Illinois General Assembly - Full Text of HB4144
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Full Text of HB4144  103rd General Assembly

HB4144enr 103RD GENERAL ASSEMBLY

 


 
HB4144 EnrolledLRB103 34131 LNS 63949 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. References to Act. This Act may be referred to
5as Karina's Law.
 
6    Section 5. 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. Domestic violence order of protection;
10remedies.
11    (a) (Blank).
12    (b) The court may order any of the remedies listed in this
13subsection (b). The remedies listed in this subsection (b)
14shall be in addition to other civil or criminal remedies
15available to petitioner.
16        (1) Prohibition of abuse. Prohibit respondent's
17    harassment, interference with personal liberty,
18    intimidation of a dependent, physical abuse, or willful
19    deprivation, as defined in this Article, if such abuse has
20    occurred or otherwise appears likely to occur if not
21    prohibited.
22        (2) Grant of exclusive possession of residence.

 

 

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1    Prohibit respondent from entering or remaining in any
2    residence, household, or premises of the petitioner,
3    including one owned or leased by respondent, if petitioner
4    has a right to occupancy thereof. The grant of exclusive
5    possession of the residence, household, or premises shall
6    not affect title to real property, nor shall the court be
7    limited by the standard set forth in subsection (c-2) of
8    Section 501 of the Illinois Marriage and Dissolution of
9    Marriage Act.
10            (A) Right to occupancy. A party has a right to
11        occupancy of a residence or household if it is solely
12        or jointly owned or leased by that party, that party's
13        spouse, a person with a legal duty to support that
14        party or a minor child in that party's care, or by any
15        person or entity other than the opposing party that
16        authorizes that party's occupancy (e.g., a domestic
17        violence shelter). Standards set forth in subparagraph
18        (B) shall not preclude equitable relief.
19            (B) Presumption of hardships. If petitioner and
20        respondent each has the right to occupancy of a
21        residence or household, the court shall balance (i)
22        the hardships to respondent and any minor child or
23        dependent adult in respondent's care resulting from
24        entry of this remedy with (ii) the hardships to
25        petitioner and any minor child or dependent adult in
26        petitioner's care resulting from continued exposure to

 

 

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1        the risk of abuse (should petitioner remain at the
2        residence or household) or from loss of possession of
3        the residence or household (should petitioner leave to
4        avoid the risk of abuse). When determining the balance
5        of hardships, the court shall also take into account
6        the accessibility of the residence or household.
7        Hardships need not be balanced if respondent does not
8        have a right to occupancy.
9            The balance of hardships is presumed to favor
10        possession by petitioner unless the presumption is
11        rebutted by a preponderance of the evidence, showing
12        that the hardships to respondent substantially
13        outweigh the hardships to petitioner and any minor
14        child or dependent adult in petitioner's care. The
15        court, on the request of petitioner or on its own
16        motion, may order respondent to provide suitable,
17        accessible, alternate housing for petitioner instead
18        of excluding respondent from a mutual residence or
19        household.
20        (3) Stay away order and additional prohibitions. Order
21    respondent to stay away from petitioner or any other
22    person protected by the domestic violence order of
23    protection, or prohibit respondent from entering or
24    remaining present at petitioner's school, place of
25    employment, or other specified places at times when
26    petitioner is present, or both, if reasonable, given the

 

 

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1    balance of hardships. Hardships need not be balanced for
2    the court to enter a stay away order or prohibit entry if
3    respondent has no right to enter the premises.
4            (A) If a domestic violence order of protection
5        grants petitioner exclusive possession of the
6        residence, prohibits respondent from entering the
7        residence, or orders respondent to stay away from
8        petitioner or other protected persons, then the court
9        may allow respondent access to the residence to remove
10        items of clothing and personal adornment used
11        exclusively by respondent, medications, and other
12        items as the court directs. The right to access shall
13        be exercised on only one occasion as the court directs
14        and in the presence of an agreed-upon adult third
15        party or law enforcement officer.
16            (B) When the petitioner and the respondent attend
17        the same public, private, or non-public elementary,
18        middle, or high school, the court when issuing a
19        domestic violence order of protection and providing
20        relief shall consider the severity of the act, any
21        continuing physical danger or emotional distress to
22        the petitioner, the educational rights guaranteed to
23        the petitioner and respondent under federal and State
24        law, the availability of a transfer of the respondent
25        to another school, a change of placement or a change of
26        program of the respondent, the expense, difficulty,

 

 

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

 

 

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1        When a court orders a respondent to stay away from the
2        public, private, or non-public school attended by the
3        petitioner and the respondent requests a transfer to
4        another attendance center within the respondent's
5        school district or private or non-public school, the
6        school district or private or non-public school shall
7        have sole discretion to determine the attendance
8        center to which the respondent is transferred. If the
9        court order results in a transfer of the minor
10        respondent to another attendance center, a change in
11        the respondent's placement, or a change of the
12        respondent's program, the parents, guardian, or legal
13        custodian of the respondent is responsible for
14        transportation and other costs associated with the
15        transfer or change.
16            (C) The court may order the parents, guardian, or
17        legal custodian of a minor respondent to take certain
18        actions or to refrain from taking certain actions to
19        ensure that the respondent complies with the order. If
20        the court orders a transfer of the respondent to
21        another school, the parents, guardian, or legal
22        custodian of the respondent is responsible for
23        transportation and other costs associated with the
24        change of school by the respondent.
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,
2    psychiatrist, family service agency, alcohol or substance
3    abuse program, mental health center guidance counselor,
4    agency providing services to elders, program designed for
5    domestic violence abusers, or any other guidance service
6    the court deems appropriate. The court may order the
7    respondent in any intimate partner relationship to report
8    to an Illinois Department of Human Services protocol
9    approved partner abuse intervention program for an
10    assessment and to follow all recommended treatment.
11        (5) Physical care and possession of the minor child.
12    In order to protect the minor child from abuse, neglect,
13    or 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 the respondent is charged with abuse (as defined in
22    Section 112A-3 of this Code) of a minor child, there shall
23    be a rebuttable presumption that awarding physical care to
24    respondent would not be in the minor child's best
25    interest.
26        (6) Temporary allocation of parental responsibilities

 

 

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1    and significant decision-making responsibilities. Award
2    temporary significant decision-making responsibility to
3    petitioner in accordance with this Section, the Illinois
4    Marriage and Dissolution of Marriage Act, the Illinois
5    Parentage Act of 2015, and this State's Uniform
6    Child-Custody Jurisdiction and Enforcement Act.
7        If the respondent is charged with abuse (as defined in
8    Section 112A-3 of this Code) of a minor child, there shall
9    be a rebuttable presumption that awarding temporary
10    significant decision-making responsibility to respondent
11    would not be in the child's best interest.
12        (7) Parenting time. Determine the parenting time, if
13    any, of respondent in any case in which the court awards
14    physical care or temporary significant decision-making
15    responsibility of a minor child to petitioner. The court
16    shall restrict or deny respondent's parenting time with a
17    minor child if the court finds that respondent has done or
18    is likely to do any of the following:
19            (i) abuse or endanger the minor child during
20        parenting time;
21            (ii) use the parenting time as an opportunity to
22        abuse or harass petitioner or petitioner's family or
23        household members;
24            (iii) improperly conceal or detain the minor
25        child; or
26            (iv) otherwise act in a manner that is not in the

 

 

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1        best interests of the minor child.
2        The court shall not be limited by the standards set
3    forth in Section 603.10 of the Illinois Marriage and
4    Dissolution of Marriage Act. If the court grants parenting
5    time, the order shall specify dates and times for the
6    parenting time to take place or other specific parameters
7    or conditions that are appropriate. No order for parenting
8    time shall refer merely to the term "reasonable parenting
9    time". Petitioner may deny respondent access to the minor
10    child if, when respondent arrives for parenting time,
11    respondent is under the influence of drugs or alcohol and
12    constitutes a threat to the safety and well-being of
13    petitioner or petitioner's minor children or is behaving
14    in a violent or abusive manner. If necessary to protect
15    any member of petitioner's family or household from future
16    abuse, respondent shall be prohibited from coming to
17    petitioner's residence to meet the minor child for
18    parenting time, and the petitioner and respondent shall
19    submit to the court their recommendations for reasonable
20    alternative arrangements for parenting time. A person may
21    be approved to supervise parenting time only after filing
22    an affidavit accepting that responsibility and
23    acknowledging accountability to the court.
24        (8) Removal or concealment of minor child. Prohibit
25    respondent from removing a minor child from the State or
26    concealing the child within the State.

 

 

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1        (9) Order to appear. Order the respondent to appear in
2    court, alone or with a minor child, to prevent abuse,
3    neglect, removal or concealment of the child, to return
4    the child to the custody or care of the petitioner, or to
5    permit any court-ordered interview or examination of the
6    child or the respondent.
7        (10) Possession of personal property. Grant petitioner
8    exclusive possession of personal property and, if
9    respondent has possession or control, direct respondent to
10    promptly make it available to petitioner, if:
11            (i) petitioner, but not respondent, owns the
12        property; or
13            (ii) the petitioner and respondent own the
14        property jointly; sharing it would risk abuse of
15        petitioner by respondent or is impracticable; and the
16        balance of hardships favors temporary possession by
17        petitioner.
18        If petitioner's sole claim to ownership of the
19    property is that it is marital property, the court may
20    award petitioner temporary possession thereof under the
21    standards of subparagraph (ii) of this paragraph only if a
22    proper proceeding has been filed under the Illinois
23    Marriage and Dissolution of Marriage Act, as now or
24    hereafter amended.
25        No order under this provision shall affect title to
26    property.

 

 

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1        (11) Protection of property. Forbid the respondent
2    from taking, transferring, encumbering, concealing,
3    damaging, or otherwise disposing of any real or personal
4    property, except as explicitly authorized by the court,
5    if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the petitioner and respondent own the
9        property jointly, and the balance of hardships favors
10        granting this remedy.
11        If petitioner's sole claim to ownership of the
12    property is that it is marital property, the court may
13    grant petitioner relief under subparagraph (ii) of this
14    paragraph only if a proper proceeding has been filed under
15    the Illinois Marriage and Dissolution of Marriage Act, as
16    now or hereafter amended.
17        The court may further prohibit respondent from
18    improperly using the financial or other resources of an
19    aged member of the family or household for the profit or
20    advantage of respondent or of any other person.
21        (11.5) Protection of animals. Grant the petitioner the
22    exclusive care, custody, or control of any animal owned,
23    possessed, leased, kept, or held by either the petitioner
24    or the respondent or a minor child residing in the
25    residence or household of either the petitioner or the
26    respondent and order the respondent to stay away from the

 

 

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1    animal and forbid the respondent from taking,
2    transferring, encumbering, concealing, harming, or
3    otherwise disposing of the animal.
4        (12) Order for payment of support. Order respondent to
5    pay temporary support for the petitioner or any child in
6    the petitioner's care or over whom the petitioner has been
7    allocated parental responsibility, when the respondent has
8    a legal obligation to support that person, in accordance
9    with the Illinois Marriage and Dissolution of Marriage
10    Act, which shall govern, among other matters, the amount
11    of support, payment through the clerk and withholding of
12    income to secure payment. An order for child support may
13    be granted to a petitioner with lawful physical care of a
14    child, or an order or agreement for physical care of a
15    child, prior to entry of an order allocating significant
16    decision-making responsibility. Such a support order shall
17    expire upon entry of a valid order allocating parental
18    responsibility differently and vacating petitioner's
19    significant decision-making responsibility unless
20    otherwise provided in the order.
21        (13) Order for payment of losses. Order respondent to
22    pay petitioner for losses suffered as a direct result of
23    the abuse. Such losses shall include, but not be limited
24    to, medical expenses, lost earnings or other support,
25    repair or replacement of property damaged or taken,
26    reasonable attorney's fees, court costs, and moving or

 

 

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1    other travel expenses, including additional reasonable
2    expenses for temporary shelter and restaurant meals.
3            (i) Losses affecting family needs. If a party is
4        entitled to seek maintenance, child support, or
5        property distribution from the other party under the
6        Illinois Marriage and Dissolution of Marriage Act, as
7        now or hereafter amended, the court may order
8        respondent to reimburse petitioner's actual losses, to
9        the extent that such reimbursement would be
10        "appropriate temporary relief", as authorized by
11        subsection (a)(3) of Section 501 of that Act.
12            (ii) Recovery of expenses. In the case of an
13        improper concealment or removal of a minor child, the
14        court may order respondent to pay the reasonable
15        expenses incurred or to be incurred in the search for
16        and recovery of the minor child, including, but not
17        limited to, legal fees, court costs, private
18        investigator fees, and travel costs.
19        (14) Prohibition of entry. Prohibit the respondent
20    from entering or remaining in the residence or household
21    while the respondent is under the influence of alcohol or
22    drugs and constitutes a threat to the safety and
23    well-being of the petitioner or the petitioner's children.
24        (14.5) Prohibition of possession of firearms and
25    firearm parts; search and seizure of firearms and firearm
26    parts firearm possession.

 

 

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1            (A) Subject to the provisions of subparagraph
2        (B-2), if applicable, a A person who is subject to an
3        existing domestic violence order of protection issued
4        under this Code may not lawfully possess firearms or
5        firearm parts that could be assembled to make an
6        operable firearm weapons or a Firearm Owner's
7        Identification Card under Section 8.2 of the Firearm
8        Owners Identification Card Act.
9            (B) Any firearms in the possession of the
10        respondent, except as provided in subparagraph (C) of
11        this paragraph (14.5) and subject to the provisions of
12        subparagraph (B-2), if applicable, shall be ordered by
13        the court to be surrendered to law enforcement turned
14        over to a person with a valid Firearm Owner's
15        Identification Card for safekeeping. Any firearms or
16        firearm parts on the respondent's person or at the
17        place of service shall be immediately surrendered to
18        the serving officers at the time of service of the
19        order of protection, and any other firearms or firearm
20        parts shall be surrendered to local law enforcement
21        within 24 hours of service of the order of protection.
22        Any Firearm Owner's Identification Card or Concealed
23        Carry License in the possession of the respondent,
24        except as provided in subparagraph (C), shall also be
25        ordered by the court to be turned over to serving
26        officers at the time of service of the order of

 

 

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1        protection or, if not on the respondent's person or at
2        the location where the respondent is served at the
3        time of service, to local law enforcement within 24
4        hours of service of the order. The law enforcement
5        agency shall immediately mail the card, as well as any
6        license, to the Illinois State Police Firearm Owner's
7        Identification Card Office for safekeeping. The court
8        shall issue an order that the respondent comply with
9        Section 9.5 of the Firearm Owners Identification Card
10        Act.
11            (B-1) Upon request of the petitioner or the
12        State's Attorney on behalf of the petitioner, a law
13        enforcement officer may seek a search warrant based on
14        the allegations in the petition for the Order of
15        Protection.
16                (i) If requested by law enforcement, the court
17            shall issue a search warrant for the seizure of
18            any firearms or firearm parts that could be
19            assembled to make an operable firearm belonging to
20            the respondent at or after entry of an order of
21            protection if the court, based upon sworn
22            testimony and governed by Sections 108-3 and
23            108-4, finds probable cause exists that:
24                    (aa) the respondent poses an immediate and
25                present credible threat to the physical safety
26                of the petitioner protected by the order of

 

 

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1                protection;
2                    (bb) the respondent possesses firearms or
3                firearm parts that could be assembled to make
4                an operable firearm; and
5                    (cc) the firearms or firearm parts that
6                could be assembled to make an operable firearm
7                are located at the residence, vehicle, or
8                other property of the respondent to be
9                searched.
10                (ii) The search warrant shall specify with
11            particularity the scope of the search, including
12            the property to be searched, and shall direct the
13            law enforcement agency to seize the respondent's
14            firearms and firearm parts that could be assembled
15            to make an operable firearm. Law enforcement shall
16            also be directed to seize into their possession
17            any Firearm Owner's Identification Card and any
18            Concealed Carry License belonging to the
19            respondent.
20                (iii) The law enforcement agency to which the
21            court has directed the warrant shall execute the
22            warrant no later than 96 hours after issuance. The
23            law enforcement agency to which the court has
24            directed the warrant may coordinate with other law
25            enforcement agencies to execute the warrant. A
26            return of the warrant shall be filed by the law

 

 

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1            enforcement agency within 24 hours of execution,
2            setting forth the time, date, and location where
3            the warrant was executed and what items, if any,
4            were seized. If the court is not in session, the
5            return information shall be returned on the next
6            date the court is in session. Subject to the
7            provisions of this Section, peace officers shall
8            have the same authority to execute a warrant
9            issued under this subsection as a warrant issued
10            under Article 108.
11                (iv) If the property to be searched is in
12            another county, the petitioner or the State's
13            Attorney may seek a search warrant in that county
14            with the law enforcement agency with primary
15            responsibility for responding to service calls at
16            the property to be searched. Regardless of whether
17            the petitioner is working with the State's
18            Attorney under subsection (d) of Section 112A-4.5,
19            the petitioner may request the State's Attorney's
20            assistance to request that the law enforcement
21            agency in the county where the property is located
22            seek a search warrant.
23                (v) Service of an order of protection shall,
24            to the extent possible, be concurrent with any
25            warrant issued under this paragraph.
26            (B-2) Ex parte relief may be granted under this

 

 

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1        paragraph (14.5) only if the court finds that personal
2        injury to the petitioner is likely to occur if the
3        respondent received prior notice and if the petitioner
4        has otherwise satisfied the requirements of Section
5        112A-17.5 of this Article.
6            (C) If the respondent is a peace officer as
7        defined in Section 2-13 of the Criminal Code of 2012,
8        the court shall order that any firearms used by the
9        respondent in the performance of his or her duties as a
10        peace officer be surrendered to the chief law
11        enforcement executive of the agency in which the
12        respondent is employed, who shall retain the firearms
13        for safekeeping for the duration of the domestic
14        violence order of protection.
15            (D)(i) Any firearms or firearm parts that could be
16        assembled to make an operable firearm that have been
17        seized or surrendered shall be kept by the law
18        enforcement agency that took possession of the items
19        for safekeeping, except as provided in subparagraph
20        (C), (E), or (F). The period of safekeeping shall be
21        for the duration of the order of protection. Except as
22        provided in subparagraph (F), the respondent is
23        prohibited from transferring firearms or firearm parts
24        to another individual in lieu of surrender to law
25        enforcement. The law enforcement agency shall provide
26        an itemized statement of receipt to the respondent and

 

 

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1        the court describing any seized or surrendered
2        firearms or firearm parts and informing the respondent
3        that the respondent may seek the return of the
4        respondent's items at the end of the order of
5        protection. The law enforcement agency may enter
6        arrangements, as needed, with federally licensed
7        firearm dealers or other law enforcement agencies for
8        the storage of any firearms seized or surrendered
9        under this subsection.
10            (ii) It is the respondent's responsibility to
11        request the return or reinstatement of any Firearm
12        Owner's Identification Card or Concealed Carry License
13        and to notify the Illinois State Police Firearm
14        Owner's Identification Card Office at the end of the
15        Order of Protection.
16            (iii) At the end of the order of protection, a
17        respondent may request the return of any seized or
18        surrendered firearms or firearm parts that could be
19        assembled to make an operable firearm. Seized or
20        surrendered firearms or firearm parts shall be
21        returned within 14 days of the request to the
22        respondent, if the respondent is lawfully eligible to
23        possess firearms, or to a designated third party who
24        is lawfully eligible to possess firearms. If Upon
25        expiration of the period of safekeeping, if the
26        firearms or firearm parts or Firearm Owner's

 

 

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1        Identification Card cannot be returned to respondent
2        because (1) the respondent has not requested the
3        return or transfer of the firearms or firearm parts as
4        set forth in this subparagraph and (2) the respondent
5        cannot be located or , fails to respond to more than 3
6        requests to retrieve the firearms, or is not lawfully
7        eligible to possess a firearm, upon petition from the
8        appropriate local law enforcement agency and notice to
9        the respondent at the respondent's last known address,
10        the court may order the local law enforcement agency
11        to destroy the firearms or firearm parts; , use the
12        firearms or firearm parts for training purposes, or
13        for any other application as deemed appropriate by the
14        local law enforcement agency; or turn that the
15        firearms be turned over the firearms or firearm parts
16        to a third party who is lawfully eligible to possess
17        firearms, and who does not reside with respondent.
18            (E)(i) If a person other than the respondent
19        claims title to any firearms or firearm parts that
20        could be assembled to make an operable firearm seized
21        or surrendered under this subsection, the person may
22        petition the court to have the firearm and firearm
23        parts that could be assembled to make an operable
24        firearm returned to him or her with proper notice to
25        the petitioner and respondent. If, at a hearing on the
26        petition, the court determines the person to be the

 

 

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1        lawful owner of the firearm and firearm parts that
2        could be assembled to make an operable firearm, the
3        firearm and firearm parts that could be assembled to
4        make an operable firearm shall be returned to the
5        person, provided that:
6                (aa) the firearm and firearm parts that could
7            be assembled to make an operable firearm are
8            removed from the respondent's custody, control, or
9            possession, and the lawful owner agrees to store
10            the firearm and firearm parts that could be
11            assembled to make an operable firearm in a manner
12            such that the respondent does not have access to
13            or control of the firearm and firearm parts that
14            could be assembled to make an operable firearm;
15            and
16                (bb) the firearm and firearm parts that could
17            be assembled to make an operable firearm are not
18            otherwise unlawfully possessed by the owner.
19            (ii) The person petitioning for the return of his
20        or her firearm and firearm parts that could be
21        assembled to make an operable firearm must swear or
22        affirm by affidavit that he or she:
23                (aa) is the lawful owner of the firearm and
24            firearm parts that could be assembled to make an
25            operable firearm;
26                (bb) shall not transfer the firearm and

 

 

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1            firearm parts that could be assembled to make an
2            operable firearm to the respondent; and
3                (cc) will store the firearm and firearm parts
4            that could be assembled to make an operable
5            firearm in a manner that the respondent does not
6            have access to or control of the firearm and
7            firearm parts that could be assembled to make an
8            operable firearm.
9            (F)(i) The respondent may file a motion to
10        transfer, at the next scheduled hearing, any seized or
11        surrendered firearms or firearm parts to a third
12        party. Notice of the motion shall be provided to the
13        petitioner and the third party must appear at the
14        hearing.
15            (ii) The court may order transfer of the seized or
16        surrendered firearm or firearm parts only if:
17                (aa) the third party transferee affirms by
18            affidavit to the open court that:
19                    (I) the third party transferee does not
20                reside with the respondent;
21                    (II) the respondent does not have access
22                to the location in which the third party
23                transferee intends to keep the firearms or
24                firearm parts;
25                    (III) the third party transferee will not
26                transfer the firearm or firearm parts to the

 

 

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1                respondent or anyone who resides with the
2                respondent;
3                    (IV) the third party transferee will
4                maintain control and possession of the firearm
5                or firearm parts until otherwise ordered by
6                the court; and
7                    (V) the third party transferee will be
8                subject to criminal penalties for transferring
9                the firearms or firearm parts to the
10                respondent; and
11                (bb) the court finds that:
12                    (I) the respondent holds a valid Firearm
13                Owner's Identification; and
14                    (II) the transfer of firearms or firearm
15                parts to the third party transferee does not
16                place the petitioner or any other protected
17                parties at any additional threat or risk of
18                harm.
19        (15) Prohibition of access to records. If a domestic
20    violence order of protection prohibits respondent from
21    having contact with the minor child, or if petitioner's
22    address is omitted under subsection (b) of Section 112A-5
23    of this Code, or if necessary to prevent abuse or wrongful
24    removal or concealment of a minor child, the order shall
25    deny respondent access to, and prohibit respondent from
26    inspecting, obtaining, or attempting to inspect or obtain,

 

 

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1    school or any other records of the minor child who is in
2    the care of petitioner.
3        (16) Order for payment of shelter services. Order
4    respondent to reimburse a shelter providing temporary
5    housing and counseling services to the petitioner for the
6    cost of the services, as certified by the shelter and
7    deemed reasonable by the court.
8        (17) Order for injunctive relief. Enter injunctive
9    relief necessary or appropriate to prevent further abuse
10    of a family or household member or to effectuate one of the
11    granted remedies, if supported by the balance of
12    hardships. If the harm to be prevented by the injunction
13    is abuse or any other harm that one of the remedies listed
14    in paragraphs (1) through (16) of this subsection is
15    designed to prevent, no further evidence is necessary to
16    establish that the harm is an irreparable injury.
17        (18) Telephone services.
18            (A) Unless a condition described in subparagraph
19        (B) of this paragraph exists, the court may, upon
20        request by the petitioner, order a wireless telephone
21        service provider to transfer to the petitioner the
22        right to continue to use a telephone number or numbers
23        indicated by the petitioner and the financial
24        responsibility associated with the number or numbers,
25        as set forth in subparagraph (C) of this paragraph. In
26        this paragraph (18), the term "wireless telephone

 

 

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1        service provider" means a provider of commercial
2        mobile service as defined in 47 U.S.C. 332. The
3        petitioner may request the transfer of each telephone
4        number that the petitioner, or a minor child in his or
5        her custody, uses. The clerk of the court shall serve
6        the order on the wireless telephone service provider's
7        agent for service of process provided to the Illinois
8        Commerce Commission. The order shall contain all of
9        the following:
10                (i) The name and billing telephone number of
11            the account holder including the name of the
12            wireless telephone service provider that serves
13            the account.
14                (ii) Each telephone number that will be
15            transferred.
16                (iii) A statement that the provider transfers
17            to the petitioner all financial responsibility for
18            and right to the use of any telephone number
19            transferred under this paragraph.
20            (B) A wireless telephone service provider shall
21        terminate the respondent's use of, and shall transfer
22        to the petitioner use of, the telephone number or
23        numbers indicated in subparagraph (A) of this
24        paragraph unless it notifies the petitioner, within 72
25        hours after it receives the order, that one of the
26        following applies:

 

 

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1                (i) The account holder named in the order has
2            terminated the account.
3                (ii) A difference in network technology would
4            prevent or impair the functionality of a device on
5            a network if the transfer occurs.
6                (iii) The transfer would cause a geographic or
7            other limitation on network or service provision
8            to the petitioner.
9                (iv) Another technological or operational
10            issue would prevent or impair the use of the
11            telephone number if the transfer occurs.
12            (C) The petitioner assumes all financial
13        responsibility for and right to the use of any
14        telephone number transferred under this paragraph. In
15        this paragraph, "financial responsibility" includes
16        monthly service costs and costs associated with any
17        mobile device associated with the number.
18            (D) A wireless telephone service provider may
19        apply to the petitioner its routine and customary
20        requirements for establishing an account or
21        transferring a number, including requiring the
22        petitioner to provide proof of identification,
23        financial information, and customer preferences.
24            (E) Except for willful or wanton misconduct, a
25        wireless telephone service provider is immune from
26        civil liability for its actions taken in compliance

 

 

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

 

 

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1        any member of petitioner's or respondent's family or
2        household; and
3            (ii) the danger that any minor child will be
4        abused or neglected or improperly relocated from the
5        jurisdiction, improperly concealed within the State,
6        or improperly separated from the child's primary
7        caretaker.
8        (2) In comparing relative hardships resulting to the
9    parties from loss of possession of the family home, the
10    court shall consider relevant factors, including, but not
11    limited to, the following:
12            (i) availability, accessibility, cost, safety,
13        adequacy, location, and other characteristics of
14        alternate housing for each party and any minor child
15        or dependent adult in the party's care;
16            (ii) the effect on the party's employment; and
17            (iii) the effect on the relationship of the party,
18        and any minor child or dependent adult in the party's
19        care, to family, school, church, and community.
20        (3) Subject to the exceptions set forth in paragraph
21    (4) of this subsection (c), the court shall make its
22    findings in an official record or in writing, and shall at
23    a minimum set forth the following:
24            (i) That the court has considered the applicable
25        relevant factors described in paragraphs (1) and (2)
26        of this subsection (c).

 

 

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1            (ii) Whether the conduct or actions of respondent,
2        unless prohibited, will likely cause irreparable harm
3        or continued abuse.
4            (iii) Whether it is necessary to grant the
5        requested relief in order to protect petitioner or
6        other alleged abused persons.
7        (4) (Blank).
8        (5) Never married parties. No rights or
9    responsibilities for a minor child born outside of
10    marriage attach to a putative father until a father and
11    child relationship has been established under the Illinois
12    Parentage Act of 1984, the Illinois Parentage Act of 2015,
13    the Illinois Public Aid Code, Section 12 of the Vital
14    Records Act, the Juvenile Court Act of 1987, the Probate
15    Act of 1975, the Uniform Interstate Family Support Act,
16    the Expedited Child Support Act of 1990, any judicial,
17    administrative, or other act of another state or
18    territory, any other statute of this State, or by any
19    foreign nation establishing the father and child
20    relationship, any other proceeding substantially in
21    conformity with the federal Personal Responsibility and
22    Work Opportunity Reconciliation Act of 1996, or when both
23    parties appeared in open court or at an administrative
24    hearing acknowledging under oath or admitting by
25    affirmation the existence of a father and child
26    relationship. Absent such an adjudication, no putative

 

 

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

 

 

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1        (5) petitioner left the residence or household to
2    avoid further abuse by respondent;
3        (6) petitioner did not leave the residence or
4    household to avoid further abuse by respondent; or
5        (7) conduct by any family or household member excused
6    the abuse by respondent, unless that same conduct would
7    have excused such abuse if the parties had not been family
8    or household members.
9(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
10102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
11    Section 10. The Illinois Domestic Violence Act of 1986 is
12amended by changing Sections 214, 222, and 305 as follows:
 
13    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
14    Sec. 214. Order of protection; remedies.
15    (a) Issuance of order. If the court finds that petitioner
16has been abused by a family or household member or that
17petitioner is a high-risk adult who has been abused,
18neglected, or exploited, as defined in this Act, an order of
19protection prohibiting the abuse, neglect, or exploitation
20shall issue; provided that petitioner must also satisfy the
21requirements of one of the following Sections, as appropriate:
22Section 217 on emergency orders, Section 218 on interim
23orders, or Section 219 on plenary orders. Petitioner shall not
24be denied an order of protection because petitioner or

 

 

HB4144 Enrolled- 32 -LRB103 34131 LNS 63949 b

1respondent is a minor. The court, when determining whether or
2not to issue an order of protection, shall not require
3physical manifestations of abuse on the person of the victim.
4Modification and extension of prior orders of protection shall
5be in accordance with this Act.
6    (b) Remedies and standards. The remedies to be included in
7an order of protection shall be determined in accordance with
8this Section and one of the following Sections, as
9appropriate: Section 217 on emergency orders, Section 218 on
10interim orders, and Section 219 on plenary orders. The
11remedies listed in this subsection shall be in addition to
12other civil or criminal remedies available to petitioner.
13        (1) Prohibition of abuse, neglect, or exploitation.
14    Prohibit respondent's harassment, interference with
15    personal liberty, intimidation of a dependent, physical
16    abuse, or willful deprivation, neglect or exploitation, as
17    defined in this Act, or stalking of the petitioner, as
18    defined in Section 12-7.3 of the Criminal Code of 2012, if
19    such abuse, neglect, exploitation, or stalking has
20    occurred or otherwise appears likely to occur if not
21    prohibited.
22        (2) Grant of exclusive possession of residence.
23    Prohibit respondent from entering or remaining in any
24    residence, household, or premises of the petitioner,
25    including one owned or leased by respondent, if petitioner
26    has a right to occupancy thereof. The grant of exclusive

 

 

HB4144 Enrolled- 33 -LRB103 34131 LNS 63949 b

1    possession of the residence, household, or premises shall
2    not affect title to real property, nor shall the court be
3    limited by the standard set forth in subsection (c-2) of
4    Section 501 of the Illinois Marriage and Dissolution of
5    Marriage Act.
6            (A) Right to occupancy. A party has a right to
7        occupancy of a residence or household if it is solely
8        or jointly owned or leased by that party, that party's
9        spouse, a person with a legal duty to support that
10        party or a minor child in that party's care, or by any
11        person or entity other than the opposing party that
12        authorizes that party's occupancy (e.g., a domestic
13        violence shelter). Standards set forth in subparagraph
14        (B) shall not preclude equitable relief.
15            (B) Presumption of hardships. If petitioner and
16        respondent each has the right to occupancy of a
17        residence or household, the court shall balance (i)
18        the hardships to respondent and any minor child or
19        dependent adult in respondent's care resulting from
20        entry of this remedy with (ii) the hardships to
21        petitioner and any minor child or dependent adult in
22        petitioner's care resulting from continued exposure to
23        the risk of abuse (should petitioner remain at the
24        residence or household) or from loss of possession of
25        the residence or household (should petitioner leave to
26        avoid the risk of abuse). When determining the balance

 

 

HB4144 Enrolled- 34 -LRB103 34131 LNS 63949 b

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

 

 

HB4144 Enrolled- 35 -LRB103 34131 LNS 63949 b

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

 

 

HB4144 Enrolled- 36 -LRB103 34131 LNS 63949 b

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

 

 

HB4144 Enrolled- 37 -LRB103 34131 LNS 63949 b

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

 

 

HB4144 Enrolled- 38 -LRB103 34131 LNS 63949 b

1    domestic violence abusers or any other guidance service
2    the court deems appropriate. The Court may order the
3    respondent in any intimate partner relationship to report
4    to an Illinois Department of Human Services protocol
5    approved partner abuse intervention program for an
6    assessment and to follow all recommended treatment.
7        (5) Physical care and possession of the minor child.
8    In order to protect the minor child from abuse, neglect,
9    or unwarranted separation from the person who has been the
10    minor child's primary caretaker, or to otherwise protect
11    the well-being of the minor child, the court may do either
12    or both of the following: (i) grant petitioner physical
13    care or possession of the minor child, or both, or (ii)
14    order respondent to return a minor child to, or not remove
15    a minor child from, the physical care of a parent or person
16    in loco parentis.
17        If a court finds, after a hearing, that respondent has
18    committed abuse (as defined in Section 103) of a minor
19    child, there shall be a rebuttable presumption that
20    awarding physical care to respondent would not be in the
21    minor child's best interest.
22        (6) Temporary allocation of parental responsibilities:
23    significant decision-making. Award temporary
24    decision-making responsibility to petitioner in accordance
25    with this Section, the Illinois Marriage and Dissolution
26    of Marriage Act, the Illinois Parentage Act of 2015, and

 

 

HB4144 Enrolled- 39 -LRB103 34131 LNS 63949 b

1    this State's Uniform Child-Custody Jurisdiction and
2    Enforcement Act.
3        If a court finds, after a hearing, that respondent has
4    committed abuse (as defined in Section 103) of a minor
5    child, there shall be a rebuttable presumption that
6    awarding temporary significant decision-making
7    responsibility to respondent would not be in the child's
8    best interest.
9        (7) Parenting time. Determine the parenting time, if
10    any, of respondent in any case in which the court awards
11    physical care or allocates temporary significant
12    decision-making responsibility of a minor child to
13    petitioner. The court shall restrict or deny respondent's
14    parenting time with a minor child if the court finds that
15    respondent has done or is likely to do any of the
16    following: (i) abuse or endanger the minor child during
17    parenting time; (ii) use the parenting time as an
18    opportunity to abuse or harass petitioner or petitioner's
19    family or household members; (iii) improperly conceal or
20    detain the minor child; or (iv) otherwise act in a manner
21    that is not in the best interests of the minor child. The
22    court shall not be limited by the standards set forth in
23    Section 603.10 of the Illinois Marriage and Dissolution of
24    Marriage Act. If the court grants parenting time, the
25    order shall specify dates and times for the parenting time
26    to take place or other specific parameters or conditions

 

 

HB4144 Enrolled- 40 -LRB103 34131 LNS 63949 b

1    that are appropriate. No order for parenting time shall
2    refer merely to the term "reasonable parenting time".
3        Petitioner may deny respondent access to the minor
4    child if, when respondent arrives for parenting time,
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
8    in 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 parenting time, and the parties shall
13    submit to the court their recommendations for reasonable
14    alternative arrangements for parenting time. A person may
15    be approved to supervise parenting time only after filing
16    an affidavit accepting that responsibility and
17    acknowledging 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
24    the child to the custody or care of the petitioner or to
25    permit any court-ordered interview or examination of the
26    child or 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
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

 

 

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

 

 

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1    with the Illinois Marriage and Dissolution of Marriage
2    Act, which shall govern, among other matters, the amount
3    of support, payment through the clerk and withholding of
4    income to secure payment. An order for child support may
5    be granted to a petitioner with lawful physical care of a
6    child, or an order or agreement for physical care of a
7    child, prior to entry of an order allocating significant
8    decision-making responsibility. Such a support order shall
9    expire upon entry of a valid order allocating parental
10    responsibility differently and vacating the petitioner's
11    significant decision-making authority, unless otherwise
12    provided in the order.
13        (13) Order for payment of losses. Order respondent to
14    pay petitioner for losses suffered as a direct result of
15    the abuse, neglect, or exploitation. Such losses shall
16    include, but not be limited to, medical expenses, lost
17    earnings or other support, repair or replacement of
18    property damaged or taken, reasonable attorney's fees,
19    court costs and moving or other travel expenses, including
20    additional reasonable expenses for temporary shelter and
21    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

 

 

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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 possession of firearms and
18    firearm parts; search and seizure of firearms and firearms
19    parts firearm possession.
20            (A a)(i) Prohibit a respondent against whom an
21        emergency, interim, or plenary order of protection was
22        issued from possessing, during the duration of the
23        order, any firearms or firearm parts that could be
24        assembled into an operable firearm during the duration
25        of the order if a search warrant is issued under (A-1)
26        or the order:

 

 

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1                (aa 1) was issued after a hearing of which such
2            person received actual notice, and at which such
3            person had an opportunity to participate, or the
4            petitioner has satisfied the requirements of
5            Section 217;
6                (bb 2) restrains such person from using
7            physical force; harassing, stalking, or
8            threatening an intimate partner of such person or
9            child of such intimate partner or person; , or
10            engaging in other conduct that would place an
11            intimate partner in reasonable fear of bodily
12            injury to the partner or child; and
13                (cc 3)(i) includes a finding that such person
14            represents a credible threat to the physical
15            safety of such intimate partner or child; or (ii)
16            by its terms explicitly prohibits the use,
17            attempted use, or threatened use of physical force
18            against such intimate partner or child that would
19            reasonably be expected to cause bodily injury.
20            (ii) The court shall order any respondent
21        prohibited from possessing firearms under item (i) of
22        subparagraph (A) to surrender any firearms or firearm
23        parts that could be assembled to make an operable
24        firearm. Any firearms or firearm parts on the
25        respondent's person or at the place of service shall
26        be surrendered to the serving officers at the time of

 

 

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1        service of the order of protection, and any other
2        firearms or firearm parts shall be surrendered to
3        local law enforcement within 24 hours of service of
4        the order of protection. Any Firearm Owner's
5        Identification Card or Concealed Carry License in the
6        possession of the respondent, except as provided in
7        subparagraph (B) subsection (b), shall also be ordered
8        by the court to be turned over to the officer serving
9        the order of protection at the time of service or, if
10        not on the respondent's person or at the location
11        where the respondent is served at the time of service,
12        to local law enforcement within 24 hours of service of
13        the order of protection agency. The local law
14        enforcement agency shall immediately mail the card, as
15        well as any license, to the Illinois State Police
16        Firearm Owner's Identification Card Office for
17        safekeeping. The court shall issue a warrant for
18        seizure of any firearm in the possession of the
19        respondent, to be kept by the local law enforcement
20        agency for safekeeping, except as provided in
21        subsection (b). The period of safekeeping shall be for
22        the duration of the order of protection. The firearm
23        or firearms and Firearm Owner's Identification Card,
24        if unexpired, shall at the respondent's request, be
25        returned to the respondent at the end of the order of
26        protection. It is the respondent's responsibility to

 

 

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1        notify the Illinois State Police Firearm Owner's
2        Identification Card Office.
3            (A-1)(i) Upon issuance of an emergency, interim,
4        or plenary order of protection and subject to the
5        provisions of item (ii) of this subparagraph (A-1),
6        the court shall issue a search warrant for the seizure
7        of any firearms or firearm parts that could be
8        assembled to make an operable firearm belonging to the
9        respondent if the court, based upon sworn testimony,
10        finds that:
11                (aa) the respondent poses a credible threat to
12            the physical safety of the petitioner protected by
13            the order of protection; and
14                (bb) probable cause exists to believe that:
15                    (I) the respondent possesses firearms or
16                firearm parts that could be assembled to make
17                an operable firearm;
18                    (II) the firearms or firearm parts that
19                could be assembled to make an operable firearm
20                are located at the residence, vehicle, or
21                other property of the respondent to be
22                searched; and
23                    (III) the credible threat to the physical
24                safety of the petitioner protected by the
25                order of protection is immediate and present.
26            The record shall reflect the court's findings in

 

 

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1        determining whether the search warrant shall be
2        issued.
3            (ii) If the petitioner does not seek a warrant
4        under this subparagraph (A-1) or the court determines
5        that the requirements of this subparagraph (A-1) have
6        not been met, relief under subparagraph (A) alone may
7        be granted.
8            (iii) An ex parte search warrant shall be granted
9        under this subparagraph (A-1) only if the court finds
10        that:
11                (aa) the elements of item (i) of subparagraph
12            (A-1) have been met;
13                (bb) personal injury to the petitioner is
14            likely to occur if the respondent received prior
15            notice; and
16                (cc) the petitioner has otherwise satisfied
17            the requirements of Section 217 of this Act.
18            (iv) Oral testimony is sufficient in lieu of an
19        affidavit to support a finding of probable cause.
20            (v) A search warrant issued under this
21        subparagraph (A-1) shall be directed by the court for
22        enforcement to the law enforcement agency with primary
23        responsibility for responding to calls for service at
24        the location to be searched or to another appropriate
25        law enforcement agency if justified by the
26        circumstances. The search warrant shall specify with

 

 

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1        particularity the scope of the search, including the
2        property to be searched, and shall direct the law
3        enforcement agency to seize the respondent's firearms
4        and firearm parts that could be assembled to make an
5        operable firearm. Law enforcement shall also be
6        directed to seize any Firearm Owner's Identification
7        Card and any Concealed Carry License belonging to the
8        respondent.
9             (vi) The petitioner shall prepare an information
10        sheet, reviewed by the court, for law enforcement at
11        the time the warrant is granted. The information sheet
12        shall include:
13                (aa) contact information for the petitioner,
14            the petitioner's attorney, or both, including a
15            telephone number and email, if available;
16                (bb) a physical description of the respondent,
17            including the respondent's date of birth, if
18            known, or approximate age, height, weight, race,
19            and hair color;
20                (cc) days and times that the respondent is
21            likely to be at the property to be searched, if
22            known; and
23                (dd) whether people other than the respondent
24            are likely to be present at the property to be
25            searched and when, if known.
26            (vii) The information sheet shall be transmitted

 

 

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1        to the law enforcement agency to which the search
2        warrant is directed in the same manner as the warrant
3        is transmitted under Section 222 of this Act.
4            (viii) If the court, after determining a search
5        warrant should issue, finds that the petitioner has
6        made a credible report of domestic violence to the
7        local law enforcement agency within the previous 90
8        days, law enforcement shall execute the warrant no
9        later than 96 hours after receipt of the warrant. If
10        the court finds that petitioner has not made such a
11        report, the law enforcement agency to which the court
12        has directed the warrant shall, within 48 hours of
13        receipt, evaluate the warrant and seek any corrections
14        to the warrant, and, if applicable, add to or negate
15        the warrant. The record shall reflect the court's
16        findings in determining whether to correct, add, or
17        negate the warrant. If a change is made regarding the
18        search warrant, law enforcement shall execute the
19        warrant no later than 96 hours after the correction is
20        issued. The law enforcement agency shall notify the
21        petitioner of any changes to the warrant or if the
22        warrant has been negated. The law enforcement agency
23        to which the court has directed the warrant may
24        coordinate with other law enforcement agencies to
25        execute the warrant. A return of the warrant shall be
26        filed by the law enforcement agency within 24 hours of

 

 

HB4144 Enrolled- 51 -LRB103 34131 LNS 63949 b

1        execution, setting forth the time, date, and location
2        where the warrant was executed and what items, if any,
3        were seized. If the court is not in session, the return
4        information shall be returned on the next date the
5        court is in session. Subject to the provisions of this
6        Section, peace officers shall have the same authority
7        to execute a warrant issued pursuant to this
8        subsection as a warrant issued under Article 108 of
9        the Code of Criminal Procedure of 1963.
10            (ix) Upon discovering a defect in the search
11        warrant, the appropriate law enforcement agency may
12        petition the court to correct the warrant. The law
13        enforcement agency shall notify the petitioner of any
14        such correction.
15            (x) Upon petition by the appropriate law
16        enforcement agency, the court may modify the search
17        warrant or extend the time to execute the search
18        warrant for a period of no more than 96 hours. In
19        determining whether to modify or extend the warrant,
20        the court shall consider:
21                (aa) any increased risk to the petitioner's
22            safety that may result from a modification or
23            extension of the warrant;
24                (bb) any unnecessary risk to law enforcement
25            that would be mitigated by a modification or
26            extension of the warrant;

 

 

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1                (cc) any risks to third parties at the
2            location to be searched that would be mitigated by
3            a modification or extension of the warrant; and
4                (dd) the likelihood of successful execution of
5            warrant.
6            The record shall reflect the court's findings in
7        determining whether to extend or modify the warrant.
8        The law enforcement agency shall notify the petitioner
9        of any modification or extension of the warrant.
10            (xi) Service of any order of protection shall, to
11        the extent possible, be concurrent with the execution
12        of any search warrant under this paragraph.
13            (B b) If the respondent is a peace officer as
14        defined in Section 2-13 of the Criminal Code of 2012,
15        the court shall order that any firearms used by the
16        respondent in the performance of his or her duties as a
17        peace officer be surrendered to the chief law
18        enforcement executive of the agency in which the
19        respondent is employed, who shall retain the firearms
20        for safekeeping for the duration of the order of
21        protection.
22            (C c)(i) Any firearms or firearm parts that could
23        be assembled to make an operable firearm shall be kept
24        by the law enforcement agency that took possession of
25        the items for safekeeping, except as provided in
26        subparagraph (B). The period of safekeeping shall be

 

 

HB4144 Enrolled- 53 -LRB103 34131 LNS 63949 b

1        for the duration of the order of protection. Except as
2        provided in subparagraph (E), the respondent is
3        prohibited from transferring firearms or firearm parts
4        to another individual in lieu of surrender to law
5        enforcement. The law enforcement agency shall provide
6        an itemized statement of receipt to the respondent and
7        the court describing any seized or surrendered
8        firearms or firearm parts and informing the respondent
9        that the respondent may seek the return of the
10        respondent's items at the end of the order of
11        protection. The law enforcement agency may enter
12        arrangements, as needed, with federally licensed
13        firearm dealers or other law enforcement agencies for
14        the storage of any firearms seized or surrendered
15        under this subsection.
16            (ii) It is the respondent's responsibility to
17        request the return or reinstatement of any Firearm
18        Owner's Identification Card or Concealed Carry License
19        and notify the Illinois State Police Firearm Owner's
20        Identification Card Office at the end of the Order of
21        Protection.
22            (iii) At the end of the order of protection, a
23        respondent may request the return of any seized or
24        surrendered firearms or firearm parts that could be
25        assembled to make an operable firearm. Such firearms
26        or firearm parts shall be returned within 14 days of

 

 

HB4144 Enrolled- 54 -LRB103 34131 LNS 63949 b

1        the request to the respondent, if the respondent is
2        lawfully eligible to possess firearms, or to a
3        designated third party who is lawfully eligible to
4        possess firearms. If Upon expiration of the period of
5        safekeeping, if the firearms or firearm parts or
6        Firearm Owner's Identification Card cannot be returned
7        to respondent because (1) the respondent has not
8        requested the return or transfer of the firearms or
9        firearm parts as set forth in this subparagraph, and
10        (2) the respondent cannot be located or , fails to
11        respond to more than 3 requests to retrieve the
12        firearms or firearm parts the court may, or is not
13        lawfully eligible to possess a firearm, upon petition
14        from the appropriate local law enforcement agency and
15        notice to the respondent at the respondent's last
16        known address, the court may order the local law
17        enforcement agency to destroy the firearms or firearm
18        parts; , use the firearms or firearm parts for training
19        purposes, or for any other application as deemed
20        appropriate by the local law enforcement agency; or
21        turn that the firearms be turned over the firearm or
22        firearm parts to a third party who is lawfully
23        eligible to possess firearms, and who does not reside
24        with respondent.
25            (D)(i) If a person other than the respondent
26        claims title to any firearms and firearm parts that

 

 

HB4144 Enrolled- 55 -LRB103 34131 LNS 63949 b

1        could be assembled to make an operable firearm seized
2        or surrendered under this subsection, the person may
3        petition the court to have the firearm and firearm
4        parts that could be assembled to make an operable
5        firearm returned to him or her with proper notice to
6        the petitioner and respondent. If, at a hearing on the
7        petition, the court determines the person to be the
8        lawful owner of the firearm and firearm parts that
9        could be assembled to make an operable firearm, the
10        firearm and firearm parts that could be assembled to
11        make an operable firearm shall be returned to the
12        person, provided that:
13                (aa) the firearm and firearm parts that could
14            be assembled to make an operable firearm are
15            removed from the respondent's custody, control, or
16            possession and the lawful owner agrees to store
17            the firearm and firearm parts that could be
18            assembled to make an operable firearm in a manner
19            such that the respondent does not have access to
20            or control of the firearm and firearm parts that
21            could be assembled to make an operable firearm;
22            and
23                 (bb) the firearm and firearm parts that could
24            be assembled to make an operable firearm are not
25            otherwise unlawfully possessed by the owner.
26            (ii) The person petitioning for the return of his

 

 

HB4144 Enrolled- 56 -LRB103 34131 LNS 63949 b

1        or her firearm and firearm parts that could be
2        assembled to make an operable firearm must swear or
3        affirm by affidavit that he or she:
4                (aa) is the lawful owner of the firearm and
5            firearm parts that could be assembled to make an
6            operable firearm;
7                (bb) shall not transfer the firearm and
8            firearm parts that could be assembled to make an
9            operable firearm to the respondent; and
10                (cc) will store the firearm and firearm parts
11            that could be assembled to make an operable
12            firearm in a manner that the respondent does not
13            have access to or control of the firearm and
14            firearm parts that could be assembled to make an
15            operable firearm.
16            (E)(i) The respondent may file a motion to
17        transfer, at the next scheduled hearing, any seized or
18        surrendered firearms or firearm parts to a third
19        party. Notice of the motion shall be provided to the
20        petitioner and the third party must appear at the
21        hearing.
22            (ii) The court may order transfer of the seized or
23        surrendered firearm or firearm parts only if:
24                (aa) the third party transferee affirms by
25            affidavit to the open court that:
26                    (I) the third party transferee does not

 

 

HB4144 Enrolled- 57 -LRB103 34131 LNS 63949 b

1                reside with the respondent;
2                    (II) the respondent does not have access
3                to the location in which the third party
4                transferee intends to keep the firearms or
5                firearm parts;
6                    (III) the third party transferee will not
7                transfer the firearm or firearm parts to the
8                respondent or anyone who resides with the
9                respondent;
10                    (IV) the third party transferee will
11                maintain control and possession of the firearm
12                or firearm parts until otherwise ordered by
13                the court; and
14                    (V) the third party transferee will be
15                subject to criminal penalties for transferring
16                the firearms or firearm parts to the
17                respondent; and
18                (bb) the court finds that:
19                    (I) the respondent holds a valid Firearm
20                Owner's Identification; and
21                    (II) the transfer of firearms or firearm
22                parts to the third party transferee does not
23                place the petitioner or any other protected
24                parties at any additional threat or risk of
25                harm.
26        (15) Prohibition of access to records. If an order of

 

 

HB4144 Enrolled- 58 -LRB103 34131 LNS 63949 b

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
5    minor child, the order shall deny respondent access to,
6    and 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
17    of a family or household member or further abuse, neglect,
18    or exploitation of a high-risk adult with disabilities or
19    to effectuate one of the granted remedies, if supported by
20    the balance of hardships. If the harm to be prevented by
21    the 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        (18) Telephone services.
26            (A) Unless a condition described in subparagraph

 

 

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

 

 

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

 

 

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

 

 

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1    relevant factors, including but not limited to the
2    following:
3            (i) the nature, frequency, severity, pattern and
4        consequences of the respondent's past abuse, neglect
5        or exploitation of the petitioner or any family or
6        household member, including the concealment of his or
7        her location in order to evade service of process or
8        notice, and the likelihood of danger of future abuse,
9        neglect, or exploitation to petitioner or any member
10        of petitioner's or respondent's family or household;
11        and
12            (ii) the danger that any minor child will be
13        abused or neglected or improperly relocated 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
24        or 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)
9        of 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
17    order of protection, the court, as an alternative to or as
18    a supplement to making the findings described in
19    paragraphs (c)(3)(i) through (c)(3)(iii) of this
20    subsection, may use 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
7    marriage attach to a putative father until a father and
8    child relationship has been established under the Illinois
9    Parentage Act of 1984, the Illinois Parentage Act of 2015,
10    the Illinois Public Aid Code, Section 12 of the Vital
11    Records Act, the Juvenile Court Act of 1987, the Probate
12    Act of 1975, the Revised Uniform Reciprocal Enforcement of
13    Support Act, the Uniform Interstate Family Support Act,
14    the Expedited Child Support Act of 1990, any judicial,
15    administrative, or other act of another state or
16    territory, any other Illinois statute, or by any foreign
17    nation establishing the father and child relationship, any
18    other proceeding substantially in conformity with the
19    Personal Responsibility and Work Opportunity
20    Reconciliation Act of 1996 (Pub. L. 104-193), or where
21    both parties appeared in open court or at an
22    administrative hearing acknowledging under oath or
23    admitting by affirmation the existence of a father and
24    child relationship. Absent such an adjudication, finding,
25    or acknowledgment, no putative father shall be granted
26    temporary allocation of parental responsibilities,

 

 

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

 

 

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1    respondent;
2        (6) Petitioner did not leave the residence or
3    household to avoid further abuse, neglect, or exploitation
4    by respondent;
5        (7) Conduct by any family or household member excused
6    the abuse, neglect, or exploitation by respondent, unless
7    that same conduct would have excused such abuse, neglect,
8    or exploitation if the parties had not been family or
9    household members.
10(Source: P.A. 102-538, eff. 8-20-21.)
 
11    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
12    Sec. 222. Notice of orders.
13    (a) Entry and issuance. Upon issuance of any order of
14protection, the clerk shall immediately (i) enter the order on
15the record and file it in accordance with the circuit court
16procedures and (ii) provide a file stamped copy of the order to
17respondent, if present, and to petitioner.
18    (b) Filing with sheriff or other law enforcement
19officials. The clerk of the issuing judge shall, or the
20petitioner may, on the same day that an order of protection is
21issued, file a certified copy of that order with the sheriff or
22other law enforcement officials charged with maintaining
23Illinois State Police records or charged with serving the
24order upon respondent or executing any search warrant issued
25under paragraph (14.5) of subsection (b) of Section 214 of

 

 

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1this Act. If a search warrant is issued under paragraph (14.5)
2of subsection (b) of Section 214 of this Act, the clerk of the
3issuing judge shall, or the petitioner may, on the same day
4that the warrant is issued, transmit the warrant to the law
5enforcement agency to which the warrant is directed. If the
6respondent, at the time of the issuance of the order, is
7committed to the custody of the Illinois Department of
8Corrections or Illinois Department of Juvenile Justice or is
9on parole, aftercare release, or mandatory supervised release,
10the sheriff or other law enforcement officials charged with
11maintaining Illinois State Police records shall notify the
12Department of Corrections or Department of Juvenile Justice
13within 48 hours of receipt of a copy of the order of protection
14from the clerk of the issuing judge or the petitioner. Such
15notice shall include the name of the respondent, the
16respondent's IDOC inmate number or IDJJ youth identification
17number, the respondent's date of birth, and the LEADS Record
18Index Number.
19    (c) Service by sheriff. Unless respondent was present in
20court when the order was issued, the sheriff, other law
21enforcement official or special process server shall promptly
22serve that order upon respondent and file proof of such
23service, in the manner provided for service of process in
24civil proceedings. Instead of serving the order upon the
25respondent, however, the sheriff, other law enforcement
26official, special process server, or other persons defined in

 

 

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1Section 222.10 may serve the respondent with a short form
2notification as provided in Section 222.10. If process has not
3yet been served upon the respondent, it shall be served with
4the order or short form notification if such service is made by
5the sheriff, other law enforcement official, or special
6process server. A single fee may be charged for service of an
7order obtained in civil court, or for service of such an order
8together with process, unless waived or deferred under Section
9210.
10    (c-5) If the person against whom the order of protection
11is issued is arrested and the written order is issued in
12accordance with subsection (c) of Section 217 and received by
13the custodial law enforcement agency before the respondent or
14arrestee is released from custody, the custodial law
15enforcement agent shall promptly serve the order upon the
16respondent or arrestee before the respondent or arrestee is
17released from custody. In no event shall detention of the
18respondent or arrestee be extended for hearing on the petition
19for order of protection or receipt of the order issued under
20Section 217 of this Act.
21    (d) Extensions, modifications and revocations. Any order
22extending, modifying or revoking any order of protection shall
23be promptly recorded, issued and served as provided in this
24Section.
25    (e) Notice to schools. Upon the request of the petitioner,
26within 24 hours of the issuance of an order of protection, the

 

 

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1clerk of the issuing judge shall send a certified copy of the
2order of protection to the day-care facility, pre-school or
3pre-kindergarten, or private school or the principal office of
4the public school district or any college or university in
5which any child who is a protected person under the order of
6protection or any child of the petitioner is enrolled as
7requested by the petitioner at the mailing address provided by
8the petitioner. If the child transfers enrollment to another
9day-care facility, pre-school, pre-kindergarten, private
10school, public school, college, or university, the petitioner
11may, within 24 hours of the transfer, send to the clerk written
12notice of the transfer, including the name and address of the
13institution to which the child is transferring. Within 24
14hours of receipt of notice from the petitioner that a child is
15transferring to another day-care facility, pre-school,
16pre-kindergarten, private school, public school, college, or
17university, the clerk shall send a certified copy of the order
18to the institution to which the child is transferring.
19    (f) Disclosure by schools. After receiving a certified
20copy of an order of protection that prohibits a respondent's
21access to records, neither a day-care facility, pre-school,
22pre-kindergarten, public or private school, college, or
23university nor its employees shall allow a respondent access
24to a protected child's records or release information in those
25records to the respondent. The school shall file the copy of
26the order of protection in the records of a child who is a

 

 

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1protected person under the order of protection. When a child
2who is a protected person under the order of protection
3transfers to another day-care facility, pre-school,
4pre-kindergarten, public or private school, college, or
5university, the institution from which the child is
6transferring may, at the request of the petitioner, provide,
7within 24 hours of the transfer, written notice of the order of
8protection, along with a certified copy of the order, to the
9institution to which the child is transferring.
10    (g) Notice to health care facilities and health care
11practitioners. Upon the request of the petitioner, the clerk
12of the circuit court shall send a certified copy of the order
13of protection to any specified health care facility or health
14care practitioner requested by the petitioner at the mailing
15address provided by the petitioner.
16    (h) Disclosure by health care facilities and health care
17practitioners. After receiving a certified copy of an order of
18protection that prohibits a respondent's access to records, no
19health care facility or health care practitioner shall allow a
20respondent access to the records of any child who is a
21protected person under the order of protection, or release
22information in those records to the respondent, unless the
23order has expired or the respondent shows a certified copy of
24the court order vacating the corresponding order of protection
25that was sent to the health care facility or practitioner.
26Nothing in this Section shall be construed to require health

 

 

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1care facilities or health care practitioners to alter
2procedures related to billing and payment. The health care
3facility or health care practitioner may file the copy of the
4order of protection in the records of a child who is a
5protected person under the order of protection, or may employ
6any other method to identify the records to which a respondent
7is prohibited access. No health care facility or health care
8practitioner shall be civilly or professionally liable for
9reliance on a copy of an order of protection, except for
10willful and wanton misconduct.
11(Source: P.A. 101-508, eff. 1-1-20; 102-538, eff. 8-20-21.)
 
12    (750 ILCS 60/305)  (from Ch. 40, par. 2313-5)
13    Sec. 305. Limited law enforcement liability. Any act of
14omission or commission by any law enforcement officer acting
15in good faith in rendering emergency assistance, executing
16search warrants under this Act, or otherwise enforcing this
17Act shall not impose civil liability upon the law enforcement
18officer or his or her supervisor or employer, unless the act is
19a result of willful or wanton misconduct.
20(Source: P.A. 84-1305.)
 
21    Section 99. Effective date. This Act takes effect 90 days
22after becoming law.