101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3142

Introduced , by Rep. Brad Halbrook

SYNOPSIS AS INTRODUCED:

`720 ILCS 5/24-6`	`from Ch. 38, par. 24-6`
`725 ILCS 5/112A-14`	`from Ch. 38, par. 112A-14`
`750 ILCS 60/214`	`from Ch. 40, par. 2312-14`
`765 ILCS 1030/2`	`from Ch. 141, par. 142`

Amends the Criminal Code of 2012. Provides that after the
disposition

of a criminal case or in any criminal case where a final judgment
in the

case was not entered due to the death of the defendant, and when a

confiscated weapon is no longer needed for evidentiary purposes, and when

in
due course no legitimate claim has been made for the weapon, a weapon

transferred to a law enforcement agency may be sold by the law enforcement agency at public auction under the Law Enforcement Disposition of Property Act. Amends the Domestic Violence: Order of Protection Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that upon expiration of the period of safekeeping of a firearm of a respondent against whom an order of protection was issued, if the firearms or Firearm Owner's Identification Card cannot be returned to respondent because the respondent cannot be located, fails to respond to requests to retrieve the firearms, or is not lawfully eligible to possess a firearm, upon petition from the local law enforcement agency, the court may order the local law enforcement agency to sell the firearm at public auction under the provisions of the Law Enforcement Disposition of Property Act. Amends the Law Enforcement Disposition of Property Act. Provides that

weapons that have been confiscated as a result of having been
abandoned or

illegally possessed may be
sold at public auction under the Act.

LRB101 04618 SLF 49626 b

A BILL FOR

HB3142

LRB101 04618 SLF 49626 b

1 AN ACT concerning criminal law.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Section 5. The Criminal Code of 2012 is amended by changing

5 Section 24-6 as follows:

6 (720 ILCS 5/24-6) (from Ch. 38, par. 24-6)

7 Sec. 24-6. Confiscation and disposition of weapons.

8 (a) Upon conviction of an offense in which a weapon was

9 used or possessed by the offender, any weapon seized shall be

10 confiscated by the trial court.

11 (b) Any stolen weapon so confiscated, when no longer needed

12 for evidentiary purposes, shall be returned to the person

13 entitled to possession, if known. After the disposition of a

14 criminal case or in any criminal case where a final judgment in

15 the case was not entered due to the death of the defendant, and

16 when a confiscated weapon is no longer needed for evidentiary

17 purposes, and when in due course no legitimate claim has been

18 made for the weapon, the court may transfer the weapon to the

19 sheriff of the county who may proceed to destroy it, or may in

20 its discretion order the weapon preserved as property of the

21 governmental body whose police agency seized the weapon, or may

22 in its discretion order the weapon to be transferred to the

23 Department of State Police for use by the crime laboratory

HB3142

- 2 -

LRB101 04618 SLF 49626 b

1 system, for training purposes, or for any other application as

2 deemed appropriate by the Department.A weapon transferred to a

3 law enforcement agency under this Section may be sold by the

4 law enforcement agency at public auction under Section 3 of the

5 Law Enforcement Disposition of Property Act. If, after the

6 disposition of a criminal case, a need still exists for the use

7 of the confiscated weapon for evidentiary purposes, the court

8 may transfer the weapon to the custody of the State Department

9 of Corrections for preservation. The court may not order the

10 transfer of the weapon to any private individual or private

11 organization other than to return a stolen weapon to its

12 rightful owner.

13 The provisions of this Section shall not apply to

14 violations of the Fish and Aquatic Life Code or the Wildlife

15 Code. Confiscation of weapons for Fish and Aquatic Life Code

16 and Wildlife Code violations shall be only as provided in those

17 Codes.

18 (c) Any mental hospital that admits a person as an

19 inpatient pursuant to any of the provisions of the Mental

20 Health and Developmental Disabilities Code shall confiscate

21 any firearms in the possession of that person at the time of

22 admission, or at any time the firearms are discovered in the

23 person's possession during the course of hospitalization. The

24 hospital shall, as soon as possible following confiscation,

25 transfer custody of the firearms to the appropriate law

26 enforcement agency. The hospital shall give written notice to

HB3142

- 3 -

LRB101 04618 SLF 49626 b

1 the person from whom the firearm was confiscated of the

2 identity and address of the law enforcement agency to which it

3 has given the firearm.

4 The law enforcement agency shall maintain possession of any

5 firearm it obtains pursuant to this subsection for a minimum of

6 90 days. Thereafter, the firearm may be disposed of pursuant to

7 the provisions of subsection (b) of this Section.

8 (Source: P.A. 91-696, eff. 4-13-00.)

9 Section 10. The Code of Criminal Procedure of 1963 is

10 amended by changing Section 112A-14 as follows:

11 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

12 Sec. 112A-14. Domestic violence order of protection;

13 remedies.

14 (a) (Blank).

15 (b) The court may order any of the remedies listed in this

16 subsection (b). The remedies listed in this subsection (b)

17 shall be in addition to other civil or criminal remedies

18 available to petitioner.

19 (1) Prohibition of abuse. Prohibit respondent's

20 harassment, interference with personal liberty,

21 intimidation of a dependent, physical abuse, or willful

22 deprivation, as defined in this Article, if such abuse has

23 occurred or otherwise appears likely to occur if not

24 prohibited.

HB3142

- 4 -

LRB101 04618 SLF 49626 b

1 (2) Grant of exclusive possession of residence.

2 Prohibit respondent from entering or remaining in any

3 residence, household, or premises of the petitioner,

4 including one owned or leased by respondent, if petitioner

5 has a right to occupancy thereof. The grant of exclusive

6 possession of the residence, household, or premises shall

7 not affect title to real property, nor shall the court be

8 limited by the standard set forth in subsection (c-2) of

9 Section 501 of the Illinois Marriage and Dissolution of

10 Marriage Act.

11 (A) Right to occupancy. A party has a right to

12 occupancy of a residence or household if it is solely

13 or jointly owned or leased by that party, that party's

14 spouse, a person with a legal duty to support that

15 party or a minor child in that party's care, or by any

16 person or entity other than the opposing party that

17 authorizes that party's occupancy (e.g., a domestic

18 violence shelter). Standards set forth in subparagraph

19 (B) shall not preclude equitable relief.

20 (B) Presumption of hardships. If petitioner and

21 respondent each has the right to occupancy of a

22 residence or household, the court shall balance (i) the

23 hardships to respondent and any minor child or

24 dependent adult in respondent's care resulting from

25 entry of this remedy with (ii) the hardships to

26 petitioner and any minor child or dependent adult in

HB3142

- 5 -

LRB101 04618 SLF 49626 b

1 petitioner's care resulting from continued exposure to

2 the risk of abuse (should petitioner remain at the

3 residence or household) or from loss of possession of

4 the residence or household (should petitioner leave to

5 avoid the risk of abuse). When determining the balance

6 of hardships, the court shall also take into account

7 the accessibility of the residence or household.

8 Hardships need not be balanced if respondent does not

9 have a right to occupancy.

10 The balance of hardships is presumed to favor

11 possession by petitioner unless the presumption is

12 rebutted by a preponderance of the evidence, showing

13 that the hardships to respondent substantially

14 outweigh the hardships to petitioner and any minor

15 child or dependent adult in petitioner's care. The

16 court, on the request of petitioner or on its own

17 motion, may order respondent to provide suitable,

18 accessible, alternate housing for petitioner instead

19 of excluding respondent from a mutual residence or

20 household.

21 (3) Stay away order and additional prohibitions. Order

22 respondent to stay away from petitioner or any other person

23 protected by the domestic violence order of protection, or

24 prohibit respondent from entering or remaining present at

25 petitioner's school, place of employment, or other

26 specified places at times when petitioner is present, or

HB3142

- 6 -

LRB101 04618 SLF 49626 b

1 both, if reasonable, given the balance of hardships.

2 Hardships need not be balanced for the court to enter a

3 stay away order or prohibit entry if respondent has no

4 right to enter the premises.

5 (A) If a domestic violence order of protection

6 grants petitioner exclusive possession of the

7 residence, prohibits respondent from entering the

8 residence, or orders respondent to stay away from

9 petitioner or other protected persons, then the court

10 may allow respondent access to the residence to remove

11 items of clothing and personal adornment used

12 exclusively by respondent, medications, and other

13 items as the court directs. The right to access shall

14 be exercised on only one occasion as the court directs

15 and in the presence of an agreed-upon adult third party

16 or law enforcement officer.

17 (B) When the petitioner and the respondent attend

18 the same public, private, or non-public elementary,

19 middle, or high school, the court when issuing a

20 domestic violence order of protection and providing

21 relief shall consider the severity of the act, any

22 continuing physical danger or emotional distress to

23 the petitioner, the educational rights guaranteed to

24 the petitioner and respondent under federal and State

25 law, the availability of a transfer of the respondent

26 to another school, a change of placement or a change of

HB3142

- 7 -

LRB101 04618 SLF 49626 b

1 program of the respondent, the expense, difficulty,

2 and educational disruption that would be caused by a

3 transfer of the respondent to another school, and any

4 other relevant facts of the case. The court may order

5 that the respondent not attend the public, private, or

6 non-public elementary, middle, or high school attended

7 by the petitioner, order that the respondent accept a

8 change of placement or change of program, as determined

9 by the school district or private or non-public school,

10 or place restrictions on the respondent's movements

11 within the school attended by the petitioner. The

12 respondent bears the burden of proving by a

13 preponderance of the evidence that a transfer, change

14 of placement, or change of program of the respondent is

15 not available. The respondent also bears the burden of

16 production with respect to the expense, difficulty,

17 and educational disruption that would be caused by a

18 transfer of the respondent to another school. A

19 transfer, change of placement, or change of program is

20 not unavailable to the respondent solely on the ground

21 that the respondent does not agree with the school

22 district's or private or non-public school's transfer,

23 change of placement, or change of program or solely on

24 the ground that the respondent fails or refuses to

25 consent or otherwise does not take an action required

26 to effectuate a transfer, change of placement, or

HB3142

- 8 -

LRB101 04618 SLF 49626 b

1 change of program. When a court orders a respondent to

2 stay away from the public, private, or non-public

3 school attended by the petitioner and the respondent

4 requests a transfer to another attendance center

5 within the respondent's school district or private or

6 non-public school, the school district or private or

7 non-public school shall have sole discretion to

8 determine the attendance center to which the

9 respondent is transferred. If the court order results

10 in a transfer of the minor respondent to another

11 attendance center, a change in the respondent's

12 placement, or a change of the respondent's program, the

13 parents, guardian, or legal custodian of the

14 respondent is responsible for transportation and other

15 costs associated with the 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

HB3142

- 9 -

LRB101 04618 SLF 49626 b

1 worker, psychologist, clinical psychologist, psychiatrist,

2 family service agency, alcohol or substance abuse program,

3 mental health center guidance counselor, agency providing

4 services to elders, program designed for domestic violence

5 abusers, or any other guidance service the court deems

6 appropriate. The court may order the respondent in any

7 intimate partner relationship to report to an Illinois

8 Department of Human Services protocol approved partner

9 abuse intervention program for an assessment and to follow

10 all recommended treatment.

11 (5) Physical care and possession of the minor child. In

12 order to protect the minor child from abuse, neglect, or

13 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 interest.

25 (6) Temporary allocation of parental responsibilities

26 and significant decision-making responsibilities. Award

HB3142

- 10 -

LRB101 04618 SLF 49626 b

1 temporary significant decision-making responsibility to

2 petitioner in accordance with this Section, the Illinois

3 Marriage and Dissolution of Marriage Act, the Illinois

4 Parentage Act of 2015, and this State's Uniform

5 Child-Custody Jurisdiction and Enforcement Act.

6 If the respondent is charged with abuse (as defined in

7 Section 112A-3 of this Code) of a minor child, there shall

8 be a rebuttable presumption that awarding temporary

9 significant decision-making responsibility to respondent

10 would not be in the child's best interest.

11 (7) Parenting time. Determine the parenting time, if

12 any, of respondent in any case in which the court awards

13 physical care or temporary significant decision-making

14 responsibility of a minor child to petitioner. The court

15 shall restrict or deny respondent's parenting time with a

16 minor child if the court finds that respondent has done or

17 is likely to do any of the following:

18 (i) abuse or endanger the minor child during

19 parenting time;

20 (ii) use the parenting time as an opportunity to

21 abuse or harass petitioner or petitioner's family or

22 household members;

23 (iii) improperly conceal or detain the minor

24 child; or

25 (iv) otherwise act in a manner that is not in the

26 best interests of the minor child.

HB3142

- 11 -

LRB101 04618 SLF 49626 b

1 The court shall not be limited by the standards set

2 forth in Section 603.10 of the Illinois Marriage and

3 Dissolution of Marriage Act. If the court grants parenting

4 time, the order shall specify dates and times for the

5 parenting time to take place or other specific parameters

6 or conditions that are appropriate. No order for parenting

7 time shall refer merely to the term "reasonable parenting

8 time". Petitioner may deny respondent access to the minor

9 child if, when respondent arrives for parenting time,

10 respondent is under the influence of drugs or alcohol and

11 constitutes a threat to the safety and well-being of

12 petitioner or petitioner's minor children or is behaving in

13 a violent or abusive manner. If necessary to protect any

14 member of petitioner's family or household from future

15 abuse, respondent shall be prohibited from coming to

16 petitioner's residence to meet the minor child for

17 parenting time, and the petitioner and respondent shall

18 submit to the court their recommendations for reasonable

19 alternative arrangements for parenting time. A person may

20 be approved to supervise parenting time only after filing

21 an affidavit accepting that responsibility and

22 acknowledging accountability to the court.

23 (8) Removal or concealment of minor child. Prohibit

24 respondent from removing a minor child from the State or

25 concealing the child within the State.

26 (9) Order to appear. Order the respondent to appear in

HB3142

- 12 -

LRB101 04618 SLF 49626 b

1 court, alone or with a minor child, to prevent abuse,

2 neglect, removal or concealment of the child, to return the

3 child to the custody or care of the petitioner, or to

4 permit any court-ordered interview or examination of the

5 child or the respondent.

6 (10) Possession of personal property. Grant petitioner

7 exclusive possession of personal property and, if

8 respondent has possession or control, direct respondent to

9 promptly make it available to petitioner, if:

10 (i) petitioner, but not respondent, owns the

11 property; or

12 (ii) the petitioner and respondent own the

13 property jointly; sharing it would risk abuse of

14 petitioner by respondent or is impracticable; and the

15 balance of hardships favors temporary possession by

16 petitioner.

17 If petitioner's sole claim to ownership of the property

18 is that it is marital property, the court may award

19 petitioner temporary possession thereof under the

20 standards of subparagraph (ii) of this paragraph only if a

21 proper proceeding has been filed under the Illinois

22 Marriage and Dissolution of Marriage Act, as now or

23 hereafter amended.

24 No order under this provision shall affect title to

25 property.

26 (11) Protection of property. Forbid the respondent

HB3142

- 13 -

LRB101 04618 SLF 49626 b

1 from taking, transferring, encumbering, concealing,

2 damaging, or otherwise disposing of any real or personal

3 property, except as explicitly authorized by the court, if:

4 (i) petitioner, but not respondent, owns the

5 property; or

6 (ii) the petitioner and respondent own the

7 property jointly, and the balance of hardships favors

8 granting this remedy.

9 If petitioner's sole claim to ownership of the property

10 is that it is marital property, the court may grant

11 petitioner relief under subparagraph (ii) of this

12 paragraph only if a proper proceeding has been filed under

13 the Illinois Marriage and Dissolution of Marriage Act, as

14 now or hereafter amended.

15 The court may further prohibit respondent from

16 improperly using the financial or other resources of an

17 aged member of the family or household for the profit or

18 advantage of respondent or of any other person.

19 (11.5) Protection of animals. Grant the petitioner the

20 exclusive care, custody, or control of any animal owned,

21 possessed, leased, kept, or held by either the petitioner

22 or the respondent or a minor child residing in the

23 residence or household of either the petitioner or the

24 respondent and order the respondent to stay away from the

25 animal and forbid the respondent from taking,

26 transferring, encumbering, concealing, harming, or

HB3142

- 14 -

LRB101 04618 SLF 49626 b

1 otherwise disposing of the animal.

2 (12) Order for payment of support. Order respondent to

3 pay temporary support for the petitioner or any child in

4 the petitioner's care or over whom the petitioner has been

5 allocated parental responsibility, when the respondent has

6 a legal obligation to support that person, in accordance

7 with the Illinois Marriage and Dissolution of Marriage Act,

8 which shall govern, among other matters, the amount of

9 support, payment through the clerk and withholding of

10 income to secure payment. An order for child support may be

11 granted to a petitioner with lawful physical care of a

12 child, or an order or agreement for physical care of a

13 child, prior to entry of an order allocating significant

14 decision-making responsibility. Such a support order shall

15 expire upon entry of a valid order allocating parental

16 responsibility differently and vacating petitioner's

17 significant decision-making responsibility unless

18 otherwise provided in the order.

19 (13) Order for payment of losses. Order respondent to

20 pay petitioner for losses suffered as a direct result of

21 the abuse. Such losses shall include, but not be limited

22 to, medical expenses, lost earnings or other support,

23 repair or replacement of property damaged or taken,

24 reasonable attorney's fees, court costs, and moving or

25 other travel expenses, including additional reasonable

26 expenses for temporary shelter and restaurant meals.

HB3142

- 15 -

LRB101 04618 SLF 49626 b

1 (i) Losses affecting family needs. If a party is

2 entitled to seek maintenance, child support, or

3 property distribution from the other party under the

4 Illinois Marriage and Dissolution of Marriage Act, as

5 now or hereafter amended, the court may order

6 respondent to reimburse petitioner's actual losses, to

7 the extent that such reimbursement would be

8 "appropriate temporary relief", as authorized by

9 subsection (a)(3) of Section 501 of that Act.

10 (ii) Recovery of expenses. In the case of an

11 improper concealment or removal of a minor child, the

12 court may order respondent to pay the reasonable

13 expenses incurred or to be incurred in the search for

14 and recovery of the minor child, including, but not

15 limited to, legal fees, court costs, private

16 investigator fees, and travel costs.

17 (14) Prohibition of entry. Prohibit the respondent

18 from entering or remaining in the residence or household

19 while the respondent is under the influence of alcohol or

20 drugs and constitutes a threat to the safety and well-being

21 of the petitioner or the petitioner's children.

22 (14.5) Prohibition of firearm possession.

23 (A) A person who is subject to an existing domestic

24 violence order of protection issued under this Code may

25 not lawfully possess weapons under Section 8.2 of the

26 Firearm Owners Identification Card Act.

HB3142

- 16 -

LRB101 04618 SLF 49626 b

1 (B) Any firearms in the possession of the

2 respondent, except as provided in subparagraph (C) of

3 this paragraph (14.5), shall be ordered by the court to

4 be turned over to a person with a valid Firearm Owner's

5 Identification Card for safekeeping. The court shall

6 issue an order that the respondent's Firearm Owner's

7 Identification Card be turned over to the local law

8 enforcement agency, which in turn shall immediately

9 mail the card to the Department of State Police Firearm

10 Owner's Identification Card Office for safekeeping.

11 The period of safekeeping shall be for the duration of

12 the domestic violence order of protection. The firearm

13 or firearms and Firearm Owner's Identification Card,

14 if unexpired, shall at the respondent's request be

15 returned to the respondent at expiration of the

16 domestic violence order of protection.

17 (C) If the respondent is a peace officer as defined

18 in Section 2-13 of the Criminal Code of 2012, the court

19 shall order that any firearms used by the respondent in

20 the performance of his or her duties as a peace officer

21 be surrendered to the chief law enforcement executive

22 of the agency in which the respondent is employed, who

23 shall retain the firearms for safekeeping for the

24 duration of the domestic violence order of protection.

25 (D) Upon expiration of the period of safekeeping,

26 if the firearms or Firearm Owner's Identification Card

HB3142

- 17 -

LRB101 04618 SLF 49626 b

1 cannot be returned to respondent because respondent

2 cannot be located, fails to respond to requests to

3 retrieve the firearms, or is not lawfully eligible to

4 possess a firearm, upon petition from the local law

5 enforcement agency, the court may order the local law

6 enforcement agency to destroy the firearms, use the

7 firearms for training purposes, or for any other

8 application as deemed appropriate by the local law

9 enforcement agency, including a sale at public auction

10 under the provisions of the Law Enforcement

11 Disposition of Property Act; or that the firearms be

12 turned over to a third party who is lawfully eligible

13 to possess firearms, and who does not reside with

14 respondent.

15 (15) Prohibition of access to records. If a domestic

16 violence order of protection prohibits respondent from

17 having contact with the minor child, or if petitioner's

18 address is omitted under subsection (b) of Section 112A-5

19 of this Code, or if necessary to prevent abuse or wrongful

20 removal or concealment of a minor child, the order shall

21 deny respondent access to, and prohibit respondent from

22 inspecting, obtaining, or attempting to inspect or obtain,

23 school or any other records of the minor child who is in

24 the care of petitioner.

25 (16) Order for payment of shelter services. Order

26 respondent to reimburse a shelter providing temporary

HB3142

- 18 -

LRB101 04618 SLF 49626 b

1 housing and counseling services to the petitioner for the

2 cost of the services, as certified by the shelter and

3 deemed reasonable by the court.

4 (17) Order for injunctive relief. Enter injunctive

5 relief necessary or appropriate to prevent further abuse of

6 a family or household member or to effectuate one of the

7 granted remedies, if supported by the balance of hardships.

8 If the harm to be prevented by the injunction is abuse or

9 any other harm that one of the remedies listed in

10 paragraphs (1) through (16) of this subsection is designed

11 to prevent, no further evidence is necessary to establish

12 that the harm is an irreparable injury.

13 (18) Telephone services.

14 (A) Unless a condition described in subparagraph

15 (B) of this paragraph exists, the court may, upon

16 request by the petitioner, order a wireless telephone

17 service provider to transfer to the petitioner the

18 right to continue to use a telephone number or numbers

19 indicated by the petitioner and the financial

20 responsibility associated with the number or numbers,

21 as set forth in subparagraph (C) of this paragraph. In

22 this paragraph (18), the term "wireless telephone

23 service provider" means a provider of commercial

24 mobile service as defined in 47 U.S.C. 332. The

25 petitioner may request the transfer of each telephone

26 number that the petitioner, or a minor child in his or

HB3142

- 19 -

LRB101 04618 SLF 49626 b

1 her custody, uses. The clerk of the court shall serve

2 the order on the wireless telephone service provider's

3 agent for service of process provided to the Illinois

4 Commerce Commission. The order shall contain all of the

5 following:

6 (i) The name and billing telephone number of

7 the account holder including the name of the

8 wireless telephone service provider that serves

9 the account.

10 (ii) Each telephone number that will be

11 transferred.

12 (iii) A statement that the provider transfers

13 to the petitioner all financial responsibility for

14 and right to the use of any telephone number

15 transferred under this paragraph.

16 (B) A wireless telephone service provider shall

17 terminate the respondent's use of, and shall transfer

18 to the petitioner use of, the telephone number or

19 numbers indicated in subparagraph (A) of this

20 paragraph unless it notifies the petitioner, within 72

21 hours after it receives the order, that one of the

22 following applies:

23 (i) The account holder named in the order has

24 terminated the account.

25 (ii) A difference in network technology would

26 prevent or impair the functionality of a device on

HB3142

- 20 -

LRB101 04618 SLF 49626 b

1 a network if the transfer occurs.

2 (iii) The transfer would cause a geographic or

3 other limitation on network or service provision

4 to the petitioner.

5 (iv) Another technological or operational

6 issue would prevent or impair the use of the

7 telephone number if the transfer occurs.

8 (C) The petitioner assumes all financial

9 responsibility for and right to the use of any

10 telephone number transferred under this paragraph. In

11 this paragraph, "financial responsibility" includes

12 monthly service costs and costs associated with any

13 mobile device associated with the number.

14 (D) A wireless telephone service provider may

15 apply to the petitioner its routine and customary

16 requirements for establishing an account or

17 transferring a number, including requiring the

18 petitioner to provide proof of identification,

19 financial information, and customer preferences.

20 (E) Except for willful or wanton misconduct, a

21 wireless telephone service provider is immune from

22 civil liability for its actions taken in compliance

23 with a court order issued under this paragraph.

24 (F) All wireless service providers that provide

25 services to residential customers shall provide to the

26 Illinois Commerce Commission the name and address of an

HB3142

- 21 -

LRB101 04618 SLF 49626 b

1 agent for service of orders entered under this

2 paragraph (18). Any change in status of the registered

3 agent must be reported to the Illinois Commerce

4 Commission within 30 days of such change.

5 (G) The Illinois Commerce Commission shall

6 maintain the list of registered agents for service for

7 each wireless telephone service provider on the

8 Commission's website. The Commission may consult with

9 wireless telephone service providers and the Circuit

10 Court Clerks on the manner in which this information is

11 provided and displayed.

12 (c) Relevant factors; findings.

13 (1) In determining whether to grant a specific remedy,

14 other than payment of support, the court shall consider

15 relevant factors, including, but not limited to, the

16 following:

17 (i) the nature, frequency, severity, pattern, and

18 consequences of the respondent's past abuse of the

19 petitioner or any family or household member,

20 including the concealment of his or her location in

21 order to evade service of process or notice, and the

22 likelihood of danger of future abuse to petitioner or

23 any member of petitioner's or respondent's family or

24 household; and

25 (ii) the danger that any minor child will be abused

26 or neglected or improperly relocated from the

HB3142

- 22 -

LRB101 04618 SLF 49626 b

1 jurisdiction, improperly concealed within the State,

2 or improperly separated from the child's primary

3 caretaker.

4 (2) In comparing relative hardships resulting to the

5 parties from loss of possession of the family home, the

6 court shall consider relevant factors, including, but not

7 limited to, the following:

8 (i) availability, accessibility, cost, safety,

9 adequacy, location,and other characteristics of

10 alternate housing for each party and any minor child or

11 dependent adult in the party's care;

12 (ii) the effect on the party's employment; and

13 (iii) the effect on the relationship of the party,

14 and any minor child or dependent adult in the party's

15 care, to family, school, church, and community.

16 (3) Subject to the exceptions set forth in paragraph

17 (4) of this subsection (c), the court shall make its

18 findings in an official record or in writing, and shall at

19 a minimum set forth the following:

20 (i) That the court has considered the applicable

21 relevant factors described in paragraphs (1) and (2) of

22 this subsection (c).

23 (ii) Whether the conduct or actions of respondent,

24 unless prohibited, will likely cause irreparable harm

25 or continued abuse.

26 (iii) Whether it is necessary to grant the

HB3142

- 23 -

LRB101 04618 SLF 49626 b

1 requested relief in order to protect petitioner or

2 other alleged abused persons.

3 (4) (Blank).

4 (5) Never married parties. No rights or

5 responsibilities for a minor child born outside of marriage

6 attach to a putative father until a father and child

7 relationship has been established under the Illinois

8 Parentage Act of 1984, the Illinois Parentage Act of 2015,

9 the Illinois Public Aid Code, Section 12 of the Vital

10 Records Act, the Juvenile Court Act of 1987, the Probate

11 Act of 1975, the Uniform Interstate Family Support Act, the

12 Expedited Child Support Act of 1990, any judicial,

13 administrative, or other act of another state or territory,

14 any other statute of this State, or by any foreign nation

15 establishing the father and child relationship, any other

16 proceeding substantially in conformity with the federal

17 Personal Responsibility and Work Opportunity

18 Reconciliation Act of 1996, or when both parties appeared

19 in open court or at an administrative hearing acknowledging

20 under oath or admitting by affirmation the existence of a

21 father and child relationship. Absent such an

22 adjudication, no putative father shall be granted

23 temporary allocation of parental responsibilities,

24 including parenting time with the minor child, or physical

25 care and possession of the minor child, nor shall an order

26 of payment for support of the minor child be entered.

HB3142

- 24 -

LRB101 04618 SLF 49626 b

1 (d) Balance of hardships; findings. If the court finds that

2 the balance of hardships does not support the granting of a

3 remedy governed by paragraph (2), (3), (10), (11), or (16) of

4 subsection (b) of this Section, which may require such

5 balancing, the court's findings shall so indicate and shall

6 include a finding as to whether granting the remedy will result

7 in hardship to respondent that would substantially outweigh the

8 hardship to petitioner from denial of the remedy. The findings

9 shall be an official record or in writing.

10 (e) Denial of remedies. Denial of any remedy shall not be

11 based, in whole or in part, on evidence that:

12 (1) respondent has cause for any use of force, unless

13 that cause satisfies the standards for justifiable use of

14 force provided by Article 7 of the Criminal Code of 2012;

15 (2) respondent was voluntarily intoxicated;

16 (3) petitioner acted in self-defense or defense of

17 another, provided that, if petitioner utilized force, such

18 force was justifiable under Article 7 of the Criminal Code

19 of 2012;

20 (4) petitioner did not act in self-defense or defense

21 of another;

22 (5) petitioner left the residence or household to avoid

23 further abuse by respondent;

24 (6) petitioner did not leave the residence or household

25 to avoid further abuse by respondent; or

26 (7) conduct by any family or household member excused

HB3142

- 25 -

LRB101 04618 SLF 49626 b

1 the abuse by respondent, unless that same conduct would

2 have excused such abuse if the parties had not been family

3 or household members.

4 (Source: P.A. 99-85, eff. 1-1-16; 100-199, eff. 1-1-18;

5 100-388, eff. 1-1-18; 100-597, eff. 6-29-18; 100-863, eff.

6 8-14-18; 100-923, eff. 1-1-19; revised 10-18-18.)

7 Section 15. The Illinois Domestic Violence Act of 1986 is

8 amended by changing Section 214 as follows:

9 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

10 Sec. 214. Order of protection; remedies.

11 (a) Issuance of order. If the court finds that petitioner

12 has been abused by a family or household member or that

13 petitioner is a high-risk adult who has been abused, neglected,

14 or exploited, as defined in this Act, an order of protection

15 prohibiting the abuse, neglect, or exploitation shall issue;

16 provided that petitioner must also satisfy the requirements of

17 one of the following Sections, as appropriate: Section 217 on

18 emergency orders, Section 218 on interim orders, or Section 219

19 on plenary orders. Petitioner shall not be denied an order of

20 protection because petitioner or respondent is a minor. The

21 court, when determining whether or not to issue an order of

22 protection, shall not require physical manifestations of abuse

23 on the person of the victim. Modification and extension of

24 prior orders of protection shall be in accordance with this

HB3142

- 26 -

LRB101 04618 SLF 49626 b

1 Act.

2 (b) Remedies and standards. The remedies to be included in

3 an order of protection shall be determined in accordance with

4 this Section and one of the following Sections, as appropriate:

5 Section 217 on emergency orders, Section 218 on interim orders,

6 and Section 219 on plenary orders. The remedies listed in this

7 subsection shall be in addition to other civil or criminal

8 remedies available to petitioner.

9 (1) Prohibition of abuse, neglect, or exploitation.

10 Prohibit respondent's harassment, interference with

11 personal liberty, intimidation of a dependent, physical

12 abuse, or willful deprivation, neglect or exploitation, as

13 defined in this Act, or stalking of the petitioner, as

14 defined in Section 12-7.3 of the Criminal Code of 2012, if

15 such abuse, neglect, exploitation, or stalking has

16 occurred or otherwise appears likely to occur if not

17 prohibited.

18 (2) Grant of exclusive possession of residence.

19 Prohibit respondent from entering or remaining in any

20 residence, household, or premises of the petitioner,

21 including one owned or leased by respondent, if petitioner

22 has a right to occupancy thereof. The grant of exclusive

23 possession of the residence, household, or premises shall

24 not affect title to real property, nor shall the court be

25 limited by the standard set forth in subsection (c-2) of

26 Section 501 of the Illinois Marriage and Dissolution of

HB3142

- 27 -

LRB101 04618 SLF 49626 b

1 Marriage Act.

2 (A) Right to occupancy. A party has a right to

3 occupancy of a residence or household if it is solely

4 or jointly owned or leased by that party, that party's

5 spouse, a person with a legal duty to support that

6 party or a minor child in that party's care, or by any

7 person or entity other than the opposing party that

8 authorizes that party's occupancy (e.g., a domestic

9 violence shelter). Standards set forth in subparagraph

10 (B) shall not preclude equitable relief.

11 (B) Presumption of hardships. If petitioner and

12 respondent each has the right to occupancy of a

13 residence or household, the court shall balance (i) the

14 hardships to respondent and any minor child or

15 dependent adult in respondent's care resulting from

16 entry of this remedy with (ii) the hardships to

17 petitioner and any minor child or dependent adult in

18 petitioner's care resulting from continued exposure to

19 the risk of abuse (should petitioner remain at the

20 residence or household) or from loss of possession of

21 the residence or household (should petitioner leave to

22 avoid the risk of abuse). When determining the balance

23 of hardships, the court shall also take into account

24 the accessibility of the residence or household.

25 Hardships need not be balanced if respondent does not

26 have a right to occupancy.

HB3142

- 28 -

LRB101 04618 SLF 49626 b

1 The balance of hardships is presumed to favor

2 possession by petitioner unless the presumption is

3 rebutted by a preponderance of the evidence, showing

4 that the hardships to respondent substantially

5 outweigh the hardships to petitioner and any minor

6 child or dependent adult in petitioner's care. The

7 court, on the request of petitioner or on its own

8 motion, may order respondent to provide suitable,

9 accessible, alternate housing for petitioner instead

10 of excluding respondent from a mutual residence or

11 household.

12 (3) Stay away order and additional prohibitions. Order

13 respondent to stay away from petitioner or any other person

14 protected by the order of protection, or prohibit

15 respondent from entering or remaining present at

16 petitioner's school, place of employment, or other

17 specified places at times when petitioner is present, or

18 both, if reasonable, given the balance of hardships.

19 Hardships need not be balanced for the court to enter a

20 stay away order or prohibit entry if respondent has no

21 right to enter the premises.

22 (A) If an order of protection grants petitioner

23 exclusive possession of the residence, or prohibits

24 respondent from entering the residence, or orders

25 respondent to stay away from petitioner or other

26 protected persons, then the court may allow respondent

HB3142

- 29 -

LRB101 04618 SLF 49626 b

1 access to the residence to remove items of clothing and

2 personal adornment used exclusively by respondent,

3 medications, and other items as the court directs. The

4 right to access shall be exercised on only one occasion

5 as the court directs and in the presence of an

6 agreed-upon adult third party or law enforcement

7 officer.

8 (B) When the petitioner and the respondent attend

9 the same public, private, or non-public elementary,

10 middle, or high school, the court when issuing an order

11 of protection and providing relief shall consider the

12 severity of the act, any continuing physical danger or

13 emotional distress to the petitioner, the educational

14 rights guaranteed to the petitioner and respondent

15 under federal and State law, the availability of a

16 transfer of the respondent to another school, a change

17 of placement or a change of program of the respondent,

18 the expense, difficulty, and educational disruption

19 that would be caused by a transfer of the respondent to

20 another school, and any other relevant facts of the

21 case. The court may order that the respondent not

22 attend the public, private, or non-public elementary,

23 middle, or high school attended by the petitioner,

24 order that the respondent accept a change of placement

25 or change of program, as determined by the school

26 district or private or non-public school, or place

HB3142

- 30 -

LRB101 04618 SLF 49626 b

1 restrictions on the respondent's movements within the

2 school attended by the petitioner. The respondent

3 bears the burden of proving by a preponderance of the

4 evidence that a transfer, change of placement, or

5 change of program of the respondent is not available.

6 The respondent also bears the burden of production with

7 respect to the expense, difficulty, and educational

8 disruption that would be caused by a transfer of the

9 respondent to another school. A transfer, change of

10 placement, or change of program is not unavailable to

11 the respondent solely on the ground that the respondent

12 does not agree with the school district's or private or

13 non-public school's transfer, change of placement, or

14 change of program or solely on the ground that the

15 respondent fails or refuses to consent or otherwise

16 does not take an action required to effectuate a

17 transfer, change of placement, or change of program.

18 When a court orders a respondent to stay away from the

19 public, private, or non-public school attended by the

20 petitioner and the respondent requests a transfer to

21 another attendance center within the respondent's

22 school district or private or non-public school, the

23 school district or private or non-public school shall

24 have sole discretion to determine the attendance

25 center to which the respondent is transferred. In the

26 event the court order results in a transfer of the

HB3142

- 31 -

LRB101 04618 SLF 49626 b

1 minor respondent to another attendance center, a

2 change in the respondent's placement, or a change of

3 the respondent's program, the parents, guardian, or

4 legal custodian of the respondent is responsible for

5 transportation and other costs associated with the

6 transfer or change.

7 (C) The court may order the parents, guardian, or

8 legal custodian of a minor respondent to take certain

9 actions or to refrain from taking certain actions to

10 ensure that the respondent complies with the order. In

11 the event the court orders a transfer of the respondent

12 to another school, the parents, guardian, or legal

13 custodian of the respondent is responsible for

14 transportation and other costs associated with the

15 change of school by the respondent.

16 (4) Counseling. Require or recommend the respondent to

17 undergo counseling for a specified duration with a social

18 worker, psychologist, clinical psychologist, psychiatrist,

19 family service agency, alcohol or substance abuse program,

20 mental health center guidance counselor, agency providing

21 services to elders, program designed for domestic violence

22 abusers or any other guidance service the court deems

23 appropriate. The Court may order the respondent in any

24 intimate partner relationship to report to an Illinois

25 Department of Human Services protocol approved partner

26 abuse intervention program for an assessment and to follow

HB3142

- 32 -

LRB101 04618 SLF 49626 b

1 all recommended treatment.

2 (5) Physical care and possession of the minor child. In

3 order to protect the minor child from abuse, neglect, or

4 unwarranted separation from the person who has been the

5 minor child's primary caretaker, or to otherwise protect

6 the well-being of the minor child, the court may do either

7 or both of the following: (i) grant petitioner physical

8 care or possession of the minor child, or both, or (ii)

9 order respondent to return a minor child to, or not remove

10 a minor child from, the physical care of a parent or person

11 in loco parentis.

12 If a court finds, after a hearing, that respondent has

13 committed abuse (as defined in Section 103) of a minor

14 child, there shall be a rebuttable presumption that

15 awarding physical care to respondent would not be in the

16 minor child's best interest.

17 (6) Temporary allocation of parental responsibilities:

18 significant decision-making. Award temporary

19 decision-making responsibility to petitioner in accordance

20 with this Section, the Illinois Marriage and Dissolution of

21 Marriage Act, the Illinois Parentage Act of 2015, and this

22 State's Uniform Child-Custody Jurisdiction and Enforcement

23 Act.

24 If a court finds, after a hearing, that respondent has

25 committed abuse (as defined in Section 103) of a minor

26 child, there shall be a rebuttable presumption that

HB3142

- 33 -

LRB101 04618 SLF 49626 b

1 awarding temporary significant decision-making

2 responsibility to respondent would not be in the child's

3 best interest.

4 (7) Parenting time. Determine the parenting time, if

5 any, of respondent in any case in which the court awards

6 physical care or allocates temporary significant

7 decision-making responsibility of a minor child to

8 petitioner. The court shall restrict or deny respondent's

9 parenting time with a minor child if the court finds that

10 respondent has done or is likely to do any of the

11 following: (i) abuse or endanger the minor child during

12 parenting time; (ii) use the parenting time as an

13 opportunity to abuse or harass petitioner or petitioner's

14 family or household members; (iii) improperly conceal or

15 detain the minor child; or (iv) otherwise act in a manner

16 that is not in the best interests of the minor child. The

17 court shall not be limited by the standards set forth in

18 Section 603.10 of the Illinois Marriage and Dissolution of

19 Marriage Act. If the court grants parenting time, the order

20 shall specify dates and times for the parenting time to

21 take place or other specific parameters or conditions that

22 are appropriate. No order for parenting time shall refer

23 merely to the term "reasonable parenting time".

24 Petitioner may deny respondent access to the minor

25 child if, when respondent arrives for parenting time,

26 respondent is under the influence of drugs or alcohol and

HB3142

- 34 -

LRB101 04618 SLF 49626 b

1 constitutes a threat to the safety and well-being of

2 petitioner or petitioner's minor children or is behaving in

3 a violent or abusive manner.

4 If necessary to protect any member of petitioner's

5 family or household from future abuse, respondent shall be

6 prohibited from coming to petitioner's residence to meet

7 the minor child for parenting time, and the parties shall

8 submit to the court their recommendations for reasonable

9 alternative arrangements for parenting time. A person may

10 be approved to supervise parenting time only after filing

11 an affidavit accepting that responsibility and

12 acknowledging accountability to the court.

13 (8) Removal or concealment of minor child. Prohibit

14 respondent from removing a minor child from the State or

15 concealing the child within the State.

16 (9) Order to appear. Order the respondent to appear in

17 court, alone or with a minor child, to prevent abuse,

18 neglect, removal or concealment of the child, to return the

19 child to the custody or care of the petitioner or to permit

20 any court-ordered interview or examination of the child or

21 the respondent.

22 (10) Possession of personal property. Grant petitioner

23 exclusive possession of personal property and, if

24 respondent has possession or control, direct respondent to

25 promptly make it available to petitioner, if:

26 (i) petitioner, but not respondent, owns the

HB3142

- 35 -

LRB101 04618 SLF 49626 b

1 property; or

2 (ii) the parties own the property jointly; sharing

3 it would risk abuse of petitioner by respondent or is

4 impracticable; and the balance of hardships favors

5 temporary possession by petitioner.

6 If petitioner's sole claim to ownership of the property

7 is that it is marital property, the court may award

8 petitioner temporary possession thereof under the

9 standards of subparagraph (ii) of this paragraph only if a

10 proper proceeding has been filed under the Illinois

11 Marriage and Dissolution of Marriage Act, as now or

12 hereafter amended.

13 No order under this provision shall affect title to

14 property.

15 (11) Protection of property. Forbid the respondent

16 from taking, transferring, encumbering, concealing,

17 damaging or otherwise disposing of any real or personal

18 property, except as explicitly authorized by the court, if:

19 (i) petitioner, but not respondent, owns the

20 property; or

21 (ii) the parties own the property jointly, and the

22 balance of hardships favors granting this remedy.

23 If petitioner's sole claim to ownership of the property

24 is that it is marital property, the court may grant

25 petitioner relief under subparagraph (ii) of this

26 paragraph only if a proper proceeding has been filed under

HB3142

- 36 -

LRB101 04618 SLF 49626 b

1 the Illinois Marriage and Dissolution of Marriage Act, as

2 now or hereafter amended.

3 The court may further prohibit respondent from

4 improperly using the financial or other resources of an

5 aged member of the family or household for the profit or

6 advantage of respondent or of any other person.

7 (11.5) Protection of animals. Grant the petitioner the

8 exclusive care, custody, or control of any animal owned,

9 possessed, leased, kept, or held by either the petitioner

10 or the respondent or a minor child residing in the

11 residence or household of either the petitioner or the

12 respondent and order the respondent to stay away from the

13 animal and forbid the respondent from taking,

14 transferring, encumbering, concealing, harming, or

15 otherwise disposing of the animal.

16 (12) Order for payment of support. Order respondent to

17 pay temporary support for the petitioner or any child in

18 the petitioner's care or over whom the petitioner has been

19 allocated parental responsibility, when the respondent has

20 a legal obligation to support that person, in accordance

21 with the Illinois Marriage and Dissolution of Marriage Act,

22 which shall govern, among other matters, the amount of

23 support, payment through the clerk and withholding of

24 income to secure payment. An order for child support may be

25 granted to a petitioner with lawful physical care of a

26 child, or an order or agreement for physical care of a

HB3142

- 37 -

LRB101 04618 SLF 49626 b

1 child, prior to entry of an order allocating significant

2 decision-making responsibility. Such a support order shall

3 expire upon entry of a valid order allocating parental

4 responsibility differently and vacating the petitioner's

5 significant decision-making authority, unless otherwise

6 provided in the order.

7 (13) Order for payment of losses. Order respondent to

8 pay petitioner for losses suffered as a direct result of

9 the abuse, neglect, or exploitation. Such losses shall

10 include, but not be limited to, medical expenses, lost

11 earnings or other support, repair or replacement of

12 property damaged or taken, reasonable attorney's fees,

13 court costs and moving or other travel expenses, including

14 additional reasonable expenses for temporary shelter and

15 restaurant meals.

16 (i) Losses affecting family needs. If a party is

17 entitled to seek maintenance, child support or

18 property distribution from the other party under the

19 Illinois Marriage and Dissolution of Marriage Act, as

20 now or hereafter amended, the court may order

21 respondent to reimburse petitioner's actual losses, to

22 the extent that such reimbursement would be

23 "appropriate temporary relief", as authorized by

24 subsection (a)(3) of Section 501 of that Act.

25 (ii) Recovery of expenses. In the case of an

26 improper concealment or removal of a minor child, the

HB3142

- 38 -

LRB101 04618 SLF 49626 b

1 court may order respondent to pay the reasonable

2 expenses incurred or to be incurred in the search for

3 and recovery of the minor child, including but not

4 limited to legal fees, court costs, private

5 investigator fees, and travel costs.

6 (14) Prohibition of entry. Prohibit the respondent

7 from entering or remaining in the residence or household

8 while the respondent is under the influence of alcohol or

9 drugs and constitutes a threat to the safety and well-being

10 of the petitioner or the petitioner's children.

11 (14.5) Prohibition of firearm possession.

12 (a) Prohibit a respondent against whom an order of

13 protection was issued from possessing any firearms

14 during the duration of the order if the order:

15 (1) was issued after a hearing of which such

16 person received actual notice, and at which such

17 person had an opportunity to participate;

18 (2) restrains such person from harassing,

19 stalking, or threatening an intimate partner of

20 such person or child of such intimate partner or

21 person, or engaging in other conduct that would

22 place an intimate partner in reasonable fear of

23 bodily injury to the partner or child; and

24 (3)(i) includes a finding that such person

25 represents a credible threat to the physical

26 safety of such intimate partner or child; or (ii)

HB3142

- 39 -

LRB101 04618 SLF 49626 b

1 by its terms explicitly prohibits the use,

2 attempted use, or threatened use of physical force

3 against such intimate partner or child that would

4 reasonably be expected to cause bodily injury.

5 Any Firearm Owner's Identification Card in the

6 possession of the respondent, except as provided in

7 subsection (b), shall be ordered by the court to be

8 turned over to the local law enforcement agency. The

9 local law enforcement agency shall immediately mail

10 the card to the Department of State Police Firearm

11 Owner's Identification Card Office for safekeeping.

12 The court shall issue a warrant for seizure of any

13 firearm in the possession of the respondent, to be kept

14 by the local law enforcement agency for safekeeping,

15 except as provided in subsection (b). The period of

16 safekeeping shall be for the duration of the order of

17 protection. The firearm or firearms and Firearm

18 Owner's Identification Card, if unexpired, shall at

19 the respondent's request, be returned to the

20 respondent at the end of the order of protection. It is

21 the respondent's responsibility to notify the

22 Department of State Police Firearm Owner's

23 Identification Card Office.

24 (b) If the respondent is a peace officer as defined

25 in Section 2-13 of the Criminal Code of 2012, the court

26 shall order that any firearms used by the respondent in

HB3142

- 40 -

LRB101 04618 SLF 49626 b

1 the performance of his or her duties as a peace officer

2 be surrendered to the chief law enforcement executive

3 of the agency in which the respondent is employed, who

4 shall retain the firearms for safekeeping for the

5 duration of the order of protection.

6 (c) Upon expiration of the period of safekeeping,

7 if the firearms or Firearm Owner's Identification Card

8 cannot be returned to respondent because respondent

9 cannot be located, fails to respond to requests to

10 retrieve the firearms, or is not lawfully eligible to

11 possess a firearm, upon petition from the local law

12 enforcement agency, the court may order the local law

13 enforcement agency to destroy the firearms, use the

14 firearms for training purposes, or for any other

15 application as deemed appropriate by the local law

16 enforcement agency, including a sale at public auction

17 under the provisions of the Law Enforcement

18 Disposition of Property Act; or that the firearms be

19 turned over to a third party who is lawfully eligible

20 to possess firearms, and who does not reside with

21 respondent.

22 (15) Prohibition of access to records. If an order of

23 protection prohibits respondent from having contact with

24 the minor child, or if petitioner's address is omitted

25 under subsection (b) of Section 203, or if necessary to

26 prevent abuse or wrongful removal or concealment of a minor

HB3142

- 41 -

LRB101 04618 SLF 49626 b

1 child, the order shall deny respondent access to, and

2 prohibit respondent from inspecting, obtaining, or

3 attempting to inspect or obtain, school or any other

4 records of the minor child who is in the care of

5 petitioner.

6 (16) Order for payment of shelter services. Order

7 respondent to reimburse a shelter providing temporary

8 housing and counseling services to the petitioner for the

9 cost of the services, as certified by the shelter and

10 deemed reasonable by the court.

11 (17) Order for injunctive relief. Enter injunctive

12 relief necessary or appropriate to prevent further abuse of

13 a family or household member or further abuse, neglect, or

14 exploitation of a high-risk adult with disabilities or to

15 effectuate one of the granted remedies, if supported by the

16 balance of hardships. If the harm to be prevented by the

17 injunction is abuse or any other harm that one of the

18 remedies listed in paragraphs (1) through (16) of this

19 subsection is designed to prevent, no further evidence is

20 necessary that the harm is an irreparable injury.

21 (18) Telephone services.

22 (A) Unless a condition described in subparagraph

23 (B) of this paragraph exists, the court may, upon

24 request by the petitioner, order a wireless telephone

25 service provider to transfer to the petitioner the

26 right to continue to use a telephone number or numbers

HB3142

- 42 -

LRB101 04618 SLF 49626 b

1 indicated by the petitioner and the financial

2 responsibility associated with the number or numbers,

3 as set forth in subparagraph (C) of this paragraph. For

4 purposes of this paragraph (18), the term "wireless

5 telephone service provider" means a provider of

6 commercial mobile service as defined in 47 U.S.C. 332.

7 The petitioner may request the transfer of each

8 telephone number that the petitioner, or a minor child

9 in his or her custody, uses. The clerk of the court

10 shall serve the order on the wireless telephone service

11 provider's agent for service of process provided to the

12 Illinois Commerce Commission. The order shall contain

13 all of the following:

14 (i) The name and billing telephone number of

15 the account holder including the name of the

16 wireless telephone service provider that serves

17 the account.

18 (ii) Each telephone number that will be

19 transferred.

20 (iii) A statement that the provider transfers

21 to the petitioner all financial responsibility for

22 and right to the use of any telephone number

23 transferred under this paragraph.

24 (B) A wireless telephone service provider shall

25 terminate the respondent's use of, and shall transfer

26 to the petitioner use of, the telephone number or

HB3142

- 43 -

LRB101 04618 SLF 49626 b

1 numbers indicated in subparagraph (A) of this

2 paragraph unless it notifies the petitioner, within 72

3 hours after it receives the order, that one of the

4 following applies:

5 (i) The account holder named in the order has

6 terminated the account.

7 (ii) A difference in network technology would

8 prevent or impair the functionality of a device on

9 a network if the transfer occurs.

10 (iii) The transfer would cause a geographic or

11 other limitation on network or service provision

12 to the petitioner.

13 (iv) Another technological or operational

14 issue would prevent or impair the use of the

15 telephone number if the transfer occurs.

16 (C) The petitioner assumes all financial

17 responsibility for and right to the use of any

18 telephone number transferred under this paragraph. In

19 this paragraph, "financial responsibility" includes

20 monthly service costs and costs associated with any

21 mobile device associated with the number.

22 (D) A wireless telephone service provider may

23 apply to the petitioner its routine and customary

24 requirements for establishing an account or

25 transferring a number, including requiring the

26 petitioner to provide proof of identification,

HB3142

- 44 -

LRB101 04618 SLF 49626 b

1 financial information, and customer preferences.

2 (E) Except for willful or wanton misconduct, a

3 wireless telephone service provider is immune from

4 civil liability for its actions taken in compliance

5 with a court order issued under this paragraph.

6 (F) All wireless service providers that provide

7 services to residential customers shall provide to the

8 Illinois Commerce Commission the name and address of an

9 agent for service of orders entered under this

10 paragraph (18). Any change in status of the registered

11 agent must be reported to the Illinois Commerce

12 Commission within 30 days of such change.

13 (G) The Illinois Commerce Commission shall

14 maintain the list of registered agents for service for

15 each wireless telephone service provider on the

16 Commission's website. The Commission may consult with

17 wireless telephone service providers and the Circuit

18 Court Clerks on the manner in which this information is

19 provided and displayed.

20 (c) Relevant factors; findings.

21 (1) In determining whether to grant a specific remedy,

22 other than payment of support, the court shall consider

23 relevant factors, including but not limited to the

24 following:

25 (i) the nature, frequency, severity, pattern and

26 consequences of the respondent's past abuse, neglect

HB3142

- 45 -

LRB101 04618 SLF 49626 b

1 or exploitation of the petitioner or any family or

2 household member, including the concealment of his or

3 her location in order to evade service of process or

4 notice, and the likelihood of danger of future abuse,

5 neglect, or exploitation to petitioner or any member of

6 petitioner's or respondent's family or household; and

7 (ii) the danger that any minor child will be abused

8 or neglected or improperly relocated from the

9 jurisdiction, improperly concealed within the State or

10 improperly separated from the child's primary

11 caretaker.

12 (2) In comparing relative hardships resulting to the

13 parties from loss of possession of the family home, the

14 court shall consider relevant factors, including but not

15 limited to the following:

16 (i) availability, accessibility, cost, safety,

17 adequacy, location and other characteristics of

18 alternate housing for each party and any minor child or

19 dependent adult in the party's care;

20 (ii) the effect on the party's employment; and

21 (iii) the effect on the relationship of the party,

22 and any minor child or dependent adult in the party's

23 care, to family, school, church and community.

24 (3) Subject to the exceptions set forth in paragraph

25 (4) of this subsection, the court shall make its findings

26 in an official record or in writing, and shall at a minimum

HB3142

- 46 -

LRB101 04618 SLF 49626 b

1 set forth the following:

2 (i) That the court has considered the applicable

3 relevant factors described in paragraphs (1) and (2) of

4 this subsection.

5 (ii) Whether the conduct or actions of respondent,

6 unless prohibited, will likely cause irreparable harm

7 or continued abuse.

8 (iii) Whether it is necessary to grant the

9 requested relief in order to protect petitioner or

10 other alleged abused persons.

11 (4) For purposes of issuing an ex parte emergency order

12 of protection, the court, as an alternative to or as a

13 supplement to making the findings described in paragraphs

14 (c)(3)(i) through (c)(3)(iii) of this subsection, may use

15 the following procedure:

16 When a verified petition for an emergency order of

17 protection in accordance with the requirements of Sections

18 203 and 217 is presented to the court, the court shall

19 examine petitioner on oath or affirmation. An emergency

20 order of protection shall be issued by the court if it

21 appears from the contents of the petition and the

22 examination of petitioner that the averments are

23 sufficient to indicate abuse by respondent and to support

24 the granting of relief under the issuance of the emergency

25 order of protection.

26 (5) Never married parties. No rights or

HB3142

- 47 -

LRB101 04618 SLF 49626 b

1 responsibilities for a minor child born outside of marriage

2 attach to a putative father until a father and child

3 relationship has been established under the Illinois

4 Parentage Act of 1984, the Illinois Parentage Act of 2015,

5 the Illinois Public Aid Code, Section 12 of the Vital

6 Records Act, the Juvenile Court Act of 1987, the Probate

7 Act of 1975, the Revised Uniform Reciprocal Enforcement of

8 Support Act, the Uniform Interstate Family Support Act, the

9 Expedited Child Support Act of 1990, any judicial,

10 administrative, or other act of another state or territory,

11 any other Illinois statute, or by any foreign nation

12 establishing the father and child relationship, any other

13 proceeding substantially in conformity with the Personal

14 Responsibility and Work Opportunity Reconciliation Act of

15 1996 (Pub. L. 104-193), or where both parties appeared in

16 open court or at an administrative hearing acknowledging

17 under oath or admitting by affirmation the existence of a

18 father and child relationship. Absent such an

19 adjudication, finding, or acknowledgment, no putative

20 father shall be granted temporary allocation of parental

21 responsibilities, including parenting time with the minor

22 child, or physical care and possession of the minor child,

23 nor shall an order of payment for support of the minor

24 child be entered.

25 (d) Balance of hardships; findings. If the court finds that

26 the balance of hardships does not support the granting of a

HB3142

- 48 -

LRB101 04618 SLF 49626 b

1 remedy governed by paragraph (2), (3), (10), (11), or (16) of

2 subsection (b) of this Section, which may require such

3 balancing, the court's findings shall so indicate and shall

4 include a finding as to whether granting the remedy will result

5 in hardship to respondent that would substantially outweigh the

6 hardship to petitioner from denial of the remedy. The findings

7 shall be an official record or in writing.

8 (e) Denial of remedies. Denial of any remedy shall not be

9 based, in whole or in part, on evidence that:

10 (1) Respondent has cause for any use of force, unless

11 that cause satisfies the standards for justifiable use of

12 force provided by Article 7 of the Criminal Code of 2012;

13 (2) Respondent was voluntarily intoxicated;

14 (3) Petitioner acted in self-defense or defense of

15 another, provided that, if petitioner utilized force, such

16 force was justifiable under Article 7 of the Criminal Code

17 of 2012;

18 (4) Petitioner did not act in self-defense or defense

19 of another;

20 (5) Petitioner left the residence or household to avoid

21 further abuse, neglect, or exploitation by respondent;

22 (6) Petitioner did not leave the residence or household

23 to avoid further abuse, neglect, or exploitation by

24 respondent;

25 (7) Conduct by any family or household member excused

26 the abuse, neglect, or exploitation by respondent, unless

HB3142

- 49 -

LRB101 04618 SLF 49626 b

1 that same conduct would have excused such abuse, neglect,

2 or exploitation if the parties had not been family or

3 household members.

4 (Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,

5 eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;

6 100-923, eff. 1-1-19.)

7 Section 20. The Law Enforcement Disposition of Property Act

8 is amended by changing Section 2 as follows:

9 (765 ILCS 1030/2) (from Ch. 141, par. 142)

10 Sec. 2. (a) Such property believed to be abandoned, lost or

11 stolen or otherwise illegally possessed shall be retained in

12 custody by the sheriff, chief of police or other principal

13 official of the law enforcement agency, which shall make

14 reasonable inquiry and efforts to identify and notify the owner

15 or other person entitled to possession thereof, and shall

16 return the property after such person provides reasonable and

17 satisfactory proof of his ownership or right to possession and

18 reimburses the agency for all reasonable expenses of such

19 custody.

20 (b) Weapons that have been confiscated as a result of

21 having been abandoned or illegally possessed may besold at

22 public auction under Section 3 of this Act; or transferred to

23 the Department of State Police for use by the crime laboratory

24 system, for training purposes, or for any other application as

HB3142

- 50 -

LRB101 04618 SLF 49626 b

1 deemed appropriate by the Department, if no legitimate claim is

2 made for the confiscated weapon within 6 months of the date of

3 confiscation, or within 6 months of final court disposition if

4 such confiscated weapon was used for evidentiary purposes.

5 (Source: P.A. 85-632.)