Rep. Maura Hirschauer

Filed: 3/7/2023

 

 


 

 


 
10300HB1404ham001LRB103 25023 LNS 58727 a

1
AMENDMENT TO HOUSE BILL 1404

2    AMENDMENT NO. ______. Amend House Bill 1404 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Firearms Restraining Order Act is amended
5by changing Section 5 as follows:
 
6    (430 ILCS 67/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Family member of the respondent" means a spouse, former
9spouse, person with whom the respondent has a minor child in
10common, parent, child, or step-child of the respondent, any
11other person related by blood or present marriage to the
12respondent, or a person who shares a common dwelling with the
13respondent.
14    "Firearms restraining order" means an order issued by the
15court, prohibiting and enjoining a named person from having in
16his or her custody or control, purchasing, possessing, or

 

 

10300HB1404ham001- 2 -LRB103 25023 LNS 58727 a

1receiving any firearms or ammunition, or removing firearm
2parts that could be assembled to make an operable firearm.
3    "Intimate partner" means a spouse, former spouse, a person
4with whom the respondent has or allegedly has a child in
5common, or a person with whom the respondent has or has had a
6dating or engagement relationship.
7    "Petitioner" means:
8        (1) a family member of the respondent as defined in
9    this Act; or
10        (2) a law enforcement officer who files a petition
11    alleging that the respondent poses a danger of causing
12    personal injury to himself, herself, or another by having
13    in his or her custody or control, purchasing, possessing,
14    or receiving a firearm, ammunition, or firearm parts that
15    could be assembled to make an operable firearm or removing
16    firearm parts that could be assembled to make an operable
17    firearm; or
18        (3) intimate partner.
19    "Respondent" means the person alleged in the petition to
20pose a danger of causing personal injury to himself, herself,
21or another by having in his or her custody or control,
22purchasing, possessing, or receiving a firearm, ammunition, or
23firearm parts that could be assembled to make an operable
24firearm or removing firearm parts that could be assembled to
25make an operable firearm.
26(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 

 

 

10300HB1404ham001- 3 -LRB103 25023 LNS 58727 a

1    Section 10. The Code of Criminal Procedure of 1963 is
2amended by changing Section 112A-14 as follows:
 
3    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
4    Sec. 112A-14. Domestic violence order of protection;
5remedies.
6    (a) (Blank).
7    (b) The court may order any of the remedies listed in this
8subsection (b). The remedies listed in this subsection (b)
9shall be in addition to other civil or criminal remedies
10available to petitioner.
11        (1) Prohibition of abuse. Prohibit respondent's
12    harassment, interference with personal liberty,
13    intimidation of a dependent, physical abuse, or willful
14    deprivation, as defined in this Article, if such abuse has
15    occurred or otherwise appears likely to occur if not
16    prohibited.
17        (2) Grant of exclusive possession of residence.
18    Prohibit respondent from entering or remaining in any
19    residence, household, or premises of the petitioner,
20    including one owned or leased by respondent, if petitioner
21    has a right to occupancy thereof. The grant of exclusive
22    possession of the residence, household, or premises shall
23    not affect title to real property, nor shall the court be
24    limited by the standard set forth in subsection (c-2) of

 

 

10300HB1404ham001- 4 -LRB103 25023 LNS 58727 a

1    Section 501 of the Illinois Marriage and Dissolution of
2    Marriage Act.
3            (A) Right to occupancy. A party has a right to
4        occupancy of a residence or household if it is solely
5        or jointly owned or leased by that party, that party's
6        spouse, a person with a legal duty to support that
7        party or a minor child in that party's care, or by any
8        person or entity other than the opposing party that
9        authorizes that party's occupancy (e.g., a domestic
10        violence shelter). Standards set forth in subparagraph
11        (B) shall not preclude equitable relief.
12            (B) Presumption of hardships. If petitioner and
13        respondent each has the right to occupancy of a
14        residence or household, the court shall balance (i)
15        the hardships to respondent and any minor child or
16        dependent adult in respondent's care resulting from
17        entry of this remedy with (ii) the hardships to
18        petitioner and any minor child or dependent adult in
19        petitioner's care resulting from continued exposure to
20        the risk of abuse (should petitioner remain at the
21        residence or household) or from loss of possession of
22        the residence or household (should petitioner leave to
23        avoid the risk of abuse). When determining the balance
24        of hardships, the court shall also take into account
25        the accessibility of the residence or household.
26        Hardships need not be balanced if respondent does not

 

 

10300HB1404ham001- 5 -LRB103 25023 LNS 58727 a

1        have a right to occupancy.
2            The balance of hardships is presumed to favor
3        possession by petitioner unless the presumption is
4        rebutted by a preponderance of the evidence, showing
5        that the hardships to respondent substantially
6        outweigh the hardships to petitioner and any minor
7        child or dependent adult in petitioner's care. The
8        court, on the request of petitioner or on its own
9        motion, may order respondent to provide suitable,
10        accessible, alternate housing for petitioner instead
11        of excluding respondent from a mutual residence or
12        household.
13        (3) Stay away order and additional prohibitions. Order
14    respondent to stay away from petitioner or any other
15    person protected by the domestic violence order of
16    protection, or prohibit respondent from entering or
17    remaining present at petitioner's school, place of
18    employment, or other specified places at times when
19    petitioner is present, or both, if reasonable, given the
20    balance of hardships. Hardships need not be balanced for
21    the court to enter a stay away order or prohibit entry if
22    respondent has no right to enter the premises.
23            (A) If a domestic violence order of protection
24        grants petitioner exclusive possession of the
25        residence, prohibits respondent from entering the
26        residence, or orders respondent to stay away from

 

 

10300HB1404ham001- 6 -LRB103 25023 LNS 58727 a

1        petitioner or other protected persons, then the court
2        may allow respondent access to the residence to remove
3        items of clothing and personal adornment used
4        exclusively by respondent, medications, and other
5        items as the court directs. The right to access shall
6        be exercised on only one occasion as the court directs
7        and in the presence of an agreed-upon adult third
8        party or law enforcement officer.
9            (B) When the petitioner and the respondent attend
10        the same public, private, or non-public elementary,
11        middle, or high school, the court when issuing a
12        domestic violence order of protection and providing
13        relief shall consider the severity of the act, any
14        continuing physical danger or emotional distress to
15        the petitioner, the educational rights guaranteed to
16        the petitioner and respondent under federal and State
17        law, the availability of a transfer of the respondent
18        to another school, a change of placement or a change of
19        program of the respondent, the expense, difficulty,
20        and educational disruption that would be caused by a
21        transfer of the respondent to another school, and any
22        other relevant facts of the case. The court may order
23        that the respondent not attend the public, private, or
24        non-public elementary, middle, or high school attended
25        by the petitioner, order that the respondent accept a
26        change of placement or change of program, as

 

 

10300HB1404ham001- 7 -LRB103 25023 LNS 58727 a

1        determined by the school district or private or
2        non-public school, or place restrictions on the
3        respondent's movements within the school attended by
4        the petitioner. The respondent bears the burden of
5        proving by a preponderance of the evidence that a
6        transfer, change of placement, or change of program of
7        the respondent is not available. The respondent also
8        bears the burden of production with respect to the
9        expense, difficulty, and educational disruption that
10        would be caused by a transfer of the respondent to
11        another school. A transfer, change of placement, or
12        change of program is not unavailable to the respondent
13        solely on the ground that the respondent does not
14        agree with the school district's or private or
15        non-public school's transfer, change of placement, or
16        change of program or solely on the ground that the
17        respondent fails or refuses to consent or otherwise
18        does not take an action required to effectuate a
19        transfer, change of placement, or change of program.
20        When a court orders a respondent to stay away from the
21        public, private, or non-public school attended by the
22        petitioner and the respondent requests a transfer to
23        another attendance center within the respondent's
24        school district or private or non-public school, the
25        school district or private or non-public school shall
26        have sole discretion to determine the attendance

 

 

10300HB1404ham001- 8 -LRB103 25023 LNS 58727 a

1        center to which the respondent is transferred. If the
2        court order results in a transfer of the minor
3        respondent to another attendance center, a change in
4        the respondent's placement, or a change of the
5        respondent's program, the parents, guardian, or legal
6        custodian of the respondent is responsible for
7        transportation and other costs associated with the
8        transfer or change.
9            (C) The court may order the parents, guardian, or
10        legal custodian of a minor respondent to take certain
11        actions or to refrain from taking certain actions to
12        ensure that the respondent complies with the order. If
13        the court orders a transfer of the respondent to
14        another school, the parents, guardian, or legal
15        custodian of the respondent is responsible for
16        transportation and other costs associated with the
17        change of school by the respondent.
18        (4) Counseling. Require or recommend the respondent to
19    undergo counseling for a specified duration with a social
20    worker, psychologist, clinical psychologist,
21    psychiatrist, family service agency, alcohol or substance
22    abuse program, mental health center guidance counselor,
23    agency providing services to elders, program designed for
24    domestic violence abusers, or any other guidance service
25    the court deems appropriate. The court may order the
26    respondent in any intimate partner relationship to report

 

 

10300HB1404ham001- 9 -LRB103 25023 LNS 58727 a

1    to an Illinois Department of Human Services protocol
2    approved partner abuse intervention program for an
3    assessment and to follow all recommended treatment.
4        (5) Physical care and possession of the minor child.
5    In order to protect the minor child from abuse, neglect,
6    or unwarranted separation from the person who has been the
7    minor child's primary caretaker, or to otherwise protect
8    the well-being of the minor child, the court may do either
9    or both of the following: (i) grant petitioner physical
10    care or possession of the minor child, or both, or (ii)
11    order respondent to return a minor child to, or not remove
12    a minor child from, the physical care of a parent or person
13    in loco parentis.
14        If the respondent is charged with abuse (as defined in
15    Section 112A-3 of this Code) of a minor child, there shall
16    be a rebuttable presumption that awarding physical care to
17    respondent would not be in the minor child's best
18    interest.
19        (6) Temporary allocation of parental responsibilities
20    and significant decision-making responsibilities. Award
21    temporary significant decision-making responsibility to
22    petitioner in accordance with this Section, the Illinois
23    Marriage and Dissolution of Marriage Act, the Illinois
24    Parentage Act of 2015, and this State's Uniform
25    Child-Custody Jurisdiction and Enforcement Act.
26        If the respondent is charged with abuse (as defined in

 

 

10300HB1404ham001- 10 -LRB103 25023 LNS 58727 a

1    Section 112A-3 of this Code) of a minor child, there shall
2    be a rebuttable presumption that awarding temporary
3    significant decision-making responsibility to respondent
4    would not be in the child's best interest.
5        (7) Parenting time. Determine the parenting time, if
6    any, of respondent in any case in which the court awards
7    physical care or temporary significant decision-making
8    responsibility of a minor child to petitioner. The court
9    shall restrict or deny respondent's parenting time with a
10    minor child if the court finds that respondent has done or
11    is likely to do any of the following:
12            (i) abuse or endanger the minor child during
13        parenting time;
14            (ii) use the parenting time as an opportunity to
15        abuse or harass petitioner or petitioner's family or
16        household members;
17            (iii) improperly conceal or detain the minor
18        child; or
19            (iv) otherwise act in a manner that is not in the
20        best interests of the minor child.
21        The court shall not be limited by the standards set
22    forth in Section 603.10 of the Illinois Marriage and
23    Dissolution of Marriage Act. If the court grants parenting
24    time, the order shall specify dates and times for the
25    parenting time to take place or other specific parameters
26    or conditions that are appropriate. No order for parenting

 

 

10300HB1404ham001- 11 -LRB103 25023 LNS 58727 a

1    time shall refer merely to the term "reasonable parenting
2    time". Petitioner may deny respondent access to the minor
3    child if, when respondent arrives for parenting time,
4    respondent is under the influence of drugs or alcohol and
5    constitutes a threat to the safety and well-being of
6    petitioner or petitioner's minor children or is behaving
7    in a violent or abusive manner. If necessary to protect
8    any member of petitioner's family or household from future
9    abuse, respondent shall be prohibited from coming to
10    petitioner's residence to meet the minor child for
11    parenting time, and the petitioner and respondent shall
12    submit to the court their recommendations for reasonable
13    alternative arrangements for parenting time. A person may
14    be approved to supervise parenting time only after filing
15    an affidavit accepting that responsibility and
16    acknowledging accountability to the court.
17        (8) Removal or concealment of minor child. Prohibit
18    respondent from removing a minor child from the State or
19    concealing the child within the State.
20        (9) Order to appear. Order the respondent to appear in
21    court, alone or with a minor child, to prevent abuse,
22    neglect, removal or concealment of the child, to return
23    the child to the custody or care of the petitioner, or to
24    permit any court-ordered interview or examination of the
25    child or the respondent.
26        (10) Possession of personal property. Grant petitioner

 

 

10300HB1404ham001- 12 -LRB103 25023 LNS 58727 a

1    exclusive possession of personal property and, if
2    respondent has possession or control, direct respondent to
3    promptly make it available to petitioner, if:
4            (i) petitioner, but not respondent, owns the
5        property; or
6            (ii) the petitioner and respondent own the
7        property jointly; sharing it would risk abuse of
8        petitioner by respondent or is impracticable; and the
9        balance of hardships favors temporary possession by
10        petitioner.
11        If petitioner's sole claim to ownership of the
12    property is that it is marital property, the court may
13    award petitioner temporary possession thereof under the
14    standards of subparagraph (ii) of this paragraph only if a
15    proper proceeding has been filed under the Illinois
16    Marriage and Dissolution of Marriage Act, as now or
17    hereafter amended.
18        No order under this provision shall affect title to
19    property.
20        (11) Protection of property. Forbid the respondent
21    from taking, transferring, encumbering, concealing,
22    damaging, or otherwise disposing of any real or personal
23    property, except as explicitly authorized by the court,
24    if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

10300HB1404ham001- 13 -LRB103 25023 LNS 58727 a

1            (ii) the petitioner and respondent own the
2        property jointly, and the balance of hardships favors
3        granting this remedy.
4        If petitioner's sole claim to ownership of the
5    property is that it is marital property, the court may
6    grant petitioner relief under subparagraph (ii) of this
7    paragraph only if a proper proceeding has been filed under
8    the Illinois Marriage and Dissolution of Marriage Act, as
9    now or hereafter amended.
10        The court may further prohibit respondent from
11    improperly using the financial or other resources of an
12    aged member of the family or household for the profit or
13    advantage of respondent or of any other person.
14        (11.5) Protection of animals. Grant the petitioner the
15    exclusive care, custody, or control of any animal owned,
16    possessed, leased, kept, or held by either the petitioner
17    or the respondent or a minor child residing in the
18    residence or household of either the petitioner or the
19    respondent and order the respondent to stay away from the
20    animal and forbid the respondent from taking,
21    transferring, encumbering, concealing, harming, or
22    otherwise disposing of the animal.
23        (12) Order for payment of support. Order respondent to
24    pay temporary support for the petitioner or any child in
25    the petitioner's care or over whom the petitioner has been
26    allocated parental responsibility, when the respondent has

 

 

10300HB1404ham001- 14 -LRB103 25023 LNS 58727 a

1    a legal obligation to support that person, in accordance
2    with the Illinois Marriage and Dissolution of Marriage
3    Act, which shall govern, among other matters, the amount
4    of support, payment through the clerk and withholding of
5    income to secure payment. An order for child support may
6    be granted to a petitioner with lawful physical care of a
7    child, or an order or agreement for physical care of a
8    child, prior to entry of an order allocating significant
9    decision-making responsibility. Such a support order shall
10    expire upon entry of a valid order allocating parental
11    responsibility differently and vacating petitioner's
12    significant decision-making responsibility unless
13    otherwise provided in the order.
14        (13) Order for payment of losses. Order respondent to
15    pay petitioner for losses suffered as a direct result of
16    the abuse. Such losses shall include, but not be limited
17    to, medical expenses, lost earnings or other support,
18    repair or replacement of property damaged or taken,
19    reasonable attorney's fees, court costs, and moving or
20    other travel expenses, including additional reasonable
21    expenses for temporary shelter and restaurant meals.
22            (i) Losses affecting family needs. If a party is
23        entitled to seek maintenance, child support, or
24        property distribution from the other party under the
25        Illinois Marriage and Dissolution of Marriage Act, as
26        now or hereafter amended, the court may order

 

 

10300HB1404ham001- 15 -LRB103 25023 LNS 58727 a

1        respondent to reimburse petitioner's actual losses, to
2        the extent that such reimbursement would be
3        "appropriate temporary relief", as authorized by
4        subsection (a)(3) of Section 501 of that Act.
5            (ii) Recovery of expenses. In the case of an
6        improper concealment or removal of a minor child, the
7        court may order respondent to pay the reasonable
8        expenses incurred or to be incurred in the search for
9        and recovery of the minor child, including, but not
10        limited to, legal fees, court costs, private
11        investigator fees, and travel costs.
12        (14) Prohibition of entry. Prohibit the respondent
13    from entering or remaining in the residence or household
14    while the respondent is under the influence of alcohol or
15    drugs and constitutes a threat to the safety and
16    well-being of the petitioner or the petitioner's children.
17        (14.5) Prohibition of firearm possession.
18            (A) A person who is subject to an existing
19        domestic violence order of protection issued under
20        this Code may not lawfully possess weapons or a
21        Firearm Owner's Identification Card under Section 8.2
22        of the Firearm Owners Identification Card Act.
23            (B) Any firearms in the possession of the
24        respondent, except as provided in subparagraph (C) of
25        this paragraph (14.5), shall be ordered by the court
26        to be turned over to a local law enforcement agency

 

 

10300HB1404ham001- 16 -LRB103 25023 LNS 58727 a

1        person with a valid Firearm Owner's Identification
2        Card for safekeeping and the respondent shall be
3        prohibited from acquiring or possessing any firearms
4        for the duration of the order of protection. The court
5        shall issue an order that the respondent comply with
6        Section 9.5 of the Firearm Owners Identification Card
7        Act.
8            (B-1) Immediately upon entry of an order of
9        protection prohibiting firearm possession under this
10        Section, the court shall issue a warrant for seizure
11        of any firearm in the possession of the respondent, to
12        be kept by the local law enforcement agency for
13        safekeeping, except as provided in subparagraph (C). A
14        return of the warrant for seizure shall be filed by the
15        law enforcement agency within 48 hours thereafter,
16        setting forth the time, date, and location that the
17        warrant for seizure was executed and what items, if
18        any, were seized. The petitioner's general description
19        of the firearm or firearms and their location shall be
20        sufficient to support issuing a warrant. The period of
21        safekeeping shall be for the duration of the order of
22        protection.
23            (B-2) Notwithstanding the issuance of a warrant
24        under subsection (B-1), the respondent shall be
25        ordered to immediately surrender any firearms to the
26        appropriate law enforcement agency and prohibited from

 

 

10300HB1404ham001- 17 -LRB103 25023 LNS 58727 a

1        transferring firearms to another individual in lieu of
2        surrender to law enforcement.
3            (B-3) The relevant law enforcement agency shall
4        provide a statement of receipt of any firearm seized
5        or surrendered with a description of any firearm
6        seized or surrendered to the respondent and the court.
7        This statement of receipt shall be prima facie
8        evidence of compliance with an order to surrender
9        firearms.
10            (C) If the respondent is a peace officer as
11        defined in Section 2-13 of the Criminal Code of 2012,
12        the court shall order that any firearms used by the
13        respondent in the performance of his or her duties as a
14        peace officer be surrendered to the chief law
15        enforcement executive of the agency in which the
16        respondent is employed, who shall retain the firearms
17        for safekeeping for the duration of the domestic
18        violence order of protection.
19            (D) Upon expiration of the period of safekeeping,
20        if the firearms or Firearm Owner's Identification Card
21        cannot be returned to respondent because respondent
22        cannot be located, fails to respond to requests to
23        retrieve the firearms, or is not lawfully eligible to
24        possess a firearm, upon petition from the local law
25        enforcement agency, the court may order the local law
26        enforcement agency to destroy the firearms, use the

 

 

10300HB1404ham001- 18 -LRB103 25023 LNS 58727 a

1        firearms for training purposes, or for any other
2        application as deemed appropriate by the local law
3        enforcement agency; or that the firearms be turned
4        over to a third party who is lawfully eligible to
5        possess firearms, and who does not reside with
6        respondent.
7        (14.6) Prohibition of firearm possession; emergency
8    orders. Prohibit a respondent against whom an order of
9    protection was issued from possessing any firearms during
10    the duration of the order as set forth in paragraph (14.5)
11    if the prerequisites in subsection (b) of Section
12    112A-17.5 are satisfied.
13        (15) Prohibition of access to records. If a domestic
14    violence order of protection prohibits respondent from
15    having contact with the minor child, or if petitioner's
16    address is omitted under subsection (b) of Section 112A-5
17    of this Code, or if necessary to prevent abuse or wrongful
18    removal or concealment of a minor child, the order shall
19    deny respondent access to, and prohibit respondent from
20    inspecting, obtaining, or attempting to inspect or obtain,
21    school or any other records of the minor child who is in
22    the care of petitioner.
23        (16) Order for payment of shelter services. Order
24    respondent to reimburse a shelter providing temporary
25    housing and counseling services to the petitioner for the
26    cost of the services, as certified by the shelter and

 

 

10300HB1404ham001- 19 -LRB103 25023 LNS 58727 a

1    deemed reasonable by the court.
2        (17) Order for injunctive relief. Enter injunctive
3    relief necessary or appropriate to prevent further abuse
4    of a family or household member or to effectuate one of the
5    granted remedies, if supported by the balance of
6    hardships. If the harm to be prevented by the injunction
7    is abuse or any other harm that one of the remedies listed
8    in paragraphs (1) through (16) of this subsection is
9    designed to prevent, no further evidence is necessary to
10    establish that the harm is an irreparable injury.
11        (18) Telephone services.
12            (A) Unless a condition described in subparagraph
13        (B) of this paragraph exists, the court may, upon
14        request by the petitioner, order a wireless telephone
15        service provider to transfer to the petitioner the
16        right to continue to use a telephone number or numbers
17        indicated by the petitioner and the financial
18        responsibility associated with the number or numbers,
19        as set forth in subparagraph (C) of this paragraph. In
20        this paragraph (18), the term "wireless telephone
21        service provider" means a provider of commercial
22        mobile service as defined in 47 U.S.C. 332. The
23        petitioner may request the transfer of each telephone
24        number that the petitioner, or a minor child in his or
25        her custody, uses. The clerk of the court shall serve
26        the order on the wireless telephone service provider's

 

 

10300HB1404ham001- 20 -LRB103 25023 LNS 58727 a

1        agent for service of process provided to the Illinois
2        Commerce Commission. The order shall contain all of
3        the following:
4                (i) The name and billing telephone number of
5            the account holder including the name of the
6            wireless telephone service provider that serves
7            the account.
8                (ii) Each telephone number that will be
9            transferred.
10                (iii) A statement that the provider transfers
11            to the petitioner all financial responsibility for
12            and right to the use of any telephone number
13            transferred under this paragraph.
14            (B) A wireless telephone service provider shall
15        terminate the respondent's use of, and shall transfer
16        to the petitioner use of, the telephone number or
17        numbers indicated in subparagraph (A) of this
18        paragraph unless it notifies the petitioner, within 72
19        hours after it receives the order, that one of the
20        following applies:
21                (i) The account holder named in the order has
22            terminated the account.
23                (ii) A difference in network technology would
24            prevent or impair the functionality of a device on
25            a network if the transfer occurs.
26                (iii) The transfer would cause a geographic or

 

 

10300HB1404ham001- 21 -LRB103 25023 LNS 58727 a

1            other limitation on network or service provision
2            to the petitioner.
3                (iv) Another technological or operational
4            issue would prevent or impair the use of the
5            telephone number if the transfer occurs.
6            (C) The petitioner assumes all financial
7        responsibility for and right to the use of any
8        telephone number transferred under this paragraph. In
9        this paragraph, "financial responsibility" includes
10        monthly service costs and costs associated with any
11        mobile device associated with the number.
12            (D) A wireless telephone service provider may
13        apply to the petitioner its routine and customary
14        requirements for establishing an account or
15        transferring a number, including requiring the
16        petitioner to provide proof of identification,
17        financial information, and customer preferences.
18            (E) Except for willful or wanton misconduct, a
19        wireless telephone service provider is immune from
20        civil liability for its actions taken in compliance
21        with a court order issued under this paragraph.
22            (F) All wireless service providers that provide
23        services to residential customers shall provide to the
24        Illinois Commerce Commission the name and address of
25        an agent for service of orders entered under this
26        paragraph (18). Any change in status of the registered

 

 

10300HB1404ham001- 22 -LRB103 25023 LNS 58727 a

1        agent must be reported to the Illinois Commerce
2        Commission within 30 days of such change.
3            (G) The Illinois Commerce Commission shall
4        maintain the list of registered agents for service for
5        each wireless telephone service provider on the
6        Commission's website. The Commission may consult with
7        wireless telephone service providers and the Circuit
8        Court Clerks on the manner in which this information
9        is provided and displayed.
10    (c) Relevant factors; findings.
11        (1) In determining whether to grant a specific remedy,
12    other than payment of support, the court shall consider
13    relevant factors, including, but not limited to, the
14    following:
15            (i) the nature, frequency, severity, pattern, and
16        consequences of the respondent's past abuse of the
17        petitioner or any family or household member,
18        including the concealment of his or her location in
19        order to evade service of process or notice, and the
20        likelihood of danger of future abuse to petitioner or
21        any member of petitioner's or respondent's family or
22        household; and
23            (ii) the danger that any minor child will be
24        abused or neglected or improperly relocated from the
25        jurisdiction, improperly concealed within the State,
26        or improperly separated from the child's primary

 

 

10300HB1404ham001- 23 -LRB103 25023 LNS 58727 a

1        caretaker.
2        (2) In comparing relative hardships resulting to the
3    parties from loss of possession of the family home, the
4    court shall consider relevant factors, including, but not
5    limited to, the following:
6            (i) availability, accessibility, cost, safety,
7        adequacy, location, and other characteristics of
8        alternate housing for each party and any minor child
9        or dependent adult in the party's care;
10            (ii) the effect on the party's employment; and
11            (iii) the effect on the relationship of the party,
12        and any minor child or dependent adult in the party's
13        care, to family, school, church, and community.
14        (3) Subject to the exceptions set forth in paragraph
15    (4) of this subsection (c), the court shall make its
16    findings in an official record or in writing, and shall at
17    a minimum set forth the following:
18            (i) That the court has considered the applicable
19        relevant factors described in paragraphs (1) and (2)
20        of this subsection (c).
21            (ii) Whether the conduct or actions of respondent,
22        unless prohibited, will likely cause irreparable harm
23        or continued abuse.
24            (iii) Whether it is necessary to grant the
25        requested relief in order to protect petitioner or
26        other alleged abused persons.

 

 

10300HB1404ham001- 24 -LRB103 25023 LNS 58727 a

1        (4) (Blank).
2        (5) Never married parties. No rights or
3    responsibilities for a minor child born outside of
4    marriage attach to a putative father until a father and
5    child relationship has been established under the Illinois
6    Parentage Act of 1984, the Illinois Parentage Act of 2015,
7    the Illinois Public Aid Code, Section 12 of the Vital
8    Records Act, the Juvenile Court Act of 1987, the Probate
9    Act of 1975, the Uniform Interstate Family Support Act,
10    the Expedited Child Support Act of 1990, any judicial,
11    administrative, or other act of another state or
12    territory, any other statute of this State, or by any
13    foreign nation establishing the father and child
14    relationship, any other proceeding substantially in
15    conformity with the federal Personal Responsibility and
16    Work Opportunity Reconciliation Act of 1996, or when both
17    parties appeared in open court or at an administrative
18    hearing acknowledging under oath or admitting by
19    affirmation the existence of a father and child
20    relationship. Absent such an adjudication, no putative
21    father shall be granted temporary allocation of parental
22    responsibilities, including parenting time with the minor
23    child, or physical care and possession of the minor child,
24    nor shall an order of payment for support of the minor
25    child be entered.
26    (d) Balance of hardships; findings. If the court finds

 

 

10300HB1404ham001- 25 -LRB103 25023 LNS 58727 a

1that the balance of hardships does not support the granting of
2a remedy governed by paragraph (2), (3), (10), (11), or (16) of
3subsection (b) of this Section, which may require such
4balancing, the court's findings shall so indicate and shall
5include a finding as to whether granting the remedy will
6result in hardship to respondent that would substantially
7outweigh the hardship to petitioner from denial of the remedy.
8The findings shall be an official record or in writing.
9    (e) Denial of remedies. Denial of any remedy shall not be
10based, in whole or in part, on evidence that:
11        (1) respondent has cause for any use of force, unless
12    that cause satisfies the standards for justifiable use of
13    force provided by Article 7 of the Criminal Code of 2012;
14        (2) respondent was voluntarily intoxicated;
15        (3) petitioner acted in self-defense or defense of
16    another, provided that, if petitioner utilized force, such
17    force was justifiable under Article 7 of the Criminal Code
18    of 2012;
19        (4) petitioner did not act in self-defense or defense
20    of another;
21        (5) petitioner left the residence or household to
22    avoid further abuse by respondent;
23        (6) petitioner did not leave the residence or
24    household to avoid further abuse by respondent; or
25        (7) conduct by any family or household member excused
26    the abuse by respondent, unless that same conduct would

 

 

10300HB1404ham001- 26 -LRB103 25023 LNS 58727 a

1    have excused such abuse if the parties had not been family
2    or household members.
3(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    Section 15. The Illinois Domestic Violence Act of 1986 is
6amended by changing Section 214 as follows:
 
7    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
8    Sec. 214. Order of protection; remedies.
9    (a) Issuance of order. If the court finds that petitioner
10has been abused by a family or household member or that
11petitioner is a high-risk adult who has been abused,
12neglected, or exploited, as defined in this Act, an order of
13protection prohibiting the abuse, neglect, or exploitation
14shall issue; provided that petitioner must also satisfy the
15requirements of one of the following Sections, as appropriate:
16Section 217 on emergency orders, Section 218 on interim
17orders, or Section 219 on plenary orders. Petitioner shall not
18be denied an order of protection because petitioner or
19respondent is a minor. The court, when determining whether or
20not to issue an order of protection, shall not require
21physical manifestations of abuse on the person of the victim.
22Modification and extension of prior orders of protection shall
23be in accordance with this Act.
24    (b) Remedies and standards. The remedies to be included in

 

 

10300HB1404ham001- 27 -LRB103 25023 LNS 58727 a

1an order of protection shall be determined in accordance with
2this Section and one of the following Sections, as
3appropriate: Section 217 on emergency orders, Section 218 on
4interim orders, and Section 219 on plenary orders. The
5remedies listed in this subsection shall be in addition to
6other civil or criminal remedies available to petitioner.
7        (1) Prohibition of abuse, neglect, or exploitation.
8    Prohibit respondent's harassment, interference with
9    personal liberty, intimidation of a dependent, physical
10    abuse, or willful deprivation, neglect or exploitation, as
11    defined in this Act, or stalking of the petitioner, as
12    defined in Section 12-7.3 of the Criminal Code of 2012, if
13    such abuse, neglect, exploitation, or stalking has
14    occurred or otherwise appears likely to occur if not
15    prohibited.
16        (2) Grant of exclusive possession of residence.
17    Prohibit respondent from entering or remaining in any
18    residence, household, or premises of the petitioner,
19    including one owned or leased by respondent, if petitioner
20    has a right to occupancy thereof. The grant of exclusive
21    possession of the residence, household, or premises shall
22    not affect title to real property, nor shall the court be
23    limited by the standard set forth in subsection (c-2) of
24    Section 501 of the Illinois Marriage and Dissolution of
25    Marriage Act.
26            (A) Right to occupancy. A party has a right to

 

 

10300HB1404ham001- 28 -LRB103 25023 LNS 58727 a

1        occupancy of a residence or household if it is solely
2        or jointly owned or leased by that party, that party's
3        spouse, a person with a legal duty to support that
4        party or a minor child in that party's care, or by any
5        person or entity other than the opposing party that
6        authorizes that party's occupancy (e.g., a domestic
7        violence shelter). Standards set forth in subparagraph
8        (B) shall not preclude equitable relief.
9            (B) Presumption of hardships. If petitioner and
10        respondent each has the right to occupancy of a
11        residence or household, the court shall balance (i)
12        the hardships to respondent and any minor child or
13        dependent adult in respondent's care resulting from
14        entry of this remedy with (ii) the hardships to
15        petitioner and any minor child or dependent adult in
16        petitioner's care resulting from continued exposure to
17        the risk of abuse (should petitioner remain at the
18        residence or household) or from loss of possession of
19        the residence or household (should petitioner leave to
20        avoid the risk of abuse). When determining the balance
21        of hardships, the court shall also take into account
22        the accessibility of the residence or household.
23        Hardships need not be balanced if respondent does not
24        have a right to occupancy.
25            The balance of hardships is presumed to favor
26        possession by petitioner unless the presumption is

 

 

10300HB1404ham001- 29 -LRB103 25023 LNS 58727 a

1        rebutted by a preponderance of the evidence, showing
2        that the hardships to respondent substantially
3        outweigh the hardships to petitioner and any minor
4        child or dependent adult in petitioner's care. The
5        court, on the request of petitioner or on its own
6        motion, may order respondent to provide suitable,
7        accessible, alternate housing for petitioner instead
8        of excluding respondent from a mutual residence or
9        household.
10        (3) Stay away order and additional prohibitions. Order
11    respondent to stay away from petitioner or any other
12    person protected by the order of protection, or prohibit
13    respondent from entering or remaining present at
14    petitioner's school, place of employment, or other
15    specified places at times when petitioner is present, or
16    both, if reasonable, given the balance of hardships.
17    Hardships need not be balanced for the court to enter a
18    stay away order or prohibit entry if respondent has no
19    right to enter the premises.
20            (A) If an order of protection grants petitioner
21        exclusive possession of the residence, or prohibits
22        respondent from entering the residence, or orders
23        respondent to stay away from petitioner or other
24        protected persons, then the court may allow respondent
25        access to the residence to remove items of clothing
26        and personal adornment used exclusively by respondent,

 

 

10300HB1404ham001- 30 -LRB103 25023 LNS 58727 a

1        medications, and other items as the court directs. The
2        right to access shall be exercised on only one
3        occasion as the court directs and in the presence of an
4        agreed-upon adult third party or law enforcement
5        officer.
6            (B) When the petitioner and the respondent attend
7        the same public, private, or non-public elementary,
8        middle, or high school, the court when issuing an
9        order of protection and providing relief shall
10        consider the severity of the act, any continuing
11        physical danger or emotional distress to the
12        petitioner, the educational rights guaranteed to the
13        petitioner and respondent under federal and State law,
14        the availability of a transfer of the respondent to
15        another school, a change of placement or a change of
16        program of the respondent, the expense, difficulty,
17        and educational disruption that would be caused by a
18        transfer of the respondent to another school, and any
19        other relevant facts of the case. The court may order
20        that the respondent not attend the public, private, or
21        non-public elementary, middle, or high school attended
22        by the petitioner, order that the respondent accept a
23        change of placement or change of program, as
24        determined by the school district or private or
25        non-public school, or place restrictions on the
26        respondent's movements within the school attended by

 

 

10300HB1404ham001- 31 -LRB103 25023 LNS 58727 a

1        the petitioner. The respondent bears the burden of
2        proving by a preponderance of the evidence that a
3        transfer, change of placement, or change of program of
4        the respondent is not available. The respondent also
5        bears the burden of production with respect to the
6        expense, difficulty, and educational disruption that
7        would be caused by a transfer of the respondent to
8        another school. A transfer, change of placement, or
9        change of program is not unavailable to the respondent
10        solely on the ground that the respondent does not
11        agree with the school district's or private or
12        non-public school's transfer, change of placement, or
13        change of program or solely on the ground that the
14        respondent fails or refuses to consent or otherwise
15        does not take an action required to effectuate a
16        transfer, change of placement, or change of program.
17        When a court orders a respondent to stay away from the
18        public, private, or non-public school attended by the
19        petitioner and the respondent requests a transfer to
20        another attendance center within the respondent's
21        school district or private or non-public school, the
22        school district or private or non-public school shall
23        have sole discretion to determine the attendance
24        center to which the respondent is transferred. In the
25        event the court order results in a transfer of the
26        minor respondent to another attendance center, a

 

 

10300HB1404ham001- 32 -LRB103 25023 LNS 58727 a

1        change in the respondent's placement, or a change of
2        the respondent's program, the parents, guardian, or
3        legal custodian of the respondent is responsible for
4        transportation and other costs associated with the
5        transfer or change.
6            (C) The court may order the parents, guardian, or
7        legal custodian of a minor respondent to take certain
8        actions or to refrain from taking certain actions to
9        ensure that the respondent complies with the order. In
10        the event the court orders a transfer of the
11        respondent to another school, the parents, guardian,
12        or legal custodian of the respondent is responsible
13        for transportation and other costs associated with the
14        change of school by the respondent.
15        (4) Counseling. Require or recommend the respondent to
16    undergo counseling for a specified duration with a social
17    worker, psychologist, clinical psychologist,
18    psychiatrist, family service agency, alcohol or substance
19    abuse program, mental health center guidance counselor,
20    agency providing services to elders, program designed for
21    domestic violence abusers or any other guidance service
22    the court deems appropriate. The Court may order the
23    respondent in any intimate partner relationship to report
24    to an Illinois Department of Human Services protocol
25    approved partner abuse intervention program for an
26    assessment and to follow all recommended treatment.

 

 

10300HB1404ham001- 33 -LRB103 25023 LNS 58727 a

1        (5) Physical care and possession of the minor child.
2    In order to protect the minor child from abuse, neglect,
3    or unwarranted separation from the person who has been the
4    minor child's primary caretaker, or to otherwise protect
5    the well-being of the minor child, the court may do either
6    or both of the following: (i) grant petitioner physical
7    care or possession of the minor child, or both, or (ii)
8    order respondent to return a minor child to, or not remove
9    a minor child from, the physical care of a parent or person
10    in loco parentis.
11        If a court finds, after a hearing, that respondent has
12    committed abuse (as defined in Section 103) of a minor
13    child, there shall be a rebuttable presumption that
14    awarding physical care to respondent would not be in the
15    minor child's best interest.
16        (6) Temporary allocation of parental responsibilities:
17    significant decision-making. Award temporary
18    decision-making responsibility to petitioner in accordance
19    with this Section, the Illinois Marriage and Dissolution
20    of Marriage Act, the Illinois Parentage Act of 2015, and
21    this State's Uniform Child-Custody Jurisdiction and
22    Enforcement Act.
23        If a court finds, after a hearing, that respondent has
24    committed abuse (as defined in Section 103) of a minor
25    child, there shall be a rebuttable presumption that
26    awarding temporary significant decision-making

 

 

10300HB1404ham001- 34 -LRB103 25023 LNS 58727 a

1    responsibility to respondent would not be in the child's
2    best interest.
3        (7) Parenting time. Determine the parenting time, if
4    any, of respondent in any case in which the court awards
5    physical care or allocates temporary significant
6    decision-making responsibility of a minor child to
7    petitioner. The court shall restrict or deny respondent's
8    parenting time with a minor child if the court finds that
9    respondent has done or is likely to do any of the
10    following: (i) abuse or endanger the minor child during
11    parenting time; (ii) use the parenting time as an
12    opportunity to abuse or harass petitioner or petitioner's
13    family or household members; (iii) improperly conceal or
14    detain the minor child; or (iv) otherwise act in a manner
15    that is not in the best interests of the minor child. The
16    court shall not be limited by the standards set forth in
17    Section 603.10 of the Illinois Marriage and Dissolution of
18    Marriage Act. If the court grants parenting time, the
19    order shall specify dates and times for the parenting time
20    to take place or other specific parameters or conditions
21    that are appropriate. No order for parenting time shall
22    refer merely to the term "reasonable parenting time".
23        Petitioner may deny respondent access to the minor
24    child if, when respondent arrives for parenting time,
25    respondent is under the influence of drugs or alcohol and
26    constitutes a threat to the safety and well-being of

 

 

10300HB1404ham001- 35 -LRB103 25023 LNS 58727 a

1    petitioner or petitioner's minor children or is behaving
2    in a violent or abusive manner.
3        If necessary to protect any member of petitioner's
4    family or household from future abuse, respondent shall be
5    prohibited from coming to petitioner's residence to meet
6    the minor child for parenting time, and the parties shall
7    submit to the court their recommendations for reasonable
8    alternative arrangements for parenting time. A person may
9    be approved to supervise parenting time only after filing
10    an affidavit accepting that responsibility and
11    acknowledging accountability to the court.
12        (8) Removal or concealment of minor child. Prohibit
13    respondent from removing a minor child from the State or
14    concealing the child within the State.
15        (9) Order to appear. Order the respondent to appear in
16    court, alone or with a minor child, to prevent abuse,
17    neglect, removal or concealment of the child, to return
18    the child to the custody or care of the petitioner or to
19    permit any court-ordered interview or examination of the
20    child or the respondent.
21        (10) Possession of personal property. Grant petitioner
22    exclusive possession of personal property and, if
23    respondent has possession or control, direct respondent to
24    promptly make it available to petitioner, if:
25            (i) petitioner, but not respondent, owns the
26        property; or

 

 

10300HB1404ham001- 36 -LRB103 25023 LNS 58727 a

1            (ii) the parties own the property jointly; sharing
2        it would risk abuse of petitioner by respondent or is
3        impracticable; and the balance of hardships favors
4        temporary possession by petitioner.
5        If petitioner's sole claim to ownership of the
6    property is that it is marital property, the court may
7    award petitioner temporary possession thereof under the
8    standards of subparagraph (ii) of this paragraph only if a
9    proper proceeding has been filed under the Illinois
10    Marriage and Dissolution of Marriage Act, as now or
11    hereafter amended.
12        No order under this provision shall affect title to
13    property.
14        (11) Protection of property. Forbid the respondent
15    from taking, transferring, encumbering, concealing,
16    damaging or otherwise disposing of any real or personal
17    property, except as explicitly authorized by the court,
18    if:
19            (i) petitioner, but not respondent, owns the
20        property; or
21            (ii) the parties own the property jointly, and the
22        balance of hardships favors granting this remedy.
23        If petitioner's sole claim to ownership of the
24    property is that it is marital property, the court may
25    grant petitioner relief under subparagraph (ii) of this
26    paragraph only if a proper proceeding has been filed under

 

 

10300HB1404ham001- 37 -LRB103 25023 LNS 58727 a

1    the Illinois Marriage and Dissolution of Marriage Act, as
2    now or hereafter amended.
3        The court may further prohibit respondent from
4    improperly using the financial or other resources of an
5    aged member of the family or household for the profit or
6    advantage of respondent or of any other person.
7        (11.5) Protection of animals. Grant the petitioner the
8    exclusive care, custody, or control of any animal owned,
9    possessed, leased, kept, or held by either the petitioner
10    or the respondent or a minor child residing in the
11    residence or household of either the petitioner or the
12    respondent and order the respondent to stay away from the
13    animal and forbid the respondent from taking,
14    transferring, encumbering, concealing, harming, or
15    otherwise disposing of the animal.
16        (12) Order for payment of support. Order respondent to
17    pay temporary support for the petitioner or any child in
18    the petitioner's care or over whom the petitioner has been
19    allocated parental responsibility, when the respondent has
20    a legal obligation to support that person, in accordance
21    with the Illinois Marriage and Dissolution of Marriage
22    Act, which shall govern, among other matters, the amount
23    of support, payment through the clerk and withholding of
24    income to secure payment. An order for child support may
25    be granted to a petitioner with lawful physical care of a
26    child, or an order or agreement for physical care of a

 

 

10300HB1404ham001- 38 -LRB103 25023 LNS 58727 a

1    child, prior to entry of an order allocating significant
2    decision-making responsibility. Such a support order shall
3    expire upon entry of a valid order allocating parental
4    responsibility differently and vacating the petitioner's
5    significant decision-making authority, unless otherwise
6    provided in the order.
7        (13) Order for payment of losses. Order respondent to
8    pay petitioner for losses suffered as a direct result of
9    the abuse, neglect, or exploitation. Such losses shall
10    include, but not be limited to, medical expenses, lost
11    earnings or other support, repair or replacement of
12    property damaged or taken, reasonable attorney's fees,
13    court costs and moving or other travel expenses, including
14    additional reasonable expenses for temporary shelter and
15    restaurant meals.
16            (i) Losses affecting family needs. If a party is
17        entitled to seek maintenance, child support or
18        property distribution from the other party under the
19        Illinois Marriage and Dissolution of Marriage Act, as
20        now or hereafter amended, the court may order
21        respondent to reimburse petitioner's actual losses, to
22        the extent that such reimbursement would be
23        "appropriate temporary relief", as authorized by
24        subsection (a)(3) of Section 501 of that Act.
25            (ii) Recovery of expenses. In the case of an
26        improper concealment or removal of a minor child, the

 

 

10300HB1404ham001- 39 -LRB103 25023 LNS 58727 a

1        court may order respondent to pay the reasonable
2        expenses incurred or to be incurred in the search for
3        and recovery of the minor child, including but not
4        limited to legal fees, court costs, private
5        investigator fees, and travel costs.
6        (14) Prohibition of entry. Prohibit the respondent
7    from entering or remaining in the residence or household
8    while the respondent is under the influence of alcohol or
9    drugs and constitutes a threat to the safety and
10    well-being of the petitioner or the petitioner's children.
11        (14.5) Prohibition of firearm possession.
12            (a) Prohibit a respondent against whom an order of
13        protection was issued from possessing any firearms
14        during the duration of the order if the order:
15                (1) (blank); was issued after a hearing of
16            which such person received actual notice, and at
17            which such person had an opportunity to
18            participate;
19                (2) restrains such person from abusing the
20            petitioner as defined in this Act harassing,
21            stalking, or threatening an intimate partner of
22            such person or child of such intimate partner or
23            person, or engaging in other conduct that would
24            place an intimate partner in reasonable fear of
25            bodily injury to the partner or child; and
26                (3)(i) includes a finding that such person

 

 

10300HB1404ham001- 40 -LRB103 25023 LNS 58727 a

1            represents a credible threat to the physical
2            safety of the petitioner such intimate partner or
3            child; or (ii) by its terms explicitly prohibits
4            the use, attempted use, or threatened use of
5            physical force against the petitioner such
6            intimate partner or child that would reasonably be
7            expected to cause bodily injury.
8            (a-1) Except as provided in subparagraph (b), any
9        Any Firearm Owner's Identification Card in the
10        possession of the respondent, except as provided in
11        subsection (b), shall be ordered by the court to be
12        turned over to the local law enforcement agency and
13        the respondent shall be prohibited from acquiring or
14        possessing any firearms for the duration of the order
15        of protection. The local law enforcement agency shall
16        immediately mail the card to the Illinois State Police
17        Firearm Owner's Identification Card Office for
18        safekeeping.
19            (a-2) Immediately upon entry of the order of
20        protection prohibiting firearm possession under this
21        Section, the The court shall issue a warrant for
22        seizure of any firearm in the possession of the
23        respondent, to be kept by the local law enforcement
24        agency for safekeeping, except as provided in
25        subparagraph subsection (b). The petitioner's general
26        description of the firearm or firearms and their

 

 

10300HB1404ham001- 41 -LRB103 25023 LNS 58727 a

1        location shall be sufficient to support issuing a
2        warrant. The period of safekeeping shall be for the
3        duration of the order of protection.
4            (a-3) Notwithstanding the issuance of a warrant
5        under subparagraph (a-2), the respondent shall be
6        ordered to immediately surrender any firearms to the
7        appropriate law enforcement agency and prohibited from
8        transferring firearms to another individual in lieu of
9        surrender to law enforcement.
10            (a-4) The relevant law enforcement agency shall
11        provide a statement of receipt of any firearm seized
12        or surrendered with a description of any firearm
13        seized or surrendered to the respondent and the court.
14        This statement of receipt shall be prima facie
15        evidence of compliance with an order to surrender
16        firearms.
17            (a-5) The firearm or firearms and Firearm Owner's
18        Identification Card, if unexpired, shall at the
19        respondent's request, be returned to the respondent at
20        the end of the order of protection. It is the
21        respondent's responsibility to notify the Illinois
22        State Police Firearm Owner's Identification Card
23        Office of the end of the order of protection.
24            (b) If the respondent is a peace officer as
25        defined in Section 2-13 of the Criminal Code of 2012,
26        the court shall order that any firearms used by the

 

 

10300HB1404ham001- 42 -LRB103 25023 LNS 58727 a

1        respondent in the performance of his or her duties as a
2        peace officer be surrendered to the chief law
3        enforcement executive of the agency in which the
4        respondent is employed, who shall retain the firearms
5        for safekeeping for the duration of the order of
6        protection.
7            (c) Upon expiration of the period of safekeeping,
8        if the firearms or Firearm Owner's Identification Card
9        cannot be returned to respondent because respondent
10        cannot be located, fails to respond to requests to
11        retrieve the firearms, or is not lawfully eligible to
12        possess a firearm, upon petition from the local law
13        enforcement agency, the court may order the local law
14        enforcement agency to destroy the firearms, use the
15        firearms for training purposes, or for any other
16        application as deemed appropriate by the local law
17        enforcement agency; or that the firearms be turned
18        over to a third party who is lawfully eligible to
19        possess firearms, and who does not reside with
20        respondent.
21        (14.6) Prohibition of firearm possession; emergency
22    orders. Prohibit a respondent against whom an order of
23    protection was issued from possessing any firearms during
24    the duration of the order as set forth in paragraph (14.5)
25    if the prerequisites in subsection (a) of Section 217 are
26    satisfied.

 

 

10300HB1404ham001- 43 -LRB103 25023 LNS 58727 a

1        (15) Prohibition of access to records. If an order of
2    protection prohibits respondent from having contact with
3    the minor child, or if petitioner's address is omitted
4    under subsection (b) of Section 203, or if necessary to
5    prevent abuse or wrongful removal or concealment of a
6    minor child, the order shall deny respondent access to,
7    and prohibit respondent from inspecting, obtaining, or
8    attempting to inspect or obtain, school or any other
9    records of the minor child who is in the care of
10    petitioner.
11        (16) Order for payment of shelter services. Order
12    respondent to reimburse a shelter providing temporary
13    housing and counseling services to the petitioner for the
14    cost of the services, as certified by the shelter and
15    deemed reasonable by the court.
16        (17) Order for injunctive relief. Enter injunctive
17    relief necessary or appropriate to prevent further abuse
18    of a family or household member or further abuse, neglect,
19    or exploitation of a high-risk adult with disabilities or
20    to effectuate one of the granted remedies, if supported by
21    the balance of hardships. If the harm to be prevented by
22    the injunction is abuse or any other harm that one of the
23    remedies listed in paragraphs (1) through (16) of this
24    subsection is designed to prevent, no further evidence is
25    necessary that the harm is an irreparable injury.
26        (18) Telephone services.

 

 

10300HB1404ham001- 44 -LRB103 25023 LNS 58727 a

1            (A) Unless a condition described in subparagraph
2        (B) of this paragraph exists, the court may, upon
3        request by the petitioner, order a wireless telephone
4        service provider to transfer to the petitioner the
5        right to continue to use a telephone number or numbers
6        indicated by the petitioner and the financial
7        responsibility associated with the number or numbers,
8        as set forth in subparagraph (C) of this paragraph.
9        For purposes of this paragraph (18), the term
10        "wireless telephone service provider" means a provider
11        of commercial mobile service as defined in 47 U.S.C.
12        332. The petitioner may request the transfer of each
13        telephone number that the petitioner, or a minor child
14        in his or her custody, uses. The clerk of the court
15        shall serve the order on the wireless telephone
16        service provider's agent for service of process
17        provided to the Illinois Commerce Commission. The
18        order shall contain all of the following:
19                (i) The name and billing telephone number of
20            the account holder including the name of the
21            wireless telephone service provider that serves
22            the account.
23                (ii) Each telephone number that will be
24            transferred.
25                (iii) A statement that the provider transfers
26            to the petitioner all financial responsibility for

 

 

10300HB1404ham001- 45 -LRB103 25023 LNS 58727 a

1            and right to the use of any telephone number
2            transferred under this paragraph.
3            (B) A wireless telephone service provider shall
4        terminate the respondent's use of, and shall transfer
5        to the petitioner use of, the telephone number or
6        numbers indicated in subparagraph (A) of this
7        paragraph unless it notifies the petitioner, within 72
8        hours after it receives the order, that one of the
9        following applies:
10                (i) The account holder named in the order has
11            terminated the account.
12                (ii) A difference in network technology would
13            prevent or impair the functionality of a device on
14            a network if the transfer occurs.
15                (iii) The transfer would cause a geographic or
16            other limitation on network or service provision
17            to the petitioner.
18                (iv) Another technological or operational
19            issue would prevent or impair the use of the
20            telephone number if the transfer occurs.
21            (C) The petitioner assumes all financial
22        responsibility for and right to the use of any
23        telephone number transferred under this paragraph. In
24        this paragraph, "financial responsibility" includes
25        monthly service costs and costs associated with any
26        mobile device associated with the number.

 

 

10300HB1404ham001- 46 -LRB103 25023 LNS 58727 a

1            (D) A wireless telephone service provider may
2        apply to the petitioner its routine and customary
3        requirements for establishing an account or
4        transferring a number, including requiring the
5        petitioner to provide proof of identification,
6        financial information, and customer preferences.
7            (E) Except for willful or wanton misconduct, a
8        wireless telephone service provider is immune from
9        civil liability for its actions taken in compliance
10        with a court order issued under this paragraph.
11            (F) All wireless service providers that provide
12        services to residential customers shall provide to the
13        Illinois Commerce Commission the name and address of
14        an agent for service of orders entered under this
15        paragraph (18). Any change in status of the registered
16        agent must be reported to the Illinois Commerce
17        Commission within 30 days of such change.
18            (G) The Illinois Commerce Commission shall
19        maintain the list of registered agents for service for
20        each wireless telephone service provider on the
21        Commission's website. The Commission may consult with
22        wireless telephone service providers and the Circuit
23        Court Clerks on the manner in which this information
24        is provided and displayed.
25    (c) Relevant factors; findings.
26        (1) In determining whether to grant a specific remedy,

 

 

10300HB1404ham001- 47 -LRB103 25023 LNS 58727 a

1    other than payment of support, the court shall consider
2    relevant factors, including but not limited to the
3    following:
4            (i) the nature, frequency, severity, pattern and
5        consequences of the respondent's past abuse, neglect
6        or exploitation of the petitioner or any family or
7        household member, including the concealment of his or
8        her location in order to evade service of process or
9        notice, and the likelihood of danger of future abuse,
10        neglect, or exploitation to petitioner or any member
11        of petitioner's or respondent's family or household;
12        and
13            (ii) the danger that any minor child will be
14        abused or neglected or improperly relocated from the
15        jurisdiction, improperly concealed within the State or
16        improperly separated from the child's primary
17        caretaker.
18        (2) In comparing relative hardships resulting to the
19    parties from loss of possession of the family home, the
20    court shall consider relevant factors, including but not
21    limited to the following:
22            (i) availability, accessibility, cost, safety,
23        adequacy, location and other characteristics of
24        alternate housing for each party and any minor child
25        or dependent adult in the party's care;
26            (ii) the effect on the party's employment; and

 

 

10300HB1404ham001- 48 -LRB103 25023 LNS 58727 a

1            (iii) the effect on the relationship of the party,
2        and any minor child or dependent adult in the party's
3        care, to family, school, church and community.
4        (3) Subject to the exceptions set forth in paragraph
5    (4) of this subsection, the court shall make its findings
6    in an official record or in writing, and shall at a minimum
7    set forth the following:
8            (i) That the court has considered the applicable
9        relevant factors described in paragraphs (1) and (2)
10        of this subsection.
11            (ii) Whether the conduct or actions of respondent,
12        unless prohibited, will likely cause irreparable harm
13        or continued abuse.
14            (iii) Whether it is necessary to grant the
15        requested relief in order to protect petitioner or
16        other alleged abused persons.
17        (4) For purposes of issuing an ex parte emergency
18    order of protection, the court, as an alternative to or as
19    a supplement to making the findings described in
20    paragraphs (c)(3)(i) through (c)(3)(iii) of this
21    subsection, may use the following procedure:
22        When a verified petition for an emergency order of
23    protection in accordance with the requirements of Sections
24    203 and 217 is presented to the court, the court shall
25    examine petitioner on oath or affirmation. An emergency
26    order of protection shall be issued by the court if it

 

 

10300HB1404ham001- 49 -LRB103 25023 LNS 58727 a

1    appears from the contents of the petition and the
2    examination of petitioner that the averments are
3    sufficient to indicate abuse by respondent and to support
4    the granting of relief under the issuance of the emergency
5    order of protection.
6        (5) Never married parties. No rights or
7    responsibilities for a minor child born outside of
8    marriage attach to a putative father until a father and
9    child relationship has been established under the Illinois
10    Parentage Act of 1984, the Illinois Parentage Act of 2015,
11    the Illinois Public Aid Code, Section 12 of the Vital
12    Records Act, the Juvenile Court Act of 1987, the Probate
13    Act of 1975, the Revised Uniform Reciprocal Enforcement of
14    Support Act, the Uniform Interstate Family Support Act,
15    the Expedited Child Support Act of 1990, any judicial,
16    administrative, or other act of another state or
17    territory, any other Illinois statute, or by any foreign
18    nation establishing the father and child relationship, any
19    other proceeding substantially in conformity with the
20    Personal Responsibility and Work Opportunity
21    Reconciliation Act of 1996 (Pub. L. 104-193), or where
22    both parties appeared in open court or at an
23    administrative hearing acknowledging under oath or
24    admitting by affirmation the existence of a father and
25    child relationship. Absent such an adjudication, finding,
26    or acknowledgment, no putative father shall be granted

 

 

10300HB1404ham001- 50 -LRB103 25023 LNS 58727 a

1    temporary allocation of parental responsibilities,
2    including parenting time with the minor child, or physical
3    care and possession of the minor child, nor shall an order
4    of payment for support of the minor child be entered.
5    (d) Balance of hardships; findings. If the court finds
6that the balance of hardships does not support the granting of
7a remedy governed by paragraph (2), (3), (10), (11), or (16) of
8subsection (b) of this Section, which may require such
9balancing, the court's findings shall so indicate and shall
10include a finding as to whether granting the remedy will
11result in hardship to respondent that would substantially
12outweigh the hardship to petitioner from denial of the remedy.
13The findings shall be an official record or in writing.
14    (e) Denial of remedies. Denial of any remedy shall not be
15based, in whole or in part, on evidence that:
16        (1) Respondent has cause for any use of force, unless
17    that cause satisfies the standards for justifiable use of
18    force provided by Article 7 of the Criminal Code of 2012;
19        (2) Respondent was voluntarily intoxicated;
20        (3) Petitioner acted in self-defense or defense of
21    another, provided that, if petitioner utilized force, such
22    force was justifiable under Article 7 of the Criminal Code
23    of 2012;
24        (4) Petitioner did not act in self-defense or defense
25    of another;
26        (5) Petitioner left the residence or household to

 

 

10300HB1404ham001- 51 -LRB103 25023 LNS 58727 a

1    avoid further abuse, neglect, or exploitation by
2    respondent;
3        (6) Petitioner did not leave the residence or
4    household to avoid further abuse, neglect, or exploitation
5    by respondent;
6        (7) Conduct by any family or household member excused
7    the abuse, neglect, or exploitation by respondent, unless
8    that same conduct would have excused such abuse, neglect,
9    or exploitation if the parties had not been family or
10    household members.
11(Source: P.A. 102-538, eff. 8-20-21.)".