Full Text of HB4210 102nd General Assembly
HB4210 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4210 Introduced 1/5/2022, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
|
750 ILCS 60/103 | from Ch. 40, par. 2311-3 |
|
Amends the Domestic Violence Act of 1986. Includes coercive control in the definition of "abuse". Defines "coercive control" as a pattern of behavior that in purpose or effect unreasonably interferes with a person's free will and personal liberty, including, but not limited to, unreasonably engaging in any of the following: (i) isolating the other party from friends, relatives, or other sources of support; (ii) depriving the other party of basic necessities; (iii) controlling, regulating, or monitoring the other party's movements, communications, daily behavior, finances, economic resources, or access to services; or (iv) compelling the other party by force, threat of force, or intimidation, including threats based on actual or suspected immigration status, to engage in conduct from which the other party has a right to abstain, or to abstain from conduct in which the other party has a right to engage.
|
| |
| | A BILL FOR |
|
| | | HB4210 | | LRB102 21326 LNS 30438 b |
|
| 1 | | AN ACT concerning domestic violence.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Domestic Violence Act of 1986 is | 5 | | amended by changing Section 103 as follows:
| 6 | | (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
| 7 | | Sec. 103. Definitions. For the purposes of this Act, the | 8 | | following
terms shall have the following meanings:
| 9 | | (1) "Abuse" means physical abuse, harassment, intimidation | 10 | | of a dependent, coercive control,
interference with personal | 11 | | liberty , or willful deprivation but does not include
| 12 | | reasonable direction of a minor child by a parent or person in | 13 | | loco parentis.
| 14 | | (2) "Adult with disabilities" means an elder adult with | 15 | | disabilities
or a high-risk adult with disabilities. A person | 16 | | may be an adult with
disabilities for purposes of this Act even | 17 | | though he or she has never been
adjudicated an incompetent | 18 | | adult. However, no court proceeding may be
initiated or | 19 | | continued on
behalf of an adult with disabilities over that | 20 | | adult's objection, unless such
proceeding is approved by his | 21 | | or her legal guardian, if any.
| 22 | | (2.5) "Coercive control" means a pattern of behavior that | 23 | | in purpose or effect unreasonably interferes with a person's |
| | | HB4210 | - 2 - | LRB102 21326 LNS 30438 b |
|
| 1 | | free will and personal liberty. "Coercive control" includes, | 2 | | but is not limited to, unreasonably engaging in any of the | 3 | | following: | 4 | | (i) isolating the other party from friends, relatives, | 5 | | or other sources of support; | 6 | | (ii) depriving the other party of basic necessities; | 7 | | (iii) controlling, regulating, or monitoring the other | 8 | | party's movements, communications, daily behavior, | 9 | | finances, economic resources, or access to services; or | 10 | | (iv) compelling the other party by force, threat of | 11 | | force, or intimidation, including threats based on actual | 12 | | or suspected immigration status, to engage in conduct from | 13 | | which the other party has a right to abstain, or to abstain | 14 | | from conduct in which the other party has a right to | 15 | | engage. | 16 | | (3) "Domestic violence" means abuse as defined in | 17 | | paragraph (1).
| 18 | | (4) "Elder adult with disabilities" means an adult | 19 | | prevented by
advanced age from taking appropriate action to | 20 | | protect himself or herself
from abuse by a family or household | 21 | | member.
| 22 | | (5) "Exploitation" means the illegal, including tortious, | 23 | | use of a
high-risk adult with disabilities or of the assets or | 24 | | resources of a
high-risk adult with disabilities. | 25 | | " Exploitation " includes, but is not
limited to, the | 26 | | misappropriation of assets or resources of a high-risk
adult |
| | | HB4210 | - 3 - | LRB102 21326 LNS 30438 b |
|
| 1 | | with disabilities by undue influence, by breach of a fiduciary
| 2 | | relationship, by fraud, deception, or extortion, or the use of | 3 | | such assets or
resources in a manner contrary to law.
| 4 | | (6) "Family or household members" include spouses, former | 5 | | spouses,
parents, children, stepchildren , and other persons | 6 | | related by blood or
by present or prior marriage, persons
who | 7 | | share or formerly shared a common dwelling, persons who have | 8 | | or
allegedly have a child in common, persons who share or | 9 | | allegedly share a
blood relationship through a child, persons | 10 | | who have or have had a dating
or engagement relationship, | 11 | | persons with disabilities and their
personal assistants, and | 12 | | caregivers as defined in Section 12-4.4a of the Criminal Code | 13 | | of 2012.
For purposes of this paragraph, neither a casual | 14 | | acquaintanceship nor
ordinary fraternization between 2 | 15 | | individuals in business or social
contexts shall be deemed to | 16 | | constitute a dating relationship.
In the case of a high-risk | 17 | | adult with
disabilities, "family or household members" | 18 | | includes any person
who has the responsibility for a high-risk | 19 | | adult as a result of a family
relationship or who has assumed | 20 | | responsibility for all or a portion of the
care of a high-risk | 21 | | adult with disabilities voluntarily, or by express or
implied | 22 | | contract, or by court order.
| 23 | | (7) "Harassment" means knowing conduct which
is not | 24 | | necessary to accomplish a purpose that is reasonable under the
| 25 | | circumstances; would cause a reasonable person emotional | 26 | | distress; and
does cause emotional distress to the petitioner.
|
| | | HB4210 | - 4 - | LRB102 21326 LNS 30438 b |
|
| 1 | | Unless the presumption is rebutted by a preponderance of the | 2 | | evidence, the
following types of conduct shall be
presumed to | 3 | | cause emotional distress:
| 4 | | (i) creating a disturbance at petitioner's place of | 5 | | employment or school;
| 6 | | (ii) repeatedly telephoning petitioner's place of | 7 | | employment, home or residence;
| 8 | | (iii) repeatedly following petitioner about in a | 9 | | public place or places;
| 10 | | (iv) repeatedly keeping petitioner under surveillance | 11 | | by remaining
present outside his or her
home, school, | 12 | | place of employment, vehicle or other place occupied by
| 13 | | petitioner or by peering in petitioner's windows;
| 14 | | (v) improperly concealing a minor child from | 15 | | petitioner, repeatedly
threatening to improperly remove a | 16 | | minor child of petitioner's from
the jurisdiction or from | 17 | | the physical care of petitioner,
repeatedly threatening to | 18 | | conceal a minor
child from petitioner, or making
a single | 19 | | such
threat following an actual or attempted improper | 20 | | removal or concealment,
unless respondent was fleeing an | 21 | | incident or pattern of domestic violence; or
| 22 | | (vi) threatening physical force, confinement , or | 23 | | restraint on one or more occasions.
| 24 | | (8) "High-risk adult with disabilities" means a person | 25 | | aged 18 or over
whose physical or mental disability impairs | 26 | | his or her ability to seek or
obtain protection from abuse, |
| | | HB4210 | - 5 - | LRB102 21326 LNS 30438 b |
|
| 1 | | neglect, or exploitation.
| 2 | | (9) "Interference with personal liberty" means committing | 3 | | or
threatening physical abuse, harassment, intimidation , or
| 4 | | willful deprivation so as to
compel another to
engage in | 5 | | conduct from which she or he has a right to abstain or to | 6 | | refrain from conduct
in which she or he has a right to engage.
| 7 | | (10) "Intimidation of a dependent" means subjecting a | 8 | | person
who is dependent
because of
age, health , or disability | 9 | | to participation in or the witnessing of: physical force
| 10 | | against another or physical confinement or restraint of | 11 | | another which
constitutes physical abuse as defined in this | 12 | | Act, regardless of whether the
abused person is a family or | 13 | | household member.
| 14 | | (11) (A) "Neglect" means the failure to exercise that | 15 | | degree of care
toward a high-risk adult with disabilities | 16 | | which a reasonable person would
exercise under the | 17 | | circumstances and includes but is not limited to:
| 18 | | (i) the failure to take reasonable steps to protect a | 19 | | high-risk adult
with disabilities from acts of abuse;
| 20 | | (ii) the repeated, careless imposition of unreasonable | 21 | | confinement;
| 22 | | (iii) the failure to provide food, shelter, clothing, | 23 | | and personal
hygiene to a high-risk adult with | 24 | | disabilities who requires such assistance;
| 25 | | (iv) the failure to provide medical and rehabilitative | 26 | | care for the
physical and mental health needs of a |
| | | HB4210 | - 6 - | LRB102 21326 LNS 30438 b |
|
| 1 | | high-risk adult with disabilities; or
| 2 | | (v) the failure to protect a high-risk adult with | 3 | | disabilities from
health and safety hazards.
| 4 | | (B) Nothing in this subsection (10) shall be construed to | 5 | | impose a requirement that
assistance be provided to a | 6 | | high-risk adult with disabilities over his or
her objection in | 7 | | the absence of a court order, nor to create any new
affirmative | 8 | | duty to provide support to a high-risk adult with | 9 | | disabilities.
| 10 | | (12) "Order of protection" means an emergency order, | 11 | | interim
order , or plenary order, granted pursuant to this Act,
| 12 | | which includes any or
all of the remedies authorized by | 13 | | Section 214 of this Act.
| 14 | | (13) "Petitioner" may mean not only any named petitioner | 15 | | for the order of
protection and any named victim of abuse on | 16 | | whose behalf the petition
is brought, but also any other | 17 | | person protected by this Act.
| 18 | | (14) "Physical abuse" includes sexual abuse and means any
| 19 | | of the following:
| 20 | | (i) knowing or reckless use of physical force, | 21 | | confinement , or restraint;
| 22 | | (ii) knowing, repeated , and unnecessary sleep | 23 | | deprivation; or
| 24 | | (iii) knowing or reckless conduct which creates an | 25 | | immediate
risk of physical harm.
| 26 | | (14.5) "Stay away" means for the respondent to refrain |
| | | HB4210 | - 7 - | LRB102 21326 LNS 30438 b |
|
| 1 | | from both physical presence and nonphysical contact with the | 2 | | petitioner whether direct, indirect (including, but not | 3 | | limited to, telephone calls, mail, email, faxes, and written | 4 | | notes), or through third parties who may or may not know about | 5 | | the order of protection.
| 6 | | (15) "Willful deprivation" means wilfully denying a person | 7 | | who
because of age, health , or disability requires medication,
| 8 | | medical care, shelter, accessible shelter or services, food,
| 9 | | therapeutic device, or other physical
assistance, and thereby | 10 | | exposing that person to the risk of physical,
mental , or | 11 | | emotional harm, except with regard to medical care or | 12 | | treatment
when the dependent person has expressed an intent to | 13 | | forgo such medical
care or treatment. This paragraph does not
| 14 | | create any new affirmative duty to provide support to | 15 | | dependent persons.
| 16 | | (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
|
|