100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB1868

Introduced 2/9/2017, by Sen. Chapin Rose

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.

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A BILL FOR

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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

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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

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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. Order of protection; remedies.

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

14 has been abused by a family or household member, as defined in

15 this Article, an order of protection prohibiting such abuse

16 shall issue; provided that petitioner must also satisfy the

17 requirements of one of the following Sections, as appropriate:

18 Section 112A-17 on emergency orders, Section 112A-18 on interim

19 orders, or Section 112A-19 on plenary orders. Petitioner shall

20 not be denied an order of protection because petitioner or

21 respondent is a minor. The court, when determining whether or

22 not to issue an order of protection, shall not require physical

23 manifestations of abuse on the person of the victim.

24 Modification and extension of prior orders of protection shall

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1 be in accordance with this Article.

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 112A-17 on emergency orders, Section 112A-18 on interim

6 orders, and Section 112A-19 on plenary orders. The remedies

7 listed in this subsection shall be in addition to other civil

8 or criminal remedies available to petitioner.

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

10 harassment, interference with personal liberty,

11 intimidation of a dependent, physical abuse or willful

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

13 occurred or otherwise appears likely to occur if not

14 prohibited.

15 (2) Grant of exclusive possession of residence.

16 Prohibit respondent from entering or remaining in any

17 residence, household, or premises of the petitioner,

18 including one owned or leased by respondent, if petitioner

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

20 possession of the residence, household, or premises shall

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

22 limited by the standard set forth in Section 701 of the

23 Illinois Marriage and Dissolution of Marriage Act.

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

25 occupancy of a residence or household if it is solely

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

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

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

3 person or entity other than the opposing party that

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

5 violence shelter). Standards set forth in subparagraph

6 (B) shall not preclude equitable relief.

7 (B) Presumption of hardships. If petitioner and

8 respondent each has the right to occupancy of a

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

10 hardships to respondent and any minor child or

11 dependent adult in respondent's care resulting from

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

13 petitioner and any minor child or dependent adult in

14 petitioner's care resulting from continued exposure to

15 the risk of abuse (should petitioner remain at the

16 residence or household) or from loss of possession of

17 the residence or household (should petitioner leave to

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

19 of hardships, the court shall also take into account

20 the accessibility of the residence or household.

21 Hardships need not be balanced if respondent does not

22 have a right to occupancy.

23 The balance of hardships is presumed to favor

24 possession by petitioner unless the presumption is

25 rebutted by a preponderance of the evidence, showing

26 that the hardships to respondent substantially

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1 outweigh the hardships to petitioner and any minor

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

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

4 motion, may order respondent to provide suitable,

5 accessible, alternate housing for petitioner instead

6 of excluding respondent from a mutual residence or

7 household.

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

9 respondent to stay away from petitioner or any other person

10 protected by the order of protection, or prohibit

11 respondent from entering or remaining present at

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

13 specified places at times when petitioner is present, or

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

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

16 stay away order or prohibit entry if respondent has no

17 right to enter the premises.

18 If an order of protection grants petitioner exclusive

19 possession of the residence, or prohibits respondent from

20 entering the residence, or orders respondent to stay away

21 from petitioner or other protected persons, then the court

22 may allow respondent access to the residence to remove

23 items of clothing and personal adornment used exclusively

24 by respondent, medications, and other items as the court

25 directs. The right to access shall be exercised on only one

26 occasion as the court directs and in the presence of an

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1 agreed-upon adult third party or law enforcement officer.

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

3 undergo counseling for a specified duration with a social

4 worker, psychologist, clinical psychologist, psychiatrist,

5 family service agency, alcohol or substance abuse program,

6 mental health center guidance counselor, agency providing

7 services to elders, program designed for domestic violence

8 abusers or any other guidance service the court deems

9 appropriate. The court may order the respondent in any

10 intimate partner relationship to report to an Illinois

11 Department of Human Services protocol approved partner

12 abuse intervention program for an assessment and to follow

13 all recommended treatment.

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

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

16 unwarranted separation from the person who has been the

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

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

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

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

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

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

23 in loco parentis.

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

25 committed abuse (as defined in Section 112A-3) of a minor

26 child, there shall be a rebuttable presumption that

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1 awarding physical care to respondent would not be in the

2 minor child's best interest.

3 (6) Temporary legal custody. Award temporary legal

4 custody to petitioner in accordance with this Section, the

5 Illinois Marriage and Dissolution of Marriage Act, the

6 Illinois Parentage Act of 2015, and this State's Uniform

7 Child-Custody Jurisdiction and Enforcement Act.

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

9 committed abuse (as defined in Section 112A-3) of a minor

10 child, there shall be a rebuttable presumption that

11 awarding temporary legal custody to respondent would not be

12 in the child's best interest.

13 (7) Visitation. Determine the visitation rights, if

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

15 physical care or temporary legal custody of a minor child

16 to petitioner. The court shall restrict or deny

17 respondent's visitation with a minor child if the court

18 finds that respondent has done or is likely to do any of

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

20 visitation; (ii) use the visitation as an opportunity to

21 abuse or harass petitioner or petitioner's family or

22 household members; (iii) improperly conceal or detain the

23 minor child; or (iv) otherwise act in a manner that is not

24 in the best interests of the minor child. The court shall

25 not be limited by the standards set forth in Section 607.1

26 of the Illinois Marriage and Dissolution of Marriage Act.

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1 If the court grants visitation, the order shall specify

2 dates and times for the visitation to take place or other

3 specific parameters or conditions that are appropriate. No

4 order for visitation shall refer merely to the term

5 "reasonable visitation".

6 Petitioner may deny respondent access to the minor

7 child if, when respondent arrives for visitation,

8 respondent is under the influence of drugs or alcohol and

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

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

11 a violent or abusive manner.

12 If necessary to protect any member of petitioner's

13 family or household from future abuse, respondent shall be

14 prohibited from coming to petitioner's residence to meet

15 the minor child for visitation, and the parties shall

16 submit to the court their recommendations for reasonable

17 alternative arrangements for visitation. A person may be

18 approved to supervise visitation only after filing an

19 affidavit accepting that responsibility and acknowledging

20 accountability to the court.

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

22 respondent from removing a minor child from the State or

23 concealing the child within the State.

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

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

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

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

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

3 the respondent.

4 (10) Possession of personal property. Grant petitioner

5 exclusive possession of personal property and, if

6 respondent has possession or control, direct respondent to

7 promptly make it available to petitioner, if:

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

9 property; or

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

11 it would risk abuse of petitioner by respondent or is

12 impracticable; and the balance of hardships favors

13 temporary possession by petitioner.

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

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

16 petitioner temporary possession thereof under the

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

18 proper proceeding has been filed under the Illinois

19 Marriage and Dissolution of Marriage Act, as now or

20 hereafter amended.

21 No order under this provision shall affect title to

22 property.

23 (11) Protection of property. Forbid the respondent

24 from taking, transferring, encumbering, concealing,

25 damaging or otherwise disposing of any real or personal

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

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

2 property; or

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

4 balance of hardships favors granting this remedy.

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

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

7 petitioner relief under subparagraph (ii) of this

8 paragraph only if a proper proceeding has been filed under

9 the Illinois Marriage and Dissolution of Marriage Act, as

10 now or hereafter amended.

11 The court may further prohibit respondent from

12 improperly using the financial or other resources of an

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

14 advantage of respondent or of any other person.

15 (11.5) Protection of animals. Grant the petitioner the

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

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

18 or the respondent or a minor child residing in the

19 residence or household of either the petitioner or the

20 respondent and order the respondent to stay away from the

21 animal and forbid the respondent from taking,

22 transferring, encumbering, concealing, harming, or

23 otherwise disposing of the animal.

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

25 pay temporary support for the petitioner or any child in

26 the petitioner's care or custody, when the respondent has a

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1 legal obligation to support that person, in accordance with

2 the Illinois Marriage and Dissolution of Marriage Act,

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

4 support, payment through the clerk and withholding of

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

6 granted to a petitioner with lawful physical care or

7 custody of a child, or an order or agreement for physical

8 care or custody, prior to entry of an order for legal

9 custody. Such a support order shall expire upon entry of a

10 valid order granting legal custody to another, unless

11 otherwise provided in the custody order.

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

13 pay petitioner for losses suffered as a direct result of

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

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

16 repair or replacement of property damaged or taken,

17 reasonable attorney's fees, court costs and moving or other

18 travel expenses, including additional reasonable expenses

19 for temporary shelter and restaurant meals.

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

21 entitled to seek maintenance, child support or

22 property distribution from the other party under the

23 Illinois Marriage and Dissolution of Marriage Act, as

24 now or hereafter amended, the court may order

25 respondent to reimburse petitioner's actual losses, to

26 the extent that such reimbursement would be

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1 "appropriate temporary relief", as authorized by

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

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

4 improper concealment or removal of a minor child, the

5 court may order respondent to pay the reasonable

6 expenses incurred or to be incurred in the search for

7 and recovery of the minor child, including but not

8 limited to legal fees, court costs, private

9 investigator fees, and travel costs.

10 (14) Prohibition of entry. Prohibit the respondent

11 from entering or remaining in the residence or household

12 while the respondent is under the influence of alcohol or

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

14 of the petitioner or the petitioner's children.

15 (14.5) Prohibition of firearm possession.

16 (A) A person who is subject to an existing order of

17 protection, interim order of protection, emergency

18 order of protection, or plenary order of protection,

19 issued under this Code may not lawfully possess weapons

20 under Section 8.2 of the Firearm Owners Identification

21 Card Act.

22 (B) Any firearms in the possession of the

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

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

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

26 Identification Card for safekeeping. The court shall

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

2 Identification Card be turned over to the local law

3 enforcement agency, which in turn shall immediately

4 mail the card to the Department of State Police Firearm

5 Owner's Identification Card Office for safekeeping.

6 The period of safekeeping shall be for the duration of

7 the order of protection. The firearm or firearms and

8 Firearm Owner's Identification Card, if unexpired,

9 shall at the respondent's request be returned to the

10 respondent at expiration of the order of protection.

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

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

13 shall order that any firearms used by the respondent in

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

15 be surrendered to the chief law enforcement executive

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

17 shall retain the firearms for safekeeping for the

18 duration of the order of protection.

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

20 if the firearms or Firearm Owner's Identification Card

21 cannot be returned to respondent because respondent

22 cannot be located, fails to respond to requests to

23 retrieve the firearms, or is not lawfully eligible to

24 possess a firearm, upon petition from the local law

25 enforcement agency, the court may order the local law

26 enforcement agency to destroy the firearms, use the

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1 firearms for training purposes, or for any other

2 application as deemed appropriate by the local law

3 enforcement agency, including a sale at public auction

4 under the provisions of the Law Enforcement

5 Disposition of Property Act; or that the firearms be

6 turned over to a third party who is lawfully eligible

7 to possess firearms, and who does not reside with

8 respondent.

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

10 protection prohibits respondent from having contact with

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

12 under subsection (b) of Section 112A-5, or if necessary to

13 prevent abuse or wrongful removal or concealment of a minor

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

15 prohibit respondent from inspecting, obtaining, or

16 attempting to inspect or obtain, school or any other

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

18 petitioner.

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

20 respondent to reimburse a shelter providing temporary

21 housing and counseling services to the petitioner for the

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

23 deemed reasonable by the court.

24 (17) Order for injunctive relief. Enter injunctive

25 relief necessary or appropriate to prevent further abuse of

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

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

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

3 any other harm that one of the remedies listed in

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

5 to prevent, no further evidence is necessary to establish

6 that the harm is an irreparable injury.

7 (c) Relevant factors; findings.

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

9 other than payment of support, the court shall consider

10 relevant factors, including but not limited to the

11 following:

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

13 consequences of the respondent's past abuse of the

14 petitioner or any family or household member,

15 including the concealment of his or her location in

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

17 likelihood of danger of future abuse to petitioner or

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

19 household; and

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

21 or neglected or improperly removed 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 or

6 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) of

17 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 order

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

26 supplement to making the findings described in paragraphs

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

2 the following procedure:

3 When a verified petition for an emergency order of

4 protection in accordance with the requirements of Sections

5 112A-5 and 112A-17 is presented to the court, the court

6 shall examine petitioner on oath or affirmation. An

7 emergency order of protection shall be issued by the court

8 if it 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 marriage

15 attach to a putative father until a father and child

16 relationship has been established under the Illinois

17 Parentage Act of 1984 or under the Illinois Parentage Act

18 of 2015 on and after the effective date of that Act. Absent

19 such an adjudication, no putative father shall be granted

20 temporary custody of the minor child, visitation with the

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

22 child, nor shall an order of payment for support of the

23 minor child be entered.

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

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

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

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

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

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

4 in hardship to respondent that would substantially outweigh the

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

6 shall be an official record or in writing.

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

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

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

10 that cause satisfies the standards for justifiable use of

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

12 (2) Respondent was voluntarily intoxicated;

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

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

15 force was justifiable under Article 7 of the Criminal Code

16 of 2012;

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

18 of another;

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

20 further abuse by respondent;

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

22 to avoid further abuse by respondent;

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

24 the abuse by respondent, unless that same conduct would

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

26 or household members.

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1 (Source: P.A. 98-63, eff. 7-9-13; 99-85, eff. 1-1-16.)

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

3 amended by changing Section 214 as follows:

4 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

5 Sec. 214. Order of protection; remedies.

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

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

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

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

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

11 provided that petitioner must also satisfy the requirements of

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

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

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

15 protection because petitioner or respondent is a minor. The

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

17 protection, shall not require physical manifestations of abuse

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

19 prior orders of protection shall be in accordance with this

20 Act.

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

22 an order of protection shall be determined in accordance with

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

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

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

2 subsection shall be in addition to other civil or criminal

3 remedies available to petitioner.

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

5 Prohibit respondent's harassment, interference with

6 personal liberty, intimidation of a dependent, physical

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

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

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

10 such abuse, neglect, exploitation, or stalking has

11 occurred or otherwise appears likely to occur if not

12 prohibited.

13 (2) Grant of exclusive possession of residence.

14 Prohibit respondent from entering or remaining in any

15 residence, household, or premises of the petitioner,

16 including one owned or leased by respondent, if petitioner

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

18 possession of the residence, household, or premises shall

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

20 limited by the standard set forth in Section 701 of the

21 Illinois Marriage and Dissolution of Marriage Act.

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

23 occupancy of a residence or household if it is solely

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

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

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

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1 person or entity other than the opposing party that

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

3 violence shelter). Standards set forth in subparagraph

4 (B) shall not preclude equitable relief.

5 (B) Presumption of hardships. If petitioner and

6 respondent each has the right to occupancy of a

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

8 hardships to respondent and any minor child or

9 dependent adult in respondent's care resulting from

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

11 petitioner and any minor child or dependent adult in

12 petitioner's care resulting from continued exposure to

13 the risk of abuse (should petitioner remain at the

14 residence or household) or from loss of possession of

15 the residence or household (should petitioner leave to

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

17 of hardships, the court shall also take into account

18 the accessibility of the residence or household.

19 Hardships need not be balanced if respondent does not

20 have a right to occupancy.

21 The balance of hardships is presumed to favor

22 possession by petitioner unless the presumption is

23 rebutted by a preponderance of the evidence, showing

24 that the hardships to respondent substantially

25 outweigh the hardships to petitioner and any minor

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

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

2 motion, may order respondent to provide suitable,

3 accessible, alternate housing for petitioner instead

4 of excluding respondent from a mutual residence or

5 household.

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

7 respondent to stay away from petitioner or any other person

8 protected by the order of protection, or prohibit

9 respondent from entering or remaining present at

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

11 specified places at times when petitioner is present, or

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

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

14 stay away order or prohibit entry if respondent has no

15 right to enter the premises.

16 (A) If an order of protection grants petitioner

17 exclusive possession of the residence, or prohibits

18 respondent from entering the residence, or orders

19 respondent to stay away from petitioner or other

20 protected persons, then the court may allow respondent

21 access to the residence to remove items of clothing and

22 personal adornment used exclusively by respondent,

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

24 right to access shall be exercised on only one occasion

25 as the court directs and in the presence of an

26 agreed-upon adult third party or law enforcement

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1 officer.

2 (B) When the petitioner and the respondent attend

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

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

5 of protection and providing relief shall consider the

6 severity of the act, any continuing physical danger or

7 emotional distress to the petitioner, the educational

8 rights guaranteed to the petitioner and respondent

9 under federal and State law, the availability of a

10 transfer of the respondent to another school, a change

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

12 the expense, difficulty, and educational disruption

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

14 another school, and any other relevant facts of the

15 case. The court may order that the respondent not

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

17 middle, or high school attended by the petitioner,

18 order that the respondent accept a change of placement

19 or change of program, as determined by the school

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

21 restrictions on the respondent's movements within the

22 school attended by the petitioner. The respondent

23 bears the burden of proving by a preponderance of the

24 evidence that a transfer, change of placement, or

25 change of program of the respondent is not available.

26 The respondent also bears the burden of production with

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1 respect to the expense, difficulty, and educational

2 disruption that would be caused by a transfer of the

3 respondent to another school. A transfer, change of

4 placement, or change of program is not unavailable to

5 the respondent solely on the ground that the respondent

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

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

8 change of program or solely on the ground that the

9 respondent fails or refuses to consent or otherwise

10 does not take an action required to effectuate a

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

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

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

14 petitioner and the respondent requests a transfer to

15 another attendance center within the respondent's

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

17 school district or private or non-public school shall

18 have sole discretion to determine the attendance

19 center to which the respondent is transferred. In the

20 event the court order results in a transfer of the

21 minor respondent to another attendance center, a

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

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

24 legal custodian of the respondent is responsible for

25 transportation and other costs associated with the

26 transfer or change.

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

2 legal custodian of a minor respondent to take certain

3 actions or to refrain from taking certain actions to

4 ensure that the respondent complies with the order. In

5 the event the court orders a transfer of the respondent

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

7 custodian of the respondent is responsible for

8 transportation and other costs associated with the

9 change of school by the respondent.

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

11 undergo counseling for a specified duration with a social

12 worker, psychologist, clinical psychologist, psychiatrist,

13 family service agency, alcohol or substance abuse program,

14 mental health center guidance counselor, agency providing

15 services to elders, program designed for domestic violence

16 abusers or any other guidance service the court deems

17 appropriate. The Court may order the respondent in any

18 intimate partner relationship to report to an Illinois

19 Department of Human Services protocol approved partner

20 abuse intervention program for an assessment and to follow

21 all recommended treatment.

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

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

24 unwarranted separation from the person who has been the

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

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

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

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

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

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

5 in loco parentis.

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

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

8 child, there shall be a rebuttable presumption that

9 awarding physical care to respondent would not be in the

10 minor child's best interest.

11 (6) Temporary allocation of parental responsibilities:

12 significant decision-making. Award temporary

13 decision-making responsibility to petitioner in accordance

14 with this Section, the Illinois Marriage and Dissolution of

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

16 State's Uniform Child-Custody Jurisdiction and Enforcement

17 Act.

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 temporary significant decision-making

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

23 best interest.

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

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

26 physical care or allocates temporary significant

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1 decision-making responsibility of a minor child to

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

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

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

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

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

7 opportunity to abuse or harass petitioner or petitioner's

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

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

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

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

12 Section 603.10 of the Illinois Marriage and Dissolution of

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

14 shall specify dates and times for the parenting time to

15 take place or other specific parameters or conditions that

16 are appropriate. No order for parenting time shall refer

17 merely to the term "reasonable parenting time".

18 Petitioner may deny respondent access to the minor

19 child if, when respondent arrives for parenting time,

20 respondent is under the influence of drugs or alcohol and

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

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

23 a violent or abusive manner.

24 If necessary to protect any member of petitioner's

25 family or household from future abuse, respondent shall be

26 prohibited from coming to petitioner's residence to meet

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

2 submit to the court their recommendations for reasonable

3 alternative arrangements for parenting time. A person may

4 be approved to supervise parenting time only after filing

5 an affidavit accepting that responsibility and

6 acknowledging accountability to the court.

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

8 respondent from removing a minor child from the State or

9 concealing the child within the State.

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

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

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

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

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

15 the respondent.

16 (10) Possession of personal property. Grant petitioner

17 exclusive possession of personal property and, if

18 respondent has possession or control, direct respondent to

19 promptly make it available to petitioner, if:

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

21 property; or

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

23 it would risk abuse of petitioner by respondent or is

24 impracticable; and the balance of hardships favors

25 temporary possession by petitioner.

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

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

2 petitioner temporary possession thereof under the

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

4 proper proceeding has been filed under the Illinois

5 Marriage and Dissolution of Marriage Act, as now or

6 hereafter amended.

7 No order under this provision shall affect title to

8 property.

9 (11) Protection of property. Forbid the respondent

10 from taking, transferring, encumbering, concealing,

11 damaging or otherwise disposing of any real or personal

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

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

14 property; or

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

16 balance of hardships favors granting this remedy.

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

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

19 petitioner relief under subparagraph (ii) of this

20 paragraph only if a proper proceeding has been filed under

21 the Illinois Marriage and Dissolution of Marriage Act, as

22 now or hereafter amended.

23 The court may further prohibit respondent from

24 improperly using the financial or other resources of an

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

26 advantage of respondent or of any other person.

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1 (11.5) Protection of animals. Grant the petitioner the

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

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

4 or the respondent or a minor child residing in the

5 residence or household of either the petitioner or the

6 respondent and order the respondent to stay away from the

7 animal and forbid the respondent from taking,

8 transferring, encumbering, concealing, harming, or

9 otherwise disposing of the animal.

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

11 pay temporary support for the petitioner or any child in

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

13 allocated parental responsibility, when the respondent has

14 a legal obligation to support that person, in accordance

15 with the Illinois Marriage and Dissolution of Marriage Act,

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

17 support, payment through the clerk and withholding of

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

19 granted to a petitioner with lawful physical care of a

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

21 child, prior to entry of an order allocating significant

22 decision-making responsibility. Such a support order shall

23 expire upon entry of a valid order allocating parental

24 responsibility differently and vacating the petitioner's

25 significant decision-making authority, unless otherwise

26 provided in the order.

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

2 pay petitioner for losses suffered as a direct result of

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

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

5 earnings or other support, repair or replacement of

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

7 court costs and moving or other travel expenses, including

8 additional reasonable expenses for temporary shelter and

9 restaurant meals.

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

11 entitled to seek maintenance, child support or

12 property distribution from the other party under the

13 Illinois Marriage and Dissolution of Marriage Act, as

14 now or hereafter amended, the court may order

15 respondent to reimburse petitioner's actual losses, to

16 the extent that such reimbursement would be

17 "appropriate temporary relief", as authorized by

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

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

20 improper concealment or removal of a minor child, the

21 court may order respondent to pay the reasonable

22 expenses incurred or to be incurred in the search for

23 and recovery of the minor child, including but not

24 limited to legal fees, court costs, private

25 investigator fees, and travel costs.

26 (14) Prohibition of entry. Prohibit the respondent

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1 from entering or remaining in the residence or household

2 while the respondent is under the influence of alcohol or

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

4 of the petitioner or the petitioner's children.

5 (14.5) Prohibition of firearm possession.

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

7 protection was issued from possessing any firearms

8 during the duration of the order if the order:

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

10 person received actual notice, and at which such

11 person had an opportunity to participate;

12 (2) restrains such person from harassing,

13 stalking, or threatening an intimate partner of

14 such person or child of such intimate partner or

15 person, or engaging in other conduct that would

16 place an intimate partner in reasonable fear of

17 bodily injury to the partner or child; and

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

19 represents a credible threat to the physical

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

21 by its terms explicitly prohibits the use,

22 attempted use, or threatened use of physical force

23 against such intimate partner or child that would

24 reasonably be expected to cause bodily injury.

25 Any Firearm Owner's Identification Card in the

26 possession of the respondent, except as provided in

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

2 turned over to the local law enforcement agency. The

3 local law enforcement agency shall immediately mail

4 the card to the Department of State Police Firearm

5 Owner's Identification Card Office for safekeeping.

6 The court shall issue a warrant for seizure of any

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

8 by the local law enforcement agency for safekeeping,

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

10 safekeeping shall be for the duration of the order of

11 protection. The firearm or firearms and Firearm

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

13 the respondent's request, be returned to the

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

15 the respondent's responsibility to notify the

16 Department of State Police Firearm Owner's

17 Identification Card Office.

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

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

20 shall order that any firearms used by the respondent in

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

22 be surrendered to the chief law enforcement executive

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

24 shall retain the firearms for safekeeping for the

25 duration of the order of protection.

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

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1 if the firearms or Firearm Owner's Identification Card

2 cannot be returned to respondent because respondent

3 cannot be located, fails to respond to requests to

4 retrieve the firearms, or is not lawfully eligible to

5 possess a firearm, upon petition from the local law

6 enforcement agency, the court may order the local law

7 enforcement agency to destroy the firearms, use the

8 firearms for training purposes, or for any other

9 application as deemed appropriate by the local law

10 enforcement agency, including a sale at public auction

11 under the provisions of the Law Enforcement

12 Disposition of Property Act; or that the firearms be

13 turned over to a third party who is lawfully eligible

14 to possess firearms, and who does not reside with

15 respondent.

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

17 protection prohibits respondent from having contact with

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

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

20 prevent abuse or wrongful removal or concealment of a minor

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

22 prohibit respondent from inspecting, obtaining, or

23 attempting to inspect or obtain, school or any other

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

25 petitioner.

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

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1 respondent to reimburse a shelter providing temporary

2 housing and counseling services to the petitioner for the

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

4 deemed reasonable by the court.

5 (17) Order for injunctive relief. Enter injunctive

6 relief necessary or appropriate to prevent further abuse of

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

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

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

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

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

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

13 subsection is designed to prevent, no further evidence is

14 necessary that the harm is an irreparable injury.

15 (c) Relevant factors; findings.

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

17 other than payment of support, the court shall consider

18 relevant factors, including but not limited to the

19 following:

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

21 consequences of the respondent's past abuse, neglect

22 or exploitation of the petitioner or any family or

23 household member, including the concealment of his or

24 her location in order to evade service of process or

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

26 neglect, or exploitation to petitioner or any member of

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

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

3 or neglected or improperly relocated from the

4 jurisdiction, improperly concealed within the State or

5 improperly separated from the child's primary

6 caretaker.

7 (2) In comparing relative hardships resulting to the

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

9 court shall consider relevant factors, including but not

10 limited to the following:

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

12 adequacy, location and other characteristics of

13 alternate housing for each party and any minor child or

14 dependent adult in the party's care;

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

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

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

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

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

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

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

22 set forth the following:

23 (i) That the court has considered the applicable

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

25 this subsection.

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

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1 unless prohibited, will likely cause irreparable harm

2 or continued abuse.

3 (iii) Whether it is necessary to grant the

4 requested relief in order to protect petitioner or

5 other alleged abused persons.

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

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

8 supplement to making the findings described in paragraphs

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

10 the following procedure:

11 When a verified petition for an emergency order of

12 protection in accordance with the requirements of Sections

13 203 and 217 is presented to the court, the court shall

14 examine petitioner on oath or affirmation. An emergency

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

16 appears from the contents of the petition and the

17 examination of petitioner that the averments are

18 sufficient to indicate abuse by respondent and to support

19 the granting of relief under the issuance of the emergency

20 order of protection.

21 (5) Never married parties. No rights or

22 responsibilities for a minor child born outside of marriage

23 attach to a putative father until a father and child

24 relationship has been established under the Illinois

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

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

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

2 Act of 1985, the Revised Uniform Reciprocal Enforcement of

3 Support Act, the Uniform Interstate Family Support Act, the

4 Expedited Child Support Act of 1990, any judicial,

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

6 any other Illinois statute, or by any foreign nation

7 establishing the father and child relationship, any other

8 proceeding substantially in conformity with the Personal

9 Responsibility and Work Opportunity Reconciliation Act of

10 1996 (Pub. L. 104-193), or where both parties appeared in

11 open court or at an administrative hearing acknowledging

12 under oath or admitting by affirmation the existence of a

13 father and child relationship. Absent such an

14 adjudication, finding, or acknowledgement, no putative

15 father shall be granted temporary allocation of parental

16 responsibilities, including parenting time with the minor

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

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

19 child be entered.

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

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

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

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

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

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

26 in hardship to respondent that would substantially outweigh the

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

2 shall be an official record or in writing.

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

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

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

6 that cause satisfies the standards for justifiable use of

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

8 (2) Respondent was voluntarily intoxicated;

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

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

11 force was justifiable under Article 7 of the Criminal Code

12 of 2012;

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

14 of another;

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

16 further abuse, neglect, or exploitation by respondent;

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

18 to avoid further abuse, neglect, or exploitation by

19 respondent;

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

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

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

23 or exploitation if the parties had not been family or

24 household members.

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

26 eff. 7-28-16.)

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1 Section 20. The Law Enforcement Disposition of Property Act

2 is amended by changing Section 2 as follows:

3 (765 ILCS 1030/2) (from Ch. 141, par. 142)

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

5 stolen or otherwise illegally possessed shall be retained in

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

7 official of the law enforcement agency, which shall make

8 reasonable inquiry and efforts to identify and notify the owner

9 or other person entitled to possession thereof, and shall

10 return the property after such person provides reasonable and

11 satisfactory proof of his ownership or right to possession and

12 reimburses the agency for all reasonable expenses of such

13 custody.

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

15 having been abandoned or illegally possessed may besold at

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

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

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

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

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

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

22 such confiscated weapon was used for evidentiary purposes.

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