101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3402

Introduced , by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

See Index

Amends the Code of Civil Procedure. Provides that the privilege extended to members of the clergy shall not apply (i) when a member of the clergy is required to report child abuse or neglect pursuant to the Abused and Neglected Child Reporting Act, (ii) in a case involving domestic violence, or (iii) in a case involving violent criminal matters. Amends the Criminal Code of 2012. Exempts from the eavesdropping prohibitions recordings made under the reasonable suspicion that the person is committing, is about to commit, or has committed an act of abuse and that the recording will contain evidence of the abuse. Amends the Illinois Domestic Violence Act of 1986. Provides that all judges who preside over family law or domestic violence courtrooms, mandated reporters, victim assistance professionals, family law attorneys, family law mediators, court-appointed guardians ad litem, court-appointed child representatives, court-appointed therapists and counselors, and court-appointed experts who practice in the area of family law shall complete the Domestic Violence Foundation Training Course offered by the Illinois Coalition Against Domestic Violence. Provides that the clerk of the court shall provide to all petitioners seeking an order of protection resources and information on domestic violence and how to obtain assistance as a victim of domestic violence. Provides that, when determining whether to an issue an order of protection, the court shall consider the law enforcement records relating to domestic violence committed by the respondent for a period of at least 10 years. Provides that if an order of protection is issued, the petitioner is entitled to attorney's fees incurred in bringing the petition. Provides that the Department of State Police shall maintain a complete and systematic record and index of all valid or expired and recorded orders of protection for a period of at least 20 years. Makes additional changes to provisions concerning: purposes and rules of construction; definitions; remedies; law enforcement recordkeeping; and the National Crime Information Center. Makes a corresponding change in the Abused and Neglected Child Reporting Act. Effective immediately.

LRB101 10466 LNS 55572 b

A BILL FOR

HB3402

LRB101 10466 LNS 55572 b

1 AN ACT concerning domestic violence.

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

3 represented in the General Assembly:

4 Section 5. The Abused and Neglected Child Reporting Act is

5 amended by changing Section 4 as follows:

6 (325 ILCS 5/4)

7 Sec. 4. Persons required to report; privileged

8 communications; transmitting false report. Any physician,

9 resident, intern, hospital, hospital administrator and

10 personnel engaged in examination, care and treatment of

11 persons, surgeon, dentist, dentist hygienist, osteopath,

12 chiropractor, podiatric physician, physician assistant,

13 substance abuse treatment personnel, funeral home director or

14 employee, coroner, medical examiner, emergency medical

15 technician, acupuncturist, crisis line or hotline personnel,

16 school personnel (including administrators and both certified

17 and non-certified school employees), personnel of institutions

18 of higher education, educational advocate assigned to a child

19 pursuant to the School Code, member of a school board or the

20 Chicago Board of Education or the governing body of a private

21 school (but only to the extent required in accordance with

22 other provisions of this Section expressly concerning the duty

23 of school board members to report suspected child abuse),

HB3402

- 2 -

LRB101 10466 LNS 55572 b

1 truant officers, social worker, social services administrator,

2 domestic violence program personnel, registered nurse,

3 licensed practical nurse, genetic counselor, respiratory care

4 practitioner, advanced practice registered nurse, home health

5 aide, director or staff assistant of a nursery school or a

6 child day care center, recreational or athletic program or

7 facility personnel, early intervention provider as defined in

8 the Early Intervention Services System Act, law enforcement

9 officer, licensed professional counselor, licensed clinical

10 professional counselor, registered psychologist and assistants

11 working under the direct supervision of a psychologist,

12 psychiatrist, or field personnel of the Department of

13 Healthcare and Family Services, Juvenile Justice, Public

14 Health, Human Services (acting as successor to the Department

15 of Mental Health and Developmental Disabilities,

16 Rehabilitation Services, or Public Aid), Corrections, Human

17 Rights, or Children and Family Services, supervisor and

18 administrator of general assistance under the Illinois Public

19 Aid Code, probation officer, animal control officer or Illinois

20 Department of Agriculture Bureau of Animal Health and Welfare

21 field investigator, or any other foster parent, homemaker or

22 child care worker having reasonable cause to believe a child

23 known to them in their professional or official capacity may be

24 an abused child or a neglected child shall immediately report

25 or cause a report to be made to the Department.

26 Any member of the clergy having reasonable cause to believe

HB3402

- 3 -

LRB101 10466 LNS 55572 b

1 that a child known to that member of the clergy in his or her

2 professional capacity may be an abused child as defined in item

3 (c) of the definition of "abused child" in Section 3 of this

4 Act shall immediately report or cause a report to be made to

5 the Department.

6 Any physician, physician's assistant, registered nurse,

7 licensed practical nurse, medical technician, certified

8 nursing assistant, social worker, or licensed professional

9 counselor of any office, clinic, or any other physical location

10 that provides abortions, abortion referrals, or contraceptives

11 having reasonable cause to believe a child known to him or her

12 in his or her professional or official capacity may be an

13 abused child or a neglected child shall immediately report or

14 cause a report to be made to the Department.

15 If an allegation is raised to a school board member during

16 the course of an open or closed school board meeting that a

17 child who is enrolled in the school district of which he or she

18 is a board member is an abused child as defined in Section 3 of

19 this Act, the member shall direct or cause the school board to

20 direct the superintendent of the school district or other

21 equivalent school administrator to comply with the

22 requirements of this Act concerning the reporting of child

23 abuse. For purposes of this paragraph, a school board member is

24 granted the authority in his or her individual capacity to

25 direct the superintendent of the school district or other

26 equivalent school administrator to comply with the

HB3402

- 4 -

LRB101 10466 LNS 55572 b

1 requirements of this Act concerning the reporting of child

2 abuse.

3 Notwithstanding any other provision of this Act, if an

4 employee of a school district has made a report or caused a

5 report to be made to the Department under this Act involving

6 the conduct of a current or former employee of the school

7 district and a request is made by another school district for

8 the provision of information concerning the job performance or

9 qualifications of the current or former employee because he or

10 she is an applicant for employment with the requesting school

11 district, the general superintendent of the school district to

12 which the request is being made must disclose to the requesting

13 school district the fact that an employee of the school

14 district has made a report involving the conduct of the

15 applicant or caused a report to be made to the Department, as

16 required under this Act. Only the fact that an employee of the

17 school district has made a report involving the conduct of the

18 applicant or caused a report to be made to the Department may

19 be disclosed by the general superintendent of the school

20 district to which the request for information concerning the

21 applicant is made, and this fact may be disclosed only in cases

22 where the employee and the general superintendent have not been

23 informed by the Department that the allegations were unfounded.

24 An employee of a school district who is or has been the subject

25 of a report made pursuant to this Act during his or her

26 employment with the school district must be informed by that

HB3402

- 5 -

LRB101 10466 LNS 55572 b

1 school district that if he or she applies for employment with

2 another school district, the general superintendent of the

3 former school district, upon the request of the school district

4 to which the employee applies, shall notify that requesting

5 school district that the employee is or was the subject of such

6 a report.

7 Whenever such person is required to report under this Act

8 in his capacity as a member of the staff of a medical or other

9 public or private institution, school, facility or agency, or

10 as a member of the clergy, he shall make report immediately to

11 the Department in accordance with the provisions of this Act

12 and may also notify the person in charge of such institution,

13 school, facility or agency, or church, synagogue, temple,

14 mosque, or other religious institution, or his designated agent

15 that such report has been made. Under no circumstances shall

16 any person in charge of such institution, school, facility or

17 agency, or church, synagogue, temple, mosque, or other

18 religious institution, or his designated agent to whom such

19 notification has been made, exercise any control, restraint,

20 modification or other change in the report or the forwarding of

21 such report to the Department.

22 The privileged quality of communication between any

23 professional person required to report and his patient or

24 client shall not apply to situations involving abused or

25 neglected children and shall not constitute grounds for failure

26 to report as required by this Act or constitute grounds for

HB3402

- 6 -

LRB101 10466 LNS 55572 b

1 failure to share information or documents with the Department

2 during the course of a child abuse or neglect investigation. If

3 requested by the professional, the Department shall confirm in

4 writing that the information or documents disclosed by the

5 professional were gathered in the course of a child abuse or

6 neglect investigation.

7 The reporting requirements of this Act shall not apply to

8 the contents of a privileged communication between an attorney

9 and his or her client or to confidential information within the

10 meaning of Rule 1.6 of the Illinois Rules of Professional

11 Conduct relating to the legal representation of an individual

12 client.

13 ~~A member of the clergy may claim the privilege under~~

14 ~~Section 8-803 of the Code of Civil Procedure.~~

15 Any office, clinic, or any other physical location that

16 provides abortions, abortion referrals, or contraceptives

17 shall provide to all office personnel copies of written

18 information and training materials about abuse and neglect and

19 the requirements of this Act that are provided to employees of

20 the office, clinic, or physical location who are required to

21 make reports to the Department under this Act, and instruct

22 such office personnel to bring to the attention of an employee

23 of the office, clinic, or physical location who is required to

24 make reports to the Department under this Act any reasonable

25 suspicion that a child known to him or her in his or her

26 professional or official capacity may be an abused child or a

HB3402

- 7 -

LRB101 10466 LNS 55572 b

1 neglected child. In addition to the above persons required to

2 report suspected cases of abused or neglected children, any

3 other person may make a report if such person has reasonable

4 cause to believe a child may be an abused child or a neglected

5 child.

6 Any person who enters into employment on and after July 1,

7 1986 and is mandated by virtue of that employment to report

8 under this Act, shall sign a statement on a form prescribed by

9 the Department, to the effect that the employee has knowledge

10 and understanding of the reporting requirements of this Act. On

11 and after January 1, 2019, the statement shall also include

12 information about available mandated reporter training

13 provided by the Department. The statement shall be signed prior

14 to commencement of the employment. The signed statement shall

15 be retained by the employer. The cost of printing,

16 distribution, and filing of the statement shall be borne by the

17 employer.

18 Within one year of initial employment and at least every 5

19 years thereafter, school personnel required to report child

20 abuse as provided under this Section must complete mandated

21 reporter training by a provider or agency with expertise in

22 recognizing and reporting child abuse.

23 The Department shall provide copies of this Act, upon

24 request, to all employers employing persons who shall be

25 required under the provisions of this Section to report under

26 this Act.

HB3402

- 8 -

LRB101 10466 LNS 55572 b

1 Any person who knowingly transmits a false report to the

2 Department commits the offense of disorderly conduct under

3 subsection (a)(7) of Section 26-1 of the Criminal Code of 2012.

4 A violation of this provision is a Class 4 felony.

5 Any person who knowingly and willfully violates any

6 provision of this Section other than a second or subsequent

7 violation of transmitting a false report as described in the

8 preceding paragraph, is guilty of a Class A misdemeanor for a

9 first violation and a Class 4 felony for a second or subsequent

10 violation; except that if the person acted as part of a plan or

11 scheme having as its object the prevention of discovery of an

12 abused or neglected child by lawful authorities for the purpose

13 of protecting or insulating any person or entity from arrest or

14 prosecution, the person is guilty of a Class 4 felony for a

15 first offense and a Class 3 felony for a second or subsequent

16 offense (regardless of whether the second or subsequent offense

17 involves any of the same facts or persons as the first or other

18 prior offense).

19 A child whose parent, guardian or custodian in good faith

20 selects and depends upon spiritual means through prayer alone

21 for the treatment or cure of disease or remedial care may be

22 considered neglected or abused, but not for the sole reason

23 that his parent, guardian or custodian accepts and practices

24 such beliefs.

25 A child shall not be considered neglected or abused solely

26 because the child is not attending school in accordance with

HB3402

- 9 -

LRB101 10466 LNS 55572 b

1 the requirements of Article 26 of the School Code, as amended.

2 Nothing in this Act prohibits a mandated reporter who

3 reasonably believes that an animal is being abused or neglected

4 in violation of the Humane Care for Animals Act from reporting

5 animal abuse or neglect to the Department of Agriculture's

6 Bureau of Animal Health and Welfare.

7 A home rule unit may not regulate the reporting of child

8 abuse or neglect in a manner inconsistent with the provisions

9 of this Section. This Section is a limitation under subsection

10 (i) of Section 6 of Article VII of the Illinois Constitution on

11 the concurrent exercise by home rule units of powers and

12 functions exercised by the State.

13 For purposes of this Section "child abuse or neglect"

14 includes abuse or neglect of an adult resident as defined in

15 this Act.

16 (Source: P.A. 100-513, eff. 1-1-18; 100-1071, eff. 1-1-19.)

17 Section 10. The Criminal Code of 2012 is amended by

18 changing Section 14-3 as follows:

19 (720 ILCS 5/14-3)

20 Sec. 14-3. Exemptions. The following activities shall be

21 exempt from the provisions of this Article:

22 (a) Listening to radio, wireless electronic

23 communications, and television communications of any sort

24 where the same are publicly made;

HB3402

- 10 -

LRB101 10466 LNS 55572 b

1 (b) Hearing conversation when heard by employees of any

2 common carrier by wire incidental to the normal course of their

3 employment in the operation, maintenance or repair of the

4 equipment of such common carrier by wire so long as no

5 information obtained thereby is used or divulged by the hearer;

6 (c) Any broadcast by radio, television or otherwise whether

7 it be a broadcast or recorded for the purpose of later

8 broadcasts of any function where the public is in attendance

9 and the conversations are overheard incidental to the main

10 purpose for which such broadcasts are then being made;

11 (d) Recording or listening with the aid of any device to

12 any emergency communication made in the normal course of

13 operations by any federal, state or local law enforcement

14 agency or institutions dealing in emergency services,

15 including, but not limited to, hospitals, clinics, ambulance

16 services, fire fighting agencies, any public utility,

17 emergency repair facility, civilian defense establishment or

18 military installation;

19 (e) Recording the proceedings of any meeting required to be

20 open by the Open Meetings Act, as amended;

21 (f) Recording or listening with the aid of any device to

22 incoming telephone calls of phone lines publicly listed or

23 advertised as consumer "hotlines" by manufacturers or

24 retailers of food and drug products. Such recordings must be

25 destroyed, erased or turned over to local law enforcement

26 authorities within 24 hours from the time of such recording and

HB3402

- 11 -

LRB101 10466 LNS 55572 b

1 shall not be otherwise disseminated. Failure on the part of the

2 individual or business operating any such recording or

3 listening device to comply with the requirements of this

4 subsection shall eliminate any civil or criminal immunity

5 conferred upon that individual or business by the operation of

6 this Section;

7 (g) With prior notification to the State's Attorney of the

8 county in which it is to occur, recording or listening with the

9 aid of any device to any conversation where a law enforcement

10 officer, or any person acting at the direction of law

11 enforcement, is a party to the conversation and has consented

12 to it being intercepted or recorded under circumstances where

13 the use of the device is necessary for the protection of the

14 law enforcement officer or any person acting at the direction

15 of law enforcement, in the course of an investigation of a

16 forcible felony, a felony offense of involuntary servitude,

17 involuntary sexual servitude of a minor, or trafficking in

18 persons under Section 10-9 of this Code, an offense involving

19 prostitution, solicitation of a sexual act, or pandering, a

20 felony violation of the Illinois Controlled Substances Act, a

21 felony violation of the Cannabis Control Act, a felony

22 violation of the Methamphetamine Control and Community

23 Protection Act, any "streetgang related" or "gang-related"

24 felony as those terms are defined in the Illinois Streetgang

25 Terrorism Omnibus Prevention Act, or any felony offense

26 involving any weapon listed in paragraphs (1) through (11) of

HB3402

- 12 -

LRB101 10466 LNS 55572 b

1 subsection (a) of Section 24-1 of this Code. Any recording or

2 evidence derived as the result of this exemption shall be

3 inadmissible in any proceeding, criminal, civil or

4 administrative, except (i) where a party to the conversation

5 suffers great bodily injury or is killed during such

6 conversation, or (ii) when used as direct impeachment of a

7 witness concerning matters contained in the interception or

8 recording. The Director of the Department of State Police shall

9 issue regulations as are necessary concerning the use of

10 devices, retention of tape recordings, and reports regarding

11 their use;

12 (g-5) (Blank);

13 (g-6) With approval of the State's Attorney of the county

14 in which it is to occur, recording or listening with the aid of

15 any device to any conversation where a law enforcement officer,

16 or any person acting at the direction of law enforcement, is a

17 party to the conversation and has consented to it being

18 intercepted or recorded in the course of an investigation of

19 child pornography, aggravated child pornography, indecent

20 solicitation of a child, luring of a minor, sexual exploitation

21 of a child, aggravated criminal sexual abuse in which the

22 victim of the offense was at the time of the commission of the

23 offense under 18 years of age, or criminal sexual abuse by

24 force or threat of force in which the victim of the offense was

25 at the time of the commission of the offense under 18 years of

26 age. In all such cases, an application for an order approving

HB3402

- 13 -

LRB101 10466 LNS 55572 b

1 the previous or continuing use of an eavesdropping device must

2 be made within 48 hours of the commencement of such use. In the

3 absence of such an order, or upon its denial, any continuing

4 use shall immediately terminate. The Director of State Police

5 shall issue rules as are necessary concerning the use of

6 devices, retention of recordings, and reports regarding their

7 use. Any recording or evidence obtained or derived in the

8 course of an investigation of child pornography, aggravated

9 child pornography, indecent solicitation of a child, luring of

10 a minor, sexual exploitation of a child, aggravated criminal

11 sexual abuse in which the victim of the offense was at the time

12 of the commission of the offense under 18 years of age, or

13 criminal sexual abuse by force or threat of force in which the

14 victim of the offense was at the time of the commission of the

15 offense under 18 years of age shall, upon motion of the State's

16 Attorney or Attorney General prosecuting any case involving

17 child pornography, aggravated child pornography, indecent

18 solicitation of a child, luring of a minor, sexual exploitation

19 of a child, aggravated criminal sexual abuse in which the

20 victim of the offense was at the time of the commission of the

21 offense under 18 years of age, or criminal sexual abuse by

22 force or threat of force in which the victim of the offense was

23 at the time of the commission of the offense under 18 years of

24 age be reviewed in camera with notice to all parties present by

25 the court presiding over the criminal case, and, if ruled by

26 the court to be relevant and otherwise admissible, it shall be

HB3402

- 14 -

LRB101 10466 LNS 55572 b

1 admissible at the trial of the criminal case. Absent such a

2 ruling, any such recording or evidence shall not be admissible

3 at the trial of the criminal case;

4 (h) Recordings made simultaneously with the use of an

5 in-car video camera recording of an oral conversation between a

6 uniformed peace officer, who has identified his or her office,

7 and a person in the presence of the peace officer whenever (i)

8 an officer assigned a patrol vehicle is conducting an

9 enforcement stop; or (ii) patrol vehicle emergency lights are

10 activated or would otherwise be activated if not for the need

11 to conceal the presence of law enforcement.

12 For the purposes of this subsection (h), "enforcement stop"

13 means an action by a law enforcement officer in relation to

14 enforcement and investigation duties, including but not

15 limited to, traffic stops, pedestrian stops, abandoned vehicle

16 contacts, motorist assists, commercial motor vehicle stops,

17 roadside safety checks, requests for identification, or

18 responses to requests for emergency assistance;

19 (h-5) Recordings of utterances made by a person while in

20 the presence of a uniformed peace officer and while an occupant

21 of a police vehicle including, but not limited to, (i)

22 recordings made simultaneously with the use of an in-car video

23 camera and (ii) recordings made in the presence of the peace

24 officer utilizing video or audio systems, or both, authorized

25 by the law enforcement agency;

26 (h-10) Recordings made simultaneously with a video camera

HB3402

- 15 -

LRB101 10466 LNS 55572 b

1 recording during the use of a taser or similar weapon or device

2 by a peace officer if the weapon or device is equipped with

3 such camera;

4 (h-15) Recordings made under subsection (h), (h-5), or

5 (h-10) shall be retained by the law enforcement agency that

6 employs the peace officer who made the recordings for a storage

7 period of 90 days, unless the recordings are made as a part of

8 an arrest or the recordings are deemed evidence in any

9 criminal, civil, or administrative proceeding and then the

10 recordings must only be destroyed upon a final disposition and

11 an order from the court. Under no circumstances shall any

12 recording be altered or erased prior to the expiration of the

13 designated storage period. Upon completion of the storage

14 period, the recording medium may be erased and reissued for

15 operational use;

16 (i) Recording of a conversation made by or at the request

17 of a person, not a law enforcement officer or agent of a law

18 enforcement officer, who is a party to the conversation, under

19 reasonable suspicion that another party to the conversation is

20 committing, is about to commit, or has committed a criminal

21 offense against the person or a member of his or her immediate

22 household, and there is reason to believe that evidence of the

23 criminal offense may be obtained by the recording;

24 (i-5) Recordings made of a person under reasonable

25 suspicion that the person is committing, is about to commit, or

26 has committed an act of abuse as defined in Section 103 of the

HB3402

- 16 -

LRB101 10466 LNS 55572 b

1 Illinois Domestic Violence Act of 1986, and there is reason to

2 believe that evidence of the act of abuse may be obtained by

3 the recording;

4 (j) The use of a telephone monitoring device by either (1)

5 a corporation or other business entity engaged in marketing or

6 opinion research or (2) a corporation or other business entity

7 engaged in telephone solicitation, as defined in this

8 subsection, to record or listen to oral telephone solicitation

9 conversations or marketing or opinion research conversations

10 by an employee of the corporation or other business entity

11 when:

12 (i) the monitoring is used for the purpose of service

13 quality control of marketing or opinion research or

14 telephone solicitation, the education or training of

15 employees or contractors engaged in marketing or opinion

16 research or telephone solicitation, or internal research

17 related to marketing or opinion research or telephone

18 solicitation; and

19 (ii) the monitoring is used with the consent of at

20 least one person who is an active party to the marketing or

21 opinion research conversation or telephone solicitation

22 conversation being monitored.

23 No communication or conversation or any part, portion, or

24 aspect of the communication or conversation made, acquired, or

25 obtained, directly or indirectly, under this exemption (j), may

26 be, directly or indirectly, furnished to any law enforcement

HB3402

- 17 -

LRB101 10466 LNS 55572 b

1 officer, agency, or official for any purpose or used in any

2 inquiry or investigation, or used, directly or indirectly, in

3 any administrative, judicial, or other proceeding, or divulged

4 to any third party.

5 When recording or listening authorized by this subsection

6 (j) on telephone lines used for marketing or opinion research

7 or telephone solicitation purposes results in recording or

8 listening to a conversation that does not relate to marketing

9 or opinion research or telephone solicitation; the person

10 recording or listening shall, immediately upon determining

11 that the conversation does not relate to marketing or opinion

12 research or telephone solicitation, terminate the recording or

13 listening and destroy any such recording as soon as is

14 practicable.

15 Business entities that use a telephone monitoring or

16 telephone recording system pursuant to this exemption (j) shall

17 provide current and prospective employees with notice that the

18 monitoring or recordings may occur during the course of their

19 employment. The notice shall include prominent signage

20 notification within the workplace.

21 Business entities that use a telephone monitoring or

22 telephone recording system pursuant to this exemption (j) shall

23 provide their employees or agents with access to personal-only

24 telephone lines which may be pay telephones, that are not

25 subject to telephone monitoring or telephone recording.

26 For the purposes of this subsection (j), "telephone

HB3402

- 18 -

LRB101 10466 LNS 55572 b

1 solicitation" means a communication through the use of a

2 telephone by live operators:

3 (i) soliciting the sale of goods or services;

4 (ii) receiving orders for the sale of goods or

5 services;

6 (iii) assisting in the use of goods or services; or

7 (iv) engaging in the solicitation, administration, or

8 collection of bank or retail credit accounts.

9 For the purposes of this subsection (j), "marketing or

10 opinion research" means a marketing or opinion research

11 interview conducted by a live telephone interviewer engaged by

12 a corporation or other business entity whose principal business

13 is the design, conduct, and analysis of polls and surveys

14 measuring the opinions, attitudes, and responses of

15 respondents toward products and services, or social or

16 political issues, or both;

17 (k) Electronic recordings, including but not limited to, a

18 motion picture, videotape, digital, or other visual or audio

19 recording, made of a custodial interrogation of an individual

20 at a police station or other place of detention by a law

21 enforcement officer under Section 5-401.5 of the Juvenile Court

22 Act of 1987 or Section 103-2.1 of the Code of Criminal

23 Procedure of 1963;

24 (l) Recording the interview or statement of any person when

25 the person knows that the interview is being conducted by a law

26 enforcement officer or prosecutor and the interview takes place

HB3402

- 19 -

LRB101 10466 LNS 55572 b

1 at a police station that is currently participating in the

2 Custodial Interview Pilot Program established under the

3 Illinois Criminal Justice Information Act;

4 (m) An electronic recording, including but not limited to,

5 a motion picture, videotape, digital, or other visual or audio

6 recording, made of the interior of a school bus while the

7 school bus is being used in the transportation of students to

8 and from school and school-sponsored activities, when the

9 school board has adopted a policy authorizing such recording,

10 notice of such recording policy is included in student

11 handbooks and other documents including the policies of the

12 school, notice of the policy regarding recording is provided to

13 parents of students, and notice of such recording is clearly

14 posted on the door of and inside the school bus.

15 Recordings made pursuant to this subsection (m) shall be

16 confidential records and may only be used by school officials

17 (or their designees) and law enforcement personnel for

18 investigations, school disciplinary actions and hearings,

19 proceedings under the Juvenile Court Act of 1987, and criminal

20 prosecutions, related to incidents occurring in or around the

21 school bus;

22 (n) Recording or listening to an audio transmission from a

23 microphone placed by a person under the authority of a law

24 enforcement agency inside a bait car surveillance vehicle while

25 simultaneously capturing a photographic or video image;

26 (o) The use of an eavesdropping camera or audio device

HB3402

- 20 -

LRB101 10466 LNS 55572 b

1 during an ongoing hostage or barricade situation by a law

2 enforcement officer or individual acting on behalf of a law

3 enforcement officer when the use of such device is necessary to

4 protect the safety of the general public, hostages, or law

5 enforcement officers or anyone acting on their behalf;

6 (p) Recording or listening with the aid of any device to

7 incoming telephone calls of phone lines publicly listed or

8 advertised as the "CPS Violence Prevention Hotline", but only

9 where the notice of recording is given at the beginning of each

10 call as required by Section 34-21.8 of the School Code. The

11 recordings may be retained only by the Chicago Police

12 Department or other law enforcement authorities, and shall not

13 be otherwise retained or disseminated;

14 (q)(1) With prior request to and written or verbal approval

15 of the State's Attorney of the county in which the conversation

16 is anticipated to occur, recording or listening with the aid of

17 an eavesdropping device to a conversation in which a law

18 enforcement officer, or any person acting at the direction of a

19 law enforcement officer, is a party to the conversation and has

20 consented to the conversation being intercepted or recorded in

21 the course of an investigation of a qualified offense. The

22 State's Attorney may grant this approval only after determining

23 that reasonable cause exists to believe that inculpatory

24 conversations concerning a qualified offense will occur with a

25 specified individual or individuals within a designated period

26 of time.

HB3402

- 21 -

LRB101 10466 LNS 55572 b

1 (2) Request for approval. To invoke the exception contained

2 in this subsection (q), a law enforcement officer shall make a

3 request for approval to the appropriate State's Attorney. The

4 request may be written or verbal; however, a written

5 memorialization of the request must be made by the State's

6 Attorney. This request for approval shall include whatever

7 information is deemed necessary by the State's Attorney but

8 shall include, at a minimum, the following information about

9 each specified individual whom the law enforcement officer

10 believes will commit a qualified offense:

11 (A) his or her full or partial name, nickname or alias;

12 (B) a physical description; or

13 (C) failing either (A) or (B) of this paragraph (2),

14 any other supporting information known to the law

15 enforcement officer at the time of the request that gives

16 rise to reasonable cause to believe that the specified

17 individual will participate in an inculpatory conversation

18 concerning a qualified offense.

19 (3) Limitations on approval. Each written approval by the

20 State's Attorney under this subsection (q) shall be limited to:

21 (A) a recording or interception conducted by a

22 specified law enforcement officer or person acting at the

23 direction of a law enforcement officer;

24 (B) recording or intercepting conversations with the

25 individuals specified in the request for approval,

26 provided that the verbal approval shall be deemed to

HB3402

- 22 -

LRB101 10466 LNS 55572 b

1 include the recording or intercepting of conversations

2 with other individuals, unknown to the law enforcement

3 officer at the time of the request for approval, who are

4 acting in conjunction with or as co-conspirators with the

5 individuals specified in the request for approval in the

6 commission of a qualified offense;

7 (C) a reasonable period of time but in no event longer

8 than 24 consecutive hours;

9 (D) the written request for approval, if applicable, or

10 the written memorialization must be filed, along with the

11 written approval, with the circuit clerk of the

12 jurisdiction on the next business day following the

13 expiration of the authorized period of time, and shall be

14 subject to review by the Chief Judge or his or her designee

15 as deemed appropriate by the court.

16 (3.5) The written memorialization of the request for

17 approval and the written approval by the State's Attorney may

18 be in any format, including via facsimile, email, or otherwise,

19 so long as it is capable of being filed with the circuit clerk.

20 (3.10) Beginning March 1, 2015, each State's Attorney shall

21 annually submit a report to the General Assembly disclosing:

22 (A) the number of requests for each qualified offense

23 for approval under this subsection; and

24 (B) the number of approvals for each qualified offense

25 given by the State's Attorney.

26 (4) Admissibility of evidence. No part of the contents of

HB3402

- 23 -

LRB101 10466 LNS 55572 b

1 any wire, electronic, or oral communication that has been

2 recorded or intercepted as a result of this exception may be

3 received in evidence in any trial, hearing, or other proceeding

4 in or before any court, grand jury, department, officer,

5 agency, regulatory body, legislative committee, or other

6 authority of this State, or a political subdivision of the

7 State, other than in a prosecution of:

8 (A) the qualified offense for which approval was given

9 to record or intercept a conversation under this subsection

10 (q);

11 (B) a forcible felony committed directly in the course

12 of the investigation of the qualified offense for which

13 approval was given to record or intercept a conversation

14 under this subsection (q); or

15 (C) any other forcible felony committed while the

16 recording or interception was approved in accordance with

17 this subsection (q), but for this specific category of

18 prosecutions, only if the law enforcement officer or person

19 acting at the direction of a law enforcement officer who

20 has consented to the conversation being intercepted or

21 recorded suffers great bodily injury or is killed during

22 the commission of the charged forcible felony.

23 (5) Compliance with the provisions of this subsection is a

24 prerequisite to the admissibility in evidence of any part of

25 the contents of any wire, electronic or oral communication that

26 has been intercepted as a result of this exception, but nothing

HB3402

- 24 -

LRB101 10466 LNS 55572 b

1 in this subsection shall be deemed to prevent a court from

2 otherwise excluding the evidence on any other ground recognized

3 by State or federal law, nor shall anything in this subsection

4 be deemed to prevent a court from independently reviewing the

5 admissibility of the evidence for compliance with the Fourth

6 Amendment to the U.S. Constitution or with Article I, Section 6

7 of the Illinois Constitution.

8 (6) Use of recordings or intercepts unrelated to qualified

9 offenses. Whenever any private conversation or private

10 electronic communication has been recorded or intercepted as a

11 result of this exception that is not related to an offense for

12 which the recording or intercept is admissible under paragraph

13 (4) of this subsection (q), no part of the contents of the

14 communication and evidence derived from the communication may

15 be received in evidence in any trial, hearing, or other

16 proceeding in or before any court, grand jury, department,

17 officer, agency, regulatory body, legislative committee, or

18 other authority of this State, or a political subdivision of

19 the State, nor may it be publicly disclosed in any way.

20 (6.5) The Department of State Police shall adopt rules as

21 are necessary concerning the use of devices, retention of

22 recordings, and reports regarding their use under this

23 subsection (q).

24 (7) Definitions. For the purposes of this subsection (q)

25 only:

26 "Forcible felony" includes and is limited to those

HB3402

- 25 -

LRB101 10466 LNS 55572 b

1 offenses contained in Section 2-8 of the Criminal Code of

2 1961 as of the effective date of this amendatory Act of the

3 97th General Assembly, and only as those offenses have been

4 defined by law or judicial interpretation as of that date.

5 "Qualified offense" means and is limited to:

6 (A) a felony violation of the Cannabis Control Act,

7 the Illinois Controlled Substances Act, or the

8 Methamphetamine Control and Community Protection Act,

9 except for violations of:

10 (i) Section 4 of the Cannabis Control Act;

11 (ii) Section 402 of the Illinois Controlled

12 Substances Act; and

13 (iii) Section 60 of the Methamphetamine

14 Control and Community Protection Act; and

15 (B) first degree murder, solicitation of murder

16 for hire, predatory criminal sexual assault of a child,

17 criminal sexual assault, aggravated criminal sexual

18 assault, aggravated arson, kidnapping, aggravated

19 kidnapping, child abduction, trafficking in persons,

20 involuntary servitude, involuntary sexual servitude of

21 a minor, or gunrunning.

22 "State's Attorney" includes and is limited to the

23 State's Attorney or an assistant State's Attorney

24 designated by the State's Attorney to provide verbal

25 approval to record or intercept conversations under this

26 subsection (q).

HB3402

- 26 -

LRB101 10466 LNS 55572 b

1 (8) Sunset. This subsection (q) is inoperative on and after

2 January 1, 2020. No conversations intercepted pursuant to this

3 subsection (q), while operative, shall be inadmissible in a

4 court of law by virtue of the inoperability of this subsection

5 (q) on January 1, 2020.

6 (9) Recordings, records, and custody. Any private

7 conversation or private electronic communication intercepted

8 by a law enforcement officer or a person acting at the

9 direction of law enforcement shall, if practicable, be recorded

10 in such a way as will protect the recording from editing or

11 other alteration. Any and all original recordings made under

12 this subsection (q) shall be inventoried without unnecessary

13 delay pursuant to the law enforcement agency's policies for

14 inventorying evidence. The original recordings shall not be

15 destroyed except upon an order of a court of competent

16 jurisdiction; and

17 (r) Electronic recordings, including but not limited to,

18 motion picture, videotape, digital, or other visual or audio

19 recording, made of a lineup under Section 107A-2 of the Code of

20 Criminal Procedure of 1963.

21 (Source: P.A. 100-572, eff. 12-29-17.)

22 Section 15. The Code of Civil Procedure is amended by

23 changing Section 8-803 as follows:

24 (735 ILCS 5/8-803) (from Ch. 110, par. 8-803)

HB3402

- 27 -

LRB101 10466 LNS 55572 b

1 Sec. 8-803. Clergy. A clergyman or practitioner of any

2 religious denomination accredited by the religious body to

3 which he or she belongs, shall not be compelled to disclose in

4 any court, or to any administrative board or agency, or to any

5 public officer, a confession or admission made to him or her in

6 his or her professional character or as a spiritual advisor in

7 the course of the discipline enjoined by the rules or practices

8 of such religious body or of the religion which he or she

9 professes, nor be compelled to divulge any information which

10 has been obtained by him or her in such professional character

11 or as such spiritual advisor.

12 This privilege shall not apply (i) when a member of the

13 clergy is required to report child abuse or neglect pursuant to

14 Section 4 of the Abused and Neglected Child Reporting Act, (ii)

15 in a case involving domestic violence pursuant to the Illinois

16 Domestic Violence Act of 1986, or (iii) in a case involving

17 violent criminal matters.

18 (Source: P.A. 82-280.)

19 Section 20. The Illinois Domestic Violence Act of 1986 is

20 amended by changing Sections 102, 103, 214, and 302 and by

21 adding Sections 212.5, 213.4, and 302.5 as follows:

22 (750 ILCS 60/102) (from Ch. 40, par. 2311-2)

23 Sec. 102. Purposes~~; rules of construction~~. This Act shall

24 be liberally construed and applied to promote its underlying

HB3402

- 28 -

LRB101 10466 LNS 55572 b

1 purposes, which are to:

2 (1) Recognize that domestic violence is a serious offense

3 against individuals, families, and society that has serious

4 negative short-term and long-term effects on individuals and

5 families in this State, including post-traumatic stress

6 disorder, injuries, death, physical ailments, emotional

7 distress, trauma, divorce, homelessness, poverty, instability,

8 and emotionally and physically unhealthy children and adults

9 ~~Recognize domestic violence as a serious crime against the~~

10 ~~individual and society which produces family disharmony in~~

11 ~~thousands of Illinois families, promotes a pattern of~~

12 ~~escalating violence which frequently culminates in~~

13 ~~intra-family homicide, and creates an emotional atmosphere~~

14 ~~that is not conducive to healthy childhood development~~;

15 (2) Recognize that domestic violence is a widespread

16 epidemic in our society; ~~Recognize domestic violence against~~

17 ~~high risk adults with disabilities, who are particularly~~

18 ~~vulnerable due to impairments in ability to seek or obtain~~

19 ~~protection, as a serious problem which takes on many forms,~~

20 ~~including physical abuse, sexual abuse, neglect, and~~

21 ~~exploitation, and facilitate accessibility of remedies under~~

22 ~~the Act in order to provide immediate and effective assistance~~

23 ~~and protection.~~

24 (3) Recognize that domestic violence, including emotional,

25 verbal, financial, physical, and sexual abuse, as defined by

26 the Illinois Coalition on Domestic Violence, is one of the main

HB3402

- 29 -

LRB101 10466 LNS 55572 b

1 causes of divorce ~~Recognize that the legal system has~~

2 ~~ineffectively dealt with family violence in the past, allowing~~

3 ~~abusers to escape effective prosecution or financial~~

4 ~~liability, and has not adequately acknowledged the criminal~~

5 ~~nature of domestic violence; that, although many laws have~~

6 ~~changed, in practice there is still widespread failure to~~

7 ~~appropriately protect and assist victims~~;

8 (4) Recognize that domestic violence is a pattern of

9 violent behavior that is repeated throughout the life of the

10 perpetrator, and that the best indicator of future behavior of

11 the perpetrator is the past behavior of the perpetrator ~~Support~~

12 ~~the efforts of victims of domestic violence to avoid further~~

13 ~~abuse by promptly entering and diligently enforcing court~~

14 ~~orders which prohibit abuse and, when necessary, reduce the~~

15 ~~abuser's access to the victim and address any related issues of~~

16 ~~child custody and economic support, so that victims are not~~

17 ~~trapped in abusive situations by fear of retaliation, loss of a~~

18 ~~child, financial dependence, or loss of accessible housing or~~

19 ~~services~~;

20 (5) Recognize that perpetrators of domestic violence often

21 travel from state to state to avoid legal consequences and to

22 avoid detection of past history of criminal records and orders

23 of protection; ~~Clarify the responsibilities and support the~~

24 ~~efforts of law enforcement officers to provide immediate,~~

25 ~~effective assistance and protection for victims of domestic~~

26 ~~violence, recognizing that law enforcement officers often~~

HB3402

- 30 -

LRB101 10466 LNS 55572 b

1 ~~become the secondary victims of domestic violence, as evidenced~~

2 ~~by the high rates of police injuries and deaths that occur in~~

3 ~~response to domestic violence calls; and~~

4 (6) Recognize that courts and law enforcement do not have

5 access to complete criminal records and order of protection

6 records; ~~Expand the civil and criminal remedies for victims of~~

7 ~~domestic violence; including, when necessary, the remedies~~

8 ~~which effect physical separation of the parties to prevent~~

9 ~~further abuse.~~

10 (7) Recognize that many actual incidents of domestic

11 violence are not reported to law enforcement or the courts, and

12 that many actual incidents of domestic violence that are

13 reported do not lead to criminal convictions or incarceration

14 due to fear of the victims, pressure on the victims to refrain

15 from reporting or pressing charges, and lack of zealous

16 prosecution;

17 (8) Recognize that the court system has not had access to a

18 perpetrator's complete past criminal records, arrest records,

19 conviction records, and order of protection records when

20 determining whether to issue an order of protection;

21 (9) Recognize that the courts having access to and

22 considering a perpetrator's complete past criminal records,

23 arrest records, conviction records, and order of protection

24 records gives a more complete picture of the pattern of

25 domestic violence that is imperative to determining the threat

26 of future violent behavior and protecting the victim when

HB3402

- 31 -

LRB101 10466 LNS 55572 b

1 determining whether to issue an order of protection;

2 (10) Recognize that domestic violence is silenced and

3 misunderstood by much of the legal system, which has allowed

4 widespread failure in protecting victims of domestic violence;

5 (11) Recognize that perpetrators of abuse use the legal

6 system and court system to further emotional and financial

7 abuse upon their victims, and to force them to incur further

8 legal fees;

9 (12) Recognize that victims of domestic abuse find it

10 extremely difficult to provide sufficient evidence of abuse to

11 the court due to the current restrictive laws on recording;

12 (13) Recognize that judges who preside over family law or

13 domestic violence courtrooms, mandated reporters, victim

14 assistance professionals, family law attorneys, family law

15 mediators, court-appointed guardians ad litem, court-appointed

16 child representatives, court-appointed therapists and

17 counselors, and court-appointed experts who practice in the

18 area of family law are not currently required to undergo

19 domestic violence education;

20 (14) Recognize that domestic violence education for judges

21 who preside over family law or domestic violence courtrooms,

22 mandated reporters, victim assistance professionals, family

23 law attorneys, family law mediators, court-appointed guardians

24 ad litem, court-appointed child representatives,

25 court-appointed therapists and counselors, and court-appointed

26 experts who practice in the area of family law would assist

HB3402

- 32 -

LRB101 10466 LNS 55572 b

1 these professionals in his or her duties and would assist in

2 protecting victims of domestic violence.

3 (Source: P.A. 86-542; 87-1186.)

4 (750 ILCS 60/103) (from Ch. 40, par. 2311-3)

5 Sec. 103. Definitions. For the purposes of this Act, the

6 following terms shall have the following meanings:

7 (1) "Abuse" means physical abuse, harassment, intimidation

8 of a dependent, interference with personal liberty or willful

9 deprivation but does not include reasonable direction of a

10 minor child by a parent or person in loco parentis.

11 (2) "Adult with disabilities" means an elder adult with

12 disabilities or a high-risk adult with disabilities. A person

13 may be an adult with disabilities for purposes of this Act even

14 though he or she has never been adjudicated an incompetent

15 adult. However, no court proceeding may be initiated or

16 continued on behalf of an adult with disabilities over that

17 adult's objection, unless such proceeding is approved by his or

18 her legal guardian, if any.

19 (3) "Domestic violence" means abuse as defined in paragraph

20 (1).

21 (4) "Elder adult with disabilities" means an adult

22 prevented by advanced age from taking appropriate action to

23 protect himself or herself from abuse by a family or household

24 member.

25 (5) "Exploitation" means the illegal, including tortious,

HB3402

- 33 -

LRB101 10466 LNS 55572 b

1 use of a high-risk adult with disabilities or of the assets or

2 resources of a high-risk adult with disabilities. Exploitation

3 includes, but is not limited to, the misappropriation of assets

4 or resources of a high-risk adult with disabilities by undue

5 influence, by breach of a fiduciary relationship, by fraud,

6 deception, or extortion, or the use of such assets or resources

7 in a manner contrary to law.

8 (6) "Family or household members" include spouses, former

9 spouses, parents, children, stepchildren and other persons

10 related by blood or by present or prior marriage, persons who

11 share or formerly shared a common dwelling, persons who have or

12 allegedly have a child in common, persons who share or

13 allegedly share a blood relationship through a child, persons

14 who have or have had a dating or engagement relationship,

15 persons with disabilities and their personal assistants, and

16 caregivers as defined in Section 12-4.4a of the Criminal Code

17 of 2012. For purposes of this paragraph, neither a casual

18 acquaintanceship nor ordinary fraternization between 2

19 individuals in business or social contexts shall be deemed to

20 constitute a dating relationship. In the case of a high-risk

21 adult with disabilities, "family or household members"

22 includes any person who has the responsibility for a high-risk

23 adult as a result of a family relationship or who has assumed

24 responsibility for all or a portion of the care of a high-risk

25 adult with disabilities voluntarily, or by express or implied

26 contract, or by court order.

HB3402

- 34 -

LRB101 10466 LNS 55572 b

1 (7) "Harassment" means knowing conduct which is not

2 necessary to accomplish a purpose that is reasonable under the

3 circumstances; would cause a reasonable person emotional

4 distress; and does cause emotional distress to the petitioner.

5 Unless the presumption is rebutted by a preponderance of the

6 evidence, the following types of conduct shall be presumed to

7 cause emotional distress:

8 (i) creating a disturbance at petitioner's place of

9 employment or school;

10 (ii) repeatedly telephoning petitioner's place of

11 employment, home or residence;

12 (iii) repeatedly following petitioner about in a

13 public place or places;

14 (iv) repeatedly keeping petitioner under surveillance

15 by remaining present outside his or her home, school, place

16 of employment, vehicle or other place occupied by

17 petitioner or by peering in petitioner's windows;

18 (v) improperly concealing a minor child from

19 petitioner, repeatedly threatening to improperly remove a

20 minor child of petitioner's from the jurisdiction or from

21 the physical care of petitioner, repeatedly threatening to

22 conceal a minor child from petitioner, or making a single

23 such threat following an actual or attempted improper

24 removal or concealment, unless respondent was fleeing an

25 incident or pattern of domestic violence; or

26 (vi) threatening physical force, confinement or

HB3402

- 35 -

LRB101 10466 LNS 55572 b

1 restraint on one or more occasions.

2 (8) "High-risk adult with disabilities" means a person aged

3 18 or over whose physical or mental disability impairs his or

4 her ability to seek or obtain protection from abuse, neglect,

5 or exploitation.

6 (8.5) "Household animal" means any animal owned,

7 possessed, leased, kept, or held by a person or a minor child

8 residing in the residence or household.

9 (9) "Interference with personal liberty" means committing

10 or threatening physical abuse, harassment, intimidation or

11 willful deprivation so as to compel another to engage in

12 conduct from which she or he has a right to abstain or to

13 refrain from conduct in which she or he has a right to engage.

14 (10) "Intimidation of a dependent" means subjecting a

15 person who is dependent because of age, health or disability to

16 participation in or the witnessing of: physical force against

17 another or physical confinement or restraint of another which

18 constitutes physical abuse as defined in this Act, regardless

19 of whether the abused person is a family or household member.

20 (11) (A) "Neglect" means the failure to exercise that

21 degree of care toward a high-risk adult with disabilities which

22 a reasonable person would exercise under the circumstances and

23 includes but is not limited to:

24 (i) the failure to take reasonable steps to protect a

25 high-risk adult with disabilities from acts of abuse;

26 (ii) the repeated, careless imposition of unreasonable

HB3402

- 36 -

LRB101 10466 LNS 55572 b

1 confinement;

2 (iii) the failure to provide food, shelter, clothing,

3 and personal hygiene to a high-risk adult with disabilities

4 who requires such assistance;

5 (iv) the failure to provide medical and rehabilitative

6 care for the physical and mental health needs of a

7 high-risk adult with disabilities; or

8 (v) the failure to protect a high-risk adult with

9 disabilities from health and safety hazards.

10 (B) Nothing in this subsection (10) shall be construed to

11 impose a requirement that assistance be provided to a high-risk

12 adult with disabilities over his or her objection in the

13 absence of a court order, nor to create any new affirmative

14 duty to provide support to a high-risk adult with disabilities.

15 (12) "Order of protection" means an emergency order,

16 interim order or plenary order, granted pursuant to this Act,

17 which includes any or all of the remedies authorized by Section

18 214 of this Act.

19 (13) "Petitioner" may mean not only any named petitioner

20 for the order of protection and any named victim of abuse on

21 whose behalf the petition is brought, but also any other person

22 protected by this Act.

23 (14) "Physical abuse" includes sexual abuse and means any

24 of the following:

25 (i) knowing or reckless use of physical force,

26 confinement or restraint;

HB3402

- 37 -

LRB101 10466 LNS 55572 b

1 (ii) knowing, repeated and unnecessary sleep

2 deprivation; or

3 (iii) knowing or reckless conduct which creates an

4 immediate risk of physical harm.

5 (14.5) "Stay away" means for the respondent to refrain from

6 both physical presence and nonphysical contact with the

7 petitioner whether direct, indirect (including, but not

8 limited to, telephone calls, mail, email, faxes, and written

9 notes), or through third parties who may or may not know about

10 the order of protection.

11 (15) "Willful deprivation" means wilfully denying a person

12 who because of age, health or disability requires medication,

13 medical care, shelter, accessible shelter or services, food,

14 therapeutic device, or other physical assistance, and thereby

15 exposing that person to the risk of physical, mental or

16 emotional harm, except with regard to medical care or treatment

17 when the dependent person has expressed an intent to forgo such

18 medical care or treatment. This paragraph does not create any

19 new affirmative duty to provide support to dependent persons.

20 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)

21 (750 ILCS 60/212.5 new)

22 Sec. 212.5. Domestic violence education and information.

23 (a) All judges who preside over family law or domestic

24 violence courtrooms, mandated reporters pursuant to Section 4

25 of the Abused and Neglected Child Reporting Act, victim

HB3402

- 38 -

LRB101 10466 LNS 55572 b

1 assistance professionals, family law attorneys, family law

2 mediators, court-appointed guardians ad litem, court-appointed

3 child representatives, court-appointed therapists and

4 counselors, and court-appointed experts who practice in the

5 area of family law shall complete the Domestic Violence

6 Foundation Training Course offered by the Illinois Coalition

7 Against Domestic Violence. The Domestic Violence Foundation

8 Training Course shall include topics regarding physical,

9 emotional, and financial abuse, and a specific focus on how

10 emotional abuse affects children.

11 (b) For current judges and all other professionals

12 practicing on the effective date of this amendatory Act of the

13 101st General Assembly, the Domestic Violence Foundation

14 Training Course shall be completed within 24 months of the

15 effective date of this amendatory Act of the 101st General

16 Assembly and every 5 years thereafter.

17 (c) For judges who are appointed or elected after the

18 effective date of this amendatory Act of the 101st General

19 Assembly, the Domestic Violence Foundation Training Course

20 shall be completed within 24 months of such appointment or

21 election and every 5 years thereafter. For professionals who

22 start after the effective date of this amendatory Act of the

23 101st General Assembly, the Domestic Violence Foundation

24 Training Course shall be completed within 24 months of starting

25 practice in the area of family law or domestic violence and

26 every 5 years thereafter.

HB3402

- 39 -

LRB101 10466 LNS 55572 b

1 (d) The Illinois Coalition Against Domestic Violence shall

2 be deemed to be accredited by the State regulatory boards and

3 the Domestic Violence Foundation Training Course shall be

4 deemed to provide continuing education units by the appropriate

5 State regulatory boards in the various professional fields of

6 the professionals required to complete the course.

7 (e) All respondents against whom an order of protection is

8 issued shall be required to complete a 26-week intervention

9 program for domestic abuse and violence accredited by the

10 Illinois Coalition Against Domestic Violence or one of its

11 local members.

12 (f) The clerk of the court shall provide to all petitioners

13 seeking an order of protection, regardless of whether an order

14 of protection is issued, resources and information on domestic

15 violence and how to obtain assistance as a victim of domestic

16 violence, including, but not limited to: (i) contact

17 information for the nearest domestic violence victim support

18 organization, the Illinois Coalition Against Domestic

19 Violence, the National Domestic Violence Hotline, the local

20 police and State's Attorney, and local legal services clinic;

21 and (ii) information concerning the various forms of domestic

22 abuse, including emotional, verbal, financial, physical,

23 sexual, and spiritual abuse.

24 (750 ILCS 60/213.4 new)

25 Sec. 213.4. Admissibility of images and recordings. A

HB3402

- 40 -

LRB101 10466 LNS 55572 b

1 photograph or electronic recording made of a respondent under

2 reasonable suspicion that the respondent is committing, is

3 about to commit, or has committed an act of abuse, and there is

4 reason to believe that evidence of the act of abuse may be

5 obtained by the photograph or electronic recording, shall be

6 permitted as evidence in a court hearing regarding an order of

7 protection, and is exempt from Article 14 of the Criminal Code

8 of 2012.

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

10 Sec. 214. Order of protection; remedies.

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

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

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

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

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

16 provided that petitioner must also satisfy the requirements of

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

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

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

20 protection because petitioner or respondent is a minor. The

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

22 protection, shall not require physical manifestations of abuse

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

24 prior orders of protection shall be in accordance with this

25 Act.

HB3402

- 41 -

LRB101 10466 LNS 55572 b

1 (1) The court, when determining whether to issue an

2 order of protection, shall consider the pattern of domestic

3 violence of the respondent, including, but not limited to,

4 the complete criminal record and the complete record of

5 orders of protection, including arrests, charges,

6 convictions, and orders of protection, in this State and

7 throughout the United States, for a period of at least 10

8 years. At a minimum, the court shall consider the records

9 contained in the National Crime Information Center and the

10 Law Enforcement Agencies Data System in this State and all

11 other states for a period of at least 10 years. A prior

12 indication of abuse or violence, whether against the

13 petitioner or against another victim, shall be a

14 significant factor in favor of issuing an order of

15 protection. There is a rebuttable presumption, which may be

16 overcome by clear and convincing evidence, that there is a

17 significant likelihood that the perpetrator shall continue

18 his or her pattern of domestic violence and abuse in the

19 absence of an issued order of protection.

20 (2) The court, when determining whether to issue an

21 order of protection, shall liberally grant orders of

22 protection in line with the purposes of this Act to protect

23 the physical, financial, mental, and emotional health of

24 the victim.

25 (3) If an order of protection is issued, the petitioner

26 is entitled to attorney's fees incurred in bringing the

HB3402

- 42 -

LRB101 10466 LNS 55572 b

1 petition.

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

3 an order of protection shall be determined in accordance with

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

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

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

7 subsection shall be in addition to other civil or criminal

8 remedies available to petitioner.

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

10 Prohibit respondent's harassment, interference with

11 personal liberty, intimidation of a dependent, physical

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

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

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

15 such abuse, neglect, exploitation, or stalking has

16 occurred or otherwise appears likely to occur if not

17 prohibited.

18 (2) Grant of exclusive possession of residence.

19 Prohibit respondent from entering or remaining in any

20 residence, household, or premises of the petitioner,

21 including one owned or leased by respondent, if petitioner

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

23 possession of the residence, household, or premises shall

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

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

26 Section 501 of the Illinois Marriage and Dissolution of

HB3402

- 43 -

LRB101 10466 LNS 55572 b

1 Marriage Act.

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

3 occupancy of a residence or household if it is solely

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

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

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

7 person or entity other than the opposing party that

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

9 violence shelter). Standards set forth in subparagraph

10 (B) shall not preclude equitable relief.

11 (B) Presumption of hardships. If petitioner and

12 respondent each has the right to occupancy of a

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

14 hardships to respondent and any minor child or

15 dependent adult in respondent's care resulting from

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

17 petitioner and any minor child or dependent adult in

18 petitioner's care resulting from continued exposure to

19 the risk of abuse (should petitioner remain at the

20 residence or household) or from loss of possession of

21 the residence or household (should petitioner leave to

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

23 of hardships, the court shall also take into account

24 the accessibility of the residence or household.

25 Hardships need not be balanced if respondent does not

26 have a right to occupancy.

HB3402

- 44 -

LRB101 10466 LNS 55572 b

1 The balance of hardships is presumed to favor

2 possession by petitioner unless the presumption is

3 rebutted by a preponderance of the evidence, showing

4 that the hardships to respondent substantially

5 outweigh the hardships to petitioner and any minor

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

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

8 motion, may order respondent to provide suitable,

9 accessible, alternate housing for petitioner instead

10 of excluding respondent from a mutual residence or

11 household.

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

13 respondent to stay away from petitioner or any other person

14 protected by the order of protection, or prohibit

15 respondent from entering or remaining present at

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

17 specified places at times when petitioner is present, or

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

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

20 stay away order or prohibit entry if respondent has no

21 right to enter the premises.

22 (A) If an order of protection grants petitioner

23 exclusive possession of the residence, or prohibits

24 respondent from entering the residence, or orders

25 respondent to stay away from petitioner or other

26 protected persons, then the court may allow respondent

HB3402

- 45 -

LRB101 10466 LNS 55572 b

1 access to the residence to remove items of clothing and

2 personal adornment used exclusively by respondent,

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

4 right to access shall be exercised on only one occasion

5 as the court directs and in the presence of an

6 agreed-upon adult third party or law enforcement

7 officer.

8 (B) When the petitioner and the respondent attend

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

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

11 of protection and providing relief shall consider the

12 severity of the act, any continuing physical danger or

13 emotional distress to the petitioner, the educational

14 rights guaranteed to the petitioner and respondent

15 under federal and State law, the availability of a

16 transfer of the respondent to another school, a change

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

18 the expense, difficulty, and educational disruption

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

20 another school, and any other relevant facts of the

21 case. The court may order that the respondent not

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

23 middle, or high school attended by the petitioner,

24 order that the respondent accept a change of placement

25 or change of program, as determined by the school

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

HB3402

- 46 -

LRB101 10466 LNS 55572 b

1 restrictions on the respondent's movements within the

2 school attended by the petitioner. The respondent

3 bears the burden of proving by a preponderance of the

4 evidence that a transfer, change of placement, or

5 change of program of the respondent is not available.

6 The respondent also bears the burden of production with

7 respect to the expense, difficulty, and educational

8 disruption that would be caused by a transfer of the

9 respondent to another school. A transfer, change of

10 placement, or change of program is not unavailable to

11 the respondent solely on the ground that the respondent

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

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

14 change of program or solely on the ground that the

15 respondent fails or refuses to consent or otherwise

16 does not take an action required to effectuate a

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

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

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

20 petitioner and the respondent requests a transfer to

21 another attendance center within the respondent's

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

23 school district or private or non-public school shall

24 have sole discretion to determine the attendance

25 center to which the respondent is transferred. In the

26 event the court order results in a transfer of the

HB3402

- 47 -

LRB101 10466 LNS 55572 b

1 minor respondent to another attendance center, a

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

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

4 legal custodian of the respondent is responsible for

5 transportation and other costs associated with the

6 transfer or change.

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

8 legal custodian of a minor respondent to take certain

9 actions or to refrain from taking certain actions to

10 ensure that the respondent complies with the order. In

11 the event the court orders a transfer of the respondent

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

13 custodian of the respondent is responsible for

14 transportation and other costs associated with the

15 change of school by the respondent.

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

17 undergo counseling for a specified duration with a social

18 worker, psychologist, clinical psychologist, psychiatrist,

19 family service agency, alcohol or substance abuse program,

20 mental health center guidance counselor, agency providing

21 services to elders, program designed for domestic violence

22 abusers or any other guidance service the court deems

23 appropriate. The Court may order the respondent in any

24 intimate partner relationship to report to an Illinois

25 Department of Human Services protocol approved partner

26 abuse intervention program for an assessment and to follow

HB3402

- 48 -

LRB101 10466 LNS 55572 b

1 all recommended treatment.

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

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

4 unwarranted separation from the person who has been the

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

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

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

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

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

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

11 in loco parentis.

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

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

14 child, there shall be a rebuttable presumption that

15 awarding physical care to respondent would not be in the

16 minor child's best interest.

17 (6) Temporary allocation of parental responsibilities:

18 significant decision-making. Award temporary

19 decision-making responsibility to petitioner in accordance

20 with this Section, the Illinois Marriage and Dissolution of

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

22 State's Uniform Child-Custody Jurisdiction and Enforcement

23 Act.

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

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

26 child, there shall be a rebuttable presumption that

HB3402

- 49 -

LRB101 10466 LNS 55572 b

1 awarding temporary significant decision-making

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

3 best interest.

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

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

6 physical care or allocates temporary significant

7 decision-making responsibility of a minor child to

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

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

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

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

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

13 opportunity to abuse or harass petitioner or petitioner's

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

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

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

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

18 Section 603.10 of the Illinois Marriage and Dissolution of

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

20 shall specify dates and times for the parenting time to

21 take place or other specific parameters or conditions that

22 are appropriate. No order for parenting time shall refer

23 merely to the term "reasonable parenting time".

24 Petitioner may deny respondent access to the minor

25 child if, when respondent arrives for parenting time,

26 respondent is under the influence of drugs or alcohol and

HB3402

- 50 -

LRB101 10466 LNS 55572 b

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

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

3 a violent or abusive manner.

4 If necessary to protect any member of petitioner's

5 family or household from future abuse, respondent shall be

6 prohibited from coming to petitioner's residence to meet

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

8 submit to the court their recommendations for reasonable

9 alternative arrangements for parenting time. A person may

10 be approved to supervise parenting time only after filing

11 an affidavit accepting that responsibility and

12 acknowledging accountability to the court.

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

14 respondent from removing a minor child from the State or

15 concealing the child within the State.

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

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

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

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

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

21 the respondent.

22 (10) Possession of personal property. Grant petitioner

23 exclusive possession of personal property and, if

24 respondent has possession or control, direct respondent to

25 promptly make it available to petitioner, if:

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

HB3402

- 51 -

LRB101 10466 LNS 55572 b

1 property; or

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

3 it would risk abuse of petitioner by respondent or is

4 impracticable; and the balance of hardships favors

5 temporary possession by petitioner.

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

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

8 petitioner temporary possession thereof under the

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

10 proper proceeding has been filed under the Illinois

11 Marriage and Dissolution of Marriage Act, as now or

12 hereafter amended.

13 No order under this provision shall affect title to

14 property.

15 (11) Protection of property. Forbid the respondent

16 from taking, transferring, encumbering, concealing,

17 damaging or otherwise disposing of any real or personal

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

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

20 property; or

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

22 balance of hardships favors granting this remedy.

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

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

25 petitioner relief under subparagraph (ii) of this

26 paragraph only if a proper proceeding has been filed under

HB3402

- 52 -

LRB101 10466 LNS 55572 b

1 the Illinois Marriage and Dissolution of Marriage Act, as

2 now or hereafter amended.

3 The court may further prohibit respondent from

4 improperly using the financial or other resources of an

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

6 advantage of respondent or of any other person.

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

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

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

10 or the respondent or a minor child residing in the

11 residence or household of either the petitioner or the

12 respondent and order the respondent to stay away from the

13 animal and forbid the respondent from taking,

14 transferring, encumbering, concealing, harming, or

15 otherwise disposing of the animal.

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

17 pay temporary support for the petitioner or any child in

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

19 allocated parental responsibility, when the respondent has

20 a legal obligation to support that person, in accordance

21 with the Illinois Marriage and Dissolution of Marriage Act,

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

23 support, payment through the clerk and withholding of

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

25 granted to a petitioner with lawful physical care of a

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

HB3402

- 53 -

LRB101 10466 LNS 55572 b

1 child, prior to entry of an order allocating significant

2 decision-making responsibility. Such a support order shall

3 expire upon entry of a valid order allocating parental

4 responsibility differently and vacating the petitioner's

5 significant decision-making authority, unless otherwise

6 provided in the order.

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

8 pay petitioner for losses suffered as a direct result of

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

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

11 earnings or other support, repair or replacement of

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

13 court costs and moving or other travel expenses, including

14 additional reasonable expenses for temporary shelter and

15 restaurant meals.

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

17 entitled to seek maintenance, child support or

18 property distribution from the other party under the

19 Illinois Marriage and Dissolution of Marriage Act, as

20 now or hereafter amended, the court may order

21 respondent to reimburse petitioner's actual losses, to

22 the extent that such reimbursement would be

23 "appropriate temporary relief", as authorized by

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

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

26 improper concealment or removal of a minor child, the

HB3402

- 54 -

LRB101 10466 LNS 55572 b

1 court may order respondent to pay the reasonable

2 expenses incurred or to be incurred in the search for

3 and recovery of the minor child, including but not

4 limited to legal fees, court costs, private

5 investigator fees, and travel costs.

6 (14) Prohibition of entry. Prohibit the respondent

7 from entering or remaining in the residence or household

8 while the respondent is under the influence of alcohol or

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

10 of the petitioner or the petitioner's children.

11 (14.5) Prohibition of firearm possession.

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

13 protection was issued from possessing any firearms

14 during the duration of the order if the order:

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

16 person received actual notice, and at which such

17 person had an opportunity to participate;

18 (2) restrains such person from harassing,

19 stalking, or threatening an intimate partner of

20 such person or child of such intimate partner or

21 person, or engaging in other conduct that would

22 place an intimate partner in reasonable fear of

23 bodily injury to the partner or child; and

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

25 represents a credible threat to the physical

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

HB3402

- 55 -

LRB101 10466 LNS 55572 b

1 by its terms explicitly prohibits the use,

2 attempted use, or threatened use of physical force

3 against such intimate partner or child that would

4 reasonably be expected to cause bodily injury.

5 Any Firearm Owner's Identification Card in the

6 possession of the respondent, except as provided in

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

8 turned over to the local law enforcement agency. The

9 local law enforcement agency shall immediately mail

10 the card to the Department of State Police Firearm

11 Owner's Identification Card Office for safekeeping.

12 The court shall issue a warrant for seizure of any

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

14 by the local law enforcement agency for safekeeping,

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

16 safekeeping shall be for the duration of the order of

17 protection. The firearm or firearms and Firearm

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

19 the respondent's request, be returned to the

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

21 the respondent's responsibility to notify the

22 Department of State Police Firearm Owner's

23 Identification Card Office.

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

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

26 shall order that any firearms used by the respondent in

HB3402

- 56 -

LRB101 10466 LNS 55572 b

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

2 be surrendered to the chief law enforcement executive

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

4 shall retain the firearms for safekeeping for the

5 duration of the order of protection.

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

7 if the firearms or Firearm Owner's Identification Card

8 cannot be returned to respondent because respondent

9 cannot be located, fails to respond to requests to

10 retrieve the firearms, or is not lawfully eligible to

11 possess a firearm, upon petition from the local law

12 enforcement agency, the court may order the local law

13 enforcement agency to destroy the firearms, use the

14 firearms for training purposes, or for any other

15 application as deemed appropriate by the local law

16 enforcement agency; or that the firearms be turned over

17 to a third party who is lawfully eligible to possess

18 firearms, and who does not reside with respondent.

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

20 protection prohibits respondent from having contact with

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

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

23 prevent abuse or wrongful removal or concealment of a minor

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

25 prohibit respondent from inspecting, obtaining, or

26 attempting to inspect or obtain, school or any other

HB3402

- 57 -

LRB101 10466 LNS 55572 b

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

2 petitioner.

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

4 respondent to reimburse a shelter providing temporary

5 housing and counseling services to the petitioner for the

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

7 deemed reasonable by the court.

8 (17) Order for injunctive relief. Enter injunctive

9 relief necessary or appropriate to prevent further abuse of

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

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

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

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

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

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

16 subsection is designed to prevent, no further evidence is

17 necessary that the harm is an irreparable injury.

18 (18) Telephone services.

19 (A) Unless a condition described in subparagraph

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

21 request by the petitioner, order a wireless telephone

22 service provider to transfer to the petitioner the

23 right to continue to use a telephone number or numbers

24 indicated by the petitioner and the financial

25 responsibility associated with the number or numbers,

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

HB3402

- 58 -

LRB101 10466 LNS 55572 b

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

2 telephone service provider" means a provider of

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

4 The petitioner may request the transfer of each

5 telephone number that the petitioner, or a minor child

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

7 shall serve the order on the wireless telephone service

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

9 Illinois Commerce Commission. The order shall contain

10 all of the following:

11 (i) The name and billing telephone number of

12 the account holder including the name of the

13 wireless telephone service provider that serves

14 the account.

15 (ii) Each telephone number that will be

16 transferred.

17 (iii) A statement that the provider transfers

18 to the petitioner all financial responsibility for

19 and right to the use of any telephone number

20 transferred under this paragraph.

21 (B) A wireless telephone service provider shall

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

23 to the petitioner use of, the telephone number or

24 numbers indicated in subparagraph (A) of this

25 paragraph unless it notifies the petitioner, within 72

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

HB3402

- 59 -

LRB101 10466 LNS 55572 b

1 following applies:

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

3 terminated the account.

4 (ii) A difference in network technology would

5 prevent or impair the functionality of a device on

6 a network if the transfer occurs.

7 (iii) The transfer would cause a geographic or

8 other limitation on network or service provision

9 to the petitioner.

10 (iv) Another technological or operational

11 issue would prevent or impair the use of the

12 telephone number if the transfer occurs.

13 (C) The petitioner assumes all financial

14 responsibility for and right to the use of any

15 telephone number transferred under this paragraph. In

16 this paragraph, "financial responsibility" includes

17 monthly service costs and costs associated with any

18 mobile device associated with the number.

19 (D) A wireless telephone service provider may

20 apply to the petitioner its routine and customary

21 requirements for establishing an account or

22 transferring a number, including requiring the

23 petitioner to provide proof of identification,

24 financial information, and customer preferences.

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

26 wireless telephone service provider is immune from

HB3402

- 60 -

LRB101 10466 LNS 55572 b

1 civil liability for its actions taken in compliance

2 with a court order issued under this paragraph.

3 (F) All wireless service providers that provide

4 services to residential customers shall provide to the

5 Illinois Commerce Commission the name and address of an

6 agent for service of orders entered under this

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

8 agent must be reported to the Illinois Commerce

9 Commission within 30 days of such change.

10 (G) The Illinois Commerce Commission shall

11 maintain the list of registered agents for service for

12 each wireless telephone service provider on the

13 Commission's website. The Commission may consult with

14 wireless telephone service providers and the Circuit

15 Court Clerks on the manner in which this information is

16 provided and displayed.

17 (c) Relevant factors; findings.

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

19 other than payment of support, the court shall consider

20 relevant factors, including but not limited to the

21 following:

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

23 consequences of the respondent's past abuse, neglect

24 or exploitation within the last 10 years of the

25 petitioner or any family or household memberor

26 household animal, including the concealment of his or

HB3402

- 61 -

LRB101 10466 LNS 55572 b

1 her location in order to evade service of process or

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

3 neglect, or exploitation to petitioner or any member of

4 petitioner's or respondent's family or household or

5 household animal; ~~and~~

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

7 or neglected or improperly relocated from the

8 jurisdiction, improperly concealed within the State or

9 improperly separated from the child's primary

10 caretaker; and ~~.~~

11 (iii) the nature, frequency, severity, pattern,

12 and consequences of the respondent's past abuse,

13 neglect, exploitation of, or criminal actions against,

14 any other person within the past 10 years, including,

15 but not limited to, another witness or another

16 petitioner or any of his or her family or household

17 members or household animals in another order of

18 protection that was issued against respondent in this

19 State or another state, and any criminal actions

20 involving the respondent, regardless of whether the

21 respondent's actions were directed against the

22 petitioner.

23 A prior indication of abuse or violence, whether

24 against the petitioner or against another victim, shall be

25 a significant factor in granting a specific remedy. There

26 is a rebuttable presumption, which may be overcome by clear

HB3402

- 62 -

LRB101 10466 LNS 55572 b

1 and convincing evidence, that there is a significant

2 likelihood that the perpetrator shall continue his or her

3 pattern of domestic violence and abuse in the absence of

4 the grant of a specific remedy.

5 The court, when determining whether to grant a specific

6 remedy, shall liberally grant remedies in line with the

7 purposes of this Act to protect the physical, financial,

8 mental, and emotional health of the victims.

9 (2) In comparing relative hardships resulting to the

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

11 court shall consider relevant factors, including but not

12 limited to the following:

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

14 adequacy, location and other characteristics of

15 alternate housing for each party and any minor child or

16 dependent adult in the party's care;

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

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

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

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

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

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

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

24 set forth the following:

25 (i) That the court has considered the applicable

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

HB3402

- 63 -

LRB101 10466 LNS 55572 b

1 this subsection.

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

3 unless prohibited, will likely cause irreparable harm

4 or continued abuse.

5 (iii) Whether it is necessary to grant the

6 requested relief in order to protect petitioner or

7 other alleged abused persons.

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

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

10 supplement to making the findings described in paragraphs

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

12 the following procedure:

13 When a verified petition for an emergency order of

14 protection in accordance with the requirements of Sections

15 203 and 217 is presented to the court, the court shall

16 examine petitioner on oath or affirmation. An emergency

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

18 appears from the contents of the petition and the

19 examination of petitioner that the averments are

20 sufficient to indicate abuse by respondent and to support

21 the granting of relief under the issuance of the emergency

22 order of protection.

23 (5) Never married parties. No rights or

24 responsibilities for a minor child born outside of marriage

25 attach to a putative father until a father and child

26 relationship has been established under the Illinois

HB3402

- 64 -

LRB101 10466 LNS 55572 b

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

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

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

4 Act of 1975, the Revised Uniform Reciprocal Enforcement of

5 Support Act, the Uniform Interstate Family Support Act, the

6 Expedited Child Support Act of 1990, any judicial,

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

8 any other Illinois statute, or by any foreign nation

9 establishing the father and child relationship, any other

10 proceeding substantially in conformity with the Personal

11 Responsibility and Work Opportunity Reconciliation Act of

12 1996 (Pub. L. 104-193), or where both parties appeared in

13 open court or at an administrative hearing acknowledging

14 under oath or admitting by affirmation the existence of a

15 father and child relationship. Absent such an

16 adjudication, finding, or acknowledgment, no putative

17 father shall be granted temporary allocation of parental

18 responsibilities, including parenting time with the minor

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

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

21 child be entered.

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

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

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

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

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

HB3402

- 65 -

LRB101 10466 LNS 55572 b

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

2 in hardship to respondent that would substantially outweigh the

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

4 shall be an official record or in writing.

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

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

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

8 that cause satisfies the standards for justifiable use of

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

10 (2) Respondent was voluntarily intoxicated;

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

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

13 force was justifiable under Article 7 of the Criminal Code

14 of 2012;

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

16 of another;

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

18 further abuse, neglect, or exploitation by respondent;

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

20 to avoid further abuse, neglect, or exploitation by

21 respondent;

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

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

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

25 or exploitation if the parties had not been family or

26 household members.

HB3402

- 66 -

LRB101 10466 LNS 55572 b

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

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

3 100-923, eff. 1-1-19.)

4 (750 ILCS 60/302) (from Ch. 40, par. 2313-2)

5 Sec. 302. Data maintenance by law enforcement agencies.

6 (a) All sheriffs shall furnish to the Department of State

7 Police, on the same day as received, in the form and detail the

8 Department requires, copies of any recorded emergency,

9 interim, or plenary orders of protection issued by the court,

10 and any foreign orders of protection filed by the clerk of the

11 court, and transmitted to the sheriff by the clerk of the court

12 pursuant to subsection (b) of Section 222 of this Act. Each

13 order of protection shall be entered in the Law Enforcement

14 Agencies Data System on the same day it is issued by the court.

15 If an emergency order of protection was issued in accordance

16 with subsection (c) of Section 217, the order shall be entered

17 in the Law Enforcement Agencies Data System as soon as possible

18 after receipt from the clerk.

19 (b) The Department of State Police shall maintain a

20 complete and systematic record and index of all validor

21 expiredand recorded orders of protection issued pursuant to

22 this Act for a period of at least 20 years. The data shall be

23 used to inform all dispatchers and law enforcement officers at

24 the scene of an alleged incident of abuse, neglect, or

25 exploitation or violation of an order of protection of: (i) any

HB3402

- 67 -

LRB101 10466 LNS 55572 b

1 recorded prior incident of abuse, neglect, or exploitation

2 involving the abused, neglected, or exploited party and the

3 effective dates and terms of any recorded order of protection,

4 and (ii) any recorded prior incident of abuse, neglect, or

5 exploitation involving the respondent of abuse, neglect, or

6 exploitation against other parties and the effective dates and

7 terms of any recorded order of protection. The data shall also

8 be used pursuant to paragraph (1) of subsection (a) of Section

9 214 to inform the court in proceedings when determining whether

10 to issue an order of protection, and shall be used when

11 considering a pattern of abuse of (1) any recorded prior

12 incident of abuse, neglect, or exploitation involving the

13 abused, neglected, or exploited party and the effective dates

14 and terms of any recorded order of protection, and (2) any

15 recorded prior incident of abuse, neglect, or exploitation

16 involving the respondent engaging in abuse, neglect, or

17 exploitation against other parties and the effective dates and

18 terms of any recorded order of protection.

19 (c) The data, records and transmittals required under this

20 Section shall pertain to any valid emergency, interim or

21 plenary order of protection, whether issued in a civil or

22 criminal proceeding or authorized under the laws of another

23 state, tribe, or United States territory.

24 (Source: P.A. 95-331, eff. 8-21-07.)

25 (750 ILCS 60/302.5 new)

HB3402

- 68 -

LRB101 10466 LNS 55572 b

1 Sec. 302.5. National Crime Information Center.

2 (a) The data contained in the National Crime Information

3 Center database shall be used to inform all dispatchers and law

4 enforcement officers at the scene of an alleged incident of

5 abuse, neglect, or exploitation or violation of an order of

6 protection of (i) any prior criminal incident involving the

7 abused, neglected, or exploited party, and (ii) any prior

8 criminal incident involving the respondent. The data shall also

9 be used pursuant to paragraph (1) of subsection (a) of Section

10 214 to inform the court in proceedings when determining whether

11 to issue an order of protection, and shall be used when

12 considering a pattern of abuse of (1) any prior criminal

13 incident involving the abused, neglected, or exploited party,

14 and (2) any prior criminal incident involving the respondent.

15 (b) All criminal information meeting the criteria of the

16 information gathered by the National Crime Information Center

17 shall be provided to the National Crime Information Center for

18 the database by the courts, State and local law enforcement

19 agencies, and other State and local criminal justice agencies

20 within 24 hours of receipt of the information.

21 Section 99. Effective date. This Act takes effect upon

22 becoming law.

HB3402

- 69 -

LRB101 10466 LNS 55572 b

INDEX

Statutes amended in order of appearance