Full Text of HB4796 100th General Assembly
HB4796enr 100TH GENERAL ASSEMBLY |
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| 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 Code of Criminal Procedure of 1963 is | 5 | | amended by changing Sections 112A-4 and 112A-4.5 as follows:
| 6 | | (725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)
| 7 | | Sec. 112A-4. Persons protected by this Article.
| 8 | | (a) The following persons are protected by
this Article in | 9 | | cases involving domestic violence:
| 10 | | (1) any person abused by a family or household member;
| 11 | | (2) any minor child or dependent adult in the care of
| 12 | | such person; and
| 13 | | (3) any person residing or employed at a private home | 14 | | or public
shelter which is housing an abused family or | 15 | | household member ; and . | 16 | | (4) any of the following persons if the person is | 17 | | abused by a family or household member of a child: | 18 | | (i) a foster parent of that child if the child has | 19 | | been placed in the foster parent's home by the | 20 | | Department of Children and Family Services or by | 21 | | another state's public child welfare agency; | 22 | | (ii) a legally appointed guardian or legally | 23 | | appointed custodian of that child; |
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| 1 | | (iii) an adoptive parent of that child; or | 2 | | (iv) a prospective adoptive parent of that child if | 3 | | the child has been placed in the prospective adoptive | 4 | | parent's home pursuant to the Adoption Act or pursuant | 5 | | to another state's law. | 6 | | For purposes of this paragraph (a)(4), individuals who | 7 | | would have been considered "family or household members" of the | 8 | | child under paragraph (3) of subsection (b) of Section 112A-3 | 9 | | before a termination of the parental rights with respect to the | 10 | | child continue to meet the definition of "family or household | 11 | | members" of the child.
| 12 | | (a-5) The following persons are protected by this Article | 13 | | in cases involving sexual offenses: | 14 | | (1) any victim of non-consensual sexual conduct or
| 15 | | non-consensual sexual penetration on whose behalf the | 16 | | petition is brought; | 17 | | (2) any family or household member of the named
victim; | 18 | | and | 19 | | (3) any employee of or volunteer at a rape crisis | 20 | | center. | 21 | | (a-10) The following persons are protected by this Article | 22 | | in cases involving stalking offenses: | 23 | | (1) any victim of stalking; and | 24 | | (2) any family or household member of the named victim. | 25 | | (b) (Blank).
| 26 | | (Source: P.A. 100-199, eff. 1-1-18 .)
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| 1 | | (725 ILCS 5/112A-4.5) | 2 | | Sec. 112A-4.5. Who may file petition. | 3 | | (a) A petition for an order of protection may be filed: | 4 | | (1) by a person
who
has been abused by a family or | 5 | | household member; or | 6 | | (2) by any person on behalf
of a minor child or an | 7 | | adult who has been
abused by a family or household
member | 8 | | and who, because of age, health, disability, or | 9 | | inaccessibility,
cannot file the petition ; or . | 10 | | (3) any of the following persons if the person is | 11 | | abused by a family or household member of a child: | 12 | | (i) a foster parent of that child if the child has | 13 | | been placed in the foster parent's home by the | 14 | | Department of Children and Family Services or by | 15 | | another state's public child welfare agency; | 16 | | (ii) a legally appointed guardian or legally | 17 | | appointed custodian of that child; | 18 | | (iii) an adoptive parent of that child; | 19 | | (iv) a prospective adoptive parent of that child if | 20 | | the child has been placed in the prospective adoptive | 21 | | parent's home pursuant to the Adoption Act or pursuant | 22 | | to another state's law. | 23 | | For purposes of this paragraph (a)(3), individuals who | 24 | | would have been considered "family or household members" of the | 25 | | child under paragraph (3) of subsection (b) of Section 112A-3 |
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| 1 | | before a termination of the parental rights with respect to the | 2 | | child continue to meet the definition of "family or household | 3 | | members" of the child. | 4 | | (b) A petition for a civil no contact order may be filed: | 5 | | (1) by any person who is a victim of non-consensual
| 6 | | sexual conduct or non-consensual sexual penetration, | 7 | | including a single incident of non-consensual sexual | 8 | | conduct or non-consensual sexual penetration; or | 9 | | (2) by a person on behalf of a minor child or an
adult | 10 | | who is a victim of non-consensual sexual conduct or | 11 | | non-consensual sexual penetration but, because of age, | 12 | | disability, health, or inaccessibility, cannot file the | 13 | | petition. | 14 | | (c) A petition for a stalking no contact order may be | 15 | | filed: | 16 | | (1) by any person who is a victim of stalking; or | 17 | | (2) by a person on behalf of a minor child or an
adult | 18 | | who is a victim of stalking but, because of age, | 19 | | disability, health, or inaccessibility, cannot file the | 20 | | petition. | 21 | | (d) The State's Attorney shall file a petition on behalf on | 22 | | any person who may file a petition under subsections (a), (b) | 23 | | or (c) of this Section if the person requests the State's | 24 | | Attorney to file a petition on the person's behalf. | 25 | | (e) Any petition properly
filed under this Article may seek
| 26 | | protection for any additional persons protected by this |
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| 1 | | Article.
| 2 | | (Source: P.A. 100-199, eff. 1-1-18 .) | 3 | | Section 10. The Illinois Domestic Violence Act of 1986 is | 4 | | amended by changing Section 201 as follows:
| 5 | | (750 ILCS 60/201) (from Ch. 40, par. 2312-1)
| 6 | | Sec. 201. Persons protected by this Act.
| 7 | | (a) The following persons are protected by this Act:
| 8 | | (i) any person abused by a family or household member;
| 9 | | (ii) any high-risk adult with disabilities who is | 10 | | abused, neglected,
or exploited by a family or household | 11 | | member;
| 12 | | (iii) any minor child or dependent adult in the care of | 13 | | such person; and
| 14 | | (iv) any person residing or employed at a private home | 15 | | or public
shelter which is housing an abused family or | 16 | | household member ; and .
| 17 | | (v) any of the following persons if the person is | 18 | | abused by a family or household member of a child: | 19 | | (A) a foster parent of that child if the child has | 20 | | been placed in the foster parent's home by the | 21 | | Department of Children and Family Services or by | 22 | | another state's public child welfare agency; | 23 | | (B) a legally appointed guardian or legally | 24 | | appointed custodian of that child; |
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| 1 | | (C) an adoptive parent of that child; or | 2 | | (D) a prospective adoptive parent of that child if | 3 | | the child has been placed in the prospective adoptive | 4 | | parent's home pursuant to the Adoption Act or pursuant | 5 | | to another state's law. | 6 | | For purposes of this paragraph (a)(v), individuals who | 7 | | would have been considered "family or household members" of | 8 | | the child under subsection (6) of Section 103 of this Act | 9 | | before a termination of the parental rights with respect to | 10 | | the child continue to meet the definition of "family or | 11 | | household members" of the child. | 12 | | (b) A petition for an order of protection may be filed
| 13 | | only: | 14 | | (i) by a person who
has been abused by a family or | 15 | | household member or by any person on behalf
of a minor | 16 | | child or an adult who has been
abused by a
family or | 17 | | household
member and who, because of age, health, | 18 | | disability, or inaccessibility,
cannot
file the petition ; | 19 | | , or | 20 | | (ii) by any person on behalf of a high-risk adult with
| 21 | | disabilities who has been abused, neglected, or exploited | 22 | | by a family or
household member ; or | 23 | | (iii) any of the following persons if the person is | 24 | | abused by a family or household member of a child: | 25 | | (A) a foster parent of that child if the child has | 26 | | been placed in the foster parent's home by the |
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| 1 | | Department of Children and Family Services or by | 2 | | another state's public child welfare agency; | 3 | | (B) a legally appointed guardian or legally | 4 | | appointed custodian of that child; | 5 | | (C) an adoptive parent of that child; | 6 | | (D) a prospective adoptive parent of that child if | 7 | | the child has been placed in the prospective adoptive | 8 | | parent's home pursuant to the Adoption Act or pursuant | 9 | | to another state's law. | 10 | | For purposes of this paragraph (b)(iii), individuals | 11 | | who would have been considered "family or household | 12 | | members" of the child under subsection (6) of Section 103 | 13 | | of this Act before a termination of the parental rights | 14 | | with respect to the child continue to meet the definition | 15 | | of "family or household members" of the child . However, any | 16 | | (c) Any petition properly filed under this Act may seek
| 17 | | protection for any additional persons protected by this Act.
| 18 | | (Source: P.A. 86-542; 87-1186.)
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