103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1390
 
Introduced 2/6/2023, by Sen. Ann Gillespie
 
SYNOPSIS AS INTRODUCED:



        
725 ILCS 5/112A-14 from Ch. 38, par. 112A-14
750 ILCS 60/214 from Ch. 40, par. 2312-14
750 ILCS 60/217 from Ch. 40, par. 2312-17
750 ILCS 60/223 from Ch. 40, par. 2312-23

 Amends the Domestic Violence Act of 1986. Provides that if the respondent to an order of protection is required to surrender any firearms, the order of protection shall also include an order to surrender firearms. Requires the respondent to surrender any firearms under an order to surrender on the day the respondent is served with the order of protection. Removes the requirement that a prohibition on the possession of firearms be issued only after a hearing of which the respondent received
actual notice, and at which the person had an opportunity to
participate. Requires the law enforcement agency receiving any surrendered firearms to provide a statement of receipt of any firearm to the respondent and the court. Provides that the failure to surrender any firearm within 24 hours to the individual or law enforcement agency under an order to surrender firearms shall constitute contempt of court for the violation of the terms of the order of protection. Requires the Supreme Court to adopt a form for an order to surrender firearms and update any existing forms for an order of protection to reflect the changes made by the amendatory Act. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Makes corresponding changes in the Code of Criminal Procedure of 1963. Effective immediately.



LRB103 26412 LNS 52775 b


 
 
A BILL FOR
 


SB1390LRB103 26412 LNS 52775 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 Code of Criminal Procedure of 1963 is 
5amended by changing Section 112A-14 as follows:



6 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


7 Sec. 112A-14. Domestic violence order of protection; 
8remedies. 

9 (a) (Blank).

10 (b) The court may order any of the remedies listed in this 
11subsection (b).
The remedies listed in this subsection (b) 
12shall be in addition to other civil
or criminal remedies 
13available to petitioner.

14  (1) Prohibition of abuse. Prohibit respondent's 
15 harassment,
interference with personal liberty, 
16 intimidation of a dependent, physical
abuse, or willful 
17 deprivation, as defined in this Article, if such abuse has

18 occurred or otherwise appears likely to occur if not 
19 prohibited.

20  (2) Grant of exclusive possession of residence. 
21 Prohibit respondent
from entering or remaining in any 
22 residence, household, or premises of the petitioner,

23 including one owned or leased by respondent, if petitioner 
 
 
SB1390- 2 -LRB103 26412 LNS 52775 b


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

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

13 authorizes that party's occupancy (e.g., a domestic 
14 violence shelter).
Standards set forth in subparagraph 
15 (B) shall not preclude equitable relief.

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

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

23 petitioner's care resulting from continued exposure to 
24 the risk of abuse (should
petitioner remain at the 
25 residence or household) or from loss of possession
of 
26 the residence or household (should petitioner leave to 
 
 
SB1390- 3 -LRB103 26412 LNS 52775 b


1 avoid the risk
of abuse). When determining the balance 
2 of hardships, the court shall also
take into account 
3 the accessibility of the residence or household.

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

6   The balance of hardships is presumed to favor 
7 possession by
petitioner unless the presumption is 
8 rebutted by a preponderance of the
evidence, showing 
9 that the hardships to respondent substantially 
10 outweigh
the hardships to petitioner and any minor 
11 child or dependent adult in petitioner's
care. The 
12 court, on the request of petitioner or on its own 
13 motion,
may order respondent to provide suitable, 
14 accessible, alternate housing
for petitioner instead 
15 of
excluding respondent from a mutual residence or 
16 household.

17  (3) Stay away order and additional prohibitions.
Order 
18 respondent to stay away from petitioner or any other 
19 person
protected by the domestic violence order of 
20 protection, or prohibit respondent from entering
or 
21 remaining present at petitioner's school, place of 
22 employment, or other
specified places at times when 
23 petitioner is present, or both, if
reasonable, given
the 
24 balance of hardships. Hardships need not be balanced for 
25 the court
to enter a stay away order or prohibit entry
if 
26 respondent has no right to enter the premises.

 
 
SB1390- 4 -LRB103 26412 LNS 52775 b


1   (A) If a domestic violence order of protection 
2 grants petitioner exclusive possession
of the 
3 residence, prohibits respondent from entering the 
4 residence,
or orders respondent to stay away from 
5 petitioner or other
protected persons, then the court 
6 may allow respondent access to the
residence to remove 
7 items of clothing and personal adornment
used 
8 exclusively by respondent, medications, and other 
9 items as the court directs.
The right to access shall 
10 be exercised on only one occasion as the court directs

11 and in the presence of an agreed-upon adult third 
12 party or law enforcement officer.

13   (B) When the petitioner and the respondent attend 
14 the same public, private, or non-public elementary, 
15 middle, or high school, the court when issuing a 
16 domestic violence order of protection and providing 
17 relief shall consider the severity of the act, any 
18 continuing physical danger or emotional distress to 
19 the petitioner, the educational rights guaranteed to 
20 the petitioner and respondent under federal and State 
21 law, the availability of a transfer of the respondent 
22 to another school, a change of placement or a change of 
23 program of the respondent, the expense, difficulty, 
24 and educational disruption that would be caused by a 
25 transfer of the respondent to another school, and any 
26 other relevant facts of the case. The court may order 
 
 
SB1390- 5 -LRB103 26412 LNS 52775 b


1 that the respondent not attend the public, private, or 
2 non-public elementary, middle, or high school attended 
3 by the petitioner, order that the respondent accept a 
4 change of placement or change of program, as 
5 determined by the school district or private or 
6 non-public school, or place restrictions on the 
7 respondent's movements within the school attended by 
8 the petitioner. The respondent bears the burden of 
9 proving by a preponderance of the evidence that a 
10 transfer, change of placement, or change of program of 
11 the respondent is not available. The respondent also 
12 bears the burden of production with respect to the 
13 expense, difficulty, and educational disruption that 
14 would be caused by a transfer of the respondent to 
15 another school. A transfer, change of placement, or 
16 change of program is not unavailable to the respondent 
17 solely on the ground that the respondent does not 
18 agree with the school district's or private or 
19 non-public school's transfer, change of placement, or 
20 change of program or solely on the ground that the 
21 respondent fails or refuses to consent or otherwise 
22 does not take an action required to effectuate a 
23 transfer, change of placement, or change of program. 
24 When a court orders a respondent to stay away from the 
25 public, private, or non-public school attended by the 
26 petitioner and the respondent requests a transfer to 
 
 
SB1390- 6 -LRB103 26412 LNS 52775 b


1 another attendance center within the respondent's 
2 school district or private or non-public school, the 
3 school district or private or non-public school shall 
4 have sole discretion to determine the attendance 
5 center to which the respondent is transferred. If the 
6 court order results in a transfer of the minor 
7 respondent to another attendance center, a change in 
8 the respondent's placement, or a change of the 
9 respondent's program, the parents, guardian, or legal 
10 custodian of the respondent is responsible for 
11 transportation and other costs associated with the 
12 transfer or change.
13   (C) The court may order the parents, guardian, or 
14 legal custodian of a minor respondent to take certain 
15 actions or to refrain from taking certain actions to 
16 ensure that the respondent complies with the order. If 
17 the court orders a transfer of the respondent to 
18 another school, the parents, guardian, or legal 
19 custodian of the respondent is responsible for 
20 transportation and other costs associated with the 
21 change of school by the respondent. 
22  (4) Counseling. Require or recommend the respondent to 
23 undergo
counseling for a specified duration with a social 
24 worker, psychologist,
clinical psychologist, 
25 psychiatrist, family service agency, alcohol or
substance 
26 abuse program, mental health center guidance counselor, 
 
 
SB1390- 7 -LRB103 26412 LNS 52775 b


1 agency
providing services to elders, program designed for 
2 domestic violence
abusers, or any other guidance service 
3 the court deems appropriate. The court may order the 
4 respondent in any intimate partner relationship to report 
5 to an Illinois Department of Human Services protocol 
6 approved partner abuse intervention program for an 
7 assessment and to follow all recommended treatment. 

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

18  If the respondent is charged with abuse
(as defined in 
19 Section 112A-3 of this Code) of a minor child, there shall 
20 be a
rebuttable presumption that awarding physical care to 
21 respondent would not
be in the minor child's best 
22 interest.

23  (6) Temporary allocation of parental responsibilities 
24 and significant decision-making responsibilities.
Award 
25 temporary significant decision-making responsibility to 
26 petitioner in accordance with this Section,
the Illinois 
 
 
SB1390- 8 -LRB103 26412 LNS 52775 b


1 Marriage
and Dissolution of Marriage Act, the Illinois 
2 Parentage Act of 2015,
and this State's Uniform 
3 Child-Custody
Jurisdiction and Enforcement Act. 

4  If the respondent
is charged with abuse (as defined in 
5 Section 112A-3 of this Code) of a
minor child, there shall 
6 be a rebuttable presumption that awarding
temporary 
7 significant decision-making responsibility to respondent 
8 would not be in the
child's best interest.

9  (7) Parenting time. Determine the parenting time, if 
10 any, of respondent in any case in which the court
awards 
11 physical care or temporary significant decision-making 
12 responsibility of a minor child to
petitioner. The court 
13 shall restrict or deny respondent's parenting time with
a 
14 minor child if
the court finds that respondent has done or 
15 is likely to do any of the
following:
16   (i) abuse or endanger the minor child during 
17 parenting time;
18   (ii) use the parenting time
as an opportunity to 
19 abuse or harass petitioner or
petitioner's family or 
20 household members;
21   (iii) improperly conceal or
detain the minor 
22 child; or
23   (iv) otherwise act in a manner that is not in
the 
24 best interests of the minor child. 
25  The court shall not be limited by the
standards set 
26 forth in Section 603.10 of the Illinois Marriage and

 
 
SB1390- 9 -LRB103 26412 LNS 52775 b


1 Dissolution of Marriage Act. If the court grants parenting 
2 time, the order
shall specify dates and times for the 
3 parenting time to take place or other
specific parameters 
4 or conditions that are appropriate. No order for parenting 
5 time
shall refer merely to the term "reasonable parenting 
6 time". Petitioner may deny respondent access to the minor 
7 child if, when
respondent arrives for parenting time, 
8 respondent is under the influence of drugs
or alcohol and 
9 constitutes a threat to the safety and well-being of

10 petitioner or petitioner's minor children or is behaving 
11 in a violent or abusive manner. If necessary to protect 
12 any member of petitioner's family or
household from future 
13 abuse, respondent shall be prohibited from coming to

14 petitioner's residence to meet the minor child for 
15 parenting time, and the petitioner and respondent
shall 
16 submit to the court their recommendations for reasonable

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

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

24  (9) Order to appear. Order the respondent to
appear in 
25 court, alone
or with a minor child, to prevent abuse, 
26 neglect, removal or concealment of
the child, to return 
 
 
SB1390- 10 -LRB103 26412 LNS 52775 b


1 the child to the custody or care of the petitioner, or
to 
2 permit any court-ordered interview or examination of the 
3 child or the
respondent.

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

8   (i) petitioner, but not respondent, owns the 
9 property; or

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

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

22  No order under this provision shall affect title to 
23 property.

24  (11) Protection of property. Forbid the respondent 
25 from taking,
transferring, encumbering, concealing, 
26 damaging, or otherwise disposing of
any real or personal 
 
 
SB1390- 11 -LRB103 26412 LNS 52775 b


1 property, except as explicitly authorized by the
court, 
2 if:

3   (i) petitioner, but not respondent, owns the 
4 property; or

5   (ii) the petitioner and respondent own the 
6 property jointly,
and the balance of hardships favors 
7 granting this remedy.

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

14  The court may further prohibit respondent from 
15 improperly using the
financial or other resources of an 
16 aged member of the family or household
for the profit or 
17 advantage of respondent or of any other person.

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

 
 
SB1390- 12 -LRB103 26412 LNS 52775 b


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

18  (13) Order for payment of losses. Order
respondent to 
19 pay petitioner
for losses suffered as a direct result of 
20 the abuse. Such losses shall
include, but not be limited 
21 to, medical expenses, lost earnings or other
support, 
22 repair or replacement of property damaged or taken, 
23 reasonable
attorney's fees, court costs, and moving or 
24 other travel expenses, including
additional reasonable 
25 expenses for temporary shelter and restaurant meals.

26   (i) Losses affecting family needs. If a party is 
 
 
SB1390- 13 -LRB103 26412 LNS 52775 b


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

9   (ii) Recovery of expenses. In the case of an 
10 improper concealment
or removal of a minor child, the 
11 court may order respondent to pay the reasonable

12 expenses incurred or to be incurred in the search for 
13 and recovery of the
minor child, including, but not 
14 limited to, legal fees, court costs, private

15 investigator fees, and travel costs.

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

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

21  (14.5) Prohibition of firearm possession. 
22   (A) A person who is subject to an existing 
23 domestic violence order of protection issued under 
24 this Code may not lawfully possess weapons or a 
25 Firearm Owner's Identification Card under Section 8.2 
26 of the Firearm Owners Identification Card Act and is 
 
 
SB1390- 14 -LRB103 26412 LNS 52775 b


1 subject to the requirements of subsection (a-1) of 
2 Section 214 of the Domestic Violence Act of 1986 and 
3 paragraph (14.5) or (14.6) of subsection (b) of 
4 Section 214 of the Domestic Violence Act of 1986, as 
5 applicable.
6   (B) Any firearms in the
possession of the 
7 respondent, except as provided in subparagraph (C) of 
8 this paragraph (14.5), shall be ordered by the court 
9 to be turned
over to a person with a valid Firearm 
10 Owner's Identification Card for surrender for the 
11 duration of the domestic violence order of protection 
12 safekeeping.
13   The court shall issue an order that the respondent 
14 comply with Section 9.5 of the Firearm Owners 
15 Identification Card Act.

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

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

20 peace officer be surrendered to
the chief law 
21 enforcement executive of the agency in which the 
22 respondent is
employed, who shall retain the firearms 
23 for surrender safekeeping for the duration of the 
24 domestic violence order of protection.

25   (D) Upon expiration of the period of surrender 
26 safekeeping, if the firearms or Firearm Owner's 
 
 
SB1390- 15 -LRB103 26412 LNS 52775 b


1 Identification Card cannot be returned to respondent 
2 because respondent cannot be located, fails to respond 
3 to requests to retrieve the firearms, or is not 
4 lawfully eligible to possess a firearm, upon petition 
5 from the local law enforcement agency, the court may 
6 order the local law enforcement agency to destroy the 
7 firearms, use the firearms for training purposes, or 
8 for any other application as deemed appropriate by the 
9 local law enforcement agency; or that the firearms be 
10 turned over to a third party who is lawfully eligible 
11 to possess firearms, and who does not reside with 
12 respondent. 
13  (15) Prohibition of access to records. If a domestic 
14 violence order of protection
prohibits respondent from 
15 having contact with the minor child,
or if petitioner's 
16 address is omitted under subsection (b) of
Section 112A-5 
17 of this Code, or if necessary to prevent abuse or wrongful 
18 removal or
concealment of a minor child, the order shall 
19 deny respondent access to, and
prohibit respondent from 
20 inspecting, obtaining, or attempting to
inspect or obtain, 
21 school or any other records of the minor child
who is in 
22 the care of petitioner.

23  (16) Order for payment of shelter services. Order 
24 respondent to
reimburse a shelter providing temporary 
25 housing and counseling services to
the petitioner for the 
26 cost of the services, as certified by the shelter
and 
 
 
SB1390- 16 -LRB103 26412 LNS 52775 b


1 deemed reasonable by the court.

2  (17) Order for injunctive relief. Enter injunctive 
3 relief necessary
or appropriate to prevent further abuse 
4 of a family or household member or
to effectuate one of the 
5 granted remedies, if supported by the balance of

6 hardships. If the harm to be prevented by the injunction 
7 is abuse or any
other harm that one of the remedies listed 
8 in paragraphs (1) through (16)
of this subsection is 
9 designed to prevent, no further evidence is necessary
to 
10 establish that the harm is an irreparable injury.

11  (18) Telephone services.
12   (A) Unless a condition described in subparagraph 
13 (B) of this paragraph exists, the court may, upon 
14 request by the petitioner, order a wireless telephone 
15 service provider to transfer to the petitioner the 
16 right to continue to use a telephone number or numbers 
17 indicated by the petitioner and the financial 
18 responsibility associated with the number or numbers, 
19 as set forth in subparagraph (C) of this paragraph. In 
20 this paragraph (18), the term "wireless telephone 
21 service provider" means a provider of commercial 
22 mobile service as defined in 47 U.S.C. 332. The 
23 petitioner may request the transfer of each telephone 
24 number that the petitioner, or a minor child in his or 
25 her custody, uses. The clerk of the court shall serve 
26 the order on the wireless telephone service provider's 
 
 
SB1390- 17 -LRB103 26412 LNS 52775 b


1 agent for service of process provided to the Illinois 
2 Commerce Commission. The order shall contain all of 
3 the following: 
4    (i) The name and billing telephone number of 
5 the account holder including the name of the 
6 wireless telephone service provider that serves 
7 the account.
8    (ii) Each telephone number that will be 
9 transferred.
10    (iii) A statement that the provider transfers 
11 to the petitioner all financial responsibility for 
12 and right to the use of any telephone number 
13 transferred under this paragraph.
14   (B) A wireless telephone service provider shall 
15 terminate the respondent's use of, and shall transfer 
16 to the petitioner use of, the telephone number or 
17 numbers indicated in subparagraph (A) of this 
18 paragraph unless it notifies the petitioner, within 72 
19 hours after it receives the order, that one of the 
20 following applies:
21    (i) The account holder named in the order has 
22 terminated the account.
23    (ii) A difference in network technology would 
24 prevent or impair the functionality of a device on 
25 a network if the transfer occurs.
26    (iii) The transfer would cause a geographic or 
 
 
SB1390- 18 -LRB103 26412 LNS 52775 b


1 other limitation on network or service provision 
2 to the petitioner.
3    (iv) Another technological or operational 
4 issue would prevent or impair the use of the 
5 telephone number if the transfer occurs.
6   (C) The petitioner assumes all financial 
7 responsibility for and right to the use of any 
8 telephone number transferred under this paragraph. In 
9 this paragraph, "financial responsibility" includes 
10 monthly service costs and costs associated with any 
11 mobile device associated with the number.
12   (D) A wireless telephone service provider may 
13 apply to the petitioner its routine and customary 
14 requirements for establishing an account or 
15 transferring a number, including requiring the 
16 petitioner to provide proof of identification, 
17 financial information, and customer preferences.

18   (E) Except for willful or wanton misconduct, a 
19 wireless telephone service provider is immune from 
20 civil liability for its actions taken in compliance 
21 with a court order issued under this paragraph.
22   (F) All wireless service providers that provide 
23 services to residential customers shall provide to the 
24 Illinois Commerce Commission the name and address of 
25 an agent for service of orders entered under this 
26 paragraph (18). Any change in status of the registered 
 
 
SB1390- 19 -LRB103 26412 LNS 52775 b


1 agent must be reported to the Illinois Commerce 
2 Commission within 30 days of such change. 
3   (G) The Illinois Commerce Commission shall 
4 maintain the list of registered agents for service for 
5 each wireless telephone service provider on the 
6 Commission's website. The Commission may consult with 
7 wireless telephone service providers and the Circuit 
8 Court Clerks on the manner in which this information 
9 is provided and displayed. 
10 (c) Relevant factors; findings.

11  (1) In determining whether to grant a
specific remedy, 
12 other than payment of support, the
court shall consider 
13 relevant factors, including, but not limited to, the

14 following:

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

21 any member of petitioner's or respondent's family or 
22 household; and

23   (ii) the danger that any minor child will be 
24 abused or neglected or
improperly relocated from the 
25 jurisdiction, improperly concealed within the
State, 
26 or improperly separated from the child's primary 
 
 
SB1390- 20 -LRB103 26412 LNS 52775 b


1 caretaker.

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

6   (i) availability, accessibility, cost, safety, 
7 adequacy, location, and other
characteristics of 
8 alternate housing for each party and any minor child 
9 or
dependent adult in the party's care;

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

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

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

18   (i) That the court has considered the applicable 
19 relevant factors
described in paragraphs (1) and (2) 
20 of this subsection (c).

21   (ii) Whether the conduct or actions of respondent, 
22 unless
prohibited, will likely cause irreparable harm 
23 or continued abuse.

24   (iii) Whether it is necessary to grant the 
25 requested relief in order
to protect petitioner or 
26 other alleged abused persons.

 
 
SB1390- 21 -LRB103 26412 LNS 52775 b


1  (4) (Blank).

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 Uniform Interstate Family Support Act, 
10 the Expedited Child Support Act of 1990, any judicial, 
11 administrative, or other act of another state or 
12 territory, any other statute of this State, or by any 
13 foreign nation establishing the father and child 
14 relationship, any other proceeding substantially in 
15 conformity with the federal Personal Responsibility and 
16 Work Opportunity Reconciliation Act of 1996, or when both 
17 parties appeared in open court or at an administrative 
18 hearing acknowledging under oath or admitting by 
19 affirmation the existence of a father and child 
20 relationship. Absent such an adjudication, no putative 
21 father shall be granted
temporary allocation of parental 
22 responsibilities, including parenting time with the minor 
23 child, or
physical care
and possession of the minor child, 
24 nor shall
an order of payment for support of the minor 
25 child be entered.

26 (d) Balance of hardships; findings. If the court finds 
 
 
SB1390- 22 -LRB103 26412 LNS 52775 b


1that the balance
of hardships does not support the granting of 
2a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

3subsection (b) of this Section,
which may require such 
4balancing, the court's findings shall so
indicate and shall 
5include a finding as to whether granting the remedy will

6result in hardship to respondent that would substantially 
7outweigh the hardship
to petitioner
from denial of the remedy. 
8The findings shall be an official record or in
writing.

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

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

14  (2) respondent was voluntarily intoxicated;

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

19  (4) petitioner did not act in self-defense or defense 
20 of another;

21  (5) petitioner left the residence or household to 
22 avoid further abuse
by respondent;

23  (6) petitioner did not leave the residence or 
24 household to avoid further
abuse by respondent; or 

25  (7) conduct by any family or household member excused 
26 the abuse by
respondent, unless that same conduct would 
 
 
SB1390- 23 -LRB103 26412 LNS 52775 b


1 have excused such abuse if the
parties had not been family 
2 or household members.

3(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
4102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)


5 Section 25. The Illinois Domestic Violence Act of 1986 is 
6amended by changing Sections 214, 217, and 223 as follows:



7 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

8 Sec. 214. Order of protection; remedies. 

9 (a) Issuance of order. If the court finds that petitioner 
10has been
abused by a family or household member or that 
11petitioner is a high-risk
adult who has been abused, 
12neglected, or exploited, as defined in this Act,
an order of 
13protection prohibiting the abuse, neglect, or exploitation

14shall issue; provided that petitioner must also satisfy the 
15requirements of
one of the following Sections, as appropriate: 
16Section 217 on emergency
orders, Section 218 on interim 
17orders, or Section 219 on plenary orders.
Petitioner shall not 
18be denied an order of protection because petitioner or

19respondent is a minor. The court, when determining whether or 
20not to issue
an order of protection, shall not require 
21physical manifestations of abuse
on the person of the victim. 
22Modification and extension of prior
orders of protection shall 
23be in accordance with this Act.
24 (a-1) If the respondent to an order of protection issued 
 
 
SB1390- 24 -LRB103 26412 LNS 52775 b


1under subsection (a) is subject to paragraph (14.5) or (14.6) 
2of subsection (b), the order of protection shall also include 
3an order to surrender firearms. The order to surrender 
4firearms shall require the respondent to surrender any firearm 
5on the day the respondent is served with the order of 
6protection. Upon the respondent surrendering any firearm to 
7the appropriate law enforcement agency, the law enforcement 
8agency shall provide a statement of receipt of any firearm, 
9with a description of any firearm surrendered, to the 
10respondent and the court. This statement of receipt shall be 
11considered proof of compliance with an order to surrender 
12firearms and may be presented as proof at a hearing.
13 The failure to surrender any firearm within 24 hours to 
14the appropriate law enforcement agency under an order to 
15surrender firearms shall constitute contempt of court for the 
16violation of the terms of the order of protection.
17 Within 30 days of the effective date of this amendatory 
18Act of the 103rd General Assembly, the Supreme Court shall 
19adopt a form for an order to surrender firearms and update any 
20existing forms for an order of protection to reflect the 
21changes made by this amendatory Act of the 103rd General 
22Assembly. The form for an order to surrender firearms shall 
23also include forms for a declaration of surrender of firearms, 
24proof of surrender, declaration of nonsurrender, and order to 
25release firearms. 

26 (b) Remedies and standards. The remedies to be included in 
 
 
SB1390- 25 -LRB103 26412 LNS 52775 b


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 
 
 
SB1390- 26 -LRB103 26412 LNS 52775 b


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 
 
 
SB1390- 27 -LRB103 26412 LNS 52775 b


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, 
 
 
SB1390- 28 -LRB103 26412 LNS 52775 b


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 
 
 
SB1390- 29 -LRB103 26412 LNS 52775 b


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 
 
 
SB1390- 30 -LRB103 26412 LNS 52775 b


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. 

 
 
SB1390- 31 -LRB103 26412 LNS 52775 b


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 
 
 
SB1390- 32 -LRB103 26412 LNS 52775 b


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

 
 
SB1390- 33 -LRB103 26412 LNS 52775 b


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

 
 
SB1390- 34 -LRB103 26412 LNS 52775 b


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 
 
 
SB1390- 35 -LRB103 26412 LNS 52775 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 
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 
 
 
SB1390- 36 -LRB103 26412 LNS 52775 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 
 
 
SB1390- 37 -LRB103 26412 LNS 52775 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

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 if the order:
15    (1) (blank) was issued after a hearing of 
16 which such person received
actual notice, and at 
17 which such person had an opportunity to

18 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 
 
 
SB1390- 38 -LRB103 26412 LNS 52775 b


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

25   (b) If the respondent is a peace officer as 
26 defined in Section 2-13 of
the
Criminal Code of 2012, 
 
 
SB1390- 39 -LRB103 26412 LNS 52775 b


1 the court shall order that any firearms used by the

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

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

8   (c) Upon expiration of the period of safekeeping, 
9 if the firearms or Firearm Owner's Identification Card 
10 cannot be returned to the respondent because the 
11 respondent cannot be located, fails to respond to 
12 requests to retrieve the firearms, or is not lawfully 
13 eligible to possess a firearm, upon petition from the 
14 local law enforcement agency, the court may order the 
15 local law enforcement agency to destroy the firearms, 
16 use the firearms for training purposes, or for any 
17 other application as deemed appropriate by the local 
18 law enforcement agency; or that the firearms be turned 
19 over to a third party who is lawfully eligible to 
20 possess firearms, and who does not reside with the 
21 respondent.
22  (14.6) Prohibition of firearm possession; emergency 
23 orders.

24   (a) Any Firearm Owner's Identification Card in the 
25 possession of the respondent, except as provided in 
26 subparagraph (b), shall be suspended consistent with 
 
 
SB1390- 40 -LRB103 26412 LNS 52775 b


1 Section 8.2 of the Firearm Owners Identification Act, 
2 and the respondent shall be ordered by the court to 
3 surrender the card and any firearm in the respondent's 
4 possession consistent with Sections 8.3 and 9.5 of the 
5 Firearm Owners Identification Act. The period of 
6 surrender shall be for the duration of the order of 
7 protection.

8   (b) Upon expiration of the period of surrender, if 
9 the firearms or Firearm Owner's Identification Card 
10 cannot be returned to respondent because respondent 
11 cannot be located, fails to respond to requests to 
12 retrieve the firearms, or is not lawfully eligible to 
13 possess a firearm, upon petition from the local law 
14 enforcement agency, the court may order the local law 
15 enforcement agency to destroy the firearms, use the 
16 firearms for training purposes, or for any other 
17 application as deemed appropriate by the local law 
18 enforcement agency; or that the firearms be turned 
19 over to a third party who is lawfully eligible to 
20 possess firearms, and who does not reside with 
21 respondent.
22  (15) Prohibition of access to records. If an order of 
23 protection
prohibits respondent from having contact with 
24 the minor child,
or if petitioner's address is omitted 
25 under subsection (b) of
Section 203, or if necessary to 
26 prevent abuse or wrongful removal or
concealment of a 
 
 
SB1390- 41 -LRB103 26412 LNS 52775 b


1 minor child, the order shall deny respondent access to, 
2 and
prohibit respondent from inspecting, obtaining, or 
3 attempting to
inspect or obtain, school or any other 
4 records of the minor child
who is in the care of 
5 petitioner.

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

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

20 necessary that the harm is an irreparable injury.

21  (18) Telephone services.
22   (A) Unless a condition described in subparagraph 
23 (B) of this paragraph exists, the court may, upon 
24 request by the petitioner, order a wireless telephone 
25 service provider to transfer to the petitioner the 
26 right to continue to use a telephone number or numbers 
 
 
SB1390- 42 -LRB103 26412 LNS 52775 b


1 indicated by the petitioner and the financial 
2 responsibility associated with the number or numbers, 
3 as set forth in subparagraph (C) of this paragraph. 
4 For purposes of this paragraph (18), the term 
5 "wireless telephone service provider" means a provider 
6 of commercial mobile service as defined in 47 U.S.C. 
7 332. The petitioner may request the transfer of each 
8 telephone number that the petitioner, or a minor child 
9 in his or her custody, uses. The clerk of the court 
10 shall serve the order on the wireless telephone 
11 service provider's agent for service of process 
12 provided to the Illinois Commerce Commission. The 
13 order shall contain all of the following:
14    (i) The name and billing telephone number of 
15 the account holder including the name of the 
16 wireless telephone service provider that serves 
17 the account.
18    (ii) Each telephone number that will be 
19 transferred.
20    (iii) A statement that the provider transfers 
21 to the petitioner all financial responsibility for 
22 and right to the use of any telephone number 
23 transferred under this paragraph.
24   (B) A wireless telephone service provider shall 
25 terminate the respondent's use of, and shall transfer 
26 to the petitioner use of, the telephone number or 
 
 
SB1390- 43 -LRB103 26412 LNS 52775 b


1 numbers indicated in subparagraph (A) of this 
2 paragraph unless it notifies the petitioner, within 72 
3 hours after it receives the order, that one of the 
4 following applies:
5    (i) The account holder named in the order has 
6 terminated the account.
7    (ii) A difference in network technology would 
8 prevent or impair the functionality of a device on 
9 a network if the transfer occurs.
10    (iii) The transfer would cause a geographic or 
11 other limitation on network or service provision 
12 to the petitioner.
13    (iv) Another technological or operational 
14 issue would prevent or impair the use of the 
15 telephone number if the transfer occurs.
16   (C) The petitioner assumes all financial 
17 responsibility for and right to the use of any 
18 telephone number transferred under this paragraph. In 
19 this paragraph, "financial responsibility" includes 
20 monthly service costs and costs associated with any 
21 mobile device associated with the number.
22   (D) A wireless telephone service provider may 
23 apply to the petitioner its routine and customary 
24 requirements for establishing an account or 
25 transferring a number, including requiring the 
26 petitioner to provide proof of identification, 
 
 
SB1390- 44 -LRB103 26412 LNS 52775 b


1 financial information, and customer preferences.

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

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

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

25   (i) the nature, frequency, severity, pattern and 
26 consequences of the
respondent's past abuse, neglect 
 
 
SB1390- 45 -LRB103 26412 LNS 52775 b


1 or exploitation of the petitioner or
any family or 
2 household member, including the concealment of his or 
3 her
location in order to evade service of process or 
4 notice, and the likelihood of
danger of future abuse, 
5 neglect, or exploitation to petitioner or any member 
6 of
petitioner's or respondent's family or household; 
7 and

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

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

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

20 or dependent adult in the party's care;

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

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

25  (3) Subject to the exceptions set forth in paragraph 
26 (4) of this
subsection, the court shall make its findings 
 
 
SB1390- 46 -LRB103 26412 LNS 52775 b


1 in an official record or in
writing, and shall at a minimum 
2 set forth the following:

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

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

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

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

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

 
 
SB1390- 47 -LRB103 26412 LNS 52775 b


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

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

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

26 (d) Balance of hardships; findings. If the court finds 
 
 
SB1390- 48 -LRB103 26412 LNS 52775 b


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

6result in hardship to respondent that would substantially 
7outweigh the hardship
to petitioner from denial of the remedy. 
8The findings shall be an official
record or in writing.

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

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

14  (2) Respondent was voluntarily intoxicated;

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

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

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

24  (6) Petitioner did not leave the residence or 
25 household to avoid further
abuse, neglect, or exploitation 
26 by respondent;

 
 
SB1390- 49 -LRB103 26412 LNS 52775 b


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

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




7 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)


8 Sec. 217. Emergency order of protection. 

9 (a) Prerequisites. An emergency order of protection shall 
10issue if
petitioner satisfies the requirements of this 
11subsection for one or more of the
requested remedies. For each 
12remedy requested, the petitioner shall establish
that:

13  (1) The court has jurisdiction under Section 208;

14  (2) The requirements of Section 214 are satisfied; and

15  (3) There is good cause to grant the remedy, 
16 regardless of prior service
of process or of notice upon 
17 the respondent, because:

18   (i) For
the remedies of "prohibition of abuse" 
19 described in
Section 214(b)(1), "stay away order and 
20 additional prohibitions" described in
Section

21 214(b)(3), "removal or concealment of minor child" 
22 described in Section
214(b)(8), "order to appear" 
23 described in Section 214(b)(9), "physical
care and 
24 possession of the minor child" described in Section 
25 214(b)(5),
"protection of property" described in 
 
 
SB1390- 50 -LRB103 26412 LNS 52775 b


1 Section 214(b)(11), "prohibition
of entry" described 
2 in Section 214(b)(14), "prohibition of firearm 
3 possession" described in Section 214(b)(14.6) 
4 214(b)(14.5), "prohibition of access to
records" 
5 described in Section 214(b)(15), and "injunctive 
6 relief"
described in Section 214(b)(16), the harm 
7 which that remedy
is intended to prevent would be 
8 likely to occur if the respondent were given
any prior 
9 notice, or greater notice than was actually given, of 
10 the
petitioner's efforts to obtain judicial relief;

11   (ii) For the remedy of "grant of exclusive 
12 possession of
residence" described in Section 
13 214(b)(2), the immediate danger of further
abuse of 
14 the petitioner by the respondent,
if the petitioner 
15 chooses or had chosen to remain in the residence or 
16 household
while the respondent was given any prior 
17 notice or greater notice than was
actually given of 
18 the petitioner's efforts to obtain judicial relief,

19 outweighs the hardships to the respondent of an 
20 emergency order
granting the petitioner exclusive 
21 possession of the residence or household.
This remedy 
22 shall not be denied because the petitioner has or 
23 could obtain
temporary shelter elsewhere while prior 
24 notice is given to the respondent, unless
the

25 hardships to respondent from exclusion from the home 
26 substantially outweigh
those to the petitioner;

 
 
SB1390- 51 -LRB103 26412 LNS 52775 b


1   (iii) For the remedy of "possession of personal 
2 property"
described in
Section 214(b)(10), improper 
3 disposition of the personal
property would be likely

4 to occur if the respondent were given any prior 
5 notice, or greater notice than
was actually given, of 
6 the petitioner's efforts to obtain judicial relief, or 
7 the
petitioner has an immediate and pressing need for 
8 possession of that property.

9 An emergency order may not include the counseling, legal 
10custody, payment
of support, or monetary compensation 
11remedies.

12 (a-5) When a petition for an emergency order of protection 
13is granted, the order and file shall not be public and shall 
14only be accessible to the court, the petitioner, law 
15enforcement, a domestic violence advocate or counselor, the 
16counsel of record for either party, and the State's Attorney 
17for the county until the order is served on the respondent. 
18 (b) Appearance by respondent.
If the respondent appears in 
19court for this hearing for an emergency order,
he or she may 
20elect to file a general appearance and testify.
Any resulting 
21order may be an emergency order, governed
by this Section.

22Notwithstanding the requirements of this Section, if all 
23requirements of
Section 218 have been met, the court may issue 
24a 30-day interim order.

25 (c) Emergency orders: court holidays and evenings.

26  (1) Prerequisites. When the court is unavailable at 
 
 
SB1390- 52 -LRB103 26412 LNS 52775 b


1 the close of
business, the petitioner may file a petition 
2 for a 21-day emergency order
before any available circuit 
3 judge or associate judge who may grant relief
under this 
4 Act. If the judge finds that there is an immediate and 
5 present
danger of abuse to the petitioner and that the 
6 petitioner has satisfied the
prerequisites set forth in 
7 subsection (a) of Section 217, that judge may
issue an 
8 emergency order of protection.

9  (1.5) Issuance of order. The chief judge of the 
10 circuit court
may designate for each county in the circuit 
11 at least one judge to be
reasonably available to
issue 
12 orally, by telephone, by facsimile, or otherwise, an 
13 emergency
order of protection at all times, whether or not 
14 the court is in session.

15  (2) Certification and transfer. The judge who issued 
16 the order under this Section shall promptly communicate or 
17 convey the order to the sheriff to facilitate the entry of 
18 the order into the Law Enforcement Agencies Data System by 
19 the Illinois State Police pursuant to Section 302. Any 
20 order issued under this Section and
any documentation in 
21 support thereof shall be certified on the next court
day 
22 to the appropriate court. The clerk of that court shall 
23 immediately
assign a case number, file the petition, order 
24 and other documents with the
court, and enter the order of 
25 record and file it with the sheriff for
service, in 
26 accordance with Section 222. Filing the petition
shall 
 
 
SB1390- 53 -LRB103 26412 LNS 52775 b


1 commence proceedings for further relief under Section 202.

2 Failure to comply with the requirements of this subsection 
3 shall not
affect the validity of the order.

4(Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; 
5102-831, eff. 5-13-22; revised 7-29-22.)




6 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)


7 Sec. 223. Enforcement of orders of protection. 

8 (a) When violation is crime. A violation of any order of 
9protection,
whether issued in a civil or criminal proceeding 
10or by a military tribunal, shall be enforced
by a
criminal 
11court when:

12  (1) The respondent commits the crime of violation of 
13 an order of
protection pursuant to Section 12-3.4 or 12-30 
14 of the Criminal Code of
1961 or the Criminal Code of 2012, 
15 by
having knowingly violated:

16   (i) remedies described in paragraphs (1), (2), 
17 (3), (14),
or (14.5), or (14.6) of
subsection (b) of 
18 Section 214 of this Act; or

19   (ii) a remedy, which is substantially similar to 
20 the remedies
authorized under paragraphs (1), (2), 
21 (3), (14), and (14.5), and (14.6) of subsection (b)
of 
22 Section 214 of this Act, in a valid order of protection 
23 which is authorized
under the laws of another state, 
24 tribe, or United States territory; or

25   (iii) any other remedy when the act
constitutes a 
 
 
SB1390- 54 -LRB103 26412 LNS 52775 b


1 crime against the protected parties as defined by the

2 Criminal Code of 1961 or the Criminal Code of 2012.

3  Prosecution for a violation of an order of
protection 
4 shall not bar concurrent prosecution for any other crime,

5 including any crime that may have been committed at the 
6 time of the
violation of the order of protection; or

7  (2) The respondent commits the crime of child 
8 abduction pursuant
to Section 10-5 of the Criminal Code of 
9 1961 or the Criminal Code of 2012, by having knowingly 
10 violated:

11   (i) remedies described in paragraphs (5), (6) or 
12 (8) of subsection
(b) of
Section 214 of this Act; or

13   (ii) a remedy, which is substantially similar to 
14 the remedies
authorized under paragraphs (5), (6), or 
15 (8) of subsection (b) of Section 214
of this Act, in a 
16 valid order of protection which is authorized under 
17 the laws
of another state, tribe, or United States 
18 territory.

19 (b) When violation is contempt of court. A violation of 
20any valid
Illinois order of protection, whether issued in a 
21civil or criminal
proceeding or by a military tribunal, may be 
22enforced through civil or criminal contempt procedures,
as 
23appropriate, by any court with jurisdiction, regardless where 
24the act or
acts which violated the order of protection were 
25committed, to the extent
consistent with the venue provisions 
26of this Act. Nothing in this Act
shall preclude any Illinois 
 
 
SB1390- 55 -LRB103 26412 LNS 52775 b


1court from enforcing any valid order of
protection issued in 
2another state. Illinois courts may enforce orders of

3protection through both criminal prosecution and contempt 
4proceedings,
unless the action which is second in time is 
5barred by collateral estoppel
or the constitutional 
6prohibition against double jeopardy.

7  (1) In a contempt proceeding where the petition for a 
8 rule to show
cause sets forth facts evidencing an 
9 immediate danger that the
respondent will flee the 
10 jurisdiction, conceal a child, or inflict physical
abuse 
11 on the petitioner or minor children or on dependent adults 
12 in
petitioner's care, the court may order the
attachment 
13 of the respondent without prior service of the rule to 
14 show
cause or the petition for a rule to show cause. 
15 Conditions of release shall be set unless
specifically 
16 denied in writing.

17  (2) A petition for a rule to show cause for violation 
18 of an order of
protection shall be treated as an expedited 
19 proceeding.

20 (b-1) The court shall not hold a school district or 
21private or non-public school or any of its employees in civil 
22or criminal contempt unless the school district or private or 
23non-public school has been allowed to intervene.
24 (b-2) The court may hold the parents, guardian, or legal 
25custodian of a minor respondent in civil or criminal contempt 
26for a violation of any provision of any order entered under 
 
 
SB1390- 56 -LRB103 26412 LNS 52775 b


1this Act for conduct of the minor respondent in violation of 
2this Act if the
parents, guardian, or legal custodian 
3directed, encouraged, or assisted the respondent minor in such 
4conduct. 
5 (c) Violation of custody or support orders or temporary or 
6final judgments allocating parental responsibilities. A 
7violation of remedies
described in paragraphs (5), (6), (8), 
8or (9) of subsection (b) of Section
214 of this Act may be 
9enforced by any remedy provided by Section 607.5 of
the 
10Illinois Marriage and Dissolution of Marriage Act. The court 
11may
enforce any order for support issued under paragraph (12) 
12of subsection (b)
of Section 214 in the manner provided for 
13under Parts V and VII of the
Illinois Marriage and Dissolution 
14of Marriage Act.

15 (d) Actual knowledge. An order of protection may be 
16enforced pursuant to
this Section if the respondent violates 
17the order after the
respondent has
actual knowledge of its 
18contents as shown through one of the following means:

19  (1) By service, delivery, or notice under Section 210.

20  (2) By notice under Section 210.1 or 211.

21  (3) By service of an order of protection under Section 
22 222.

23  (4) By other means demonstrating actual knowledge of 
24 the contents of the
order.

25 (e) The enforcement of an order of protection in civil or 
26criminal court
shall not be affected by either of the 
 
 
SB1390- 57 -LRB103 26412 LNS 52775 b


1following:

2  (1) The existence of a separate, correlative order, 
3 entered under Section
215.

4  (2) Any finding or order entered in a conjoined 
5 criminal proceeding.

6 (f) Circumstances. The court, when determining whether or 
7not a
violation of an order of protection has occurred, shall 
8not require
physical manifestations of abuse on the person of 
9the victim.

10 (g) Penalties.

11  (1) Except as provided in paragraph (3) of this

12 subsection, where the court finds the commission of a 
13 crime or contempt of
court under subsections (a) or (b) of 
14 this Section, the penalty shall be
the penalty that 
15 generally applies in such criminal or contempt

16 proceedings, and may include one or more of the following: 
17 incarceration,
payment of restitution, a fine, payment of 
18 attorneys' fees and costs, or
community service.

19  (2) The court shall hear and take into account 
20 evidence of any factors
in aggravation or mitigation 
21 before deciding an appropriate penalty under
paragraph (1) 
22 of this subsection.

23  (3) To the extent permitted by law, the court is 
24 encouraged to:

25   (i) increase the penalty for the knowing violation 
26 of
any order of protection over any penalty previously 
 
 
SB1390- 58 -LRB103 26412 LNS 52775 b


1 imposed by any court
for respondent's violation of any 
2 order of protection or penal statute
involving 
3 petitioner as victim and respondent as defendant;

4   (ii) impose a minimum penalty of 24 hours 
5 imprisonment for respondent's
first violation of any 
6 order of protection; and

7   (iii) impose a minimum penalty of 48 hours 
8 imprisonment for
respondent's second or subsequent 
9 violation of an order of protection

10 unless the court explicitly finds that an increased 
11 penalty or that
period of imprisonment would be manifestly 
12 unjust.

13  (4) In addition to any other penalties imposed for a 
14 violation of an
order of protection, a criminal court may 
15 consider evidence of any
violations of an order of 
16 protection:

17   (i) to increase, revoke or modify the conditions 
18 of pretrial release on an underlying
criminal charge 
19 pursuant to Section 110-6 of the Code of Criminal 
20 Procedure
of 1963;

21   (ii) to revoke or modify an order of probation, 
22 conditional discharge or
supervision, pursuant to 
23 Section 5-6-4 of the Unified Code of Corrections;

24   (iii) to revoke or modify a sentence of periodic 
25 imprisonment,
pursuant to Section 5-7-2 of the Unified 
26 Code of Corrections.

 
 
SB1390- 59 -LRB103 26412 LNS 52775 b


1  (5) In addition to any other penalties, the court 
2 shall impose an
additional fine of $20 as authorized by 
3 Section 5-9-1.11 of the Unified Code of
Corrections upon 
4 any person convicted of or placed on supervision for a

5 violation of an order of protection.
The additional fine 
6 shall be imposed for each violation of this Section.

7(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)


8 Section 97. Severability. The provisions of this Act are 
9severable under Section 1.31 of the Statute on Statutes.