HB3365 EnrolledLRB097 08563 RLC 50992 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 4 and 8 as follows:
 
6    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
7    Sec. 4. (a) Each applicant for a Firearm Owner's
8Identification Card must:
9        (1) Make application on blank forms prepared and
10    furnished at convenient locations throughout the State by
11    the Department of State Police, or by electronic means, if
12    and when made available by the Department of State Police;
13    and
14        (2) Submit evidence to the Department of State Police
15    that:
16            (i) He or she is 21 years of age or over, or if he
17        or she is under 21 years of age that he or she has the
18        written consent of his or her parent or legal guardian
19        to possess and acquire firearms and firearm ammunition
20        and that he or she has never been convicted of a
21        misdemeanor other than a traffic offense or adjudged
22        delinquent, provided, however, that such parent or
23        legal guardian is not an individual prohibited from

 

 

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1        having a Firearm Owner's Identification Card and files
2        an affidavit with the Department as prescribed by the
3        Department stating that he or she is not an individual
4        prohibited from having a Card;
5            (ii) He or she has not been convicted of a felony
6        under the laws of this or any other jurisdiction;
7            (iii) He or she is not addicted to narcotics;
8            (iv) He or she has not been a patient in a mental
9        institution within the past 5 years and he or she has
10        not been adjudicated as a mental defective;
11            (v) He or she is not mentally retarded;
12            (vi) He or she is not an alien who is unlawfully
13        present in the United States under the laws of the
14        United States;
15            (vii) He or she is not subject to an existing order
16        of protection prohibiting him or her from possessing a
17        firearm;
18            (viii) He or she has not been convicted within the
19        past 5 years of battery, assault, aggravated assault,
20        violation of an order of protection, or a substantially
21        similar offense in another jurisdiction, in which a
22        firearm was used or possessed;
23            (ix) He or she has not been convicted of domestic
24        battery, aggravated domestic battery, or a
25        substantially similar offense in another jurisdiction
26        committed before, on or after the effective date of

 

 

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1        this amendatory Act of the 97th General Assembly 1997;
2            (x) (Blank) He or she has not been convicted within
3        the past 5 years of domestic battery or a substantially
4        similar offense in another jurisdiction committed
5        before the effective date of this amendatory Act of
6        1997;
7            (xi) He or she is not an alien who has been
8        admitted to the United States under a non-immigrant
9        visa (as that term is defined in Section 101(a)(26) of
10        the Immigration and Nationality Act (8 U.S.C.
11        1101(a)(26))), or that he or she is an alien who has
12        been lawfully admitted to the United States under a
13        non-immigrant visa if that alien is:
14                (1) admitted to the United States for lawful
15            hunting or sporting purposes;
16                (2) an official representative of a foreign
17            government who is:
18                    (A) accredited to the United States
19                Government or the Government's mission to an
20                international organization having its
21                headquarters in the United States; or
22                    (B) en route to or from another country to
23                which that alien is accredited;
24                (3) an official of a foreign government or
25            distinguished foreign visitor who has been so
26            designated by the Department of State;

 

 

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1                (4) a foreign law enforcement officer of a
2            friendly foreign government entering the United
3            States on official business; or
4                (5) one who has received a waiver from the
5            Attorney General of the United States pursuant to
6            18 U.S.C. 922(y)(3);
7            (xii) He or she is not a minor subject to a
8        petition filed under Section 5-520 of the Juvenile
9        Court Act of 1987 alleging that the minor is a
10        delinquent minor for the commission of an offense that
11        if committed by an adult would be a felony; and
12            (xiii) He or she is not an adult who had been
13        adjudicated a delinquent minor under the Juvenile
14        Court Act of 1987 for the commission of an offense that
15        if committed by an adult would be a felony; and
16        (3) Upon request by the Department of State Police,
17    sign a release on a form prescribed by the Department of
18    State Police waiving any right to confidentiality and
19    requesting the disclosure to the Department of State Police
20    of limited mental health institution admission information
21    from another state, the District of Columbia, any other
22    territory of the United States, or a foreign nation
23    concerning the applicant for the sole purpose of
24    determining whether the applicant is or was a patient in a
25    mental health institution and disqualified because of that
26    status from receiving a Firearm Owner's Identification

 

 

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1    Card. No mental health care or treatment records may be
2    requested. The information received shall be destroyed
3    within one year of receipt.
4    (a-5) Each applicant for a Firearm Owner's Identification
5Card who is over the age of 18 shall furnish to the Department
6of State Police either his or her driver's license number or
7Illinois Identification Card number.
8    (a-10) Each applicant for a Firearm Owner's Identification
9Card, who is employed as an armed security officer at a nuclear
10energy, storage, weapons, or development facility regulated by
11the Nuclear Regulatory Commission and who is not an Illinois
12resident, shall furnish to the Department of State Police his
13or her driver's license number or state identification card
14number from his or her state of residence. The Department of
15State Police may promulgate rules to enforce the provisions of
16this subsection (a-10).
17    (b) Each application form shall include the following
18statement printed in bold type: "Warning: Entering false
19information on an application for a Firearm Owner's
20Identification Card is punishable as a Class 2 felony in
21accordance with subsection (d-5) of Section 14 of the Firearm
22Owners Identification Card Act.".
23    (c) Upon such written consent, pursuant to Section 4,
24paragraph (a)(2)(i), the parent or legal guardian giving the
25consent shall be liable for any damages resulting from the
26applicant's use of firearms or firearm ammunition.

 

 

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1(Source: P.A. 95-581, eff. 6-1-08.)
 
2    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
3    Sec. 8. The Department of State Police has authority to
4deny an application for or to revoke and seize a Firearm
5Owner's Identification Card previously issued under this Act
6only if the Department finds that the applicant or the person
7to whom such card was issued is or was at the time of issuance:
8    (a) A person under 21 years of age who has been convicted
9of a misdemeanor other than a traffic offense or adjudged
10delinquent;
11    (b) A person under 21 years of age who does not have the
12written consent of his parent or guardian to acquire and
13possess firearms and firearm ammunition, or whose parent or
14guardian has revoked such written consent, or where such parent
15or guardian does not qualify to have a Firearm Owner's
16Identification Card;
17    (c) A person convicted of a felony under the laws of this
18or any other jurisdiction;
19    (d) A person addicted to narcotics;
20    (e) A person who has been a patient of a mental institution
21within the past 5 years or has been adjudicated as a mental
22defective;
23    (f) A person whose mental condition is of such a nature
24that it poses a clear and present danger to the applicant, any
25other person or persons or the community;

 

 

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1    For the purposes of this Section, "mental condition" means
2a state of mind manifested by violent, suicidal, threatening or
3assaultive behavior.
4    (g) A person who is mentally retarded;
5    (h) A person who intentionally makes a false statement in
6the Firearm Owner's Identification Card application;
7    (i) An alien who is unlawfully present in the United States
8under the laws of the United States;
9    (i-5) An alien who has been admitted to the United States
10under a non-immigrant visa (as that term is defined in Section
11101(a)(26) of the Immigration and Nationality Act (8 U.S.C.
121101(a)(26))), except that this subsection (i-5) does not apply
13to any alien who has been lawfully admitted to the United
14States under a non-immigrant visa if that alien is:
15        (1) admitted to the United States for lawful hunting or
16    sporting purposes;
17        (2) an official representative of a foreign government
18    who is:
19            (A) accredited to the United States Government or
20        the Government's mission to an international
21        organization having its headquarters in the United
22        States; or
23            (B) en route to or from another country to which
24        that alien is accredited;
25        (3) an official of a foreign government or
26    distinguished foreign visitor who has been so designated by

 

 

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1    the Department of State;
2        (4) a foreign law enforcement officer of a friendly
3    foreign government entering the United States on official
4    business; or
5        (5) one who has received a waiver from the Attorney
6    General of the United States pursuant to 18 U.S.C.
7    922(y)(3);
8    (j) (Blank);
9    (k) A person who has been convicted within the past 5 years
10of battery, assault, aggravated assault, violation of an order
11of protection, or a substantially similar offense in another
12jurisdiction, in which a firearm was used or possessed;
13    (l) A person who has been convicted of domestic battery,
14aggravated domestic battery, or a substantially similar
15offense in another jurisdiction committed before, on or after
16the effective date of this amendatory Act of the 97th General
17Assembly January 1, 1998;
18    (m) (Blank) A person who has been convicted within the past
195 years of domestic battery or a substantially similar offense
20in another jurisdiction committed before January 1, 1998;
21    (n) A person who is prohibited from acquiring or possessing
22firearms or firearm ammunition by any Illinois State statute or
23by federal law;
24    (o) A minor subject to a petition filed under Section 5-520
25of the Juvenile Court Act of 1987 alleging that the minor is a
26delinquent minor for the commission of an offense that if

 

 

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1committed by an adult would be a felony; or
2    (p) An adult who had been adjudicated a delinquent minor
3under the Juvenile Court Act of 1987 for the commission of an
4offense that if committed by an adult would be a felony.
5(Source: P.A. 95-581, eff. 6-1-08; 96-701, eff. 1-1-10.)
 
6    Section 10. The Code of Criminal Procedure of 1963 is
7amended by changing Section 112A-14 as follows:
 
8    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
9    Sec. 112A-14. Order of protection; remedies.
10    (a) Issuance of order. If the court finds that petitioner
11has been abused by a family or household member, as defined in
12this Article, an order of protection prohibiting such abuse
13shall issue; provided that petitioner must also satisfy the
14requirements of one of the following Sections, as appropriate:
15Section 112A-17 on emergency orders, Section 112A-18 on interim
16orders, or Section 112A-19 on plenary orders. Petitioner shall
17not be denied an order of protection because petitioner or
18respondent is a minor. The court, when determining whether or
19not to issue an order of protection, shall not require physical
20manifestations of abuse on the person of the victim.
21Modification and extension of prior orders of protection shall
22be in accordance with this Article.
23    (b) Remedies and standards. The remedies to be included in
24an order of protection shall be determined in accordance with

 

 

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1this Section and one of the following Sections, as appropriate:
2Section 112A-17 on emergency orders, Section 112A-18 on interim
3orders, and Section 112A-19 on plenary orders. The remedies
4listed in this subsection shall be in addition to other civil
5or criminal remedies available to petitioner.
6        (1) Prohibition of abuse. Prohibit respondent's
7    harassment, interference with personal liberty,
8    intimidation of a dependent, physical abuse or willful
9    deprivation, as defined in this Article, if such abuse has
10    occurred or otherwise appears likely to occur if not
11    prohibited.
12        (2) Grant of exclusive possession of residence.
13    Prohibit respondent from entering or remaining in any
14    residence, household, or premises of the petitioner,
15    including one owned or leased by respondent, if petitioner
16    has a right to occupancy thereof. The grant of exclusive
17    possession of the residence, household, or premises shall
18    not affect title to real property, nor shall the court be
19    limited by the standard set forth in Section 701 of the
20    Illinois Marriage and Dissolution of Marriage Act.
21            (A) Right to occupancy. A party has a right to
22        occupancy of a residence or household if it is solely
23        or jointly owned or leased by that party, that party's
24        spouse, a person with a legal duty to support that
25        party or a minor child in that party's care, or by any
26        person or entity other than the opposing party that

 

 

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

 

 

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1        motion, may order respondent to provide suitable,
2        accessible, alternate housing for petitioner instead
3        of excluding respondent from a mutual residence or
4        household.
5        (3) Stay away order and additional prohibitions. Order
6    respondent to stay away from petitioner or any other person
7    protected by the order of protection, or prohibit
8    respondent from entering or remaining present at
9    petitioner's school, place of employment, or other
10    specified places at times when petitioner is present, or
11    both, if reasonable, given the balance of hardships.
12    Hardships need not be balanced for the court to enter a
13    stay away order or prohibit entry if respondent has no
14    right to enter the premises.
15        If an order of protection grants petitioner exclusive
16    possession of the residence, or prohibits respondent from
17    entering the residence, or orders respondent to stay away
18    from petitioner or other protected persons, then the court
19    may allow respondent access to the residence to remove
20    items of clothing and personal adornment used exclusively
21    by respondent, medications, and other items as the court
22    directs. The right to access shall be exercised on only one
23    occasion as the court directs and in the presence of an
24    agreed-upon adult third party or law enforcement officer.
25        (4) Counseling. Require or recommend the respondent to
26    undergo counseling for a specified duration with a social

 

 

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1    worker, psychologist, clinical psychologist, psychiatrist,
2    family service agency, alcohol or substance abuse program,
3    mental health center guidance counselor, agency providing
4    services to elders, program designed for domestic violence
5    abusers or any other guidance service the court deems
6    appropriate. The court may order the respondent in any
7    intimate partner relationship to report to an Illinois
8    Department of Human Services protocol approved partner
9    abuse intervention program for an assessment and to follow
10    all recommended treatment.
11        (5) Physical care and possession of the minor child. In
12    order to protect the minor child from abuse, neglect, or
13    unwarranted separation from the person who has been the
14    minor child's primary caretaker, or to otherwise protect
15    the well-being of the minor child, the court may do either
16    or both of the following: (i) grant petitioner physical
17    care or possession of the minor child, or both, or (ii)
18    order respondent to return a minor child to, or not remove
19    a minor child from, the physical care of a parent or person
20    in loco parentis.
21        If a court finds, after a hearing, that respondent has
22    committed abuse (as defined in Section 112A-3) of a minor
23    child, there shall be a rebuttable presumption that
24    awarding physical care to respondent would not be in the
25    minor child's best interest.
26        (6) Temporary legal custody. Award temporary legal

 

 

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1    custody to petitioner in accordance with this Section, the
2    Illinois Marriage and Dissolution of Marriage Act, the
3    Illinois Parentage Act of 1984, and this State's Uniform
4    Child-Custody Jurisdiction and Enforcement Act.
5        If a court finds, after a hearing, that respondent has
6    committed abuse (as defined in Section 112A-3) of a minor
7    child, there shall be a rebuttable presumption that
8    awarding temporary legal custody to respondent would not be
9    in the child's best interest.
10        (7) Visitation. Determine the visitation rights, if
11    any, of respondent in any case in which the court awards
12    physical care or temporary legal custody of a minor child
13    to petitioner. The court shall restrict or deny
14    respondent's visitation with a minor child if the court
15    finds that respondent has done or is likely to do any of
16    the following: (i) abuse or endanger the minor child during
17    visitation; (ii) use the visitation as an opportunity to
18    abuse or harass petitioner or petitioner's family or
19    household members; (iii) improperly conceal or detain the
20    minor child; or (iv) otherwise act in a manner that is not
21    in the best interests of the minor child. The court shall
22    not be limited by the standards set forth in Section 607.1
23    of the Illinois Marriage and Dissolution of Marriage Act.
24    If the court grants visitation, the order shall specify
25    dates and times for the visitation to take place or other
26    specific parameters or conditions that are appropriate. No

 

 

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

 

 

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1        (10) Possession of personal property. Grant petitioner
2    exclusive possession of personal property and, if
3    respondent has possession or control, direct respondent to
4    promptly make it available to petitioner, if:
5            (i) petitioner, but not respondent, owns the
6        property; or
7            (ii) the parties own the property jointly; sharing
8        it would risk abuse of petitioner by respondent or is
9        impracticable; and the balance of hardships favors
10        temporary possession by petitioner.
11        If petitioner's sole claim to ownership of the property
12    is that it is marital property, the court may award
13    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, if:
24            (i) petitioner, but not respondent, owns the
25        property; or
26            (ii) the parties own the property jointly, and the

 

 

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

 

 

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

 

 

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

 

 

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1            safety of such intimate partner or child; or (ii)
2            by its terms explicitly prohibits the use,
3            attempted use, or threatened use of physical force
4            against such intimate partner or child that would
5            reasonably be expected to cause bodily injury.
6        Any When a complaint is made under a request for an
7        order of protection, that the respondent has
8        threatened or is likely to use firearms illegally
9        against the petitioner, the court shall examine on oath
10        the petitioner, and any witnesses who may be produced.
11        If the court is satisfied that there is any danger of
12        the illegal use of firearms, and the respondent is
13        present in court, it shall issue an order that any
14        firearms in the possession of the respondent, except as
15        provided in subsection (b), shall be ordered by the
16        court to be turned over to the local law enforcement
17        agency for safekeeping. The court If the court is
18        satisfied that there is any danger of the illegal use
19        of firearms, and the respondent is present in court, it
20        shall issue an order that the respondent's Firearm
21        Owner's Identification Card be turned over to the local
22        law enforcement agency for safekeeping. If the court is
23        satisfied that there is any danger of the illegal use
24        of firearms, and if the respondent is not present in
25        court, the court shall issue a warrant for seizure of
26        the respondent's Firearm Owner's Identification Card

 

 

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1        and any firearm in the possession of the respondent,
2        except as provided in subsection (b), be turned over to
3        the local law enforcement agency for safekeeping. The
4        period of safekeeping shall be for the duration of the
5        order of protection a stated period of time not to
6        exceed 2 years. The firearm or firearms shall be
7        returned to the respondent at the end of the stated
8        period or at expiration of the order of protection,
9        whichever is sooner.
10            (b) If the respondent is a peace officer as defined
11        in Section 2-13 of the Criminal Code of 1961, the court
12        shall order that any firearms used by the respondent in
13        the performance of his or her duties as a peace officer
14        be surrendered to the chief law enforcement executive
15        of the agency in which the respondent is employed, who
16        shall retain the firearms for safekeeping for the
17        duration of the order of protection stated period not
18        to exceed 2 years as set forth in the court order.
19            (c) 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

 

 

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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 over
4        to a third party who is lawfully eligible to possess
5        firearms, and who does not reside with respondent.
6        (15) Prohibition of access to records. If an order of
7    protection prohibits respondent from having contact with
8    the minor child, or if petitioner's address is omitted
9    under subsection (b) of Section 112A-5, or if necessary to
10    prevent abuse or wrongful removal or concealment of a minor
11    child, the order shall deny respondent access to, and
12    prohibit respondent from inspecting, obtaining, or
13    attempting to inspect or obtain, school or any other
14    records of the minor child who is in the care of
15    petitioner.
16        (16) Order for payment of shelter services. Order
17    respondent to reimburse a shelter providing temporary
18    housing and counseling services to the petitioner for the
19    cost of the services, as certified by the shelter and
20    deemed reasonable by the court.
21        (17) Order for injunctive relief. Enter injunctive
22    relief necessary or appropriate to prevent further abuse of
23    a family or household member or to effectuate one of the
24    granted remedies, if supported by the balance of hardships.
25    If the harm to be prevented by the injunction is abuse or
26    any other harm that one of the remedies listed in

 

 

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1    paragraphs (1) through (16) of this subsection is designed
2    to prevent, no further evidence is necessary to establish
3    that the harm is an irreparable injury.
4    (c) Relevant factors; findings.
5        (1) In determining whether to grant a specific remedy,
6    other than payment of support, the court shall consider
7    relevant factors, including but not limited to the
8    following:
9            (i) the nature, frequency, severity, pattern and
10        consequences of the respondent's past abuse of the
11        petitioner or any family or household member,
12        including the concealment of his or her location in
13        order to evade service of process or notice, and the
14        likelihood of danger of future abuse to petitioner or
15        any member of petitioner's or respondent's family or
16        household; and
17            (ii) the danger that any minor child will be abused
18        or neglected or improperly removed from the
19        jurisdiction, improperly concealed within the State or
20        improperly separated from the child's primary
21        caretaker.
22        (2) In comparing relative hardships resulting to the
23    parties from loss of possession of the family home, the
24    court shall consider relevant factors, including but not
25    limited to the following:
26            (i) availability, accessibility, cost, safety,

 

 

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

 

 

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1    protection in accordance with the requirements of Sections
2    112A-5 and 112A-17 is presented to the court, the court
3    shall examine petitioner on oath or affirmation. An
4    emergency order of protection shall be issued by the court
5    if it appears from the contents of the petition and the
6    examination of petitioner that the averments are
7    sufficient to indicate abuse by respondent and to support
8    the granting of relief under the issuance of the emergency
9    order of protection.
10        (5) Never married parties. No rights or
11    responsibilities for a minor child born outside of marriage
12    attach to a putative father until a father and child
13    relationship has been established under the Illinois
14    Parentage Act of 1984. Absent such an adjudication, no
15    putative father shall be granted temporary custody of the
16    minor child, visitation with the minor child, or physical
17    care and possession of the minor child, nor shall an order
18    of payment for support of the minor child be entered.
19    (d) Balance of hardships; findings. If the court finds that
20the balance of hardships does not support the granting of a
21remedy governed by paragraph (2), (3), (10), (11), or (16) of
22subsection (b) of this Section, which may require such
23balancing, the court's findings shall so indicate and shall
24include a finding as to whether granting the remedy will result
25in hardship to respondent that would substantially outweigh the
26hardship to petitioner from denial of the remedy. The findings

 

 

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1shall be an official record or in writing.
2    (e) Denial of remedies. Denial of any remedy shall not be
3based, in whole or in part, on evidence that:
4        (1) Respondent has cause for any use of force, unless
5    that cause satisfies the standards for justifiable use of
6    force provided by Article VII of the Criminal Code of 1961;
7        (2) Respondent was voluntarily intoxicated;
8        (3) Petitioner acted in self-defense or defense of
9    another, provided that, if petitioner utilized force, such
10    force was justifiable under Article VII of the Criminal
11    Code of 1961;
12        (4) Petitioner did not act in self-defense or defense
13    of another;
14        (5) Petitioner left the residence or household to avoid
15    further abuse by respondent;
16        (6) Petitioner did not leave the residence or household
17    to avoid further abuse by respondent;
18        (7) Conduct by any family or household member excused
19    the abuse by respondent, unless that same conduct would
20    have excused such abuse if the parties had not been family
21    or household members.
22(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701,
23eff. 1-1-10; 96-1239, eff. 1-1-11.)
 
24    Section 15. The Illinois Domestic Violence Act of 1986 is
25amended by changing Section 214 as follows:
 

 

 

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1    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
2    Sec. 214. Order of protection; remedies.
3    (a) Issuance of order. If the court finds that petitioner
4has been abused by a family or household member or that
5petitioner is a high-risk adult who has been abused, neglected,
6or exploited, as defined in this Act, an order of protection
7prohibiting the abuse, neglect, or exploitation shall issue;
8provided that petitioner must also satisfy the requirements of
9one of the following Sections, as appropriate: Section 217 on
10emergency orders, Section 218 on interim orders, or Section 219
11on plenary orders. Petitioner shall not be denied an order of
12protection because petitioner or respondent is a minor. The
13court, when determining whether or not to issue an order of
14protection, shall not require physical manifestations of abuse
15on the person of the victim. Modification and extension of
16prior orders of protection shall be in accordance with this
17Act.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as appropriate:
21Section 217 on emergency orders, Section 218 on interim orders,
22and Section 219 on plenary orders. The remedies listed in this
23subsection shall be in addition to other civil or criminal
24remedies available to petitioner.
25        (1) Prohibition of abuse, neglect, or exploitation.

 

 

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1    Prohibit respondent's harassment, interference with
2    personal liberty, intimidation of a dependent, physical
3    abuse, or willful deprivation, neglect or exploitation, as
4    defined in this Act, or stalking of the petitioner, as
5    defined in Section 12-7.3 of the Criminal Code of 1961, if
6    such abuse, neglect, exploitation, or stalking has
7    occurred or otherwise appears likely to occur if not
8    prohibited.
9        (2) Grant of exclusive possession of residence.
10    Prohibit respondent from entering or remaining in any
11    residence, household, or premises of the petitioner,
12    including one owned or leased by respondent, if petitioner
13    has a right to occupancy thereof. The grant of exclusive
14    possession of the residence, household, or premises shall
15    not affect title to real property, nor shall the court be
16    limited by the standard set forth in Section 701 of the
17    Illinois Marriage and Dissolution of Marriage Act.
18            (A) Right to occupancy. A party has a right to
19        occupancy of a residence or household if it is solely
20        or jointly owned or leased by that party, that party's
21        spouse, a person with a legal duty to support that
22        party or a minor child in that party's care, or by any
23        person or entity other than the opposing party that
24        authorizes that party's occupancy (e.g., a domestic
25        violence shelter). Standards set forth in subparagraph
26        (B) shall not preclude equitable relief.

 

 

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1            (B) Presumption of hardships. If petitioner and
2        respondent each has the right to occupancy of a
3        residence or household, the court shall balance (i) the
4        hardships to respondent and any minor child or
5        dependent adult in respondent's care resulting from
6        entry of this remedy with (ii) the hardships to
7        petitioner and any minor child or dependent adult in
8        petitioner's care resulting from continued exposure to
9        the risk of abuse (should petitioner remain at the
10        residence or household) or from loss of possession of
11        the residence or household (should petitioner leave to
12        avoid the risk of abuse). When determining the balance
13        of hardships, the court shall also take into account
14        the accessibility of the residence or household.
15        Hardships need not be balanced if respondent does not
16        have a right to occupancy.
17            The balance of hardships is presumed to favor
18        possession by petitioner unless the presumption is
19        rebutted by a preponderance of the evidence, showing
20        that the hardships to respondent substantially
21        outweigh the hardships to petitioner and any minor
22        child or dependent adult in petitioner's care. The
23        court, on the request of petitioner or on its own
24        motion, may order respondent to provide suitable,
25        accessible, alternate housing for petitioner instead
26        of excluding respondent from a mutual residence or

 

 

HB3365 Enrolled- 30 -LRB097 08563 RLC 50992 b

1        household.
2        (3) Stay away order and additional prohibitions. Order
3    respondent to stay away from petitioner or any other person
4    protected by the order of protection, or prohibit
5    respondent from entering or remaining present at
6    petitioner's school, place of employment, or other
7    specified places at times when petitioner is present, or
8    both, if reasonable, given the balance of hardships.
9    Hardships need not be balanced for the court to enter a
10    stay away order or prohibit entry if respondent has no
11    right to enter the premises.
12        If an order of protection grants petitioner exclusive
13    possession of the residence, or prohibits respondent from
14    entering the residence, or orders respondent to stay away
15    from petitioner or other protected persons, then the court
16    may allow respondent access to the residence to remove
17    items of clothing and personal adornment used exclusively
18    by respondent, medications, and other items as the court
19    directs. The right to access shall be exercised on only one
20    occasion as the court directs and in the presence of an
21    agreed-upon adult third party or law enforcement officer.
22        (4) Counseling. Require or recommend the respondent to
23    undergo counseling for a specified duration with a social
24    worker, psychologist, clinical psychologist, psychiatrist,
25    family service agency, alcohol or substance abuse program,
26    mental health center guidance counselor, agency providing

 

 

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1    services to elders, program designed for domestic violence
2    abusers or any other guidance service the court deems
3    appropriate. The Court may order the respondent in any
4    intimate partner relationship to report to an Illinois
5    Department of Human Services protocol approved partner
6    abuse intervention program for an assessment and to follow
7    all recommended treatment.
8        (5) Physical care and possession of the minor child. In
9    order to protect the minor child from abuse, neglect, or
10    unwarranted separation from the person who has been the
11    minor child's primary caretaker, or to otherwise protect
12    the well-being of the minor child, the court may do either
13    or both of the following: (i) grant petitioner physical
14    care or possession of the minor child, or both, or (ii)
15    order respondent to return a minor child to, or not remove
16    a minor child from, the physical care of a parent or person
17    in loco parentis.
18        If a court finds, after a hearing, that respondent has
19    committed abuse (as defined in Section 103) of a minor
20    child, there shall be a rebuttable presumption that
21    awarding physical care to respondent would not be in the
22    minor child's best interest.
23        (6) Temporary legal custody. Award temporary legal
24    custody to petitioner in accordance with this Section, the
25    Illinois Marriage and Dissolution of Marriage Act, the
26    Illinois Parentage Act of 1984, and this State's Uniform

 

 

HB3365 Enrolled- 32 -LRB097 08563 RLC 50992 b

1    Child-Custody Jurisdiction and Enforcement Act.
2        If a court finds, after a hearing, that respondent has
3    committed abuse (as defined in Section 103) of a minor
4    child, there shall be a rebuttable presumption that
5    awarding temporary legal custody to respondent would not be
6    in the child's best interest.
7        (7) Visitation. Determine the visitation rights, if
8    any, of respondent in any case in which the court awards
9    physical care or temporary legal custody of a minor child
10    to petitioner. The court shall restrict or deny
11    respondent's visitation with a minor child if the court
12    finds that respondent has done or is likely to do any of
13    the following: (i) abuse or endanger the minor child during
14    visitation; (ii) use the visitation as an opportunity to
15    abuse or harass petitioner or petitioner's family or
16    household members; (iii) improperly conceal or detain the
17    minor child; or (iv) otherwise act in a manner that is not
18    in the best interests of the minor child. The court shall
19    not be limited by the standards set forth in Section 607.1
20    of the Illinois Marriage and Dissolution of Marriage Act.
21    If the court grants visitation, the order shall specify
22    dates and times for the visitation to take place or other
23    specific parameters or conditions that are appropriate. No
24    order for visitation shall refer merely to the term
25    "reasonable visitation".
26        Petitioner may deny respondent access to the minor

 

 

HB3365 Enrolled- 33 -LRB097 08563 RLC 50992 b

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

 

 

HB3365 Enrolled- 34 -LRB097 08563 RLC 50992 b

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

 

 

HB3365 Enrolled- 35 -LRB097 08563 RLC 50992 b

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

 

 

HB3365 Enrolled- 36 -LRB097 08563 RLC 50992 b

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

 

 

HB3365 Enrolled- 37 -LRB097 08563 RLC 50992 b

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

 

 

HB3365 Enrolled- 38 -LRB097 08563 RLC 50992 b

1            attempted use, or threatened use of physical force
2            against such intimate partner or child that would
3            reasonably be expected to cause bodily injury.
4        Any When a complaint is made under a request for an
5        order of protection, that the respondent has
6        threatened or is likely to use firearms illegally
7        against the petitioner, the court shall examine on oath
8        the petitioner, and any witnesses who may be produced.
9        If the court is satisfied that there is any danger of
10        the illegal use of firearms, and the respondent is
11        present in court, it shall issue an order that any
12        firearms and any Firearm Owner's Identification Card
13        in the possession of the respondent, except as provided
14        in subsection (b), shall be ordered by the court to be
15        turned over to the local law enforcement agency for
16        safekeeping. The If the court is satisfied that there
17        is any danger of the illegal use of firearms, and if
18        the respondent is not present in court, the court shall
19        issue a warrant for seizure of any firearm and Firearm
20        Owner's Identification Card in the possession of the
21        respondent, to be kept by the local law enforcement
22        agency for safekeeping, except as provided in
23        subsection (b). The period of safekeeping shall be for
24        the duration of the order of protection a stated period
25        of time not to exceed 2 years. The firearm or firearms
26        and Firearm Owner's Identification Card shall be

 

 

HB3365 Enrolled- 39 -LRB097 08563 RLC 50992 b

1        returned to the respondent at the end of the stated
2        period or at expiration of the order of protection,
3        whichever is sooner.
4            (b) If the respondent is a peace officer as defined
5        in Section 2-13 of the Criminal Code of 1961, the court
6        shall order that any firearms used by the respondent in
7        the performance of his or her duties as a peace officer
8        be surrendered to the chief law enforcement executive
9        of the agency in which the respondent is employed, who
10        shall retain the firearms for safekeeping for the
11        duration of the order of protection stated period not
12        to exceed 2 years as set forth in the court order.
13            (c) Upon expiration of the period of safekeeping,
14        if the firearms or Firearm Owner's Identification Card
15        cannot be returned to respondent because respondent
16        cannot be located, fails to respond to requests to
17        retrieve the firearms, or is not lawfully eligible to
18        possess a firearm, upon petition from the local law
19        enforcement agency, the court may order the local law
20        enforcement agency to destroy the firearms, use the
21        firearms for training purposes, or for any other
22        application as deemed appropriate by the local law
23        enforcement agency; or that the firearms be turned over
24        to a third party who is lawfully eligible to possess
25        firearms, and who does not reside with respondent.
26        (15) Prohibition of access to records. If an order of

 

 

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

 

 

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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 of
11        petitioner's or respondent's family or household; and
12            (ii) the danger that any minor child will be abused
13        or neglected or improperly removed from the
14        jurisdiction, improperly concealed within the State or
15        improperly separated from the child's primary
16        caretaker.
17        (2) In comparing relative hardships resulting to the
18    parties from loss of possession of the family home, the
19    court shall consider relevant factors, including but not
20    limited to the following:
21            (i) availability, accessibility, cost, safety,
22        adequacy, location and other characteristics of
23        alternate housing for each party and any minor child or
24        dependent adult in the party's care;
25            (ii) the effect on the party's employment; and
26            (iii) the effect on the relationship of the party,

 

 

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

 

 

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1    examination of petitioner that the averments are
2    sufficient to indicate abuse by respondent and to support
3    the granting of relief under the issuance of the emergency
4    order of protection.
5        (5) Never married parties. No rights or
6    responsibilities for a minor child born outside of marriage
7    attach to a putative father until a father and child
8    relationship has been established under the Illinois
9    Parentage Act of 1984, the Illinois Public Aid Code,
10    Section 12 of the Vital Records Act, the Juvenile Court Act
11    of 1987, the Probate Act of 1985, the Revised Uniform
12    Reciprocal Enforcement of Support Act, the Uniform
13    Interstate Family Support Act, the Expedited Child Support
14    Act of 1990, any judicial, administrative, or other act of
15    another state or territory, any other Illinois statute, or
16    by any foreign nation establishing the father and child
17    relationship, any other proceeding substantially in
18    conformity with the Personal Responsibility and Work
19    Opportunity Reconciliation Act of 1996 (Pub. L. 104-193),
20    or where both parties appeared in open court or at an
21    administrative hearing acknowledging under oath or
22    admitting by affirmation the existence of a father and
23    child relationship. Absent such an adjudication, finding,
24    or acknowledgement, no putative father shall be granted
25    temporary custody of the minor child, visitation with the
26    minor child, or physical care and possession of the minor

 

 

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1    child, nor shall an order of payment for support of the
2    minor child be entered.
3    (d) Balance of hardships; findings. If the court finds that
4the balance of hardships does not support the granting of a
5remedy governed by paragraph (2), (3), (10), (11), or (16) of
6subsection (b) of this Section, which may require such
7balancing, the court's findings shall so indicate and shall
8include a finding as to whether granting the remedy will result
9in hardship to respondent that would substantially outweigh the
10hardship to petitioner from denial of the remedy. The findings
11shall be an official record or in writing.
12    (e) Denial of remedies. Denial of any remedy shall not be
13based, in whole or in part, on evidence that:
14        (1) Respondent has cause for any use of force, unless
15    that cause satisfies the standards for justifiable use of
16    force provided by Article VII of the Criminal Code of 1961;
17        (2) Respondent was voluntarily intoxicated;
18        (3) Petitioner acted in self-defense or defense of
19    another, provided that, if petitioner utilized force, such
20    force was justifiable under Article VII of the Criminal
21    Code of 1961;
22        (4) Petitioner did not act in self-defense or defense
23    of another;
24        (5) Petitioner left the residence or household to avoid
25    further abuse, neglect, or exploitation by respondent;
26        (6) Petitioner did not leave the residence or household

 

 

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1    to avoid further abuse, neglect, or exploitation by
2    respondent;
3        (7) Conduct by any family or household member excused
4    the abuse, neglect, or exploitation by respondent, unless
5    that same conduct would have excused such abuse, neglect,
6    or exploitation if the parties had not been family or
7    household members.
8(Source: P.A. 95-234, eff. 1-1-08; 95-773, eff. 1-1-09; 96-701,
9eff. 1-1-10; 96-1239, eff. 1-1-11.)