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1 | | AN ACT concerning safety. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 1. References to Act. This Act may be referred to |
5 | | as Karina's Law. |
6 | | Section 5. The Code of Criminal Procedure of 1963 is |
7 | | amended 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; |
10 | | remedies. |
11 | | (a) (Blank). |
12 | | (b) The court may order any of the remedies listed in this |
13 | | subsection (b). The remedies listed in this subsection (b) |
14 | | shall be in addition to other civil or criminal remedies |
15 | | available 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 |
7 | | that the balance of hardships does not support the granting of |
8 | | a remedy governed by paragraph (2), (3), (10), (11), or (16) of |
9 | | subsection (b) of this Section, which may require such |
10 | | balancing, the court's findings shall so indicate and shall |
11 | | include a finding as to whether granting the remedy will |
12 | | result in hardship to respondent that would substantially |
13 | | outweigh the hardship to petitioner from denial of the remedy. |
14 | | The findings shall be an official record or in writing. |
15 | | (e) Denial of remedies. Denial of any remedy shall not be |
16 | | based, 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; |
10 | | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.) |
11 | | Section 10. The Illinois Domestic Violence Act of 1986 is |
12 | | amended 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 |
16 | | has been abused by a family or household member or that |
17 | | petitioner is a high-risk adult who has been abused, |
18 | | neglected, or exploited, as defined in this Act, an order of |
19 | | protection prohibiting the abuse, neglect, or exploitation |
20 | | shall issue; provided that petitioner must also satisfy the |
21 | | requirements of one of the following Sections, as appropriate: |
22 | | Section 217 on emergency orders, Section 218 on interim |
23 | | orders, or Section 219 on plenary orders. Petitioner shall not |
24 | | be denied an order of protection because petitioner or |
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1 | | respondent is a minor. The court, when determining whether or |
2 | | not to issue an order of protection, shall not require |
3 | | physical manifestations of abuse on the person of the victim. |
4 | | Modification and extension of prior orders of protection shall |
5 | | be in accordance with this Act. |
6 | | (b) Remedies and standards. The remedies to be included in |
7 | | an order of protection shall be determined in accordance with |
8 | | this Section and one of the following Sections, as |
9 | | appropriate: Section 217 on emergency orders, Section 218 on |
10 | | interim orders, and Section 219 on plenary orders. The |
11 | | remedies listed in this subsection shall be in addition to |
12 | | other 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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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1 | | protection prohibits respondent from having contact with |
2 | | the minor child, or if petitioner's address is omitted |
3 | | under subsection (b) of Section 203, or if necessary to |
4 | | prevent abuse or wrongful removal or concealment of a |
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 |
5 | | that the balance of hardships does not support the granting of |
6 | | a remedy governed by paragraph (2), (3), (10), (11), or (16) of |
7 | | subsection (b) of this Section, which may require such |
8 | | balancing, the court's findings shall so indicate and shall |
9 | | include a finding as to whether granting the remedy will |
10 | | result in hardship to respondent that would substantially |
11 | | outweigh the hardship to petitioner from denial of the remedy. |
12 | | The findings shall be an official record or in writing. |
13 | | (e) Denial of remedies. Denial of any remedy shall not be |
14 | | based, 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 |
14 | | protection, the clerk shall immediately (i) enter the order on |
15 | | the record and file it in accordance with the circuit court |
16 | | procedures and (ii) provide a file stamped copy of the order to |
17 | | respondent, if present, and to petitioner. |
18 | | (b) Filing with sheriff or other law enforcement |
19 | | officials . The clerk of the issuing judge shall, or the |
20 | | petitioner may, on the same day that an order of protection is |
21 | | issued, file a certified copy of that order with the sheriff or |
22 | | other law enforcement officials charged with maintaining |
23 | | Illinois State Police records or charged with serving the |
24 | | order upon respondent or executing any search warrant issued |
25 | | under paragraph (14.5) of subsection (b) of Section 214 of |
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1 | | this Act. If a search warrant is issued under paragraph (14.5) |
2 | | of subsection (b) of Section 214 of this Act, the clerk of the |
3 | | issuing judge shall, or the petitioner may, on the same day |
4 | | that the warrant is issued, transmit the warrant to the law |
5 | | enforcement agency to which the warrant is directed . If the |
6 | | respondent, at the time of the issuance of the order, is |
7 | | committed to the custody of the Illinois Department of |
8 | | Corrections or Illinois Department of Juvenile Justice or is |
9 | | on parole, aftercare release, or mandatory supervised release, |
10 | | the sheriff or other law enforcement officials charged with |
11 | | maintaining Illinois State Police records shall notify the |
12 | | Department of Corrections or Department of Juvenile Justice |
13 | | within 48 hours of receipt of a copy of the order of protection |
14 | | from the clerk of the issuing judge or the petitioner. Such |
15 | | notice shall include the name of the respondent, the |
16 | | respondent's IDOC inmate number or IDJJ youth identification |
17 | | number, the respondent's date of birth, and the LEADS Record |
18 | | Index Number. |
19 | | (c) Service by sheriff. Unless respondent was present in |
20 | | court when the order was issued, the sheriff, other law |
21 | | enforcement official or special process server shall promptly |
22 | | serve that order upon respondent and file proof of such |
23 | | service, in the manner provided for service of process in |
24 | | civil proceedings. Instead of serving the order upon the |
25 | | respondent, however, the sheriff, other law enforcement |
26 | | official, special process server, or other persons defined in |
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1 | | Section 222.10 may serve the respondent with a short form |
2 | | notification as provided in Section 222.10. If process has not |
3 | | yet been served upon the respondent, it shall be served with |
4 | | the order or short form notification if such service is made by |
5 | | the sheriff, other law enforcement official, or special |
6 | | process server. A single fee may be charged for service of an |
7 | | order obtained in civil court, or for service of such an order |
8 | | together with process, unless waived or deferred under Section |
9 | | 210. |
10 | | (c-5) If the person against whom the order of protection |
11 | | is issued is arrested and the written order is issued in |
12 | | accordance with subsection (c) of Section 217 and received by |
13 | | the custodial law enforcement agency before the respondent or |
14 | | arrestee is released from custody, the custodial law |
15 | | enforcement agent shall promptly serve the order upon the |
16 | | respondent or arrestee before the respondent or arrestee is |
17 | | released from custody. In no event shall detention of the |
18 | | respondent or arrestee be extended for hearing on the petition |
19 | | for order of protection or receipt of the order issued under |
20 | | Section 217 of this Act. |
21 | | (d) Extensions, modifications and revocations. Any order |
22 | | extending, modifying or revoking any order of protection shall |
23 | | be promptly recorded, issued and served as provided in this |
24 | | Section. |
25 | | (e) Notice to schools. Upon the request of the petitioner, |
26 | | within 24 hours of the issuance of an order of protection, the |
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1 | | clerk of the issuing judge shall send a certified copy of the |
2 | | order of protection to the day-care facility, pre-school or |
3 | | pre-kindergarten, or private school or the principal office of |
4 | | the public school district or any college or university in |
5 | | which any child who is a protected person under the order of |
6 | | protection or any child of the petitioner is enrolled as |
7 | | requested by the petitioner at the mailing address provided by |
8 | | the petitioner. If the child transfers enrollment to another |
9 | | day-care facility, pre-school, pre-kindergarten, private |
10 | | school, public school, college, or university, the petitioner |
11 | | may, within 24 hours of the transfer, send to the clerk written |
12 | | notice of the transfer, including the name and address of the |
13 | | institution to which the child is transferring. Within 24 |
14 | | hours of receipt of notice from the petitioner that a child is |
15 | | transferring to another day-care facility, pre-school, |
16 | | pre-kindergarten, private school, public school, college, or |
17 | | university, the clerk shall send a certified copy of the order |
18 | | to the institution to which the child is transferring. |
19 | | (f) Disclosure by schools. After receiving a certified |
20 | | copy of an order of protection that prohibits a respondent's |
21 | | access to records, neither a day-care facility, pre-school, |
22 | | pre-kindergarten, public or private school, college, or |
23 | | university nor its employees shall allow a respondent access |
24 | | to a protected child's records or release information in those |
25 | | records to the respondent. The school shall file the copy of |
26 | | the order of protection in the records of a child who is a |
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1 | | protected person under the order of protection. When a child |
2 | | who is a protected person under the order of protection |
3 | | transfers to another day-care facility, pre-school, |
4 | | pre-kindergarten, public or private school, college, or |
5 | | university, the institution from which the child is |
6 | | transferring may, at the request of the petitioner, provide, |
7 | | within 24 hours of the transfer, written notice of the order of |
8 | | protection, along with a certified copy of the order, to the |
9 | | institution to which the child is transferring. |
10 | | (g) Notice to health care facilities and health care |
11 | | practitioners. Upon the request of the petitioner, the clerk |
12 | | of the circuit court shall send a certified copy of the order |
13 | | of protection to any specified health care facility or health |
14 | | care practitioner requested by the petitioner at the mailing |
15 | | address provided by the petitioner. |
16 | | (h) Disclosure by health care facilities and health care |
17 | | practitioners. After receiving a certified copy of an order of |
18 | | protection that prohibits a respondent's access to records, no |
19 | | health care facility or health care practitioner shall allow a |
20 | | respondent access to the records of any child who is a |
21 | | protected person under the order of protection, or release |
22 | | information in those records to the respondent, unless the |
23 | | order has expired or the respondent shows a certified copy of |
24 | | the court order vacating the corresponding order of protection |
25 | | that was sent to the health care facility or practitioner. |
26 | | Nothing in this Section shall be construed to require health |
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1 | | care facilities or health care practitioners to alter |
2 | | procedures related to billing and payment. The health care |
3 | | facility or health care practitioner may file the copy of the |
4 | | order of protection in the records of a child who is a |
5 | | protected person under the order of protection, or may employ |
6 | | any other method to identify the records to which a respondent |
7 | | is prohibited access. No health care facility or health care |
8 | | practitioner shall be civilly or professionally liable for |
9 | | reliance on a copy of an order of protection, except for |
10 | | willful 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 |
14 | | omission or commission by any law enforcement officer acting |
15 | | in good faith in rendering emergency assistance , executing |
16 | | search warrants under this Act, or otherwise enforcing this |
17 | | Act shall not impose civil liability upon the law enforcement |
18 | | officer or his or her supervisor or employer, unless the act is |
19 | | a result of willful or wanton misconduct. |
20 | | (Source: P.A. 84-1305.) |
21 | | Section 99. Effective date. This Act takes effect 90 days |
22 | | after becoming law. |