102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2541
 
Introduced , by Rep. Denyse Stoneback
 
SYNOPSIS AS INTRODUCED:



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

 Amends the Domestic Violence Act of 1986. In cases in which a petitioner seeks a prohibition on firearm possession, removes requirement that the respondent receive
actual notice of and an opportunity to
participate in a hearing. Provides that an order of protection shall include a remedy that prohibits a respondent from possessing any firearms for a minimum of 2 years (instead of for the duration of the order of protection). Provides that any Firearm Owner's Identification Card in the possession of the respondent shall be suspended and turned over to a law enforcement agency of the court's choosing (rather than a local law enforcement agency). Makes other changes.



LRB102 11879 LNS 17215 b


 
 
A BILL FOR
 


HB2541LRB102 11879 LNS 17215 b



1 AN ACT concerning domestic violence.


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

3represented in the General Assembly:



4 Section 5. The Illinois Domestic Violence Act of 1986 is 
5amended by changing Sections 214 and 214.5 as follows:



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

7 Sec. 214. Order of protection; remedies. 

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

13shall issue; provided that petitioner must also satisfy the 
14requirements of
one of the following Sections, as appropriate: 
15Section 217 on emergency
orders, Section 218 on interim 
16orders, or Section 219 on plenary orders.
Petitioner shall not 
17be denied an order of protection because petitioner or

18respondent is a minor. The court, when determining whether or 
19not to issue
an order of protection, shall not require 
20physical manifestations of abuse
on the person of the victim. 
21Modification and extension of prior
orders of protection shall 
22be in accordance with this Act.

23 (b) Remedies and standards. The remedies to be included in 
 
 
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1an order of
protection shall be determined in accordance with 
2this Section and one of
the following Sections, as 
3appropriate: Section 217 on emergency orders,
Section 218 on 
4interim orders, and Section 219 on plenary orders. The

5remedies listed in this subsection shall be in addition to 
6other civil or
criminal remedies available to petitioner.

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

16  (2) Grant of exclusive possession of residence. 
17 Prohibit respondent from
entering or remaining in any 
18 residence, household, or premises of the petitioner,

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

26   (A) Right to occupancy. A party has a right to 
 
 
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1 occupancy of a
residence or household if it is solely 
2 or jointly owned or leased by that
party, that party's 
3 spouse, a person with a legal duty to support that 
4 party or
a minor child in that party's care, or by any 
5 person or entity other than the
opposing party that 
6 authorizes that party's occupancy (e.g., a domestic

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

9   (B) Presumption of hardships. If petitioner and 
10 respondent
each has the right to occupancy of a 
11 residence or household, the court
shall balance (i) 
12 the hardships to respondent and any minor child or

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

16 petitioner's care resulting from continued exposure to 
17 the risk of abuse
(should petitioner remain at the 
18 residence or household) or from loss of
possession of 
19 the residence or household (should petitioner leave to 
20 avoid the
risk of abuse). When determining the balance 
21 of hardships, the court shall
also take into account 
22 the accessibility of the residence or household.

23 Hardships need not be balanced if respondent does not 
24 have a right to
occupancy.

25   The balance of hardships is presumed to favor 
26 possession by
petitioner unless the presumption is 
 
 
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1 rebutted by a preponderance of the
evidence, showing 
2 that the hardships to respondent substantially 
3 outweigh
the hardships to petitioner and any minor 
4 child or dependent adult in
petitioner's care. The 
5 court, on the request of petitioner or on its own

6 motion, may order respondent to provide suitable, 
7 accessible, alternate housing
for petitioner instead 
8 of excluding respondent from a mutual residence or

9 household.

10  (3) Stay away order and additional prohibitions.
Order 
11 respondent to stay away from petitioner or any other 
12 person
protected by the order of protection, or prohibit 
13 respondent from entering
or remaining present at 
14 petitioner's school, place of employment, or other

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

19 right to enter the premises.

20   (A) If an order of protection grants petitioner 
21 exclusive possession
of the residence, or prohibits 
22 respondent from entering the residence,
or orders 
23 respondent to stay away from petitioner or other

24 protected persons, then the court may allow respondent 
25 access to the
residence to remove items of clothing 
26 and personal adornment
used exclusively by respondent, 
 
 
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1 medications, and other items as the court
directs. The 
2 right to access shall be exercised on only one 
3 occasion as the
court directs and in the presence of an 
4 agreed-upon adult third party or law
enforcement 
5 officer.

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

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

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

11  If a court finds, after a hearing, that respondent has 
12 committed abuse
(as defined in Section 103) of a minor 
13 child, there shall be a
rebuttable presumption that 
14 awarding physical care to respondent would not
be in the 
15 minor child's best interest.

16  (6) Temporary allocation of parental responsibilities: 
17 significant decision-making. Award temporary 
18 decision-making responsibility to petitioner
in accordance 
19 with this Section, the Illinois Marriage and Dissolution 
20 of
Marriage Act, the Illinois Parentage Act of 2015, and 
21 this State's Uniform
Child-Custody Jurisdiction and 
22 Enforcement Act. 

23  If a court finds, after a hearing, that respondent has 
24 committed abuse (as
defined in Section 103) of a minor 
25 child, there shall be a rebuttable
presumption that 
26 awarding temporary significant decision-making 
 
 
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1 responsibility to respondent would not be in
the child's 
2 best interest.

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

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

23  Petitioner may deny respondent access to the minor 
24 child if, when
respondent arrives for parenting time, 
25 respondent is under the influence of drugs
or alcohol and 
26 constitutes a threat to the safety and well-being of

 
 
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1 petitioner or petitioner's minor children or is behaving 
2 in a violent or
abusive manner.

3  If necessary to protect any member of petitioner's 
4 family or
household from future abuse, respondent shall be 
5 prohibited from coming to
petitioner's residence to meet 
6 the minor child for parenting time, and the
parties shall 
7 submit to the court their recommendations for reasonable

8 alternative arrangements for parenting time. A person may 
9 be approved to
supervise parenting time only after filing 
10 an affidavit accepting
that responsibility and 
11 acknowledging accountability to the court.

12  (8) Removal or concealment of minor child. Prohibit 
13 respondent from
removing a minor child from the State or 
14 concealing the child within the State.


15  (9) Order to appear. Order the respondent to appear in 
16 court, alone
or with a minor child, to prevent abuse, 
17 neglect, removal or concealment of
the child, to return 
18 the child to the custody or care of the petitioner or
to 
19 permit any court-ordered interview or examination of the 
20 child or the
respondent.

21  (10) Possession of personal property. Grant petitioner 
22 exclusive
possession of personal property and, if 
23 respondent has possession or
control, direct respondent to 
24 promptly make it available to petitioner, if:

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

 
 
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1   (ii) the parties own the property jointly; sharing 
2 it would risk
abuse of petitioner by respondent or is 
3 impracticable; and the balance of
hardships favors 
4 temporary possession by petitioner.

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

12  No order under this provision shall affect title to 
13 property.

14  (11) Protection of property. Forbid the respondent 
15 from taking,
transferring, encumbering, concealing, 
16 damaging or otherwise disposing of
any real or personal 
17 property, except as explicitly authorized by the
court, 
18 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 
24 property is that it is
marital property, the court may 
25 grant petitioner relief under subparagraph
(ii) of this 
26 paragraph only if a proper proceeding has been filed under 
 
 
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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 
22 Act, which shall govern, among other matters, the amount 
23 of
support, payment through the clerk and withholding of 
24 income to secure
payment. An order for child support may 
25 be granted to a petitioner with
lawful physical care of a 
26 child, or an order or agreement for
physical care of a 
 
 
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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 
 
 
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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

10 well-being 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 or 2 years, whichever 
15 is greater, if the order:
16    (1) was issued after a hearing of which such 
17 person received
actual notice, and at which such 
18 person had an opportunity to
participate;
19    (2) restrains such person from harassing, 
20 stalking, or
threatening an intimate partner of 
21 such person or child of such
intimate partner or 
22 person, or engaging in other conduct that
would 
23 place an intimate partner in reasonable fear of 
24 bodily
injury to the partner or child; and
25    (3)(i) includes a finding that such person 
26 represents a
credible threat to the physical 
 
 
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1 safety of such intimate partner
or child; or
(ii) 
2 by its terms explicitly prohibits the use, 
3 attempted
use, or threatened use of physical force 
4 against such intimate
partner or child that would 
5 reasonably be expected to cause
bodily injury.
6  Any Firearm Owner's Identification Card in the

7 possession of the respondent, except as provided in 
8 subsection (b), shall be suspended and ordered by the 
9 court to be turned
over to a the local law enforcement 
10 agency of the court's choosing. The local law 
11 enforcement agency shall immediately mail the card to 
12 the Department of State Police Firearm Owner's 
13 Identification Card Office
for safekeeping. The court 
14 shall
issue a warrant for seizure of any firearm in the 
15 possession of the respondent, to be kept by the local 
16 law enforcement agency for safekeeping, except as 
17 provided in subsection (b).
The period of safekeeping 
18 shall be for the duration of the order of protection or 
19 2 years, whichever is greater. The firearm or firearms 
20 and Firearm Owner's Identification Card, if unexpired, 
21 shall at the respondent's request, be returned to the 
22 respondent at the end
of the order of protection. It is 
23 the respondent's responsibility to notify the 
24 Department of State Police Firearm Owner's 
25 Identification Card Office. 

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

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

4 peace officer be surrendered to
the chief law 
5 enforcement executive of the agency in which the 
6 respondent is
employed, who shall retain the firearms 
7 for safekeeping for the duration of the order of 
8 protection or 2 years, whichever is greater.

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

7  (16) Order for payment of shelter services. Order 
8 respondent to
reimburse a shelter providing temporary 
9 housing and counseling services to
the petitioner for the 
10 cost of the services, as certified by the shelter
and 
11 deemed reasonable by the court.

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

21 necessary that the harm is an irreparable injury.

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

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

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

24 relevant factors, including but not limited to the 
25 following:

26   (i) the nature, frequency, severity, pattern and 
 
 
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1 consequences of the
respondent's past abuse, neglect 
2 or exploitation of the petitioner or
any family or 
3 household member, including the concealment of his or 
4 her
location in order to evade service of process or 
5 notice, and the likelihood of
danger of future abuse, 
6 neglect, or exploitation to petitioner or any member 
7 of
petitioner's or respondent's family or household; 
8 and

9   (ii) the danger that any minor child will be 
10 abused or neglected or
improperly relocated from the 
11 jurisdiction, improperly concealed within the
State or 
12 improperly separated from the child's primary 
13 caretaker.

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

18   (i) availability, accessibility, cost, safety, 
19 adequacy, location and
other characteristics of 
20 alternate housing for each party and any minor child

21 or dependent adult in the party's care;

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

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

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

4   (i) That the court has considered the applicable 
5 relevant factors
described in paragraphs (1) and (2) 
6 of this subsection.

7   (ii) Whether the conduct or actions of respondent, 
8 unless
prohibited, will likely cause irreparable harm 
9 or continued abuse.

10   (iii) Whether it is necessary to grant the 
11 requested relief in order
to protect petitioner or 
12 other alleged abused persons.

13  (4) For purposes of issuing an ex parte emergency 
14 order of protection,
the court, as an alternative to or as 
15 a supplement to making the findings
described in 
16 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
17 subsection, may
use the following procedure:

18  When a verified petition for an emergency order of 
19 protection in
accordance with the requirements of Sections 
20 203 and 217 is
presented to the court, the court shall 
21 examine petitioner on oath or
affirmation. An emergency 
22 order of protection shall be issued by the court
if it 
23 appears from the contents of the petition and the 
24 examination of
petitioner that the averments are 
25 sufficient to indicate abuse by
respondent and to support 
26 the granting of relief under the issuance of the
emergency 
 
 
HB2541- 23 -LRB102 11879 LNS 17215 b


1 order of protection.

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

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

23 temporary allocation of parental responsibilities, 
24 including parenting time with the minor child, or
physical 
25 care and possession of the minor child, nor shall an order 
26 of payment
for support of the minor child be entered.

 
 
HB2541- 24 -LRB102 11879 LNS 17215 b


1 (d) Balance of hardships; findings. If the court finds 
2that the balance
of hardships does not support the granting of 
3a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
4subsection (b) of this Section,
which may require such 
5balancing, the court's findings shall so
indicate and shall 
6include a finding as to whether granting the remedy will

7result in hardship to respondent that would substantially 
8outweigh the hardship
to petitioner from denial of the remedy. 
9The findings shall be an official
record or in writing.

10 (e) Denial of remedies. Denial of any remedy shall not be 
11based, in
whole or in part, on evidence that:

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

15  (2) Respondent was voluntarily intoxicated;

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

20  (4) Petitioner did not act in self-defense or defense 
21 of another;

22  (5) Petitioner left the residence or household to 
23 avoid further abuse,
neglect, or exploitation by 
24 respondent;

25  (6) Petitioner did not leave the residence or 
26 household to avoid further
abuse, neglect, or exploitation 
 
 
HB2541- 25 -LRB102 11879 LNS 17215 b


1 by respondent;

2  (7) Conduct by any family or household member excused 
3 the abuse,
neglect, or exploitation by respondent, unless 
4 that same conduct would have
excused such abuse, neglect, 
5 or exploitation if the parties had not been
family or 
6 household members.

7(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642, 
8eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18; 
9100-923, eff. 1-1-19.)