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92_SB0938eng SB938 Engrossed LRB9204069RCdv 1 AN ACT in relation to domestic violence. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Criminal Procedure of 1963 is 5 amended by changing Section 112A-3 as follows: 6 (725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3) 7 Sec. 112A-3. Definitions. For the purposes of this 8 Article, the following terms shall have the following 9 meanings: 10 (1) "Abuse" means physical abuse, harassment, 11 intimidation of a dependent, interference with personal 12 liberty or willful deprivation but does not include 13 reasonable direction of a minor child by a parent or person 14 in loco parentis. 15 (2) "Domestic violence" means abuse as described in 16 paragraph (1). 17 (3) "Family or household members" include spouses, 18 former spouses, parents, children, stepchildren and other 19 persons related by blood or by present or prior marriage, 20 persons who share or formerly shared a common dwelling, 21 persons who have or allegedly have a child in common, persons 22 who share or allegedly share a blood relationship through a 23 child, persons who have or have had a dating or engagement 24 relationship,andpersons with disabilities and their 25 personal assistants, and caregivers as defined in paragraph 26 (3) of subsection (b) of Section 12-21 of the Criminal Code 27 of 1961. For purposes of this paragraph, neither a casual 28 acquaintanceship nor ordinary fraternization between 2 29 individuals in business or social contexts shall be deemed to 30 constitute a dating relationship. 31 (4) "Harassment" means knowing conduct which is not SB938 Engrossed -2- LRB9204069RCdv 1 necessary to accomplish a purpose which is reasonable under 2 the circumstances; would cause a reasonable person emotional 3 distress; and does cause emotional distress to the 4 petitioner. Unless the presumption is rebutted by a 5 preponderance of the evidence, the following types of conduct 6 shall be presumed to cause emotional distress: 7 (i) creating a disturbance at petitioner's place of 8 employment or school; 9 (ii) repeatedly telephoning petitioner's place of 10 employment, home or residence; 11 (iii) repeatedly following petitioner about in a 12 public place or places; 13 (iv) repeatedly keeping petitioner under 14 surveillance by remaining present outside his or her 15 home, school, place of employment, vehicle or other place 16 occupied by petitioner or by peering in petitioner's 17 windows; 18 (v) improperly concealing a minor child from 19 petitioner, repeatedly threatening to improperly remove a 20 minor child of petitioner's from the jurisdiction or from 21 the physical care of petitioner, repeatedly threatening 22 to conceal a minor child from petitioner, or making a 23 single such threat following an actual or attempted 24 improper removal or concealment, unless respondent was 25 fleeing from an incident or pattern of domestic violence; 26 or 27 (vi) threatening physical force, confinement or 28 restraint on one or more occasions. 29 (5) "Interference with personal liberty" means 30 committing or threatening physical abuse, harassment, 31 intimidation or willful deprivation so as to compel another 32 to engage in conduct from which she or he has a right to 33 abstain or to refrain from conduct in which she or he has a 34 right to engage. SB938 Engrossed -3- LRB9204069RCdv 1 (6) "Intimidation of a dependent" means subjecting a 2 person who is dependent because of age, health or disability 3 to participation in or the witnessing of: physical force 4 against another or physical confinement or restraint of 5 another which constitutes physical abuse as defined in this 6 Article, regardless of whether the abused person is a family 7 or household member. 8 (7) "Order of protection" means an emergency order, 9 interim order or plenary order, granted pursuant to this 10 Article, which includes any or all of the remedies authorized 11 by Section 112A-14 of this Code. 12 (8) "Petitioner" may mean not only any named petitioner 13 for the order of protection and any named victim of abuse on 14 whose behalf the petition is brought, but also any other 15 person protected by this Article. 16 (9) "Physical abuse" includes sexual abuse and means any 17 of the following: 18 (i) knowing or reckless use of physical force, 19 confinement or restraint; 20 (ii) knowing, repeated and unnecessary sleep 21 deprivation; or 22 (iii) knowing or reckless conduct which creates an 23 immediate risk of physical harm. 24 (10) "Willful deprivation" means wilfully denying a 25 person who because of age, health or disability requires 26 medication, medical care, shelter, accessible shelter or 27 services, food, therapeutic device, or other physical 28 assistance, and thereby exposing that person to the risk of 29 physical, mental or emotional harm, except with regard to 30 medical care and treatment when such dependent person has 31 expressed the intent to forgo such medical care or treatment. 32 This paragraph does not create any new affirmative duty to 33 provide support to dependent persons. 34 (Source: P.A. 87-1186.) SB938 Engrossed -4- LRB9204069RCdv 1 Section 10. The Illinois Domestic Violence Act of 1986 2 is amended by changing Section 103 as follows: 3 (750 ILCS 60/103) (from Ch. 40, par. 2311-3) 4 Sec. 103. Definitions. For the purposes of this Act, 5 the following terms shall have the following meanings: 6 (1) "Abuse" means physical abuse, harassment, 7 intimidation of a dependent, interference with personal 8 liberty or willful deprivation but does not include 9 reasonable direction of a minor child by a parent or person 10 in loco parentis. 11 (2) "Adult with disabilities" means an elder adult with 12 disabilities or a high-risk adult with disabilities. A 13 person may be an adult with disabilities for purposes of this 14 Act even though he or she has never been adjudicated an 15 incompetent adult. However, no court proceeding may be 16 initiated or continued on behalf of an adult with 17 disabilities over that adult's objection, unless such 18 proceeding is approved by his or her legal guardian, if any. 19 (3) "Domestic violence" means abuse as defined in 20 paragraph (1). 21 (4) "Elder adult with disabilities" means an adult 22 prevented by advanced age from taking appropriate action to 23 protect himself or herself from abuse by a family or 24 household member. 25 (5) "Exploitation" means the illegal, including 26 tortious, use of a high-risk adult with disabilities or of 27 the assets or resources of a high-risk adult with 28 disabilities. Exploitation includes, but is not limited to, 29 the misappropriation of assets or resources of a high-risk 30 adult with disabilities by undue influence, by breach of a 31 fiduciary relationship, by fraud, deception, or extortion, or 32 the use of such assets or resources in a manner contrary to 33 law. SB938 Engrossed -5- LRB9204069RCdv 1 (6) "Family or household members" include spouses, 2 former spouses, parents, children, stepchildren and other 3 persons related by blood or by present or prior marriage, 4 persons who share or formerly shared a common dwelling, 5 persons who have or allegedly have a child in common, persons 6 who share or allegedly share a blood relationship through a 7 child, persons who have or have had a dating or engagement 8 relationship,andpersons with disabilities and their 9 personal assistants, and caregivers as defined in paragraph 10 (3) of subsection (b) of Section 12-21 of the Criminal Code 11 of 1961. For purposes of this paragraph, neither a casual 12 acquaintanceship nor ordinary fraternization between 2 13 individuals in business or social contexts shall be deemed to 14 constitute a dating relationship. In the case of a 15 high-risk adult with disabilities, "family or household 16 members" includes any person who has the responsibility for a 17 high-risk adult as a result of a family relationship or who 18 has assumed responsibility for all or a portion of the care 19 of a high-risk adult with disabilities voluntarily, or by 20 express or implied contract, or by court order. 21 (7) "Harassment" means knowing conduct which is not 22 necessary to accomplish a purpose that is reasonable under 23 the circumstances; would cause a reasonable person emotional 24 distress; and does cause emotional distress to the 25 petitioner. Unless the presumption is rebutted by a 26 preponderance of the evidence, the following types of conduct 27 shall be presumed to cause emotional distress: 28 (i) creating a disturbance at petitioner's place of 29 employment or school; 30 (ii) repeatedly telephoning petitioner's place of 31 employment, home or residence; 32 (iii) repeatedly following petitioner about in a 33 public place or places; 34 (iv) repeatedly keeping petitioner under SB938 Engrossed -6- LRB9204069RCdv 1 surveillance by remaining present outside his or her 2 home, school, place of employment, vehicle or other place 3 occupied by petitioner or by peering in petitioner's 4 windows; 5 (v) improperly concealing a minor child from 6 petitioner, repeatedly threatening to improperly remove a 7 minor child of petitioner's from the jurisdiction or from 8 the physical care of petitioner, repeatedly threatening 9 to conceal a minor child from petitioner, or making a 10 single such threat following an actual or attempted 11 improper removal or concealment, unless respondent was 12 fleeing an incident or pattern of domestic violence; or 13 (vi) threatening physical force, confinement or 14 restraint on one or more occasions. 15 (8) "High-risk adult with disabilities" means a person 16 aged 18 or over whose physical or mental disability impairs 17 his or her ability to seek or obtain protection from abuse, 18 neglect, or exploitation. 19 (9) "Interference with personal liberty" means 20 committing or threatening physical abuse, harassment, 21 intimidation or willful deprivation so as to compel another 22 to engage in conduct from which she or he has a right to 23 abstain or to refrain from conduct in which she or he has a 24 right to engage. 25 (10) "Intimidation of a dependent" means subjecting a 26 person who is dependent because of age, health or disability 27 to participation in or the witnessing of: physical force 28 against another or physical confinement or restraint of 29 another which constitutes physical abuse as defined in this 30 Act, regardless of whether the abused person is a family or 31 household member. 32 (11) (A) "Neglect" means the failure to exercise that 33 degree of care toward a high-risk adult with disabilities 34 which a reasonable person would exercise under the SB938 Engrossed -7- LRB9204069RCdv 1 circumstances and includes but is not limited to: 2 (i) the failure to take reasonable steps to protect 3 a high-risk adult with disabilities from acts of abuse; 4 (ii) the repeated, careless imposition of 5 unreasonable confinement; 6 (iii) the failure to provide food, shelter, 7 clothing, and personal hygiene to a high-risk adult with 8 disabilities who requires such assistance; 9 (iv) the failure to provide medical and 10 rehabilitative care for the physical and mental health 11 needs of a high-risk adult with disabilities; or 12 (v) the failure to protect a high-risk adult with 13 disabilities from health and safety hazards. 14 (B) Nothing in this subsection (10) shall be construed 15 to impose a requirement that assistance be provided to a 16 high-risk adult with disabilities over his or her objection 17 in the absence of a court order, nor to create any new 18 affirmative duty to provide support to a high-risk adult with 19 disabilities. 20 (12) "Order of protection" means an emergency order, 21 interim order or plenary order, granted pursuant to this Act, 22 which includes any or all of the remedies authorized by 23 Section 214 of this Act. 24 (13) "Petitioner" may mean not only any named petitioner 25 for the order of protection and any named victim of abuse on 26 whose behalf the petition is brought, but also any other 27 person protected by this Act. 28 (14) "Physical abuse" includes sexual abuse and means 29 any of the following: 30 (i) knowing or reckless use of physical force, 31 confinement or restraint; 32 (ii) knowing, repeated and unnecessary sleep 33 deprivation; or 34 (iii) knowing or reckless conduct which creates an SB938 Engrossed -8- LRB9204069RCdv 1 immediate risk of physical harm. 2 (15) "Willful deprivation" means wilfully denying a 3 person who because of age, health or disability requires 4 medication, medical care, shelter, accessible shelter or 5 services, food, therapeutic device, or other physical 6 assistance, and thereby exposing that person to the risk of 7 physical, mental or emotional harm, except with regard to 8 medical care or treatment when the dependent person has 9 expressed an intent to forgo such medical care or treatment. 10 This paragraph does not create any new affirmative duty to 11 provide support to dependent persons. 12 (Source: P.A. 86-542; 87-1186.)