Sen. Cristina H. Pacione-Zayas
Filed: 3/3/2023
 
 


 




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1
AMENDMENT TO SENATE BILL 44 




2 AMENDMENT NO. ______. Amend Senate Bill 44 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Illinois Domestic Violence Act of 1986 is 
5amended by changing Section 214 as follows:



6 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

7 Sec. 214. Order of protection; remedies. 

8 (a) Issuance of order. If the court finds that petitioner 
9has been
abused by a family or household member or that 
10petitioner is a high-risk
adult who has been abused, 
11neglected, or exploited, as defined in this Act,
an order of 
12protection prohibiting the abuse, neglect, or exploitation

13shall issue; provided that petitioner must also satisfy the 
14requirements of
one of the following Sections, as appropriate: 
15Section 217 on emergency
orders, Section 218 on interim 
16orders, or Section 219 on plenary orders.
Petitioner shall not 
 
 
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1be denied an order of protection because petitioner or

2respondent is a minor. The court, when determining whether or 
3not to issue
an order of protection, shall not require 
4physical manifestations of abuse
on the person of the victim. 
5Modification and extension of prior
orders of protection shall 
6be in accordance with this Act.

7 (b) Remedies and standards. The remedies to be included in 
8an order of
protection shall be determined in accordance with 
9this Section and one of
the following Sections, as 
10appropriate: Section 217 on emergency orders,
Section 218 on 
11interim orders, and Section 219 on plenary orders. The

12remedies listed in this subsection shall be in addition to 
13other civil or
criminal remedies available to petitioner.

14  (1) Prohibition of abuse, neglect, or exploitation. 
15 Prohibit
respondent's harassment, interference with 
16 personal liberty, intimidation
of a dependent, physical 
17 abuse, or willful deprivation, neglect or
exploitation, as 
18 defined in this Act, or stalking of the petitioner, as 
19 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
20 such abuse, neglect,
exploitation, or stalking has 
21 occurred or otherwise appears likely to occur if
not 
22 prohibited.

23  (2) Grant of exclusive possession of residence. 
24 Prohibit respondent from
entering or remaining in any 
25 residence, household, or premises of the petitioner,

26 including one owned or leased by respondent, if petitioner 
 
 
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1 has a right to
occupancy thereof. The grant of exclusive 
2 possession of the residence, household, or premises shall 
3 not
affect title to real property, nor shall the court be 
4 limited by the standard
set forth in subsection (c-2) of 
5 Section 501 of the Illinois Marriage and Dissolution of 
6 Marriage
Act.

7   (A) Right to occupancy. A party has a right to 
8 occupancy of a
residence or household if it is solely 
9 or jointly owned or leased by that
party, that party's 
10 spouse, a person with a legal duty to support that 
11 party or
a minor child in that party's care, or by any 
12 person or entity other than the
opposing party that 
13 authorizes that party's occupancy (e.g., a domestic

14 violence shelter). Standards set forth in subparagraph 
15 (B) shall not preclude
equitable relief.

16   (B) Presumption of hardships. If petitioner and 
17 respondent
each has the right to occupancy of a 
18 residence or household, the court
shall balance (i) 
19 the hardships to respondent and any minor child or

20 dependent adult in respondent's care resulting from 
21 entry of this remedy with
(ii) the hardships to 
22 petitioner and any minor child or dependent adult in

23 petitioner's care resulting from continued exposure to 
24 the risk of abuse
(should petitioner remain at the 
25 residence or household) or from loss of
possession of 
26 the residence or household (should petitioner leave to 
 
 
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1 avoid the
risk of abuse). When determining the balance 
2 of hardships, the court shall
also take into account 
3 the accessibility of the residence or household.

4 Hardships need not be balanced if respondent does not 
5 have a right to
occupancy.

6   The balance of hardships is presumed to favor 
7 possession by
petitioner unless the presumption is 
8 rebutted by a preponderance of the
evidence, showing 
9 that the hardships to respondent substantially 
10 outweigh
the hardships to petitioner and any minor 
11 child or dependent adult in
petitioner's care. The 
12 court, on the request of petitioner or on its own

13 motion, may order respondent to provide suitable, 
14 accessible, alternate housing
for petitioner instead 
15 of excluding respondent from a mutual residence or

16 household.

17  (3) Stay away order and additional prohibitions.
Order 
18 respondent to stay away from petitioner or any other 
19 person
protected by the order of protection, or prohibit 
20 respondent from entering
or remaining present at 
21 petitioner's school, place of employment, or other

22 specified places at times when petitioner is present, or 
23 both, if
reasonable, given the balance of hardships. 
24 Hardships need not be balanced for
the court to enter a 
25 stay away order or prohibit entry if respondent has no

26 right to enter the premises.

 
 
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1   (A) If an order of protection grants petitioner 
2 exclusive possession
of the residence, or prohibits 
3 respondent from entering the residence,
or orders 
4 respondent to stay away from petitioner or other

5 protected persons, then the court may allow respondent 
6 access to the
residence to remove items of clothing 
7 and personal adornment
used exclusively by respondent, 
8 medications, and other items as the court
directs. The 
9 right to access shall be exercised on only one 
10 occasion as the
court directs and in the presence of an 
11 agreed-upon adult third party or law
enforcement 
12 officer.

13   (B) When the petitioner and the respondent attend 
14 the same public, private, or non-public elementary, 
15 middle, or high school, the court when issuing an 
16 order of protection and providing relief shall 
17 consider the severity of the act, any continuing 
18 physical danger or emotional distress to the 
19 petitioner, the educational rights guaranteed to the 
20 petitioner and respondent under federal and State law, 
21 the availability of a transfer of the respondent to 
22 another school, a change of placement or a change of 
23 program of the respondent, the expense, difficulty, 
24 and educational disruption that would be caused by a 
25 transfer of the respondent to another school, and any 
26 other relevant facts of the case. The court may order 
 
 
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1 that the respondent not attend the public, private, or 
2 non-public elementary, middle, or high school attended 
3 by the petitioner, order that the respondent accept a 
4 change of placement or change of program, as 
5 determined by the school district or private or 
6 non-public school, or place restrictions on the 
7 respondent's movements within the school attended by 
8 the petitioner.
The respondent bears the burden of 
9 proving by a preponderance of the evidence that a 
10 transfer, change of placement, or change of program of 
11 the respondent is not available. The respondent also 
12 bears the burden of production with respect to the 
13 expense, difficulty, and educational disruption that 
14 would be caused by a transfer of the respondent to 
15 another school. A transfer, change of placement, or 
16 change of program is not unavailable to the respondent 
17 solely on the ground that the respondent does not 
18 agree with the school district's or private or 
19 non-public school's transfer, change of placement, or 
20 change of program or solely on the ground that the 
21 respondent fails or refuses to consent or otherwise 
22 does not take an action required to effectuate a 
23 transfer, change of placement, or change of program.

24 When a court orders a respondent to stay away from the 
25 public, private, or non-public school attended by the 
26 petitioner and the respondent requests a transfer to 
 
 
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1 another attendance center within the respondent's 
2 school district or private or non-public school, the 
3 school district or private or non-public school shall 
4 have sole discretion to determine the attendance 
5 center to which the respondent is transferred.
In the 
6 event the court order results in a transfer of the 
7 minor respondent to another attendance center, a 
8 change in the respondent's placement, or a change of 
9 the respondent's program, the parents, guardian, or 
10 legal custodian of the respondent is responsible for 
11 transportation and other costs associated with the 
12 transfer or change. 
13   (C) The court may order the parents, guardian, or 
14 legal custodian of a minor respondent to take certain 
15 actions or to refrain from taking certain actions to 
16 ensure that the respondent complies with the order. In 
17 the event the court orders a transfer of the 
18 respondent to another school, the parents, guardian, 
19 or legal custodian of the respondent is responsible 
20 for transportation and other costs associated with the 
21 change of school by the respondent. 
22  (4) Counseling. Require or recommend the respondent to 
23 undergo
counseling for a specified duration with a social 
24 worker, psychologist,
clinical psychologist, 
25 psychiatrist, family service agency, alcohol or
substance 
26 abuse program, mental health center guidance counselor, 
 
 
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1 agency
providing services to elders, program designed for 
2 domestic violence
abusers or any other guidance service 
3 the court deems appropriate. The Court may order the 
4 respondent in any intimate partner relationship to report 
5 to an Illinois Department of Human Services protocol 
6 approved partner abuse intervention program for an 
7 assessment and to follow all recommended treatment. 

8  (5) Physical care and possession of the minor child. 
9 In order to protect
the minor child from abuse, neglect, 
10 or unwarranted separation from the person
who has been the 
11 minor child's primary caretaker, or to otherwise protect 
12 the
well-being of the minor child, the court may do either 
13 or both of the
following: (i) grant petitioner physical 
14 care or possession of the minor child,
or both, or (ii) 
15 order respondent to return a minor child to, or not remove 
16 a
minor child from, the physical care of a parent or person 
17 in loco parentis.

18  If a court finds, after a hearing, that respondent has 
19 committed abuse
(as defined in Section 103) of a minor 
20 child, there shall be a
rebuttable presumption that 
21 awarding physical care to respondent would not
be in the 
22 minor child's best interest.

23  (6) Temporary allocation of parental responsibilities: 
24 significant decision-making. Award temporary 
25 decision-making responsibility to petitioner
in accordance 
26 with this Section, the Illinois Marriage and Dissolution 
 
 
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1 of
Marriage Act, the Illinois Parentage Act of 2015, and 
2 this State's Uniform
Child-Custody Jurisdiction and 
3 Enforcement Act. 

4  If a court finds, after a hearing, that respondent has 
5 committed abuse (as
defined in Section 103) of a minor 
6 child, there shall be a rebuttable
presumption that 
7 awarding temporary significant decision-making 
8 responsibility to respondent would not be in
the child's 
9 best interest.

10  (7) Parenting time. Determine the parenting time, if 
11 any, of respondent in
any case in which the court awards 
12 physical care or allocates temporary significant 
13 decision-making responsibility of
a minor child to 
14 petitioner. The court shall restrict or deny respondent's 
15 parenting time
with a minor child if the court finds that 
16 respondent has done or is
likely to do any of the 
17 following: (i) abuse or endanger the minor child during 
18 parenting time; (ii) use the parenting time as an 
19 opportunity to abuse or harass
petitioner or petitioner's 
20 family or household members; (iii) improperly
conceal or 
21 detain the minor child; or (iv) otherwise act in a manner 
22 that is
not in the best interests of the minor child. The 
23 court shall not be limited
by the standards set forth in 
24 Section 603.10 of the Illinois Marriage and
Dissolution of 
25 Marriage Act. If the court grants parenting time, the 
26 order shall
specify dates and times for the parenting time 
 
 
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1 to take place or other specific
parameters or conditions 
2 that are appropriate. No order for parenting time shall

3 refer merely to the term "reasonable parenting time".

4  Petitioner may deny respondent access to the minor 
5 child if, when
respondent arrives for parenting time, 
6 respondent is under the influence of drugs
or alcohol and 
7 constitutes a threat to the safety and well-being of

8 petitioner or petitioner's minor children or is behaving 
9 in a violent or
abusive manner.

10  If necessary to protect any member of petitioner's 
11 family or
household from future abuse, respondent shall be 
12 prohibited from coming to
petitioner's residence to meet 
13 the minor child for parenting time, and the
parties shall 
14 submit to the court their recommendations for reasonable

15 alternative arrangements for parenting time. A person may 
16 be approved to
supervise parenting time only after filing 
17 an affidavit accepting
that responsibility and 
18 acknowledging accountability to the court.

19  (8) Removal or concealment of minor child. Prohibit 
20 respondent from
removing a minor child from the State or 
21 concealing the child within the State.


22  (9) Order to appear. Order the respondent to appear in 
23 court, alone
or with a minor child, to prevent abuse, 
24 neglect, removal or concealment of
the child, to return 
25 the child to the custody or care of the petitioner or
to 
26 permit any court-ordered interview or examination of the 
 
 
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1 child or the
respondent.

2  (10) Possession of personal property. Grant petitioner 
3 exclusive
possession of personal property and, if 
4 respondent has possession or
control, direct respondent to 
5 promptly make it available to petitioner, if:

6   (i) petitioner, but not respondent, owns the 
7 property; or

8   (ii) the parties own the property jointly; sharing 
9 it would risk
abuse of petitioner by respondent or is 
10 impracticable; and the balance of
hardships favors 
11 temporary possession by petitioner.

12  If petitioner's sole claim to ownership of the 
13 property is that it is
marital property, the court may 
14 award petitioner temporary possession
thereof under the 
15 standards of subparagraph (ii) of this paragraph only if
a 
16 proper proceeding has been filed under the Illinois 
17 Marriage and
Dissolution of Marriage Act, as now or 
18 hereafter amended.

19  No order under this provision shall affect title to 
20 property.

21  (11) Protection of property. Forbid the respondent 
22 from taking,
transferring, encumbering, concealing, 
23 damaging or otherwise disposing of
any real or personal 
24 property, except as explicitly authorized by the
court, 
25 if:

26   (i) petitioner, but not respondent, owns the 
 
 
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1 property; or

2   (ii) the parties own the property jointly,
and the 
3 balance of hardships favors granting this remedy.

4  If petitioner's sole claim to ownership of the 
5 property is that it is
marital property, the court may 
6 grant petitioner relief under subparagraph
(ii) of this 
7 paragraph only if a proper proceeding has been filed under 
8 the
Illinois Marriage and Dissolution of Marriage Act, as 
9 now or hereafter amended.

10  The court may further prohibit respondent from 
11 improperly using the
financial or other resources of an 
12 aged member of the family or household
for the profit or 
13 advantage of respondent or of any other person.

14  (11.5) Protection of animals. Grant the petitioner the 
15 exclusive care, custody, or control of any animal owned, 
16 possessed, leased, kept, or held by either the petitioner 
17 or the respondent or a minor child residing in the 
18 residence or household of either the petitioner or the 
19 respondent and order the respondent to stay away from the 
20 animal and forbid the respondent from taking, 
21 transferring, encumbering, concealing, harming, or 
22 otherwise disposing of the animal.

23  (12) Order for payment of support. Order respondent to 
24 pay temporary
support for the petitioner or any child in 
25 the petitioner's care or over whom the petitioner has been 
26 allocated parental responsibility, when the respondent has 
 
 
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1 a legal obligation to support that person,
in accordance 
2 with the Illinois Marriage and Dissolution
of Marriage 
3 Act, which shall govern, among other matters, the amount 
4 of
support, payment through the clerk and withholding of 
5 income to secure
payment. An order for child support may 
6 be granted to a petitioner with
lawful physical care of a 
7 child, or an order or agreement for
physical care of a 
8 child, prior to entry of an order allocating significant 
9 decision-making responsibility.
Such a support order shall 
10 expire upon entry of a valid order allocating parental 
11 responsibility differently and vacating the petitioner's 
12 significant decision-making authority, unless otherwise 
13 provided in the order.

14  (13) Order for payment of losses. Order respondent to 
15 pay petitioner for
losses suffered as a direct result of 
16 the abuse, neglect, or exploitation.
Such losses shall 
17 include, but not be limited to, medical expenses, lost

18 earnings or other support, repair or replacement of 
19 property damaged or taken,
reasonable attorney's fees, 
20 court costs and moving or other travel expenses,
including 
21 additional reasonable expenses for temporary shelter and 
22 restaurant
meals.

23   (i) Losses affecting family needs. If a party is 
24 entitled to seek
maintenance, child support or 
25 property distribution from the other party
under the 
26 Illinois Marriage and Dissolution of Marriage Act, as 
 
 
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1 now or
hereafter amended, the court may order 
2 respondent to reimburse petitioner's
actual losses, to 
3 the extent that such reimbursement would be 
4 "appropriate
temporary relief", as authorized by 
5 subsection (a)(3) of Section 501 of
that Act.

6   (ii) Recovery of expenses. In the case of an 
7 improper concealment
or removal of a minor child, the 
8 court may order respondent to pay the
reasonable 
9 expenses incurred or to be incurred in the search for 
10 and recovery
of the minor child, including but not 
11 limited to legal fees, court costs,
private 
12 investigator fees, and travel costs.

13  (14) Prohibition of entry. Prohibit the respondent 
14 from entering or
remaining in the residence or household 
15 while the respondent is under the
influence of alcohol or 
16 drugs and constitutes a threat to the safety and

17 well-being of the petitioner or the petitioner's children.

18  (14.5) Prohibition of firearm possession.

19   (a) Prohibit a respondent against whom an order of 
20 protection was issued from possessing any firearms 
21 during the duration of the order if the order:
22    (1) (blank); was issued after a hearing of 
23 which such person received
actual notice, and at 
24 which such person had an opportunity to

25 participate;
26    (2) restrains such person from abusing the 
 
 
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1 petitioner as defined in this Act harassing, 
2 stalking, or
threatening an intimate partner of 
3 such person or child of such
intimate partner or 
4 person, or engaging in other conduct that
would 
5 place an intimate partner in reasonable fear of 
6 bodily
injury to the partner or child; and
7    (3)(i) includes a finding that such person 
8 represents a
credible threat to the physical 
9 safety of the petitioner such intimate partner
or 
10 child; or
(ii) by its terms explicitly prohibits 
11 the use, attempted
use, or threatened use of 
12 physical force against the petitioner such 
13 intimate
partner or child that would reasonably be 
14 expected to cause
bodily injury.
15   (a-1) Except as provided in subparagraph (b), a 
16 Any Firearm Owner's Identification Card in the

17 possession of the respondent, except as provided in 
18 subsection (b), shall be ordered by the court to be 
19 turned
over to the local law enforcement agency and 
20 respondent shall be prohibited from acquiring or 
21 possessing any firearms for the duration of the order 
22 of protection. The local law enforcement agency shall 
23 immediately mail the card to the Illinois State Police 
24 Firearm Owner's Identification Card Office
for 
25 safekeeping.
26   (a-2) Immediately upon entry of an order of 
 
 
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1 protection prohibiting firearm possession under this 
2 Section, the The court shall
issue a warrant for 
3 seizure of any firearm in the possession of the 
4 respondent, to be kept by the local law enforcement 
5 agency for safekeeping, except as provided in 
6 subsection (b).
Petitioner's general description of 
7 the firearm or firearms and their location shall be 
8 sufficient to support issuing a warrant. The period of 
9 safekeeping shall be for the duration of the order of 
10 protection.
11   (a-3) Notwithstanding the issuance of a warrant 
12 under subparagraph (a-2), the respondent shall be 
13 ordered to immediately surrender any firearms to the 
14 appropriate law enforcement agency and prohibited from 
15 transferring firearms to another individual in lieu of 
16 surrender to law enforcement.
17   (a-4) The relevant law enforcement agency shall 
18 provide a statement of receipt of any firearm seized 
19 or surrendered with a description of any firearm 
20 seized or surrendered to the respondent and the court. 
21 This statement of receipt shall be prima facie 
22 evidence of compliance with an order to surrender 
23 firearms.
24   (a-5) The firearm or firearms and Firearm Owner's 
25 Identification Card, if unexpired, shall at the 
26 respondent's request, be returned to the respondent at 
 
 
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1 the end
of the order of protection. It is the 
2 respondent's responsibility to notify the Illinois 
3 State Police Firearm Owner's Identification Card 
4 Office. 

5   (b) If the respondent is a peace officer as 
6 defined in Section 2-13 of
the
Criminal Code of 2012, 
7 the court shall order that any firearms used by the

8 respondent in the performance of his or her duties as a

9 peace officer be surrendered to
the chief law 
10 enforcement executive of the agency in which the 
11 respondent is
employed, who shall retain the firearms 
12 for safekeeping for the duration of the order of 
13 protection.

14   (c) Upon expiration of the period of safekeeping, 
15 if the firearms or Firearm Owner's Identification Card 
16 cannot be returned to respondent because respondent 
17 cannot be located, fails to respond to requests to 
18 retrieve the firearms, or is not lawfully eligible to 
19 possess a firearm, upon petition from the local law 
20 enforcement agency, the court may order the local law 
21 enforcement agency to destroy the firearms, use the 
22 firearms for training purposes, or for any other 
23 application as deemed appropriate by the local law 
24 enforcement agency; or that the firearms be turned 
25 over to a third party who is lawfully eligible to 
26 possess firearms, and who does not reside with 
 
 
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1 respondent. 
2  (14.6) Prohibition of firearm possession; emergency 
3 orders. Prohibit a respondent against whom an order of 
4 protection was issued from possessing any firearms during 
5 the duration of the order as set forth in paragraph (14.5) 
6 if the prerequisites in subsection (a) Section 217 are 
7 satisfied. 
8  (15) Prohibition of access to records. If an order of 
9 protection
prohibits respondent from having contact with 
10 the minor child,
or if petitioner's address is omitted 
11 under subsection (b) of
Section 203, or if necessary to 
12 prevent abuse or wrongful removal or
concealment of a 
13 minor child, the order shall deny respondent access to, 
14 and
prohibit respondent from inspecting, obtaining, or 
15 attempting to
inspect or obtain, school or any other 
16 records of the minor child
who is in the care of 
17 petitioner.

18  (16) Order for payment of shelter services. Order 
19 respondent to
reimburse a shelter providing temporary 
20 housing and counseling services to
the petitioner for the 
21 cost of the services, as certified by the shelter
and 
22 deemed reasonable by the court.

23  (17) Order for injunctive relief. Enter injunctive 
24 relief necessary
or appropriate to prevent further abuse 
25 of a family or household member
or further abuse, neglect, 
26 or exploitation of a high-risk adult with
disabilities or 
 
 
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1 to effectuate one of the granted remedies, if supported by 
2 the
balance of hardships. If the harm to be prevented by 
3 the injunction is abuse
or any other harm that one of the 
4 remedies listed in paragraphs (1) through
(16) of this 
5 subsection is designed to prevent, no further evidence is

6 necessary that the harm is an irreparable injury.

7  (18) Telephone services.
8   (A) Unless a condition described in subparagraph 
9 (B) of this paragraph exists, the court may, upon 
10 request by the petitioner, order a wireless telephone 
11 service provider to transfer to the petitioner the 
12 right to continue to use a telephone number or numbers 
13 indicated by the petitioner and the financial 
14 responsibility associated with the number or numbers, 
15 as set forth in subparagraph (C) of this paragraph. 
16 For purposes of this paragraph (18), the term 
17 "wireless telephone service provider" means a provider 
18 of commercial mobile service as defined in 47 U.S.C. 
19 332. The petitioner may request the transfer of each 
20 telephone number that the petitioner, or a minor child 
21 in his or her custody, uses. The clerk of the court 
22 shall serve the order on the wireless telephone 
23 service provider's agent for service of process 
24 provided to the Illinois Commerce Commission. The 
25 order shall contain all of the following:
26    (i) The name and billing telephone number of 
 
 
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1 the account holder including the name of the 
2 wireless telephone service provider that serves 
3 the account.
4    (ii) Each telephone number that will be 
5 transferred.
6    (iii) A statement that the provider transfers 
7 to the petitioner all financial responsibility for 
8 and right to the use of any telephone number 
9 transferred under this paragraph.
10   (B) A wireless telephone service provider shall 
11 terminate the respondent's use of, and shall transfer 
12 to the petitioner use of, the telephone number or 
13 numbers indicated in subparagraph (A) of this 
14 paragraph unless it notifies the petitioner, within 72 
15 hours after it receives the order, that one of the 
16 following applies:
17    (i) The account holder named in the order has 
18 terminated the account.
19    (ii) A difference in network technology would 
20 prevent or impair the functionality of a device on 
21 a network if the transfer occurs.
22    (iii) The transfer would cause a geographic or 
23 other limitation on network or service provision 
24 to the petitioner.
25    (iv) Another technological or operational 
26 issue would prevent or impair the use of the 
 
 
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1 telephone number if the transfer occurs.
2   (C) The petitioner assumes all financial 
3 responsibility for and right to the use of any 
4 telephone number transferred under this paragraph. In 
5 this paragraph, "financial responsibility" includes 
6 monthly service costs and costs associated with any 
7 mobile device associated with the number.
8   (D) A wireless telephone service provider may 
9 apply to the petitioner its routine and customary 
10 requirements for establishing an account or 
11 transferring a number, including requiring the 
12 petitioner to provide proof of identification, 
13 financial information, and customer preferences.

14   (E) Except for willful or wanton misconduct, a 
15 wireless telephone service provider is immune from 
16 civil liability for its actions taken in compliance 
17 with a court order issued under this paragraph.
18   (F) All wireless service providers that provide 
19 services to residential customers shall provide to the 
20 Illinois Commerce Commission the name and address of 
21 an agent for service of orders entered under this 
22 paragraph (18). Any change in status of the registered 
23 agent must be reported to the Illinois Commerce 
24 Commission within 30 days of such change. 
25   (G) The Illinois Commerce Commission shall 
26 maintain the list of registered agents for service for 
 
 
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1 each wireless telephone service provider on the 
2 Commission's website. The Commission may consult with 
3 wireless telephone service providers and the Circuit 
4 Court Clerks on the manner in which this information 
5 is provided and displayed. 
6 (c) Relevant factors; findings.

7  (1) In determining whether to grant a specific remedy, 
8 other than
payment of support, the court shall consider

9 relevant factors, including but not limited to the 
10 following:

11   (i) the nature, frequency, severity, pattern and 
12 consequences of the
respondent's past abuse, neglect 
13 or exploitation of the petitioner or
any family or 
14 household member, including the concealment of his or 
15 her
location in order to evade service of process or 
16 notice, and the likelihood of
danger of future abuse, 
17 neglect, or exploitation to petitioner or any member 
18 of
petitioner's or respondent's family or household; 
19 and

20   (ii) the danger that any minor child will be 
21 abused or neglected or
improperly relocated from the 
22 jurisdiction, improperly concealed within the
State or 
23 improperly separated from the child's primary 
24 caretaker.

25  (2) In comparing relative hardships resulting to the 
26 parties from loss
of possession of the family home, the 
 
 
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1 court shall consider relevant
factors, including but not 
2 limited to the following:

3   (i) availability, accessibility, cost, safety, 
4 adequacy, location and
other characteristics of 
5 alternate housing for each party and any minor child

6 or dependent adult in the party's care;

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

8   (iii) the effect on the relationship of the party, 
9 and any minor
child or dependent adult in the party's 
10 care, to family, school, church
and community.

11  (3) Subject to the exceptions set forth in paragraph 
12 (4) of this
subsection, the court shall make its findings 
13 in an official record or in
writing, and shall at a minimum 
14 set forth the following:

15   (i) That the court has considered the applicable 
16 relevant factors
described in paragraphs (1) and (2) 
17 of this subsection.

18   (ii) Whether the conduct or actions of respondent, 
19 unless
prohibited, will likely cause irreparable harm 
20 or continued abuse.

21   (iii) Whether it is necessary to grant the 
22 requested relief in order
to protect petitioner or 
23 other alleged abused persons.

24  (4) For purposes of issuing an ex parte emergency 
25 order of protection,
the court, as an alternative to or as 
26 a supplement to making the findings
described in 
 
 
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1 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
2 subsection, may
use the following procedure:

3  When a verified petition for an emergency order of 
4 protection in
accordance with the requirements of Sections 
5 203 and 217 is
presented to the court, the court shall 
6 examine petitioner on oath or
affirmation. An emergency 
7 order of protection shall be issued by the court
if it 
8 appears from the contents of the petition and the 
9 examination of
petitioner that the averments are 
10 sufficient to indicate abuse by
respondent and to support 
11 the granting of relief under the issuance of the
emergency 
12 order of protection.

13  (5) Never married parties. No rights or 
14 responsibilities for a minor
child born outside of 
15 marriage attach to a putative father until a father and

16 child relationship has been established under the Illinois 
17 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
18 the Illinois Public Aid Code, Section 12 of the Vital 
19 Records Act, the
Juvenile Court Act of 1987, the Probate 
20 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
21 Support Act, the Uniform Interstate Family Support
Act, 
22 the Expedited Child Support Act of 1990, any judicial, 
23 administrative, or
other act of another state or 
24 territory, any other Illinois statute, or by any
foreign 
25 nation establishing the father and child relationship, any 
26 other
proceeding substantially in conformity with the 
 
 
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1 Personal Responsibility and
Work Opportunity 
2 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
3 both
parties appeared in open court or at an 
4 administrative hearing acknowledging
under
oath or 
5 admitting by affirmation the existence of a father and 
6 child
relationship.
Absent such an adjudication, finding, 
7 or acknowledgment, no putative
father shall be granted

8 temporary allocation of parental responsibilities, 
9 including parenting time with the minor child, or
physical 
10 care and possession of the minor child, nor shall an order 
11 of payment
for support of the minor child be entered.

12 (d) Balance of hardships; findings. If the court finds 
13that the balance
of hardships does not support the granting of 
14a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
15subsection (b) of this Section,
which may require such 
16balancing, the court's findings shall so
indicate and shall 
17include a finding as to whether granting the remedy will

18result in hardship to respondent that would substantially 
19outweigh the hardship
to petitioner from denial of the remedy. 
20The findings shall be an official
record or in writing.

21 (e) Denial of remedies. Denial of any remedy shall not be 
22based, in
whole or in part, on evidence that:

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

26  (2) Respondent was voluntarily intoxicated;

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

5  (4) Petitioner did not act in self-defense or defense 
6 of another;

7  (5) Petitioner left the residence or household to 
8 avoid further abuse,
neglect, or exploitation by 
9 respondent;

10  (6) Petitioner did not leave the residence or 
11 household to avoid further
abuse, neglect, or exploitation 
12 by respondent;

13  (7) Conduct by any family or household member excused 
14 the abuse,
neglect, or exploitation by respondent, unless 
15 that same conduct would have
excused such abuse, neglect, 
16 or exploitation if the parties had not been
family or 
17 household members.

18(Source: P.A. 102-538, eff. 8-20-21.)



19 Section 10. The Firearm Owners Identification Card Act is 
20amended by changing Section 9.5 as follows:

21 (430 ILCS 65/9.5)
22 Sec. 9.5. Revocation of Firearm Owner's Identification

23Card.
24 (a) A person who receives a revocation notice under 
 
 
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1Section 9 of this Act shall, within 48 hours of receiving 
2notice of the revocation:
3  (1) surrender his or her Firearm Owner's 
4 Identification Card to the local law enforcement agency 
5 where the person resides or to the Illinois State Police; 
6 and
7  (2) complete a Firearm Disposition Record on a form 
8 prescribed by the Illinois State Police and place his or 
9 her firearms in the location or with the person reported 
10 in the Firearm Disposition Record. The form shall require 
11 the person to disclose:
12   (A) the make, model, and serial number of each 
13 firearm owned by or under the custody and control of 
14 the revoked person;
15   (B) the location where each firearm will be 
16 maintained during the prohibited term;
17   (C) if any firearm will be transferred to the 
18 custody of another person, the name, address and 
19 Firearm Owner's Identification Card number of the 
20 transferee; and
21   (D) to whom his or her Firearm Owner's 
22 Identification Card was surrendered.
23  Once completed, the person shall retain a copy and 
24 provide a copy of the Firearm Disposition Record to the 
25 Illinois State Police. 
26 (b) Upon confirming through the portal created under 
 
 
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1Section 2605-304 of the Illinois State Police Law of the Civil 
2Administrative Code of Illinois that the Firearm Owner's 
3Identification Card has been revoked by the Illinois State 
4Police, surrendered cards shall be destroyed by the law 
5enforcement agency receiving the cards. If a card has not been 
6revoked, the card shall be returned to the cardholder.
7 (b-5) If a court orders the surrender of a Firearm 
8Firearms Owner's Identification Card and accepts receipt of 
9the Card, the court shall destroy the Card and direct the 
10person whose Firearm Owner's Identification Card has been 
11surrendered to comply with paragraph (2) of subsection (a).
12 (b-10) If the person whose Firearm Owner's Identification 
13Card has been revoked has either lost or destroyed the Card, 
14the person must still comply with paragraph (2) of subsection 
15(a).
16 (b-15) A notation shall be made in the portal created 
17under Section 2605-304 of the Illinois State Police Law of the 
18Civil Administrative Code of Illinois that the revoked Firearm 
19Owner's Identification Card has been destroyed. 
20 (c) If the person whose Firearm Owner's Identification 
21Card has been revoked fails to comply with the requirements of 
22this Section, the sheriff or law enforcement agency where the 
23person resides may petition the circuit court to issue a 
24warrant to search for and seize the Firearm Owner's 
25Identification Card and firearms in the possession or under 
26the custody or control of the person whose Firearm Owner's 
 
 
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1Identification Card has been revoked.
2 (d) A violation of subsection (a) of this Section is a 
3Class A misdemeanor.
4 (e) The observation of a Firearm Owner's Identification 
5Card in the possession of a person whose Firearm Owner's 
6Identification Card has been revoked constitutes a sufficient 
7basis for the arrest of that person for violation of this 
8Section.
9 (f) Within 30 days after July 9, 2013 (the effective date 
10of Public Act 98-63), the Illinois State Police shall provide 
11written notice of the requirements of this Section to persons 
12whose Firearm Owner's Identification Cards have been revoked, 
13suspended, or expired and who have failed to surrender their 
14cards to the Illinois State Police.
15 (g) A person whose Firearm Owner's Identification Card has 
16been revoked and who received notice under subsection (f) 
17shall comply with the requirements of this Section within 48 
18hours of receiving notice. 

19 Nothing in this Section shall supersede a court's 
20authority to order remedies under paragraphs (14.5) and (14.6) 
21of subsection (b) of Section 214 of the Illinois Domestic 
22Violence Act of 1986, including, but not limited to, an order 
23for surrender of a Firearm Owner's Identification Card, 
24surrender of firearms, and issuance of a warrant for seizure 
25of firearms. 
26(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
 
 
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1102-813, eff. 5-13-22; revised 8-24-22.)

2 Section 15. The Firearms Restraining Order Act is amended 
3by changing Section 5 as follows:

4 (430 ILCS 67/5)
5 Sec. 5. Definitions.
As used in this Act:
6 "Family member of the respondent" means a spouse, former 
7spouse, person with whom the respondent has a minor child in 
8common, parent, child, or step-child of the respondent, any 
9other person related by blood or present marriage to the 
10respondent, or a person who shares a common dwelling with the 
11respondent.
12 "Firearms restraining order" means an order issued by the 
13court, prohibiting and enjoining a named person from having in 
14his or her custody or control, purchasing, possessing, or 
15receiving any firearms or ammunition, or removing firearm 
16parts that could be assembled to make an operable firearm.

17 "Intimate partner" means a spouse, former spouse, a person 
18with whom the respondent has or allegedly has a child in 
19common, or a person with whom the respondent has or has had a 
20dating or engagement relationship.
21 "Petitioner" means:
22  (1) a family member of the respondent as defined in 
23 this Act; or

24  (2) a law enforcement officer
who files a petition 
 
 
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1 alleging that the respondent poses a danger of causing 
2 personal injury to himself, herself, or another by having 
3 in his or her custody or control, purchasing, possessing, 
4 or receiving a firearm, ammunition, or firearm parts that 
5 could be assembled to make an operable firearm or removing 
6 firearm parts that could be assembled to make an operable 
7 firearm; or .
8  (3) intimate partner as defined in this Act. 
9 "Respondent" means the person alleged in the petition to 
10pose a danger of causing personal injury to himself, herself, 
11or another by having in his or her custody or control, 
12purchasing, possessing, or receiving a firearm, ammunition, or 
13firearm parts that could be assembled to make an operable 
14firearm or removing firearm parts that could be assembled to 
15make an operable firearm.

16(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)".