Public Act 102-0220
 
SB1677 EnrolledLRB102 13187 LNS 18531 b


  
    AN ACT concerning civil law.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Stalking No Contact Order Act is amended  by 
changing Section 10 as follows:
 
    (740 ILCS 21/10)
    Sec. 10. Definitions. For the purposes of this Act:
    "Course of conduct" means 2 or more acts, including but 
not limited to acts in which a respondent directly, 
indirectly, or through third parties, by any action, method, 
device, or means follows, monitors, observes, surveils, or 
threatens a person, workplace, school, or place of worship, 
engages in other contact, or interferes with or damages a 
person's property or pet.  A course of conduct may include 
contact via electronic communications.  The incarceration of a 
person in a penal institution who commits the course of 
conduct is not a bar to prosecution under this Section.
    "Emotional distress" means significant mental suffering, 
anxiety or alarm.
    "Contact" includes any contact with the victim, that is 
initiated or continued without the victim's consent, or that 
is in disregard of the victim's expressed desire that the 
contact be avoided or discontinued, including but not limited 
to being in the physical presence of the victim; appearing 
within the sight of the victim; approaching or confronting the 
victim in a public place or on private property;  appearing at 
the workplace or residence of the victim; entering onto or 
remaining on property owned, leased, or occupied by the 
victim;  placing an object on, or delivering an object to, 
property owned, leased, or occupied by the victim; electronic 
communication as defined in Section 26.5-0.1 of the Criminal 
Code of 2012; and appearing at the prohibited workplace, 
school, or place of worship.
    "Petitioner" means any named petitioner for the stalking 
no contact order or any named victim of stalking on whose 
behalf the petition is brought. "Petitioner" includes an 
authorized agent of a place of employment, an authorized agent 
of a place of worship, or an authorized agent of a school. 
    "Reasonable person" means a person in the petitioner's 
circumstances with the petitioner's knowledge of the 
respondent and the respondent's prior acts.
    "Stalking" means engaging in a course of conduct directed 
at a specific person, and he or she knows or should know that 
this course of conduct would cause a reasonable person to fear 
for his or her safety, the safety of a workplace, school, or 
place of worship, or the safety of a third person or  suffer 
emotional distress.  Stalking does not include an exercise of 
the right to free speech or assembly that is otherwise lawful 
or picketing occurring at the workplace that is otherwise 
lawful and arises out of a bona fide labor dispute, including 
any controversy concerning wages, salaries, hours, working 
conditions or benefits, including health and welfare, sick 
leave, insurance, and pension or retirement provisions, the 
making or maintaining of collective bargaining agreements, and 
the terms to be included in those agreements.
    "Stalking no contact order" means an emergency order or 
plenary order granted under this Act, which includes a remedy 
authorized by Section 80 of this Act. 

(Source: P.A. 100-1000, eff. 1-1-19.)
 
    Section 10. The Civil No Contact Order Act is amended  by 
changing Section 213 as follows:
 


    (740 ILCS 22/213)




    Sec. 213. Civil no contact order; remedies. 

    (a) If the court finds that the petitioner has been a 
victim of
non-consensual sexual conduct or non-consensual 
sexual penetration, a civil no
contact order shall issue; 
provided that the petitioner must also satisfy the

requirements of Section
214 on emergency orders or Section 215 
on plenary orders. The petitioner
shall not be denied a civil 
no contact order because the petitioner or the
respondent is a 
minor. The court, when
determining whether or not to issue a 
civil no contact order, may not
require physical injury on the 
person of the victim.
Modification and extension of prior 
civil no contact orders shall be in
accordance with this Act.

    (a-5) When a petition for a civil no contact order is 
granted, the order shall not be publicly available until the 
order is served on the respondent. 
    (b) (Blank).



    (b-5) The court may provide relief as follows:
        (1) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within, a specified 
    distance from the petitioner;
        (2) restrain the respondent from having any contact, 
    including nonphysical contact and electronic communication 
    as defined in Section 26.5-0.1 of the Criminal Code of 
    2012, with the petitioner directly, indirectly, or through 
    third parties, regardless of whether those third parties 
    know of the order;
        (3) prohibit the respondent from knowingly coming 
    within, or knowingly remaining within, a specified 
    distance from the petitioner's residence, school, day care 
    or other specified location;
        (4) order the respondent to stay away from any 
    property or animal owned, possessed, leased, kept, or held 
    by the petitioner and forbid the respondent from taking, 
    transferring, encumbering, concealing, harming, or 
    otherwise disposing of the property or animal; and
        (5) order any other injunctive relief as necessary or 
    appropriate for the protection of the petitioner. 
    (b-6) When the petitioner and the respondent attend the 
same public or private elementary, middle, or high school, the 
court when issuing a civil no contact order and providing 
relief shall consider the severity of the act, any continuing 
physical danger or emotional distress to the petitioner, the 
educational rights guaranteed to the petitioner and respondent 
under federal and State law, the availability of a transfer of 
the respondent to another school, a change of placement or a 
change of program of the respondent, the expense, difficulty, 
and educational disruption that would be caused by a transfer 
of the respondent to another school, and any other relevant 
facts of the case. The court may order that the respondent not 
attend the public, private, or non-public elementary, middle, 
or high school attended by the petitioner, order that the 
respondent accept a change of placement or program, as 
determined by the school district or private or non-public 
school, or place restrictions on the respondent's movements 
within the school attended by the petitioner.

The respondent 
bears the burden of proving by a preponderance of the evidence 
that a transfer, change of placement, or change of program of 
the respondent is not available.  The respondent also bears the 
burden of production with respect to the expense, difficulty, 
and educational disruption that would be caused by a transfer 
of the respondent to another school. A transfer, change of 
placement, or change of program is not unavailable to the 
respondent solely on the ground that the respondent does not 
agree with the school district's or private or non-public 
school's transfer, change of placement, or change of program 
or solely on the ground that the respondent fails or refuses to 
consent to or otherwise does not take an action required to 
effectuate a transfer, change of placement, or change of 
program.

When a court orders a respondent to stay away from the 
public, private, or non-public school attended by the 
petitioner and the respondent requests a transfer to another 
attendance center within the respondent's school district or 
private or non-public school, the school district or private 
or non-public school shall have sole discretion to determine 
the attendance center to which the respondent is transferred.


In the event the court order results in a transfer of the minor 
respondent to another attendance center, a change in the 
respondent's placement, or a change of the respondent's 
program, the parents, guardian, or legal custodian of the 
respondent is responsible for transportation and other costs 
associated with the transfer or change.
    (b-7) The court may order the parents, guardian, or legal 
custodian of a minor respondent to take certain actions or to 
refrain from taking certain actions to ensure that the 
respondent complies with the order. In the event the court 
orders a transfer of the respondent to another school, the 
parents or legal guardians of the respondent are responsible 
for transportation and other costs associated with the change 
of school by the respondent. 
    (c) Denial of a remedy may not be based, in whole or in 
part, on
evidence that:

        (1) the respondent has cause for any use of force, 
    unless that
cause satisfies the standards for justifiable 
    use of force provided
by Article 7 of the Criminal Code of 
    2012;

        (2) the respondent was voluntarily intoxicated;

        (3) the petitioner acted in self-defense or defense of 
    another,
provided that, if the petitioner utilized force, 
    such force was
justifiable under Article 7 of the Criminal 
    Code of 2012;

        (4) the petitioner did not act in self-defense or 
    defense of
another;

        (5) the petitioner left the residence or household to 
    avoid
further non-consensual sexual conduct or 
    non-consensual sexual penetration
by the respondent; or

        (6) the petitioner did not leave the residence or 
    household to
avoid further non-consensual sexual conduct 
    or non-consensual sexual
penetration by the respondent.

    (d) Monetary damages are not recoverable as a remedy.

(Source: P.A. 101-255, eff. 1-1-20.)

 
    Section 15. The Internet Dating, Internet Child Care, 
Internet Senior Care, and Internet Home Care Safety Act is 
amended  by changing Section 5 as follows:
 
    (815 ILCS 518/5)

    Sec. 5. Definitions. As used in this Act:
    "Criminal background screening" means a name search for a 
person's criminal convictions initiated by an Internet dating 
service provider, an Internet child care service provider, an 
Internet senior care service provider, or an Internet home 
care provider and conducted by:


        (1) searching available and regularly updated 
    government public record databases for criminal 
    convictions so long as such databases, in the aggregate, 
    provide substantial national coverage; or


        (2) searching a database maintained by a private 
    vendor that is regularly updated and is maintained in the 
    United States with substantial national coverage of 
    criminal history records and sexual offender registries.


     "Internet dating service" means a person or entity in the 
business, for a fee, of providing dating, romantic 
relationship, or matrimonial services principally on or 
through the Internet.


    "Internet child care service" means a person or entity, in 
the business, for a fee, of providing access to a database, 
principally on or through the Internet, of seekers and 
providers of child care services. 
    "Internet senior care service" means a person or entity in 
the business, for a fee, of providing access to a database, 
principally on or through the Internet, of seekers and 
providers of senior care services. 
    "Internet home care service" means a person or entity in 
the business, for a fee, of providing access to a database, 
principally on or through the Internet, of seekers and 
providers of domestic home care services including, dog 
walkers, pet sitters, housekeepers, house cleaners, house 
sitters, and tutors. 
    "Member" means a customer, client, or participant who 
submits to an Internet dating service, Internet child care

service, Internet senior care service, or Internet home care 
service information required to access the service for the 
purpose of engaging in dating, relationship, compatibility, 
matrimonial, or social, child care, senior care, or home care 
referral.


    "Illinois member" means a member who provides an Illinois 
billing address or zip code when registering with the service.


    "Criminal conviction" means a conviction for any crime 
including but not limited to any sex offense that would 
qualify the offender for registration pursuant to the Sex 
Offender Registration Act or under another jurisdiction's 
equivalent statute.


(Source: P.A. 97-1056, eff. 8-24-12; 98-458, eff. 8-16-13.)
  
 
    Section 20. The Dating Referral Services Act is amended by 
changing Section 15 as follows:
 



    (815 ILCS 615/15)  (from Ch. 29, par. 1051-15)



    Sec. 15. Written contract required. Every contract for

dating referral services shall be in writing and shall be

subject to this Act. All provisions, requirements, and 
prohibitions
that are mandated by this Act and the Internet 
Dating, Internet Child Care, Internet Senior Care, and 
Internet Home Care Safety Act shall be contained in the 
written
contract before it is signed by the customer.  A copy of 
the
written contract shall be given to the customer at the time 
the
customer signs the contract.  Dating referral enterprises 
shall
maintain original copies of all contracts for services 
for as
long as the contracts are in effect and for a period of 
3 years
thereafter.

(Source: P.A. 87-450.)