SB 3020

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Full Text of SB3020
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	SB3020 - 104th General Assembly
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		SB3020 Enrolled		LRB104 17995 RLC 31432 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 Sections 112A-3, 112A-5.5, 112A-11.5, and
6112A-14 as follows:
7    (725 ILCS 5/112A-3)  (from Ch. 38, par. 112A-3)
8    Sec. 112A-3. Definitions.
9    (a) In this Article:
10    "Advocate" means a person whose communications with the
11victim are privileged under Section 8-802.1 or 8-802.2 of the
12Code of Civil Procedure or Section 227 of the Illinois
13Domestic Violence Act of 1986.
14    "Named victim" means the person named as the victim in the
15delinquency petition or criminal prosecution.
16    "Protective order" means a domestic violence order of
17protection, a civil no contact order, or a stalking no contact
18order.
19    (b) For the purposes of domestic violence cases, the
20following terms shall have the following meanings in this
21Article:
22        (1) "Abuse" means physical abuse, harassment,
23    intimidation of a dependent, interference with personal
		SB3020 Enrolled	- 2 -	LRB104 17995 RLC 31432 b
1    liberty or willful deprivation but does not include
2    reasonable direction of a minor child by a parent or
3    person in loco parentis.
4        (2) "Domestic violence" means abuse as described in
5    paragraph (1) of this subsection (b).
6        (3) "Family or household members" include spouses,
7    former spouses, parents, children, stepchildren, and other
8    persons related by blood or by present or prior marriage,
9    persons who share or formerly shared a common dwelling,
10    persons who have or allegedly have a child in common,
11    persons who share or allegedly share a blood relationship
12    through a child, persons who have or have had a dating or
13    engagement relationship, persons with disabilities and
14    their personal assistants, and caregivers as defined in
15    subsection (e) of Section 12-4.4a of the Criminal Code of
16    2012. For purposes of this paragraph (3), neither a casual
17    acquaintanceship nor ordinary fraternization between 2
18    individuals in business or social contexts shall be deemed
19    to constitute a dating relationship.
20        (4) "Harassment" means knowing conduct which is not
21    necessary to accomplish a purpose which is reasonable
22    under the circumstances; would cause a reasonable person
23    emotional distress; and does cause emotional distress to
24    the petitioner. Unless the presumption is rebutted by a
25    preponderance of the evidence, the following types of
26    conduct shall be presumed to cause emotional distress:
		SB3020 Enrolled	- 3 -	LRB104 17995 RLC 31432 b
1            (i) creating a disturbance at petitioner's place
2        of employment or school;
3            (ii) repeatedly telephoning or electronically 
4        contacting the petitioner's place of employment, home, 
5        mobile phone, or residence or otherwise repeatedly 
6        contacting the petitioner, including through a third 
7        party, by any means [repeatedly telephoning ]
8        [petitioner's place of employment, home or residence];
9            (iii) repeatedly following the petitioner about in
10        a public place [or places];
11            (iv) repeatedly keeping the petitioner under
12        surveillance by remaining present outside his or her
13        home, school, place of employment, vehicle, or other
14        place occupied by the petitioner or by peering in the
15        petitioner's windows;
16            (iv-5) using electronic means to repeatedly track, 
17        monitor, surveil, record, or otherwise acquire 
18        information about the petitioner's location, movement, 
19        or travel patterns, including through third parties;
20            (v) improperly concealing a minor child from the
21        petitioner, repeatedly threatening to improperly
22        remove a minor child of the petitioner's from the
23        jurisdiction or from the physical care of the
24        petitioner, repeatedly threatening to conceal a minor
25        child from the petitioner, or making a single such
26        threat following an actual or attempted improper
		SB3020 Enrolled	- 4 -	LRB104 17995 RLC 31432 b
1        removal or concealment, unless the respondent was
2        fleeing from an incident or pattern of domestic
3        violence; [or]
4            (vi) threatening physical force, confinement or
5        restraint on one or more occasions; [.]
6            (vii) non-consensual dissemination or threatening 
7        the non-consensual dissemination of electronically 
8        generated or altered content using the image, voice, 
9        or other characteristic of the petitioner to falsely 
10        and deceptively impersonate the petitioner or the 
11        petitioner's representative;
12            (viii) non-consensual dissemination or threatening 
13        the non-consensual dissemination of private sexual 
14        images or electronically altered sexual images of the 
15        petitioner; or
16            (ix) publishing the personally identifiable 
17        information of the petitioner.
18        (5) "Interference with personal liberty" means
19    committing or threatening physical abuse, harassment,
20    intimidation or willful deprivation so as to compel
21    another to engage in conduct from which she or he has a
22    right to abstain or to refrain from conduct in which she or
23    he has a right to engage.
24        (6) "Intimidation of a dependent" means subjecting a
25    person who is dependent because of age, health, or
26    disability to participation in or the witnessing of:
		SB3020 Enrolled	- 5 -	LRB104 17995 RLC 31432 b
1    physical force against another or physical confinement or
2    restraint of another which constitutes physical abuse as
3    defined in this Article, regardless of whether the abused
4    person is a family or household member.
5        (7) "Order of protection" or "domestic violence order
6    of protection" means an ex parte or final order, granted
7    pursuant to this Article, which includes any or all of the
8    remedies authorized by Section 112A-14 of this Code.
9        (8) "Petitioner" may mean not only any named
10    petitioner for the domestic violence order of protection
11    and any named victim of abuse on whose behalf the petition
12    is brought, but also any other person protected by this
13    Article.
14        (9) "Physical abuse" includes sexual abuse and means
15    any of the following:
16            (i) knowing or reckless use of physical force,
17        confinement or restraint;
18            (ii) knowing, repeated and unnecessary sleep
19        deprivation; or
20            (iii) knowing or reckless conduct which creates an
21        immediate risk of physical harm.
22        (9.3) "Respondent" in a petition for a domestic
23    violence order of protection means the defendant.
24        (9.5) "Stay away" means for the respondent to refrain
25    from both physical presence and nonphysical contact with
26    the petitioner whether direct, indirect (including, but
		SB3020 Enrolled	- 6 -	LRB104 17995 RLC 31432 b
1    not limited to, telephone calls, mail, email, faxes, and
2    written notes), or through third parties who may or may
3    not know about the domestic violence order of protection.
4        (10) "Willful deprivation" means wilfully denying a
5    person who because of age, health or disability requires
6    medication, medical care, shelter, accessible shelter or
7    services, food, therapeutic device, or other physical
8    assistance, and thereby exposing that person to the risk
9    of physical, mental or emotional harm, except with regard
10    to medical care and treatment when such dependent person
11    has expressed the intent to forgo such medical care or
12    treatment. This paragraph (10) does not create any new
13    affirmative duty to provide support to dependent persons.
14    (c) For the purposes of cases involving sexual offenses,
15the following terms shall have the following meanings in this
16Article:
17        (1) "Civil no contact order" means an ex parte or
18    final order granted under this Article, which includes a
19    remedy authorized by Section 112A-14.5 of this Code.
20        (1.5) "Electronic" means relating to technology having 
21    electrical, digital, magnetic, wireless, networked, 
22    optical, electromagnetic, global positioning system, or 
23    similar capabilities.
24        (2) "Family or household members" include spouses,
25    parents, children, stepchildren, and persons who share a
26    common dwelling.
		SB3020 Enrolled	- 7 -	LRB104 17995 RLC 31432 b
1        (3) "Non-consensual" means a lack of freely given
2    agreement.
3        (4) "Petitioner" means not only any named petitioner
4    for the civil no contact order and any named victim of
5    non-consensual sexual conduct or non-consensual sexual
6    penetration on whose behalf the petition is brought, but
7    includes any other person sought to be protected under
8    this Article.
9        (5) "Respondent" in a petition for a civil no contact
10    order means the defendant.
11        (6) "Sexual conduct" means any intentional or knowing
12    touching or fondling by the petitioner or the respondent,
13    either directly or through clothing, of the sex organs,
14    anus, or breast of the petitioner or the respondent, or
15    any part of the body of a child under 13 years of age, or
16    any transfer or transmission of semen by the respondent
17    upon any part of the clothed or unclothed body of the
18    petitioner, for the purpose of sexual gratification or
19    arousal of the petitioner or the respondent.
20        (7) "Sexual penetration" means any contact, however
21    slight, between the sex organ or anus of one person by an
22    object, the sex organ, mouth or anus of another person, or
23    any intrusion, however slight, of any part of the body of
24    one person or of any animal or object into the sex organ or
25    anus of another person, including, but not limited to,
26    cunnilingus, fellatio, or anal penetration. Evidence of
		SB3020 Enrolled	- 8 -	LRB104 17995 RLC 31432 b
1    emission of semen is not required to prove sexual
2    penetration.
3        (8) "Stay away" means to refrain from both physical
4    presence and nonphysical contact with the petitioner
5    directly, indirectly, or through third parties who may or
6    may not know of the order. "Nonphysical contact" includes,
7    but is not limited to, telephone calls, mail, e-mail, fax,
8    and written notes.
9    (d) For the purposes of cases involving stalking offenses,
10the following terms shall have the following meanings in this
11Article:
12        (1) "Course of conduct" means 2 or more acts,
13    including, but not limited to, acts in which a respondent
14    directly, indirectly, or through third parties, by any
15    action, method, device, or means follows, monitors,
16    observes, surveils, threatens, or communicates to or
17    about, a person, engages in other contact, or interferes
18    with or damages a person's property or pet. A course of
19    conduct may include contact via electronic communications.
20    The incarceration of a person in a penal institution who
21    commits the course of conduct is not a bar to prosecution.
22        (2) "Emotional distress" means significant mental
23    suffering, anxiety, or alarm.
24        (3) "Contact" includes any contact with the victim,
25    that is initiated or continued without the victim's
26    consent, or that is in disregard of the victim's expressed
		SB3020 Enrolled	- 9 -	LRB104 17995 RLC 31432 b
1    desire that the contact be avoided or discontinued,
2    including, but not limited to, being in the physical
3    presence of the victim; appearing within the sight of the
4    victim; approaching or confronting the victim in a public
5    place or on private property; appearing at the workplace
6    or residence of the victim; entering onto or remaining on
7    property owned, leased, or occupied by the victim; or
8    placing an object on, or delivering an object to, property
9    owned, leased, or occupied by the victim.
10        (4) "Petitioner" means any named petitioner for the
11    stalking no contact order or any named victim of stalking
12    on whose behalf the petition is brought.
13        (5) "Reasonable person" means a person in the
14    petitioner's circumstances with the petitioner's knowledge
15    of the respondent and the respondent's prior acts.
16        (6) "Respondent" in a petition for a civil no contact
17    order means the defendant.
18        (7) "Stalking" means engaging in a course of conduct
19    directed at a specific person, and he or she knows or
20    should know that this course of conduct would cause a
21    reasonable person to fear for his or her safety or the
22    safety of a third person or suffer emotional distress.
23    "Stalking" does not include an exercise of the right to
24    free speech or assembly that is otherwise lawful or
25    picketing occurring at the workplace that is otherwise
26    lawful and arises out of a bona fide labor dispute,
		SB3020 Enrolled	- 10 -	LRB104 17995 RLC 31432 b
1    including any controversy concerning wages, salaries,
2    hours, working conditions or benefits, including health
3    and welfare, sick leave, insurance, and pension or
4    retirement provisions, the making or maintaining of
5    collective bargaining agreements, and the terms to be
6    included in those agreements.
7        (8) "Stalking no contact order" means an ex parte or
8    final order granted under this Article, which includes a
9    remedy authorized by Section 112A-14.7 of this Code.
10(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
11    (725 ILCS 5/112A-5.5)
12    Sec. 112A-5.5. Time for filing petition; service on
13respondent, hearing on petition, and default orders.
14    (a) A petition for a protective order may be filed at any
15time, in person or online, after a criminal charge or
16delinquency petition is filed and before the charge or
17delinquency petition is dismissed, the defendant or juvenile
18is acquitted, or the defendant or juvenile completes service
19of his or her sentence.
20    (b) The request for an ex parte protective order may be
21considered without notice to the respondent under Section
22112A-17.5 of this Code.
23    (c) A summons shall be issued and served for a protective
24order. The summons may be served by delivery to the respondent
25personally in open court in the criminal or juvenile
		SB3020 Enrolled	- 11 -	LRB104 17995 RLC 31432 b
1delinquency proceeding, in the form prescribed by subsection
2(d) of Supreme Court Rule 101, except that it shall require the
3respondent to answer or appear within 7 days. Attachments to
4the summons shall include the petition for protective order,
5supporting affidavits, if any, and any ex parte protective
6order that has been issued.
7    (d) The summons shall be served by the sheriff or other law
8enforcement officer at the earliest time available and shall
9take precedence over any other summons, except those of a
10similar emergency nature. Attachments to the summons shall
11include the petition for protective order, supporting
12affidavits, if any, and any ex parte protective order that has
13been issued. Special process servers may be appointed at any
14time and their designation shall not affect the
15responsibilities and authority of the sheriff or other
16official process servers. In a county with a population over
173,000,000, a special process server may not be appointed if
18the protective order grants the surrender of a child, the
19surrender of a firearm or Firearm Owner's Identification Card,
20or the exclusive possession of a shared residence.
21    (e) If the respondent is not served within 30 days of the
22filing of the petition, the court shall schedule a court
23proceeding on the issue of service. Either the petitioner, the
24petitioner's counsel, or the State's Attorney shall appear and
25the court shall either order continued attempts at personal
26service or shall order service by publication, in accordance
		SB3020 Enrolled	- 12 -	LRB104 17995 RLC 31432 b
1with Sections 2-203, 2-206, and 2-207 of the Code of Civil
2Procedure.
3    (f) The request for a final protective order can be
4considered at any court proceeding in the delinquency or
5criminal case after service of the petition. If the petitioner
6has not been provided notice of the court proceeding at least
710 days in advance of the proceeding, the court shall schedule
8a hearing on the petition and provide notice to the
9petitioner.
10    (f-5) A court [in a county with a population above 250,000]
11shall offer the option of a remote hearing to a petitioner for
12a protective order. The court shall grant a request for a 
13remote hearing unless good cause is shown for denial [has the ]
14[discretion to grant or deny the request for a remote hearing].
15Each court shall determine the procedure for a remote hearing
16in accordance with Illinois Supreme Court Rule 45. The
17petitioner, applicable witness or witnesses and respondent may
18appear remotely or in person.
19    The court shall issue and publish a court order, standing
20order, or local rule detailing information about the process
21for requesting and participating in a remote court appearance.
22The court order, standing order, or local rule shall be
23published on the court's website and posted on signs
24throughout the courthouse, including in the clerk's office.
25The sign shall be written in plain language and include
26information about the availability of remote court appearances
		SB3020 Enrolled	- 13 -	LRB104 17995 RLC 31432 b
1and the process for requesting a remote hearing.
2    (g) Default orders.
3        (1) A final domestic violence order of protection may
4    be entered by default:
5            (A) for any of the remedies sought in the
6        petition, if the respondent has been served with
7        documents under subsection (b) or (c) of this Section
8        and if the respondent fails to appear on the specified
9        return date or any subsequent hearing date agreed to
10        by the petitioner and respondent or set by the court;
11        or
12            (B) for any of the remedies provided under
13        paragraph (1), (2), (3), (5), (6), (7), (8), (9),
14        (10), (11), (14), (15), (17), or (18) of subsection
15        (b) of Section 112A-14 of this Code, or if the
16        respondent fails to answer or appear in accordance
17        with the date set in the publication notice or the
18        return date indicated on the service of a household
19        member.
20        (2) A final civil no contact order may be entered by
21    default for any of the remedies provided in Section
22    112A-14.5 of this Code, if the respondent has been served
23    with documents under subsection (b) or (c) of this
24    Section, and if the respondent fails to answer or appear
25    in accordance with the date set in the publication notice
26    or the return date indicated on the service of a household
		SB3020 Enrolled	- 14 -	LRB104 17995 RLC 31432 b
1    member.
2        (3) A final stalking no contact order may be entered
3    by default for any of the remedies provided by Section
4    112A-14.7 of this Code, if the respondent has been served
5    with documents under subsection (b) or (c) of this Section
6    and if the respondent fails to answer or appear in
7    accordance with the date set in the publication notice or
8    the return date indicated on the service of a household
9    member.
10(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
11    (725 ILCS 5/112A-11.5)
12    Sec. 112A-11.5. Issuance of protective order.
13    (a) Except as provided in subsection (a-5) of this
14Section, the court shall grant the petition and enter a
15protective order if the court finds prima facie evidence that
16a crime involving domestic violence, a sexual offense, or a
17crime involving stalking has been committed. The following
18shall be considered prima facie evidence of the crime:
19        (1) an information, complaint, indictment, or
20    delinquency petition, charging a crime of domestic
21    violence, a sexual offense, or stalking or charging an
22    attempt to commit a crime of domestic violence, a sexual
23    offense, or stalking;
24        (2) an adjudication of delinquency, a finding of guilt
25    based upon a plea, or a finding of guilt after a trial for
		SB3020 Enrolled	- 15 -	LRB104 17995 RLC 31432 b
1    a crime of domestic battery, a sexual crime, or stalking
2    or an attempt to commit a crime of domestic violence, a
3    sexual offense, or stalking;
4        (3) any dispositional order issued under Section 5-710
5    of the Juvenile Court Act of 1987, the imposition of
6    supervision, conditional discharge, probation, periodic
7    imprisonment, parole, aftercare release, or mandatory
8    supervised release for a crime of domestic violence, a
9    sexual offense, or stalking or an attempt to commit a
10    crime of domestic violence, a sexual offense, or stalking,
11    or imprisonment in conjunction with a bond forfeiture
12    warrant; or
13        (4) the entry of a protective order in a separate
14    civil case brought by the petitioner against the
15    respondent.
16    (a-5) The respondent may rebut prima facie evidence of the
17crime under paragraph (1) of subsection (a) of this Section by
18presenting evidence of a meritorious defense. The respondent
19shall file a written notice alleging a meritorious defense
20which shall be verified and supported by affidavit. The
21verified notice and affidavit shall set forth the evidence
22that will be presented at a hearing. If the court finds that
23the evidence presented at the hearing establishes a
24meritorious defense by a preponderance of the evidence, the
25court may decide not to issue a protective order.
26    (b) The petitioner shall not be denied a protective order
		SB3020 Enrolled	- 16 -	LRB104 17995 RLC 31432 b
1because the petitioner or the respondent is a minor or solely 
2upon the basis that the respondent or petitioner is 
3incarcerated in a penal institution at the time of the 
4issuance of the order.
5    (c) The court, when determining whether or not to issue a
6protective order, may not require physical injury on the
7person of the victim.
8    (d) If the court issues a final protective order under
9this Section, the court shall afford the petitioner and
10respondent an opportunity to be heard on the remedies
11requested in the petition.
12(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
13    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
14    Sec. 112A-14. Domestic violence order of protection;
15remedies.
16    (a) (Blank).
17    (b) The court may order any of the remedies listed in this
18subsection (b). The remedies listed in this subsection (b)
19shall be in addition to other civil or criminal remedies
20available to petitioner.
21        (1) Prohibition of abuse. Prohibit respondent's
22    harassment, interference with personal liberty,
23    intimidation of a dependent, physical abuse, or willful
24    deprivation, as defined in this Article, if such abuse has
25    occurred or otherwise appears likely to occur if not
		SB3020 Enrolled	- 17 -	LRB104 17995 RLC 31432 b
1    prohibited.
2        (2) Grant of exclusive possession of residence.
3    Prohibit respondent from entering or remaining in any
4    residence, household, or premises of the petitioner,
5    including one owned or leased by respondent, if petitioner
6    has a right to occupancy thereof. The grant of exclusive
7    possession of the residence, household, or premises shall
8    not affect title to real property, nor shall the court be
9    limited by the standard set forth in subsection (c-2) of
10    Section 501 of the Illinois Marriage and Dissolution of
11    Marriage Act.
12            (A) Right to occupancy. A party has a right to
13        occupancy of a residence or household if it is solely
14        or jointly owned or leased by that party, that party's
15        spouse, a person with a legal duty to support that
16        party or a minor child in that party's care, or by any
17        person or entity other than the opposing party that
18        authorizes that party's occupancy (e.g., a domestic
19        violence shelter). Standards set forth in subparagraph
20        (B) shall not preclude equitable relief.
21            (B) Presumption of hardships. If petitioner and
22        respondent each has the right to occupancy of a
23        residence or household, the court shall balance (i)
24        the hardships to respondent and any minor child or
25        dependent adult in respondent's care resulting from
26        entry of this remedy with (ii) the hardships to
		SB3020 Enrolled	- 18 -	LRB104 17995 RLC 31432 b
1        petitioner and any minor child or dependent adult in
2        petitioner's care resulting from continued exposure to
3        the risk of abuse (should petitioner remain at the
4        residence or household) or from loss of possession of
5        the residence or household (should petitioner leave to
6        avoid the risk of abuse). When determining the balance
7        of hardships, the court shall also take into account
8        the accessibility of the residence or household.
9        Hardships need not be balanced if respondent does not
10        have a right to occupancy.
11            The balance of hardships is presumed to favor
12        possession by petitioner unless the presumption is
13        rebutted by a preponderance of the evidence, showing
14        that the hardships to respondent substantially
15        outweigh the hardships to petitioner and any minor
16        child or dependent adult in petitioner's care. The
17        court, on the request of petitioner or on its own
18        motion, may order respondent to provide suitable,
19        accessible, alternate housing for petitioner instead
20        of excluding respondent from a mutual residence or
21        household.
22        (3) Stay away order and additional prohibitions. Order
23    respondent to stay away from petitioner or any other
24    person protected by the domestic violence order of
25    protection, or prohibit respondent from entering or
26    remaining present at petitioner's school, place of
		SB3020 Enrolled	- 19 -	LRB104 17995 RLC 31432 b
1    employment, or other specified places at times when
2    petitioner is present, or both, if reasonable, given the
3    balance of hardships. Hardships need not be balanced for
4    the court to enter a stay away order or prohibit entry if
5    respondent has no right to enter the premises.
6            (A) If a domestic violence order of protection
7        grants petitioner exclusive possession of the
8        residence, prohibits respondent from entering the
9        residence, or orders respondent to stay away from
10        petitioner or other protected persons, then the court
11        may allow respondent access to the residence to remove
12        items of clothing and personal adornment used
13        exclusively by respondent, medications, and other
14        items as the court directs. The right to access shall
15        be exercised on only one occasion as the court directs
16        and in the presence of an agreed-upon adult third
17        party or law enforcement officer.
18            (B) When the petitioner and the respondent attend
19        the same public, private, or non-public elementary,
20        middle, or high school, the court when issuing a
21        domestic violence order of protection and providing
22        relief shall consider the severity of the act, any
23        continuing physical danger or emotional distress to
24        the petitioner, the educational rights guaranteed to
25        the petitioner and respondent under federal and State
26        law, the availability of a transfer of the respondent
		SB3020 Enrolled	- 20 -	LRB104 17995 RLC 31432 b
1        to another school, a change of placement or a change of
2        program of the respondent, the expense, difficulty,
3        and educational disruption that would be caused by a
4        transfer of the respondent to another school, and any
5        other relevant facts of the case. The court may order
6        that the respondent not attend the public, private, or
7        non-public elementary, middle, or high school attended
8        by the petitioner, order that the respondent accept a
9        change of placement or change of program, as
10        determined by the school district or private or
11        non-public school, or place restrictions on the
12        respondent's movements within the school attended by
13        the petitioner. The respondent bears the burden of
14        proving by a preponderance of the evidence that a
15        transfer, change of placement, or change of program of
16        the respondent is not available. The respondent also
17        bears the burden of production with respect to the
18        expense, difficulty, and educational disruption that
19        would be caused by a transfer of the respondent to
20        another school. A transfer, change of placement, or
21        change of program is not unavailable to the respondent
22        solely on the ground that the respondent does not
23        agree with the school district's or private or
24        non-public school's transfer, change of placement, or
25        change of program or solely on the ground that the
26        respondent fails or refuses to consent or otherwise
		SB3020 Enrolled	- 21 -	LRB104 17995 RLC 31432 b
1        does not take an action required to effectuate a
2        transfer, change of placement, or change of program.
3        When a court orders a respondent to stay away from the
4        public, private, or non-public school attended by the
5        petitioner and the respondent requests a transfer to
6        another attendance center within the respondent's
7        school district or private or non-public school, the
8        school district or private or non-public school shall
9        have sole discretion to determine the attendance
10        center to which the respondent is transferred. If the
11        court order results in a transfer of the minor
12        respondent to another attendance center, a change in
13        the respondent's placement, or a change of the
14        respondent's program, the parents, guardian, or legal
15        custodian of the respondent is responsible for
16        transportation and other costs associated with the
17        transfer or change.
18            (C) The court may order the parents, guardian, or
19        legal custodian of a minor respondent to take certain
20        actions or to refrain from taking certain actions to
21        ensure that the respondent complies with the order. If
22        the court orders a transfer of the respondent to
23        another school, the parents, guardian, or legal
24        custodian of the respondent is responsible for
25        transportation and other costs associated with the
26        change of school by the respondent.
		SB3020 Enrolled	- 22 -	LRB104 17995 RLC 31432 b
1        (4) Counseling. Require or recommend the respondent to
2    undergo counseling for a specified duration with a social
3    worker, psychologist, clinical psychologist,
4    psychiatrist, family service agency, alcohol or substance
5    abuse program, mental health center guidance counselor,
6    agency providing services to elders, program designed for
7    domestic violence abusers, or any other guidance service
8    the court deems appropriate. The court may order the
9    respondent in any intimate partner relationship to report
10    to an Illinois Department of Human Services protocol
11    approved partner abuse intervention program for an
12    assessment and to follow all recommended treatment.
13        (5) Physical care and possession of the minor child.
14    In order to protect the minor child from abuse, neglect,
15    or unwarranted separation from the person who has been the
16    minor child's primary caretaker, or to otherwise protect
17    the well-being of the minor child, the court may do either
18    or both of the following: (i) grant petitioner physical
19    care or possession of the minor child, or both, or (ii)
20    order respondent to return a minor child to, or not remove
21    a minor child from, the physical care of a parent or person
22    in loco parentis.
23        If the respondent is charged with abuse (as defined in
24    Section 112A-3 of this Code) of a minor child, there shall
25    be a rebuttable presumption that awarding physical care to
26    respondent would not be in the minor child's best
		SB3020 Enrolled	- 23 -	LRB104 17995 RLC 31432 b
1    interest.
2        (6) Temporary allocation of parental responsibilities
3    and significant decision-making responsibilities. Award
4    temporary significant decision-making responsibility to
5    petitioner in accordance with this Section, the Illinois
6    Marriage and Dissolution of Marriage Act, the Illinois
7    Parentage Act of 2015, and this State's Uniform
8    Child-Custody Jurisdiction and Enforcement Act.
9        If the respondent is charged with abuse (as defined in
10    Section 112A-3 of this Code) of a minor child, there shall
11    be a rebuttable presumption that awarding temporary
12    significant decision-making responsibility to respondent
13    would not be in the child's best interest.
14        (7) Parenting time. Determine the parenting time, if
15    any, of respondent in any case in which the court awards
16    physical care or temporary significant decision-making
17    responsibility of a minor child to petitioner. The court
18    shall restrict or deny respondent's parenting time with a
19    minor child if the court finds that respondent has done or
20    is likely to do any of the following:
21            (i) abuse or endanger the minor child during
22        parenting time;
23            (ii) use the parenting time as an opportunity to
24        abuse or harass petitioner or petitioner's family or
25        household members;
26            (iii) improperly conceal or detain the minor
		SB3020 Enrolled	- 24 -	LRB104 17995 RLC 31432 b
1        child; or
2            (iv) otherwise act in a manner that is not in the
3        best interests of the minor child.
4        The court shall not be limited by the standards set
5    forth in Section 603.10 of the Illinois Marriage and
6    Dissolution of Marriage Act. If the court grants parenting
7    time, the order shall specify dates and times for the
8    parenting time to take place or other specific parameters
9    or conditions that are appropriate. No order for parenting
10    time shall refer merely to the term "reasonable parenting
11    time". Petitioner may deny respondent access to the minor
12    child if, when respondent arrives for parenting time,
13    respondent is under the influence of drugs or alcohol and
14    constitutes a threat to the safety and well-being of
15    petitioner or petitioner's minor children or is behaving
16    in a violent or abusive manner. If necessary to protect
17    any member of petitioner's family or household from future
18    abuse, respondent shall be prohibited from coming to
19    petitioner's residence to meet the minor child for
20    parenting time, and the petitioner and respondent shall
21    submit to the court their recommendations for reasonable
22    alternative arrangements for parenting time. A person may
23    be approved to supervise parenting time only after filing
24    an affidavit accepting that responsibility and
25    acknowledging accountability to the court.
26        (8) Removal or concealment of minor child. Prohibit
		SB3020 Enrolled	- 25 -	LRB104 17995 RLC 31432 b
1    respondent from removing a minor child from the State or
2    concealing the child within the State.
3        (9) Order to appear. Order the respondent to appear in
4    court, alone or with a minor child, to prevent abuse,
5    neglect, removal or concealment of the child, to return
6    the child to the custody or care of the petitioner, or to
7    permit any court-ordered interview or examination of the
8    child or the respondent.
9        (10) Possession of personal property. Grant petitioner
10    exclusive possession of personal property and, if
11    respondent has possession or control, direct respondent to
12    promptly make it available to petitioner, if:
13            (i) petitioner, but not respondent, owns the
14        property; or
15            (ii) the petitioner and respondent own the
16        property jointly; sharing it would risk abuse of
17        petitioner by respondent or is impracticable; and the
18        balance of hardships favors temporary possession by
19        petitioner.
20        If petitioner's sole claim to ownership of the
21    property is that it is marital property, the court may
22    award petitioner temporary possession thereof under the
23    standards of subparagraph (ii) of this paragraph only if a
24    proper proceeding has been filed under the Illinois
25    Marriage and Dissolution of Marriage Act, as now or
26    hereafter amended.
		SB3020 Enrolled	- 26 -	LRB104 17995 RLC 31432 b
1        No order under this provision shall affect title to
2    property.
3        (11) Protection of property. Forbid the respondent
4    from taking, transferring, encumbering, concealing,
5    damaging, or otherwise disposing of any real or personal
6    property, except as explicitly authorized by the court,
7    if:
8            (i) petitioner, but not respondent, owns the
9        property; or
10            (ii) the petitioner and respondent own the
11        property jointly, and the balance of hardships favors
12        granting this remedy.
13        If petitioner's sole claim to ownership of the
14    property is that it is marital property, the court may
15    grant petitioner relief under subparagraph (ii) of this
16    paragraph only if a proper proceeding has been filed under
17    the Illinois Marriage and Dissolution of Marriage Act, as
18    now or hereafter amended.
19        The court may further prohibit respondent from
20    improperly using the financial or other resources of an
21    aged member of the family or household for the profit or
22    advantage of respondent or of any other person.
23        (11.5) Protection of animals. Grant the petitioner the
24    exclusive care, custody, or control of any animal owned,
25    possessed, leased, kept, or held by either the petitioner
26    or the respondent or a minor child residing in the
		SB3020 Enrolled	- 27 -	LRB104 17995 RLC 31432 b
1    residence or household of either the petitioner or the
2    respondent and order the respondent to stay away from the
3    animal and forbid the respondent from taking,
4    transferring, encumbering, concealing, harming, or
5    otherwise disposing of the animal.
6        (12) Order for payment of support. Order respondent to
7    pay temporary support for the petitioner or any child in
8    the petitioner's care or over whom the petitioner has been
9    allocated parental responsibility, when the respondent has
10    a legal obligation to support that person, in accordance
11    with the Illinois Marriage and Dissolution of Marriage
12    Act, which shall govern, among other matters, the amount
13    of support, payment through the clerk and withholding of
14    income to secure payment. An order for child support may
15    be granted to a petitioner with lawful physical care of a
16    child, or an order or agreement for physical care of a
17    child, prior to entry of an order allocating significant
18    decision-making responsibility. Such a support order shall
19    expire upon entry of a valid order allocating parental
20    responsibility differently and vacating petitioner's
21    significant decision-making responsibility unless
22    otherwise provided in the order.
23        (13) Order for payment of losses. Order respondent to
24    pay petitioner for losses suffered as a direct result of
25    the abuse. Such losses shall include, but not be limited
26    to, medical expenses, lost earnings or other support,
		SB3020 Enrolled	- 28 -	LRB104 17995 RLC 31432 b
1    repair or replacement of property damaged or taken,
2    reasonable attorney's fees, court costs, and moving or
3    other travel expenses, including additional reasonable
4    expenses for temporary shelter and restaurant meals.
5            (i) Losses affecting family needs. If a party is
6        entitled to seek maintenance, child support, or
7        property distribution from the other party under the
8        Illinois Marriage and Dissolution of Marriage Act, as
9        now or hereafter amended, the court may order
10        respondent to reimburse petitioner's actual losses, to
11        the extent that such reimbursement would be
12        "appropriate temporary relief", as authorized by
13        subsection (a)(3) of Section 501 of that Act.
14            (ii) Recovery of expenses. In the case of an
15        improper concealment or removal of a minor child, the
16        court may order respondent to pay the reasonable
17        expenses incurred or to be incurred in the search for
18        and recovery of the minor child, including, but not
19        limited to, legal fees, court costs, private
20        investigator fees, and travel costs.
21        (14) Prohibition of entry. Prohibit the respondent
22    from entering or remaining in the residence or household
23    while the respondent is under the influence of alcohol or
24    drugs and constitutes a threat to the safety and
25    well-being of the petitioner or the petitioner's children.
26        (14.5) Prohibition of possession of firearms and
		SB3020 Enrolled	- 29 -	LRB104 17995 RLC 31432 b
1    firearm parts; search and seizure of firearms and firearm
2    parts.
3            (A) Subject to the provisions of subparagraph
4        (B-2), if applicable, a person who is subject to an
5        existing domestic violence order of protection issued
6        under this Code may not lawfully possess firearms or
7        firearm parts that could be assembled to make an
8        operable firearm or a Firearm Owner's Identification
9        Card under Section 8.2 of the Firearm Owners
10        Identification Card Act.
11            (B) Any firearms in the possession of the
12        respondent, except as provided in subparagraph (C) of
13        this paragraph (14.5) and subject to the provisions of
14        subparagraph (B-2), if applicable, shall be ordered by
15        the court to be surrendered to law enforcement for
16        safekeeping. Any firearms or firearm parts on the
17        respondent's person or at the place of service shall
18        be immediately surrendered to the serving officers at
19        the time of service of the order of protection, and any
20        other firearms or firearm parts shall be surrendered
21        to local law enforcement within 24 hours of service of
22        the order of protection. Any Firearm Owner's
23        Identification Card or Concealed Carry License in the
24        possession of the respondent, except as provided in
25        subparagraph (C), shall also be ordered by the court
26        to be turned over to serving officers at the time of
		SB3020 Enrolled	- 30 -	LRB104 17995 RLC 31432 b
1        service of the order of protection or, if not on the
2        respondent's person or at the location where the
3        respondent is served at the time of service, to local
4        law enforcement within 24 hours of service of the
5        order. The law enforcement agency shall immediately
6        mail the card, as well as any license, to the Illinois
7        State Police Firearm Owner's Identification Card
8        Office for safekeeping.
9            (B-1) Upon request of the petitioner or the
10        State's Attorney on behalf of the petitioner, a law
11        enforcement officer may seek a search warrant based on
12        the allegations in the petition for the Order of
13        Protection.
14                (i) If requested by law enforcement, the court
15            shall issue a search warrant for the seizure of
16            any firearms or firearm parts that could be
17            assembled to make an operable firearm belonging to
18            the respondent at or after entry of an order of
19            protection if the court, based upon sworn
20            testimony and governed by Sections 108-3 and
21            108-4, finds probable cause exists that:
22                    (aa) the respondent poses an immediate and
23                present credible threat to the physical safety
24                of the petitioner protected by the order of
25                protection;
26                    (bb) the respondent possesses firearms or
		SB3020 Enrolled	- 31 -	LRB104 17995 RLC 31432 b
1                firearm parts that could be assembled to make
2                an operable firearm; and
3                    (cc) the firearms or firearm parts that
4                could be assembled to make an operable firearm
5                are located at the residence, vehicle, or
6                other property of the respondent to be
7                searched.
8                (ii) The search warrant shall specify with
9            particularity the scope of the search, including
10            the property to be searched, and shall direct the
11            law enforcement agency to seize the respondent's
12            firearms and firearm parts that could be assembled
13            to make an operable firearm. Law enforcement shall
14            also be directed to seize into their possession
15            any Firearm Owner's Identification Card and any
16            Concealed Carry License belonging to the
17            respondent.
18                (iii) The law enforcement agency to which the
19            court has directed the warrant shall execute the
20            warrant no later than 96 hours after issuance. The
21            law enforcement agency to which the court has
22            directed the warrant may coordinate with other law
23            enforcement agencies to execute the warrant. A
24            return of the warrant shall be filed by the law
25            enforcement agency within 24 hours of execution,
26            setting forth the time, date, and location where
		SB3020 Enrolled	- 32 -	LRB104 17995 RLC 31432 b
1            the warrant was executed and what items, if any,
2            were seized. If the court is not in session, the
3            return information shall be returned on the next
4            date the court is in session. Subject to the
5            provisions of this Section, peace officers shall
6            have the same authority to execute a warrant
7            issued under this subsection as a warrant issued
8            under Article 108.
9                (iv) If the property to be searched is in
10            another county, the petitioner or the State's
11            Attorney may seek a search warrant in that county
12            with the law enforcement agency with primary
13            responsibility for responding to service calls at
14            the property to be searched. Regardless of whether
15            the petitioner is working with the State's
16            Attorney under subsection (d) of Section 112A-4.5,
17            the petitioner may request the State's Attorney's
18            assistance to request that the law enforcement
19            agency in the county where the property is located
20            seek a search warrant.
21                (v) Service of an order of protection shall,
22            to the extent possible, be concurrent with any
23            warrant issued under this paragraph.
24            (B-2) Ex parte relief may be granted under this
25        paragraph (14.5) only if the court finds that personal
26        injury to the petitioner is likely to occur if the
		SB3020 Enrolled	- 33 -	LRB104 17995 RLC 31432 b
1        respondent received prior notice and if the petitioner
2        has otherwise satisfied the requirements of Section
3        112A-17.5 of this Article.
4            (C) If the respondent is a peace officer as
5        defined in Section 2-13 of the Criminal Code of 2012,
6        the court shall order that any firearms used by the
7        respondent in the performance of his or her duties as a
8        peace officer be surrendered to the chief law
9        enforcement executive of the agency in which the
10        respondent is employed, who shall retain the firearms
11        for safekeeping for the duration of the domestic
12        violence order of protection.
13            (D)(i) Any firearms or firearm parts that could be
14        assembled to make an operable firearm that have been
15        seized or surrendered shall be kept by the law
16        enforcement agency that took possession of the items
17        for safekeeping, except as provided in subparagraph
18        (C), (E), or (F). The period of safekeeping shall be
19        for the duration of the order of protection. Except as
20        provided in subparagraph (F), the respondent is
21        prohibited from transferring firearms or firearm parts
22        to another individual in lieu of surrender to law
23        enforcement. The law enforcement agency shall provide
24        an itemized statement of receipt to the respondent and
25        the court describing any seized or surrendered
26        firearms or firearm parts and informing the respondent
		SB3020 Enrolled	- 34 -	LRB104 17995 RLC 31432 b
1        that the respondent may seek the return of the
2        respondent's items at the end of the order of
3        protection. The law enforcement agency may enter
4        arrangements, as needed, with federally licensed
5        firearm dealers or other law enforcement agencies for
6        the storage of any firearms seized or surrendered
7        under this subsection.
8            (ii) It is the respondent's responsibility to
9        request the return or reinstatement of any Firearm
10        Owner's Identification Card or Concealed Carry License
11        and to notify the Illinois State Police Firearm
12        Owner's Identification Card Office at the end of the
13        Order of Protection.
14            (iii) At the end of the order of protection, a
15        respondent may request the return of any seized or
16        surrendered firearms or firearm parts that could be
17        assembled to make an operable firearm. Seized or
18        surrendered firearms or firearm parts shall be
19        returned within 14 days of the request to the
20        respondent, if the respondent is lawfully eligible to
21        possess firearms, or to a designated third party who
22        is lawfully eligible to possess firearms. If the
23        firearms or firearm parts cannot be returned to
24        respondent because (1) the respondent has not
25        requested the return or transfer of the firearms or
26        firearm parts as set forth in this subparagraph and
		SB3020 Enrolled	- 35 -	LRB104 17995 RLC 31432 b
1        (2) the respondent cannot be located or fails to
2        respond to more than 3 requests to retrieve the
3        firearms, upon petition from the appropriate law
4        enforcement agency and notice to the respondent at the
5        respondent's last known address, the court may order
6        the law enforcement agency to destroy the firearms or
7        firearm parts; use the firearms or firearm parts for
8        training purposes, or for any other application as
9        deemed appropriate by the law enforcement agency; or
10        turn over the firearms or firearm parts to a third
11        party who is lawfully eligible to possess firearms,
12        and who does not reside with respondent.
13            (E)(i) If a person other than the respondent
14        claims title to any firearms or firearm parts that
15        could be assembled to make an operable firearm seized
16        or surrendered under this subsection, the person may
17        petition the court to have the firearm and firearm
18        parts that could be assembled to make an operable
19        firearm returned to him or her with proper notice to
20        the petitioner and respondent. If, at a hearing on the
21        petition, the court determines the person to be the
22        lawful owner of the firearm and firearm parts that
23        could be assembled to make an operable firearm, the
24        firearm and firearm parts that could be assembled to
25        make an operable firearm shall be returned to the
26        person, provided that:
		SB3020 Enrolled	- 36 -	LRB104 17995 RLC 31432 b
1                (aa) the firearm and firearm parts that could
2            be assembled to make an operable firearm are
3            removed from the respondent's custody, control, or
4            possession, and the lawful owner agrees to store
5            the firearm and firearm parts that could be
6            assembled to make an operable firearm in a manner
7            such that the respondent does not have access to
8            or control of the firearm and firearm parts that
9            could be assembled to make an operable firearm;
10            and
11                (bb) the firearm and firearm parts that could
12            be assembled to make an operable firearm are not
13            otherwise unlawfully possessed by the owner.
14            (ii) The person petitioning for the return of his
15        or her firearm and firearm parts that could be
16        assembled to make an operable firearm must swear or
17        affirm by affidavit that he or she:
18                (aa) is the lawful owner of the firearm and
19            firearm parts that could be assembled to make an
20            operable firearm;
21                (bb) shall not transfer the firearm and
22            firearm parts that could be assembled to make an
23            operable firearm to the respondent; and
24                (cc) will store the firearm and firearm parts
25            that could be assembled to make an operable
26            firearm in a manner that the respondent does not
		SB3020 Enrolled	- 37 -	LRB104 17995 RLC 31432 b
1            have access to or control of the firearm and
2            firearm parts that could be assembled to make an
3            operable firearm.
4            (F)(i) The respondent may file a motion to
5        transfer, at the next scheduled hearing, any seized or
6        surrendered firearms or firearm parts to a third
7        party. Notice of the motion shall be provided to the
8        petitioner and the third party must appear at the
9        hearing.
10            (ii) The court may order transfer of the seized or
11        surrendered firearm or firearm parts only if:
12                (aa) the third party transferee affirms by
13            affidavit to the open court that:
14                    (I) the third party transferee does not
15                reside with the respondent;
16                    (II) the respondent does not have access
17                to the location in which the third party
18                transferee intends to keep the firearms or
19                firearm parts;
20                    (III) the third party transferee will not
21                transfer the firearm or firearm parts to the
22                respondent or anyone who resides with the
23                respondent;
24                    (IV) the third party transferee will
25                maintain control and possession of the firearm
26                or firearm parts until otherwise ordered by
		SB3020 Enrolled	- 38 -	LRB104 17995 RLC 31432 b
1                the court; and
2                    (V) the third party transferee will be
3                subject to criminal penalties for transferring
4                the firearms or firearm parts to the
5                respondent; and
6                (bb) the court finds that:
7                    (I) the respondent holds a valid Firearm
8                Owner's Identification; and
9                    (II) the transfer of firearms or firearm
10                parts to the third party transferee does not
11                place the petitioner or any other protected
12                parties at any additional threat or risk of
13                harm.
14        (15) Prohibition of access to records. If a domestic
15    violence order of protection prohibits respondent from
16    having contact with the minor child, or if petitioner's
17    address is omitted under subsection (b) of Section 112A-5
18    of this Code, or if necessary to prevent abuse or wrongful
19    removal or concealment of a minor child, the order shall
20    deny respondent access to, and prohibit respondent from
21    inspecting, obtaining, or attempting to inspect or obtain,
22    school or any other records of the minor child who is in
23    the care of petitioner.
24        (16) Order for payment of shelter services. Order
25    respondent to reimburse a shelter providing temporary
26    housing and counseling services to the petitioner for the
		SB3020 Enrolled	- 39 -	LRB104 17995 RLC 31432 b
1    cost of the services, as certified by the shelter and
2    deemed reasonable by the court.
3        (17) Order for injunctive relief. Enter injunctive
4    relief necessary or appropriate to prevent further abuse
5    of a family or household member or to effectuate one of the
6    granted remedies, if supported by the balance of
7    hardships. If the harm to be prevented by the injunction
8    is abuse or any other harm that one of the remedies listed
9    in paragraphs (1) through (16) of this subsection is
10    designed to prevent, no further evidence is necessary to
11    establish that the harm is an irreparable injury.
12        (18) Telephone services.
13            (A) Unless a condition described in subparagraph
14        (B) of this paragraph exists, the court may, upon
15        request by the petitioner, order a wireless telephone
16        service provider to transfer to the petitioner the
17        right to continue to use a telephone number or numbers
18        indicated by the petitioner and the financial
19        responsibility associated with the number or numbers,
20        as set forth in subparagraph (C) of this paragraph. In
21        this paragraph (18), the term "wireless telephone
22        service provider" means a provider of commercial
23        mobile service as defined in 47 U.S.C. 332. The
24        petitioner may request the transfer of each telephone
25        number that the petitioner, or a minor child in his or
26        her custody, uses. The clerk of the court shall serve
		SB3020 Enrolled	- 40 -	LRB104 17995 RLC 31432 b
1        the order on the wireless telephone service provider's
2        agent for service of process provided to the Illinois
3        Commerce Commission. The order shall contain all of
4        the following:
5                (i) The name and billing telephone number of
6            the account holder including the name of the
7            wireless telephone service provider that serves
8            the account.
9                (ii) Each telephone number that will be
10            transferred.
11                (iii) A statement that the provider transfers
12            to the petitioner all financial responsibility for
13            and right to the use of any telephone number
14            transferred under this paragraph.
15            (B) A wireless telephone service provider shall
16        terminate the respondent's use of, and shall transfer
17        to the petitioner use of, the telephone number or
18        numbers indicated in subparagraph (A) of this
19        paragraph unless it notifies the petitioner, within 72
20        hours after it receives the order, that one of the
21        following applies:
22                (i) The account holder named in the order has
23            terminated the account.
24                (ii) A difference in network technology would
25            prevent or impair the functionality of a device on
26            a network if the transfer occurs.
		SB3020 Enrolled	- 41 -	LRB104 17995 RLC 31432 b
1                (iii) The transfer would cause a geographic or
2            other limitation on network or service provision
3            to the petitioner.
4                (iv) Another technological or operational
5            issue would prevent or impair the use of the
6            telephone number if the transfer occurs.
7            (C) The petitioner assumes all financial
8        responsibility for and right to the use of any
9        telephone number transferred under this paragraph. In
10        this paragraph, "financial responsibility" includes
11        monthly service costs and costs associated with any
12        mobile device associated with the number.
13            (D) A wireless telephone service provider may
14        apply to the petitioner its routine and customary
15        requirements for establishing an account or
16        transferring a number, including requiring the
17        petitioner to provide proof of identification,
18        financial information, and customer preferences.
19            (E) Except for willful or wanton misconduct, a
20        wireless telephone service provider is immune from
21        civil liability for its actions taken in compliance
22        with a court order issued under this paragraph.
23            (F) All wireless service providers that provide
24        services to residential customers shall provide to the
25        Illinois Commerce Commission the name and address of
26        an agent for service of orders entered under this
		SB3020 Enrolled	- 42 -	LRB104 17995 RLC 31432 b
1        paragraph (18). Any change in status of the registered
2        agent must be reported to the Illinois Commerce
3        Commission within 30 days of such change.
4            (G) The Illinois Commerce Commission shall
5        maintain the list of registered agents for service for
6        each wireless telephone service provider on the
7        Commission's website. The Commission may consult with
8        wireless telephone service providers and the Circuit
9        Court Clerks on the manner in which this information
10        is provided and displayed.
11        (19) Removal of harassing materials, tracking or 
12    monitoring. Order the respondent to remove or delete and 
13    take reasonable steps to remove or delete the harassing 
14    statements or materials or delete the tracking and 
15    monitoring information collected by the respondent and 
16    produce sufficient evidence that such compliance has 
17    occurred.
18    (c) Relevant factors; findings.
19        (1) In determining whether to grant a specific remedy,
20    other than payment of support, the court shall consider
21    relevant factors, including, but not limited to, the
22    following:
23            (i) the nature, frequency, severity, pattern, and
24        consequences of the respondent's past abuse of the
25        petitioner or any family or household member,
26        including the concealment of his or her location in
		SB3020 Enrolled	- 43 -	LRB104 17995 RLC 31432 b
1        order to evade service of process or notice, and the
2        likelihood of danger of future abuse to petitioner or
3        any member of petitioner's or respondent's family or
4        household; and
5            (ii) the danger that any minor child will be
6        abused or neglected or improperly relocated from the
7        jurisdiction, improperly concealed within the State,
8        or improperly separated from the child's primary
9        caretaker.
10        (2) In comparing relative hardships resulting to the
11    parties from loss of possession of the family home, the
12    court shall consider relevant factors, including, but not
13    limited to, the following:
14            (i) availability, accessibility, cost, safety,
15        adequacy, location, and other characteristics of
16        alternate housing for each party and any minor child
17        or dependent adult in the party's care;
18            (ii) the effect on the party's employment; and
19            (iii) the effect on the relationship of the party,
20        and any minor child or dependent adult in the party's
21        care, to family, school, church, and community.
22        (3) Subject to the exceptions set forth in paragraph
23    (4) of this subsection (c), the court shall make its
24    findings in an official record or in writing, and shall at
25    a minimum set forth the following:
26            (i) That the court has considered the applicable
		SB3020 Enrolled	- 44 -	LRB104 17995 RLC 31432 b
1        relevant factors described in paragraphs (1) and (2)
2        of this subsection (c).
3            (ii) Whether the conduct or actions of respondent,
4        unless prohibited, will likely cause irreparable harm
5        or continued abuse.
6            (iii) Whether it is necessary to grant the
7        requested relief in order to protect petitioner or
8        other alleged abused persons.
9        (4) (Blank).
10        (5) Never married parties. No rights or
11    responsibilities for a minor child born outside of
12    marriage attach to a putative father until a father and
13    child relationship has been established under the Illinois
14    Parentage Act of 1984, the Illinois Parentage Act of 2015,
15    the Illinois Public Aid Code, Section 12 of the Vital
16    Records Act, the Juvenile Court Act of 1987, the Probate
17    Act of 1975, the Uniform Interstate Family Support Act,
18    the Expedited Child Support Act of 1990, any judicial,
19    administrative, or other act of another state or
20    territory, any other statute of this State, or by any
21    foreign nation establishing the father and child
22    relationship, any other proceeding substantially in
23    conformity with the federal Personal Responsibility and
24    Work Opportunity Reconciliation Act of 1996, or when both
25    parties appeared in open court or at an administrative
26    hearing acknowledging under oath or admitting by
		SB3020 Enrolled	- 45 -	LRB104 17995 RLC 31432 b
1    affirmation the existence of a father and child
2    relationship. Absent such an adjudication, no putative
3    father shall be granted temporary allocation of parental
4    responsibilities, including parenting time with the minor
5    child, or physical care and possession of the minor child,
6    nor shall an order of payment for support of the minor
7    child be entered.
8    (d) Balance of hardships; findings. If the court finds
9that the balance of hardships does not support the granting of
10a remedy governed by paragraph (2), (3), (10), (11), or (16) of
11subsection (b) of this Section, which may require such
12balancing, the court's findings shall so indicate and shall
13include a finding as to whether granting the remedy will
14result in hardship to respondent that would substantially
15outweigh the hardship to petitioner from denial of the remedy.
16The findings shall be an official record or in writing.
17    (e) Denial of remedies. Denial of any remedy shall not be
18based, in whole or in part, on evidence that:
19        (1) respondent has cause for any use of force, unless
20    that cause satisfies the standards for justifiable use of
21    force provided by Article 7 of the Criminal Code of 2012;
22        (2) respondent was voluntarily intoxicated;
23        (3) petitioner acted in self-defense or defense of
24    another, provided that, if petitioner utilized force, such
25    force was justifiable under Article 7 of the Criminal Code
26    of 2012;
		SB3020 Enrolled	- 46 -	LRB104 17995 RLC 31432 b
1        (4) petitioner did not act in self-defense or defense
2    of another;
3        (5) petitioner left the residence or household to
4    avoid further abuse by respondent;
5        (6) petitioner did not leave the residence or
6    household to avoid further abuse by respondent; or
7        (7) conduct by any family or household member excused
8    the abuse by respondent, unless that same conduct would
9    have excused such abuse if the parties had not been family
10    or household members.
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12102-813, eff. 5-13-22; 103-1065, eff. 5-11-25.)
13    Section 10. The Illinois Domestic Violence Act of 1986 is
14amended by changing Sections 103, 201, 212, 214, and 220 as
15follows:
16    (750 ILCS 60/103)  (from Ch. 40, par. 2311-3)
17    Sec. 103. Definitions. For the purposes of this Act, the
18following terms shall have the following meanings:
19    (1) "Abuse" means physical abuse, harassment, intimidation
20of a dependent, interference with personal liberty or willful
21deprivation but does not include reasonable direction of a
22minor child by a parent or person in loco parentis.
23    (2) "Adult with disabilities" means an elder adult with
24disabilities or a high-risk adult with disabilities. A person
		SB3020 Enrolled	- 47 -	LRB104 17995 RLC 31432 b
1may be an adult with disabilities for purposes of this Act even
2though he or she has never been adjudicated an incompetent
3adult. However, no court proceeding may be initiated or
4continued on behalf of an adult with disabilities over that
5adult's objection, unless such proceeding is approved by his
6or her legal guardian, if any.
7    (3) "Domestic violence" means abuse as defined in
8paragraph (1).
9    (4) "Elder adult with disabilities" means an adult
10prevented by advanced age from taking appropriate action to
11protect himself or herself from abuse by a family or household
12member.
13    (4.5) "Electronic" means relating to technology having 
14electrical, digital, magnetic, wireless, networked, optical, 
15electromagnetic, global positioning system, or similar 
16capabilities.
17    (5) "Exploitation" means the illegal, including tortious,
18use of a high-risk adult with disabilities or of the assets or
19resources of a high-risk adult with disabilities. Exploitation
20includes, but is not limited to, the misappropriation of
21assets or resources of a high-risk adult with disabilities by
22undue influence, by breach of a fiduciary relationship, by
23fraud, deception, or extortion, or the use of such assets or
24resources in a manner contrary to law.
25    (6) "Family or household members" include spouses, former
26spouses, parents, children, stepchildren and other persons
		SB3020 Enrolled	- 48 -	LRB104 17995 RLC 31432 b
1related by blood or by present or prior marriage, persons who
2share or formerly shared a common dwelling, persons who have
3or allegedly have a child in common, persons who share or
4allegedly share a blood relationship through a child, persons
5who have or have had a dating or engagement relationship,
6persons with disabilities and their personal assistants, and
7caregivers as defined in Section 12-4.4a of the Criminal Code
8of 2012. For purposes of this paragraph, neither a casual
9acquaintanceship nor ordinary fraternization between 2
10individuals in business or social contexts shall be deemed to
11constitute a dating relationship. In the case of a high-risk
12adult with disabilities, "family or household members"
13includes any person who has the responsibility for a high-risk
14adult as a result of a family relationship or who has assumed
15responsibility for all or a portion of the care of a high-risk
16adult with disabilities voluntarily, or by express or implied
17contract, or by court order.
18    (7) "Harassment" means knowing conduct which is not
19necessary to accomplish a purpose that is reasonable under the
20circumstances; would cause a reasonable person emotional
21distress; and does cause emotional distress to the petitioner.
22Unless the presumption is rebutted by a preponderance of the
23evidence, the following types of conduct shall be presumed to
24cause emotional distress:
25        (i) creating a disturbance at petitioner's place of
26    employment or school;
		SB3020 Enrolled	- 49 -	LRB104 17995 RLC 31432 b
1        (ii) repeatedly telephoning or electronically 
2    contacting the petitioner's place of employment, home, 
3    mobile phone, or residence or otherwise repeatedly 
4    contacting the petitioner, including through a third 
5    party, by any means [repeatedly telephoning petitioner's ]
6    [place of employment, home or residence];
7        (iii) repeatedly following the petitioner about in a
8    public place [or places];
9        (iv) repeatedly keeping the petitioner under
10    surveillance by remaining present outside his or her home,
11    school, place of employment, vehicle, or other place
12    occupied by the petitioner or by peering in the
13    petitioner's windows;
14        (iv-5) using electronic means to repeatedly track, 
15    monitor, surveil, record, or otherwise acquire information 
16    about the petitioner's location, movement, or travel 
17    patterns, including through third parties;
18        (v) improperly concealing a minor child from the
19    petitioner, repeatedly threatening to improperly remove a
20    minor child of the petitioner's from the jurisdiction or
21    from the physical care of the petitioner, repeatedly
22    threatening to conceal a minor child from the petitioner,
23    or making a single such threat following an actual or
24    attempted improper removal or concealment, unless the
25    respondent was fleeing an incident or pattern of domestic
26    violence; [or]
		SB3020 Enrolled	- 50 -	LRB104 17995 RLC 31432 b
1        (vi) threatening physical force, confinement or
2    restraint on one or more occasions; [.]
3        (vii) non-consensual dissemination or threatening the 
4    non-consensual dissemination of electronically generated 
5    or altered content using the image, voice, or other 
6    characteristic of the petitioner to falsely and 
7    deceptively impersonate the petitioner or the petitioner's 
8    representative;
9        (viii) non-consensual dissemination or threatening the 
10    non-consensual dissemination of private sexual images or 
11    electronically altered sexual images of the petitioner; or
12        (ix) publishing the personally identifiable 
13    information of the petitioner.
14    (8) "High-risk adult with disabilities" means a person
15aged 18 or over whose physical or mental disability impairs
16his or her ability to seek or obtain protection from abuse,
17neglect, or exploitation.
18    (9) "Interference with personal liberty" means committing
19or threatening physical abuse, harassment, intimidation or
20willful deprivation so as to compel another to engage in
21conduct from which she or he has a right to abstain or to
22refrain from conduct in which she or he has a right to engage.
23    (10) "Intimidation of a dependent" means subjecting a
24person who is dependent because of age, health or disability
25to participation in or the witnessing of: physical force
26against another or physical confinement or restraint of
		SB3020 Enrolled	- 51 -	LRB104 17995 RLC 31432 b
1another which constitutes physical abuse as defined in this
2Act, regardless of whether the abused person is a family or
3household member.
4    (11) (A) "Neglect" means the failure to exercise that
5degree of care toward a high-risk adult with disabilities
6which a reasonable person would exercise under the
7circumstances and includes but is not limited to:
8        (i) the failure to take reasonable steps to protect a
9    high-risk adult with disabilities from acts of abuse;
10        (ii) the repeated, careless imposition of unreasonable
11    confinement;
12        (iii) the failure to provide food, shelter, clothing,
13    and personal hygiene to a high-risk adult with
14    disabilities who requires such assistance;
15        (iv) the failure to provide medical and rehabilitative
16    care for the physical and mental health needs of a
17    high-risk adult with disabilities; or
18        (v) the failure to protect a high-risk adult with
19    disabilities from health and safety hazards.
20    (B) Nothing in this subsection (10) shall be construed to
21impose a requirement that assistance be provided to a
22high-risk adult with disabilities over his or her objection in
23the absence of a court order, nor to create any new affirmative
24duty to provide support to a high-risk adult with
25disabilities.
26    (12) "Order of protection" means an emergency order,
		SB3020 Enrolled	- 52 -	LRB104 17995 RLC 31432 b
1interim order or plenary order, granted pursuant to this Act,
2which includes any or all of the remedies authorized by
3Section 214 of this Act.
4    (13) "Petitioner" may mean not only any named petitioner
5for the order of protection and any named victim of abuse on
6whose behalf the petition is brought, but also any other
7person protected by this Act.
8    (14) "Physical abuse" includes sexual abuse and means any
9of the following:
10        (i) knowing or reckless use of physical force,
11    confinement or restraint;
12        (ii) knowing, repeated and unnecessary sleep
13    deprivation; or
14        (iii) knowing or reckless conduct which creates an
15    immediate risk of physical harm.
16    (14.5) "Stay away" means for the respondent to refrain
17from both physical presence and nonphysical contact with the
18petitioner whether direct, indirect (including, but not
19limited to, telephone calls, mail, email, faxes, and written
20notes), or through third parties who may or may not know about
21the order of protection.
22    (15) "Willful deprivation" means wilfully denying a person
23who because of age, health or disability requires medication,
24medical care, shelter, accessible shelter or services, food,
25therapeutic device, or other physical assistance, and thereby
26exposing that person to the risk of physical, mental or
		SB3020 Enrolled	- 53 -	LRB104 17995 RLC 31432 b
1emotional harm, except with regard to medical care or
2treatment when the dependent person has expressed an intent to
3forgo such medical care or treatment. This paragraph does not
4create any new affirmative duty to provide support to
5dependent persons.
6(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
7    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)
8    Sec. 201. Persons protected by this Act.
9    (a) The following persons are protected by this Act:
10        (i) any person abused by a family or household member;
11        (ii) any high-risk adult with disabilities who is
12    abused, neglected, or exploited by a family or household
13    member;
14        (iii) any minor child or dependent adult in the care
15    of such person;
16        (iv) any person residing or employed at a private home
17    or public shelter which is housing an abused family or
18    household member; and
19        (v) any of the following persons if the person is
20    abused by a family or household member of a child:
21            (A) a foster parent of that child if the child has
22        been placed in the foster parent's home by the
23        Department of Children and Family Services or by
24        another state's public child welfare agency;
25            (B) a legally appointed guardian or legally
		SB3020 Enrolled	- 54 -	LRB104 17995 RLC 31432 b
1        appointed custodian of that child;
2            (C) an adoptive parent of that child; or
3            (D) a prospective adoptive parent of that child if
4        the child has been placed in the prospective adoptive
5        parent's home pursuant to the Adoption Act or pursuant
6        to another state's law.
7        For purposes of this paragraph (a)(v), individuals who
8    would have been considered "family or household members"
9    of the child under subsection (6) of Section 103 of this
10    Act before a termination of the parental rights with
11    respect to the child continue to meet the definition of
12    "family or household members" of the child.
13    (b) A petition for an order of protection may be filed
14only:
15        (i) by a person who has been abused by a family or
16    household member or by any person on behalf of a minor
17    child or an adult who has been abused by a family or
18    household member and who, because of age, health,
19    disability, or inaccessibility, cannot file the petition;
20        (ii) by any person on behalf of a high-risk adult with
21    disabilities who has been abused, neglected, or exploited
22    by a family or household member;
23        (iii) by any of the following persons if the person is
24    abused by a family or household member of a child:
25            (A) a foster parent of that child if the child has
26        been placed in the foster parent's home by the
		SB3020 Enrolled	- 55 -	LRB104 17995 RLC 31432 b
1        Department of Children and Family Services or by
2        another state's public child welfare agency;
3            (B) a legally appointed guardian or legally
4        appointed custodian of that child;
5            (C) an adoptive parent of that child;
6            (D) a prospective adoptive parent of that child if
7        the child has been placed in the prospective adoptive
8        parent's home pursuant to the Adoption Act or pursuant
9        to another state's law.
10        For purposes of this paragraph (b)(iii), individuals
11    who would have been considered "family or household
12    members" of the child under subsection (6) of Section 103
13    of this Act before a termination of the parental rights
14    with respect to the child continue to meet the definition
15    of "family or household members" of the child;
16        (iv) by a crime victim who was abused by a family or 
17    household member [an offender] prior to the incarceration of
18    the offender in a penal institution and such offender is
19    incarcerated in a penal institution at the time of the
20    filing of the petition; or
21        (v) by any person who has previously suffered abuse by
22    a family or household member [person] convicted of (1)
23    domestic battery, aggravated domestic battery, aggravated
24    battery, or any other offense that would constitute
25    domestic violence or (2) a violent crime, as defined in
26    Section 3 of the Rights of Crime Victims and Witnesses
		SB3020 Enrolled	- 56 -	LRB104 17995 RLC 31432 b
1    Act, committed against another person.
2    A petition for an order of protection may not be denied
3solely upon the basis that the respondent or petitioner is
4incarcerated in a penal institution at the time of the filing
5of the petition.
6    (c) Any petition properly filed under this Act may seek
7protection for any additional persons protected by this Act.
8(Source: P.A. 104-11, eff. 6-20-25.)
9    (750 ILCS 60/212)  (from Ch. 40, par. 2312-12)
10    Sec. 212. Hearings.
11    (a) A petition for an order of protection shall be treated
12as an expedited proceeding, and no court shall transfer or
13otherwise decline to decide all or part of such petition
14except as otherwise provided herein. Nothing in this Section
15shall prevent the court from reserving issues when
16jurisdiction or notice requirements are not met.
17    (b) Any court or a division thereof which ordinarily does
18not decide matters of child custody and family support may
19decline to decide contested issues of physical care, custody,
20visitation, or family support unless a decision on one or more
21of those contested issues is necessary to avoid the risk of
22abuse, neglect, removal from the State or concealment within
23the State of the child or of separation of the child from the
24primary caretaker. If the court or division thereof has
25declined to decide any or all of these issues, then it shall
		SB3020 Enrolled	- 57 -	LRB104 17995 RLC 31432 b
1transfer all undecided issues to the appropriate court or
2division. In the event of such a transfer, a government
3attorney involved in the criminal prosecution may, but need
4not, continue to offer counsel to the petitioner on
5transferred matters.
6    (c) If the court transfers or otherwise declines to decide
7any issue, judgment on that issue shall be expressly reserved
8and ruling on other issues shall not be delayed or declined.
9    (d) A court [in a county with a population above 250,000]
10shall offer the option of a remote hearing to a petitioner for
11an order of protection. The court shall grant a request for a 
12remote hearing unless good cause is shown for denial [has the ]
13[discretion to grant or deny the request for a remote hearing].
14Each court shall determine the procedure for a remote hearing
15in accordance with Illinois Supreme Court Rule 45. The
16petitioner, applicable witness or witnesses and respondent may
17appear remotely or in person.
18    The court shall issue and publish a court order, standing
19order, or local rule detailing information about the process
20for requesting and participating in a remote court appearance.
21The court order, standing order, or local rule shall be
22published on the court's website and posted on signs
23throughout the courthouse, including in the clerk's office.
24The sign shall be written in plain language and include
25information about the availability of remote court appearances
26and the process for requesting a remote hearing.
		SB3020 Enrolled	- 58 -	LRB104 17995 RLC 31432 b
1(Source: P.A. 102-853, eff. 1-1-23; 103-154, eff. 6-30-23.)
2    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
3    Sec. 214. Order of protection; remedies.
4    (a) Issuance of order. If the court finds that petitioner
5has been abused by a family or household member or that
6petitioner is a high-risk adult who has been abused,
7neglected, or exploited, as defined in this Act, an order of
8protection prohibiting the abuse, neglect, or exploitation
9shall issue; provided that petitioner must also satisfy the
10requirements of one of the following Sections, as appropriate:
11Section 217 on emergency orders, Section 218 on interim
12orders, or Section 219 on plenary orders. Petitioner shall not
13be denied an order of protection because petitioner or
14respondent is a minor. The court, when determining whether or
15not to issue an order of protection, shall not require
16physical manifestations of abuse on the person of the victim.
17Modification and extension of prior orders of protection shall
18be in accordance with this Act.
19    (b) Remedies and standards. The remedies to be included in
20an order of protection shall be determined in accordance with
21this Section and one of the following Sections, as
22appropriate: Section 217 on emergency orders, Section 218 on
23interim orders, and Section 219 on plenary orders. The
24remedies listed in this subsection shall be in addition to
25other civil or criminal remedies available to petitioner.
		SB3020 Enrolled	- 59 -	LRB104 17995 RLC 31432 b
1        (1) Prohibition of abuse, neglect, or exploitation.
2    Prohibit respondent's harassment, interference with
3    personal liberty, intimidation of a dependent, physical
4    abuse, or willful deprivation, neglect or exploitation, as
5    defined in this Act, or stalking of the petitioner, as
6    defined in Section 12-7.3 of the Criminal Code of 2012, if
7    such abuse, neglect, exploitation, or stalking has
8    occurred or otherwise appears likely to occur if not
9    prohibited.
10        (2) Grant of exclusive possession of residence.
11    Prohibit respondent from entering or remaining in any
12    residence, household, or premises of the petitioner,
13    including one owned or leased by respondent, if petitioner
14    has a right to occupancy thereof. The grant of exclusive
15    possession of the residence, household, or premises shall
16    not affect title to real property, nor shall the court be
17    limited by the standard set forth in subsection (c-2) of
18    Section 501 of the Illinois Marriage and Dissolution of
19    Marriage Act.
20            (A) Right to occupancy. A party has a right to
21        occupancy of a residence or household if it is solely
22        or jointly owned or leased by that party, that party's
23        spouse, a person with a legal duty to support that
24        party or a minor child in that party's care, or by any
25        person or entity other than the opposing party that
26        authorizes that party's occupancy (e.g., a domestic
		SB3020 Enrolled	- 60 -	LRB104 17995 RLC 31432 b
1        violence shelter). Standards set forth in subparagraph
2        (B) shall not preclude equitable relief.
3            (B) Presumption of hardships. If petitioner and
4        respondent each has the right to occupancy of a
5        residence or household, the court shall balance (i)
6        the hardships to respondent and any minor child or
7        dependent adult in respondent's care resulting from
8        entry of this remedy with (ii) the hardships to
9        petitioner and any minor child or dependent adult in
10        petitioner's care resulting from continued exposure to
11        the risk of abuse (should petitioner remain at the
12        residence or household) or from loss of possession of
13        the residence or household (should petitioner leave to
14        avoid the risk of abuse). When determining the balance
15        of hardships, the court shall also take into account
16        the accessibility of the residence or household.
17        Hardships need not be balanced if respondent does not
18        have a right to occupancy.
19            The balance of hardships is presumed to favor
20        possession by petitioner unless the presumption is
21        rebutted by a preponderance of the evidence, showing
22        that the hardships to respondent substantially
23        outweigh the hardships to petitioner and any minor
24        child or dependent adult in petitioner's care. The
25        court, on the request of petitioner or on its own
26        motion, may order respondent to provide suitable,
		SB3020 Enrolled	- 61 -	LRB104 17995 RLC 31432 b
1        accessible, alternate housing for petitioner instead
2        of excluding respondent from a mutual residence or
3        household.
4        (3) Stay away order and additional prohibitions. Order
5    respondent to stay away from petitioner or any other
6    person protected by the order of protection, or prohibit
7    respondent from entering or remaining present at
8    petitioner's school, place of employment, or other
9    specified places at times when petitioner is present, or
10    both, if reasonable, given the balance of hardships.
11    Hardships need not be balanced for the court to enter a
12    stay away order or prohibit entry if respondent has no
13    right to enter the premises.
14            (A) If an order of protection grants petitioner
15        exclusive possession of the residence, or prohibits
16        respondent from entering the residence, or orders
17        respondent to stay away from petitioner or other
18        protected persons, then the court may allow respondent
19        access to the residence to remove items of clothing
20        and personal adornment used exclusively by respondent,
21        medications, and other items as the court directs. The
22        right to access shall be exercised on only one
23        occasion as the court directs and in the presence of an
24        agreed-upon adult third party or law enforcement
25        officer.
26            (B) When the petitioner and the respondent attend
		SB3020 Enrolled	- 62 -	LRB104 17995 RLC 31432 b
1        the same public, private, or non-public elementary,
2        middle, or high school, the court when issuing an
3        order of protection and providing relief shall
4        consider the severity of the act, any continuing
5        physical danger or emotional distress to the
6        petitioner, the educational rights guaranteed to the
7        petitioner and respondent under federal and State law,
8        the availability of a transfer of the respondent to
9        another school, a change of placement or a change of
10        program of the respondent, the expense, difficulty,
11        and educational disruption that would be caused by a
12        transfer of the respondent to another school, and any
13        other relevant facts of the case. The court may order
14        that the respondent not attend the public, private, or
15        non-public elementary, middle, or high school attended
16        by the petitioner, order that the respondent accept a
17        change of placement or change of program, as
18        determined by the school district or private or
19        non-public school, or place restrictions on the
20        respondent's movements within the school attended by
21        the petitioner. The respondent bears the burden of
22        proving by a preponderance of the evidence that a
23        transfer, change of placement, or change of program of
24        the respondent is not available. The respondent also
25        bears the burden of production with respect to the
26        expense, difficulty, and educational disruption that
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1        would be caused by a transfer of the respondent to
2        another school. A transfer, change of placement, or
3        change of program is not unavailable to the respondent
4        solely on the ground that the respondent does not
5        agree with the school district's or private or
6        non-public school's transfer, change of placement, or
7        change of program or solely on the ground that the
8        respondent fails or refuses to consent or otherwise
9        does not take an action required to effectuate a
10        transfer, change of placement, or change of program.
11        When a court orders a respondent to stay away from the
12        public, private, or non-public school attended by the
13        petitioner and the respondent requests a transfer to
14        another attendance center within the respondent's
15        school district or private or non-public school, the
16        school district or private or non-public school shall
17        have sole discretion to determine the attendance
18        center to which the respondent is transferred. In the
19        event the court order results in a transfer of the
20        minor respondent to another attendance center, a
21        change in the respondent's placement, or a change of
22        the respondent's program, the parents, guardian, or
23        legal custodian of the respondent is responsible for
24        transportation and other costs associated with the
25        transfer or change.
26            (C) The court may order the parents, guardian, or
		SB3020 Enrolled	- 64 -	LRB104 17995 RLC 31432 b
1        legal custodian of a minor respondent to take certain
2        actions or to refrain from taking certain actions to
3        ensure that the respondent complies with the order. In
4        the event the court orders a transfer of the
5        respondent to another school, the parents, guardian,
6        or legal custodian of the respondent is responsible
7        for transportation and other costs associated with the
8        change of school by the respondent.
9        (4) Counseling. Require or recommend the respondent to
10    undergo counseling for a specified duration with a social
11    worker, psychologist, clinical psychologist,
12    psychiatrist, family service agency, alcohol or substance
13    abuse program, mental health center guidance counselor,
14    agency providing services to elders, program designed for
15    domestic violence abusers or any other guidance service
16    the court deems appropriate. The Court may order the
17    respondent in any intimate partner relationship to report
18    to an Illinois Department of Human Services protocol
19    approved partner abuse intervention program for an
20    assessment and to follow all recommended treatment.
21        (5) Physical care and possession of the minor child.
22    In order to protect the minor child from abuse, neglect,
23    or unwarranted separation from the person who has been the
24    minor child's primary caretaker, or to otherwise protect
25    the well-being of the minor child, the court may do either
26    or both of the following: (i) grant petitioner physical
		SB3020 Enrolled	- 65 -	LRB104 17995 RLC 31432 b
1    care or possession of the minor child, or both, or (ii)
2    order respondent to return a minor child to, or not remove
3    a minor child from, the physical care of a parent or person
4    in loco parentis.
5        If a court finds, after a hearing, that respondent has
6    committed abuse (as defined in Section 103) of a minor
7    child, there shall be a rebuttable presumption that
8    awarding physical care to respondent would not be in the
9    minor child's best interest.
10        (6) Temporary allocation of parental responsibilities:
11    significant decision-making. Award temporary
12    decision-making responsibility to petitioner in accordance
13    with this Section, the Illinois Marriage and Dissolution
14    of Marriage Act, the Illinois Parentage Act of 2015, and
15    this State's Uniform Child-Custody Jurisdiction and
16    Enforcement Act.
17        If a court finds, after a hearing, that respondent has
18    committed abuse (as defined in Section 103) of a minor
19    child, there shall be a rebuttable presumption that
20    awarding temporary significant decision-making
21    responsibility to respondent would not be in the child's
22    best interest.
23        (7) Parenting time. Determine the parenting time, if
24    any, of respondent in any case in which the court awards
25    physical care or allocates temporary significant
26    decision-making responsibility of a minor child to
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1    petitioner. The court shall restrict or deny respondent's
2    parenting time with a minor child if the court finds that
3    respondent has done or is likely to do any of the
4    following: (i) abuse or endanger the minor child during
5    parenting time; (ii) use the parenting time as an
6    opportunity to abuse or harass petitioner or petitioner's
7    family or household members; (iii) improperly conceal or
8    detain the minor child; or (iv) otherwise act in a manner
9    that is not in the best interests of the minor child. The
10    court shall not be limited by the standards set forth in
11    Section 603.10 of the Illinois Marriage and Dissolution of
12    Marriage Act. If the court grants parenting time, the
13    order shall specify dates and times for the parenting time
14    to take place or other specific parameters or conditions
15    that are appropriate. No order for parenting time shall
16    refer merely to the term "reasonable parenting time".
17        Petitioner may deny respondent access to the minor
18    child if, when respondent arrives for parenting time,
19    respondent is under the influence of drugs or alcohol and
20    constitutes a threat to the safety and well-being of
21    petitioner or petitioner's minor children or is behaving
22    in a violent or abusive manner.
23        If necessary to protect any member of petitioner's
24    family or household from future abuse, respondent shall be
25    prohibited from coming to petitioner's residence to meet
26    the minor child for parenting time, and the parties shall
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1    submit to the court their recommendations for reasonable
2    alternative arrangements for parenting time. A person may
3    be approved to supervise parenting time only after filing
4    an affidavit accepting that responsibility and
5    acknowledging accountability to the court.
6        (8) Removal or concealment of minor child. Prohibit
7    respondent from removing a minor child from the State or
8    concealing the child within the State.
9        (9) Order to appear. Order the respondent to appear in
10    court, alone or with a minor child, to prevent abuse,
11    neglect, removal or concealment of the child, to return
12    the child to the custody or care of the petitioner or to
13    permit any court-ordered interview or examination of the
14    child or the respondent.
15        (10) Possession of personal property. Grant petitioner
16    exclusive possession of personal property and, if
17    respondent has possession or control, direct respondent to
18    promptly make it available to petitioner, if:
19            (i) petitioner, but not respondent, owns the
20        property; or
21            (ii) the parties own the property jointly; sharing
22        it would risk abuse of petitioner by respondent or is
23        impracticable; and the balance of hardships favors
24        temporary possession by petitioner.
25        If petitioner's sole claim to ownership of the
26    property is that it is marital property, the court may
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1    award petitioner temporary possession thereof under the
2    standards of subparagraph (ii) of this paragraph only if a
3    proper proceeding has been filed under the Illinois
4    Marriage and Dissolution of Marriage Act, as now or
5    hereafter amended.
6        No order under this provision shall affect title to
7    property.
8        (11) Protection of property. Forbid the respondent
9    from taking, transferring, encumbering, concealing,
10    damaging or otherwise disposing of any real or personal
11    property, except as explicitly authorized by the court,
12    if:
13            (i) petitioner, but not respondent, owns the
14        property; or
15            (ii) the parties own the property jointly, and the
16        balance of hardships favors granting this remedy.
17        If petitioner's sole claim to ownership of the
18    property is that it is marital property, the court may
19    grant petitioner relief under subparagraph (ii) of this
20    paragraph only if a proper proceeding has been filed under
21    the Illinois Marriage and Dissolution of Marriage Act, as
22    now or hereafter amended.
23        The court may further prohibit respondent from
24    improperly using the financial or other resources of an
25    aged member of the family or household for the profit or
26    advantage of respondent or of any other person.
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1        (11.5) Protection of animals. Grant the petitioner the
2    exclusive care, custody, or control of any animal owned,
3    possessed, leased, kept, or held by either the petitioner
4    or the respondent or a minor child residing in the
5    residence or household of either the petitioner or the
6    respondent and order the respondent to stay away from the
7    animal and forbid the respondent from taking,
8    transferring, encumbering, concealing, harming, or
9    otherwise disposing of the animal.
10        (12) Order for payment of support. Order respondent to
11    pay temporary support for the petitioner or any child in
12    the petitioner's care or over whom the petitioner has been
13    allocated parental responsibility, when the respondent has
14    a legal obligation to support that person, in accordance
15    with the Illinois Marriage and Dissolution of Marriage
16    Act, which shall govern, among other matters, the amount
17    of support, payment through the clerk and withholding of
18    income to secure payment. An order for child support may
19    be granted to a petitioner with lawful physical care of a
20    child, or an order or agreement for physical care of a
21    child, prior to entry of an order allocating significant
22    decision-making responsibility. Such a support order shall
23    expire upon entry of a valid order allocating parental
24    responsibility differently and vacating the petitioner's
25    significant decision-making authority, unless otherwise
26    provided in the order.
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1        (13) Order for payment of losses. Order respondent to
2    pay petitioner for losses suffered as a direct result of
3    the abuse, neglect, or exploitation. Such losses shall
4    include, but not be limited to, medical expenses, lost
5    earnings or other support, repair or replacement of
6    property damaged or taken, reasonable attorney's fees,
7    court costs and moving or other travel expenses, including
8    additional reasonable expenses for temporary shelter and
9    restaurant meals.
10            (i) Losses affecting family needs. If a party is
11        entitled to seek maintenance, child support or
12        property distribution from the other party under the
13        Illinois Marriage and Dissolution of Marriage Act, as
14        now or hereafter amended, the court may order
15        respondent to reimburse petitioner's actual losses, to
16        the extent that such reimbursement would be
17        "appropriate temporary relief", as authorized by
18        subsection (a)(3) of Section 501 of that Act.
19            (ii) Recovery of expenses. In the case of an
20        improper concealment or removal of a minor child, the
21        court may order respondent to pay the reasonable
22        expenses incurred or to be incurred in the search for
23        and recovery of the minor child, including but not
24        limited to legal fees, court costs, private
25        investigator fees, and travel costs.
26        (14) Prohibition of entry. Prohibit the respondent
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1    from entering or remaining in the residence or household
2    while the respondent is under the influence of alcohol or
3    drugs and constitutes a threat to the safety and
4    well-being of the petitioner or the petitioner's children.
5        (14.5) Prohibition of possession of firearms and
6    firearm parts; search and seizure of firearms and firearms
7    parts.
8            (A)(i) Prohibit a respondent against whom an
9        emergency, interim, or plenary order of protection was
10        issued from possessing, during the duration of the
11        order, any firearms or firearm parts that could be
12        assembled into an operable firearm if a search warrant
13        is issued under (A-1) or the order:
14                (aa) was issued after a hearing of which such
15            person received actual notice, and at which such
16            person had an opportunity to participate, or the
17            petitioner has satisfied the requirements of
18            Section 217;
19                (bb) restrains such person from using physical
20            force; harassing, stalking, or threatening an
21            intimate partner of such person or child of such
22            intimate partner or person; or engaging in other
23            conduct that would place an intimate partner in
24            reasonable fear of bodily injury to the partner or
25            child; and
26                (cc) includes a finding that such person
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1            represents a credible threat to the physical
2            safety of such intimate partner or child.
3            (ii) The court shall order any respondent
4        prohibited from possessing firearms under item (i) of
5        subparagraph (A) to surrender any firearms or firearm
6        parts that could be assembled to make an operable
7        firearm. Any firearms or firearm parts on the
8        respondent's person or at the place of service shall
9        be surrendered to the serving officers at the time of
10        service of the order of protection, and any other
11        firearms or firearm parts shall be surrendered to
12        local law enforcement within 24 hours of service of
13        the order of protection. Any Firearm Owner's
14        Identification Card or Concealed Carry License in the
15        possession of the respondent, except as provided in
16        subparagraph (B), shall also be ordered by the court
17        to be turned over to the officer serving the order of
18        protection at the time of service or, if not on the
19        respondent's person or at the location where the
20        respondent is served at the time of service, to local
21        law enforcement within 24 hours of service of the
22        order of protection. The law enforcement agency shall
23        immediately mail the card, as well as any license, to
24        the Illinois State Police Firearm Owner's
25        Identification Card Office for safekeeping.
26            (A-1)(i) Upon issuance of an emergency, interim,
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1        or plenary order of protection and subject to the
2        provisions of item (ii) of this subparagraph (A-1),
3        the court shall issue a search warrant for the seizure
4        of any firearms or firearm parts that could be
5        assembled to make an operable firearm belonging to the
6        respondent if the court, based upon sworn testimony,
7        finds that:
8                (aa) the respondent poses a credible threat to
9            the physical safety of the petitioner protected by
10            the order of protection; and
11                (bb) probable cause exists to believe that:
12                    (I) the respondent possesses firearms or
13                firearm parts that could be assembled to make
14                an operable firearm;
15                    (II) the firearms or firearm parts that
16                could be assembled to make an operable firearm
17                are located at the residence, vehicle, or
18                other property of the respondent to be
19                searched; and
20                    (III) the credible threat to the physical
21                safety of the petitioner protected by the
22                order of protection is immediate and present.
23            The record shall reflect the court's findings in
24        determining whether the search warrant shall be
25        issued.
26            (ii) If the petitioner does not seek a warrant
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1        under this subparagraph (A-1) or the court determines
2        that the requirements of this subparagraph (A-1) have
3        not been met, relief under subparagraph (A) alone may
4        be granted.
5            (iii) An ex parte search warrant shall be granted
6        under this subparagraph (A-1) only if the court finds
7        that:
8                (aa) the elements of item (i) of subparagraph
9            (A-1) have been met;
10                (bb) personal injury to the petitioner is
11            likely to occur if the respondent received prior
12            notice; and
13                (cc) the petitioner has otherwise satisfied
14            the requirements of Section 217 of this Act.
15            (iv) Oral testimony is sufficient in lieu of an
16        affidavit to support a finding of probable cause.
17            (v) A search warrant issued under this
18        subparagraph (A-1) shall be directed by the court for
19        enforcement to the law enforcement agency with primary
20        responsibility for responding to calls for service at
21        the location to be searched or to another appropriate
22        law enforcement agency if justified by the
23        circumstances. The search warrant shall specify with
24        particularity the scope of the search, including the
25        property to be searched, and shall direct the law
26        enforcement agency to seize the respondent's firearms
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1        and firearm parts that could be assembled to make an
2        operable firearm. Law enforcement shall also be
3        directed to seize any Firearm Owner's Identification
4        Card and any Concealed Carry License belonging to the
5        respondent.
6             (vi) The petitioner shall prepare an information
7        sheet, reviewed by the court, for law enforcement at
8        the time the warrant is granted. The information sheet
9        shall include:
10                (aa) contact information for the petitioner,
11            the petitioner's attorney, or both, including a
12            telephone number and email, if available;
13                (bb) a physical description of the respondent,
14            including the respondent's date of birth, if
15            known, or approximate age, height, weight, race,
16            and hair color;
17                (cc) days and times that the respondent is
18            likely to be at the property to be searched, if
19            known; and
20                (dd) whether people other than the respondent
21            are likely to be present at the property to be
22            searched and when, if known.
23            (vii) The information sheet shall be transmitted
24        to the law enforcement agency to which the search
25        warrant is directed in the same manner as the warrant
26        is transmitted under Section 222 of this Act.
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1            (viii) If the court, after determining a search
2        warrant should issue, finds that the petitioner has
3        made a credible report of domestic violence to the
4        local law enforcement agency within the previous 90
5        days, law enforcement shall execute the warrant no
6        later than 96 hours after receipt of the warrant. If
7        the court finds that petitioner has not made such a
8        report, the law enforcement agency to which the court
9        has directed the warrant shall, within 48 hours of
10        receipt, evaluate the warrant and seek any corrections
11        to the warrant, and, if applicable, add to or negate
12        the warrant. The record shall reflect the court's
13        findings in determining whether to correct, add, or
14        negate the warrant. If a change is made regarding the
15        search warrant, law enforcement shall execute the
16        warrant no later than 96 hours after the correction is
17        issued. The law enforcement agency shall notify the
18        petitioner of any changes to the warrant or if the
19        warrant has been negated. The law enforcement agency
20        to which the court has directed the warrant may
21        coordinate with other law enforcement agencies to
22        execute the warrant. A return of the warrant shall be
23        filed by the law enforcement agency within 24 hours of
24        execution, setting forth the time, date, and location
25        where the warrant was executed and what items, if any,
26        were seized. If the court is not in session, the return
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1        information shall be returned on the next date the
2        court is in session. Subject to the provisions of this
3        Section, peace officers shall have the same authority
4        to execute a warrant issued pursuant to this
5        subsection as a warrant issued under Article 108 of
6        the Code of Criminal Procedure of 1963.
7            (ix) Upon discovering a defect in the search
8        warrant, the appropriate law enforcement agency may
9        petition the court to correct the warrant. The law
10        enforcement agency shall notify the petitioner of any
11        such correction.
12            (x) Upon petition by the appropriate law
13        enforcement agency, the court may modify the search
14        warrant or extend the time to execute the search
15        warrant for a period of no more than 96 hours. In
16        determining whether to modify or extend the warrant,
17        the court shall consider:
18                (aa) any increased risk to the petitioner's
19            safety that may result from a modification or
20            extension of the warrant;
21                (bb) any unnecessary risk to law enforcement
22            that would be mitigated by a modification or
23            extension of the warrant;
24                (cc) any risks to third parties at the
25            location to be searched that would be mitigated by
26            a modification or extension of the warrant; and
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1                (dd) the likelihood of successful execution of
2            warrant.
3            The record shall reflect the court's findings in
4        determining whether to extend or modify the warrant.
5        The law enforcement agency shall notify the petitioner
6        of any modification or extension of the warrant.
7            (xi) Service of any order of protection shall, to
8        the extent possible, be concurrent with the execution
9        of any search warrant under this paragraph.
10            (B) If the respondent is a peace officer as
11        defined in Section 2-13 of the Criminal Code of 2012,
12        the court shall order that any firearms used by the
13        respondent in the performance of his or her duties as a
14        peace officer be surrendered to the chief law
15        enforcement executive of the agency in which the
16        respondent is employed, who shall retain the firearms
17        for safekeeping for the duration of the order of
18        protection.
19            (C)(i) Any firearms or firearm parts that could be
20        assembled to make an operable firearm shall be kept by
21        the law enforcement agency that took possession of the
22        items for safekeeping, except as provided in
23        subparagraph (B). The period of safekeeping shall be
24        for the duration of the order of protection. Except as
25        provided in subparagraph (E), the respondent is
26        prohibited from transferring firearms or firearm parts
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1        to another individual in lieu of surrender to law
2        enforcement. The law enforcement agency shall provide
3        an itemized statement of receipt to the respondent and
4        the court describing any seized or surrendered
5        firearms or firearm parts and informing the respondent
6        that the respondent may seek the return of the
7        respondent's items at the end of the order of
8        protection. The law enforcement agency may enter
9        arrangements, as needed, with federally licensed
10        firearm dealers or other law enforcement agencies for
11        the storage of any firearms seized or surrendered
12        under this subsection.
13            (ii) It is the respondent's responsibility to
14        request the return or reinstatement of any Firearm
15        Owner's Identification Card or Concealed Carry License
16        and notify the Illinois State Police Firearm Owner's
17        Identification Card Office at the end of the Order of
18        Protection.
19            (iii) At the end of the order of protection, a
20        respondent may request the return of any seized or
21        surrendered firearms or firearm parts that could be
22        assembled to make an operable firearm. Such firearms
23        or firearm parts shall be returned within 14 days of
24        the request to the respondent, if the respondent is
25        lawfully eligible to possess firearms, or to a
26        designated third party who is lawfully eligible to
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1        possess firearms. If the firearms or firearm parts
2        cannot be returned to respondent because (1) the
3        respondent has not requested the return or transfer of
4        the firearms or firearm parts as set forth in this
5        subparagraph, and (2) the respondent cannot be located
6        or fails to respond to more than 3 requests to retrieve
7        the firearms or firearm parts the court may, or is not
8        lawfully eligible to possess a firearm, upon petition
9        from the appropriate law enforcement agency and notice
10        to the respondent at the respondent's last known
11        address, order the law enforcement agency to destroy
12        the firearms or firearm parts; use the firearms or
13        firearm parts for training purposes or for any other
14        application as deemed appropriate by the law
15        enforcement agency; or turn over the firearm or
16        firearm parts to a third party who is lawfully
17        eligible to possess firearms, and who does not reside
18        with respondent.
19            (D)(i) If a person other than the respondent
20        claims title to any firearms and firearm parts that
21        could be assembled to make an operable firearm seized
22        or surrendered under this subsection, the person may
23        petition the court to have the firearm and firearm
24        parts that could be assembled to make an operable
25        firearm returned to him or her with proper notice to
26        the petitioner and respondent. If, at a hearing on the
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1        petition, the court determines the person to be the
2        lawful owner of the firearm and firearm parts that
3        could be assembled to make an operable firearm, the
4        firearm and firearm parts that could be assembled to
5        make an operable firearm shall be returned to the
6        person, provided that:
7                (aa) the firearm and firearm parts that could
8            be assembled to make an operable firearm are
9            removed from the respondent's custody, control, or
10            possession and the lawful owner agrees to store
11            the firearm and firearm parts that could be
12            assembled to make an operable firearm in a manner
13            such that the respondent does not have access to
14            or control of the firearm and firearm parts that
15            could be assembled to make an operable firearm;
16            and
17                 (bb) the firearm and firearm parts that could
18            be assembled to make an operable firearm are not
19            otherwise unlawfully possessed by the owner.
20            (ii) The person petitioning for the return of his
21        or her firearm and firearm parts that could be
22        assembled to make an operable firearm must swear or
23        affirm by affidavit that he or she:
24                (aa) is the lawful owner of the firearm and
25            firearm parts that could be assembled to make an
26            operable firearm;
		SB3020 Enrolled	- 82 -	LRB104 17995 RLC 31432 b
1                (bb) shall not transfer the firearm and
2            firearm parts that could be assembled to make an
3            operable firearm to the respondent; and
4                (cc) will store the firearm and firearm parts
5            that could be assembled to make an operable
6            firearm in a manner that the respondent does not
7            have access to or control of the firearm and
8            firearm parts that could be assembled to make an
9            operable firearm.
10            (E)(i) The respondent may file a motion to
11        transfer, at the next scheduled hearing, any seized or
12        surrendered firearms or firearm parts to a third
13        party. Notice of the motion shall be provided to the
14        petitioner and the third party must appear at the
15        hearing.
16            (ii) The court may order transfer of the seized or
17        surrendered firearm or firearm parts only if:
18                (aa) the third party transferee affirms by
19            affidavit to the open court that:
20                    (I) the third party transferee does not
21                reside with the respondent;
22                    (II) the respondent does not have access
23                to the location in which the third party
24                transferee intends to keep the firearms or
25                firearm parts;
26                    (III) the third party transferee will not
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1                transfer the firearm or firearm parts to the
2                respondent or anyone who resides with the
3                respondent;
4                    (IV) the third party transferee will
5                maintain control and possession of the firearm
6                or firearm parts until otherwise ordered by
7                the court; and
8                    (V) the third party transferee will be
9                subject to criminal penalties for transferring
10                the firearms or firearm parts to the
11                respondent; and
12                (bb) the court finds that:
13                    (I) the respondent holds a valid Firearm
14                Owner's Identification; and
15                    (II) the transfer of firearms or firearm
16                parts to the third party transferee does not
17                place the petitioner or any other protected
18                parties at any additional threat or risk of
19                harm.
20        (15) Prohibition of access to records. If an order of
21    protection prohibits respondent from having contact with
22    the minor child, or if petitioner's address is omitted
23    under subsection (b) of Section 203, or if necessary to
24    prevent abuse or wrongful removal or concealment of a
25    minor child, the order shall deny respondent access to,
26    and prohibit respondent from inspecting, obtaining, or
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1    attempting to inspect or obtain, school or any other
2    records of the minor child who is in the care of
3    petitioner.
4        (16) Order for payment of shelter services. Order
5    respondent to reimburse a shelter providing temporary
6    housing and counseling services to the petitioner for the
7    cost of the services, as certified by the shelter and
8    deemed reasonable by the court.
9        (17) Order for injunctive relief. Enter injunctive
10    relief necessary or appropriate to prevent further abuse
11    of a family or household member or further abuse, neglect,
12    or exploitation of a high-risk adult with disabilities or
13    to effectuate one of the granted remedies, if supported by
14    the balance of hardships. If the harm to be prevented by
15    the injunction is abuse or any other harm that one of the
16    remedies listed in paragraphs (1) through (16) of this
17    subsection is designed to prevent, no further evidence is
18    necessary that the harm is an irreparable injury.
19        (18) Telephone services.
20            (A) Unless a condition described in subparagraph
21        (B) of this paragraph exists, the court may, upon
22        request by the petitioner, order a wireless telephone
23        service provider to transfer to the petitioner the
24        right to continue to use a telephone number or numbers
25        indicated by the petitioner and the financial
26        responsibility associated with the number or numbers,
		SB3020 Enrolled	- 85 -	LRB104 17995 RLC 31432 b
1        as set forth in subparagraph (C) of this paragraph.
2        For purposes of this paragraph (18), the term
3        "wireless telephone service provider" means a provider
4        of commercial mobile service as defined in 47 U.S.C.
5        332. The petitioner may request the transfer of each
6        telephone number that the petitioner, or a minor child
7        in his or her custody, uses. The clerk of the court
8        shall serve the order on the wireless telephone
9        service provider's agent for service of process
10        provided to the Illinois Commerce Commission. The
11        order shall contain all of the following:
12                (i) The name and billing telephone number of
13            the account holder including the name of the
14            wireless telephone service provider that serves
15            the account.
16                (ii) Each telephone number that will be
17            transferred.
18                (iii) A statement that the provider transfers
19            to the petitioner all financial responsibility for
20            and right to the use of any telephone number
21            transferred under this paragraph.
22            (B) A wireless telephone service provider shall
23        terminate the respondent's use of, and shall transfer
24        to the petitioner use of, the telephone number or
25        numbers indicated in subparagraph (A) of this
26        paragraph unless it notifies the petitioner, within 72
		SB3020 Enrolled	- 86 -	LRB104 17995 RLC 31432 b
1        hours after it receives the order, that one of the
2        following applies:
3                (i) The account holder named in the order has
4            terminated the account.
5                (ii) A difference in network technology would
6            prevent or impair the functionality of a device on
7            a network if the transfer occurs.
8                (iii) The transfer would cause a geographic or
9            other limitation on network or service provision
10            to the petitioner.
11                (iv) Another technological or operational
12            issue would prevent or impair the use of the
13            telephone number if the transfer occurs.
14            (C) The petitioner assumes all financial
15        responsibility for and right to the use of any
16        telephone number transferred under this paragraph. In
17        this paragraph, "financial responsibility" includes
18        monthly service costs and costs associated with any
19        mobile device associated with the number.
20            (D) A wireless telephone service provider may
21        apply to the petitioner its routine and customary
22        requirements for establishing an account or
23        transferring a number, including requiring the
24        petitioner to provide proof of identification,
25        financial information, and customer preferences.
26            (E) Except for willful or wanton misconduct, a
		SB3020 Enrolled	- 87 -	LRB104 17995 RLC 31432 b
1        wireless telephone service provider is immune from
2        civil liability for its actions taken in compliance
3        with a court order issued under this paragraph.
4            (F) All wireless service providers that provide
5        services to residential customers shall provide to the
6        Illinois Commerce Commission the name and address of
7        an agent for service of orders entered under this
8        paragraph (18). Any change in status of the registered
9        agent must be reported to the Illinois Commerce
10        Commission within 30 days of such change.
11            (G) The Illinois Commerce Commission shall
12        maintain the list of registered agents for service for
13        each wireless telephone service provider on the
14        Commission's website. The Commission may consult with
15        wireless telephone service providers and the Circuit
16        Court Clerks on the manner in which this information
17        is provided and displayed.
18        (19) Removal of harassing materials, tracking, or 
19    monitoring. Order respondent to remove or delete and take 
20    reasonable steps to remove or delete the harassing 
21    statements or materials or delete the tracking and 
22    monitoring information collected by the respondent and 
23    produce sufficient evidence that such compliance has 
24    occurred.
25    (c) Relevant factors; findings.
26        (1) In determining whether to grant a specific remedy,
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1    other than payment of support, the court shall consider
2    relevant factors, including but not limited to the
3    following:
4            (i) the nature, frequency, severity, pattern and
5        consequences of the respondent's past abuse, neglect
6        or exploitation of the petitioner or any family or
7        household member, including the concealment of his or
8        her location in order to evade service of process or
9        notice, and the likelihood of danger of future abuse,
10        neglect, or exploitation to petitioner or any member
11        of petitioner's or respondent's family or household;
12        and
13            (ii) the danger that any minor child will be
14        abused or neglected or improperly relocated from the
15        jurisdiction, improperly concealed within the State or
16        improperly separated from the child's primary
17        caretaker.
18        (2) In comparing relative hardships resulting to the
19    parties from loss of possession of the family home, the
20    court shall consider relevant factors, including but not
21    limited to the following:
22            (i) availability, accessibility, cost, safety,
23        adequacy, location and other characteristics of
24        alternate housing for each party and any minor child
25        or dependent adult in the party's care;
26            (ii) the effect on the party's employment; and
		SB3020 Enrolled	- 89 -	LRB104 17995 RLC 31432 b
1            (iii) the effect on the relationship of the party,
2        and any minor child or dependent adult in the party's
3        care, to family, school, church and community.
4        (3) Subject to the exceptions set forth in paragraph
5    (4) of this subsection, the court shall make its findings
6    in an official record or in writing, and shall at a minimum
7    set forth the following:
8            (i) That the court has considered the applicable
9        relevant factors described in paragraphs (1) and (2)
10        of this subsection.
11            (ii) Whether the conduct or actions of respondent,
12        unless prohibited, will likely cause irreparable harm
13        or continued abuse.
14            (iii) Whether it is necessary to grant the
15        requested relief in order to protect petitioner or
16        other alleged abused persons.
17        (4) For purposes of issuing an ex parte emergency
18    order of protection, the court, as an alternative to or as
19    a supplement to making the findings described in
20    paragraphs (c)(3)(i) through (c)(3)(iii) of this
21    subsection, may use the following procedure:
22        When a verified petition for an emergency order of
23    protection in accordance with the requirements of Sections
24    203 and 217 is presented to the court, the court shall
25    examine petitioner on oath or affirmation. An emergency
26    order of protection shall be issued by the court if it
		SB3020 Enrolled	- 90 -	LRB104 17995 RLC 31432 b
1    appears from the contents of the petition and the
2    examination of petitioner that the averments are
3    sufficient to indicate abuse by respondent and to support
4    the granting of relief under the issuance of the emergency
5    order of protection.
6        (5) Never married parties. No rights or
7    responsibilities for a minor child born outside of
8    marriage attach to a putative father until a father and
9    child relationship has been established under the Illinois
10    Parentage Act of 1984, the Illinois Parentage Act of 2015,
11    the Illinois Public Aid Code, Section 12 of the Vital
12    Records Act, the Juvenile Court Act of 1987, the Probate
13    Act of 1975, the Revised Uniform Reciprocal Enforcement of
14    Support Act, the Uniform Interstate Family Support Act,
15    the Expedited Child Support Act of 1990, any judicial,
16    administrative, or other act of another state or
17    territory, any other Illinois statute, or by any foreign
18    nation establishing the father and child relationship, any
19    other proceeding substantially in conformity with the
20    Personal Responsibility and Work Opportunity
21    Reconciliation Act of 1996 (Pub. L. 104-193), or where
22    both parties appeared in open court or at an
23    administrative hearing acknowledging under oath or
24    admitting by affirmation the existence of a father and
25    child relationship. Absent such an adjudication, finding,
26    or acknowledgment, no putative father shall be granted
		SB3020 Enrolled	- 91 -	LRB104 17995 RLC 31432 b
1    temporary allocation of parental responsibilities,
2    including parenting time with the minor child, or physical
3    care and possession of the minor child, nor shall an order
4    of payment for support of the minor child be entered.
5    (d) Balance of hardships; findings. If the court finds
6that the balance of hardships does not support the granting of
7a remedy governed by paragraph (2), (3), (10), (11), or (16) of
8subsection (b) of this Section, which may require such
9balancing, the court's findings shall so indicate and shall
10include a finding as to whether granting the remedy will
11result in hardship to respondent that would substantially
12outweigh the hardship to petitioner from denial of the remedy.
13The findings shall be an official record or in writing.
14    (e) Denial of remedies. Denial of any remedy shall not be
15based, in whole or in part, on evidence that:
16        (1) Respondent has cause for any use of force, unless
17    that cause satisfies the standards for justifiable use of
18    force provided by Article 7 of the Criminal Code of 2012;
19        (2) Respondent was voluntarily intoxicated;
20        (3) Petitioner acted in self-defense or defense of
21    another, provided that, if petitioner utilized force, such
22    force was justifiable under Article 7 of the Criminal Code
23    of 2012;
24        (4) Petitioner did not act in self-defense or defense
25    of another;
26        (5) Petitioner left the residence or household to
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1    avoid further abuse, neglect, or exploitation by
2    respondent;
3        (6) Petitioner did not leave the residence or
4    household to avoid further abuse, neglect, or exploitation
5    by respondent;
6        (7) Conduct by any family or household member excused
7    the abuse, neglect, or exploitation by respondent, unless
8    that same conduct would have excused such abuse, neglect,
9    or exploitation if the parties had not been family or
10    household members.
11(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25.)
12    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)
13    Sec. 220. Duration and extension of orders.
14    (a) Duration of emergency and interim orders. Unless
15re-opened or extended or voided by entry of an order of greater
16duration:
17        (1) Emergency orders issued under Section 217 shall be
18    effective for not less than 14 nor more than 21 days;
19        (2) Interim orders shall be effective for up to 30
20    days.
21    (b) Duration of plenary orders.
22        (0.05) A plenary order of protection entered under
23    this Act shall be valid for a fixed period of time, not to
24    exceed two years.
25        (1) A plenary order of protection entered in
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1    conjunction with another civil proceeding shall remain in
2    effect as follows:
3            (i) if entered as preliminary relief in that other
4        proceeding, until entry of final judgment in that
5        other proceeding;
6            (ii) if incorporated into the final judgment in
7        that other proceeding, until the order of protection
8        is vacated or modified; or
9            (iii) if incorporated in an order for involuntary
10        commitment, until termination of both the involuntary
11        commitment and any voluntary commitment, or for a
12        fixed period of time not exceeding 2 years.
13        (2) Duration of an order of protection entered in
14    conjunction with a criminal prosecution or delinquency
15    petition shall remain in effect as provided in Section
16    112A-20 of the Code of Criminal Procedure of 1963.
17    (c) Computation of time. The duration of an order of
18protection shall not be reduced by the duration of any prior
19order of protection.
20    (d) Law enforcement records. When a plenary order of
21protection expires upon the occurrence of a specified event,
22rather than upon a specified date as provided in subsection
23(b), no expiration date shall be entered in Illinois State
24Police records. To remove the plenary order from those
25records, either party shall request the clerk of the court to
26file a certified copy of an order stating that the specified
		SB3020 Enrolled	- 94 -	LRB104 17995 RLC 31432 b
1event has occurred or that the plenary order has been vacated
2or modified with the Sheriff, and the Sheriff shall direct
3that law enforcement records shall be promptly corrected in
4accordance with the filed order.
5    (e) Extension of orders.
6        (1) Emergency and Interim orders. Any emergency[,]
7    interim [or plenary] order may be extended one or more
8    times, as required, provided that the requirements of
9    Section 217, 218 or 219, as appropriate, are satisfied. A 
10    violation of the original order or a subsequent incident 
11    of abuse is not required to grant an extension of the 
12    order.
13        (2) Plenary orders.
14            (A) The court shall grant the petitioner's motion 
15        to extend a plenary order of protection if the 
16        requirements of Section 219 have been satisfied and 
17        there has been no material change in the relevant 
18        circumstances. The court shall not deny a motion to 
19        extend solely because there is no violation of the 
20        original order nor a subsequent incident of abuse.
21            (B) An extension of a plenary order may be granted 
22        for any fixed period of time or until the order is 
23        vacated or modified. If the petitioner seeks an 
24        extension longer than 2 years, the court may grant 
25        such request if it finds that there is good cause to 
26        extend the order for longer than 2 years.
		SB3020 Enrolled	- 95 -	LRB104 17995 RLC 31432 b
1            (C) If respondent does not contest the motion to 
2        extend a plenary order of protection, after service of 
3        the motion in accordance with Supreme Court Rules 11, 
4        12, and 105, the court may grant the request for an 
5        extension based solely on the petitioner's motion and 
6        affidavit setting forth the requirements of this 
7        paragraph (2).
8            (D) If the plenary order is set to expire before 
9        the next available court date, then the court date for 
10        extension must be expedited. The court may extend the 
11        order on an emergency basis pending a hearing on the 
12        request. If a plenary order expires prior to a hearing 
13        on the motion, the court may reinstate and extend the 
14        order upon hearing.
15    [If the motion for extension is uncontested and petitioner ]
16[seeks no modification of the order, the order may be extended ]
17[on the basis of petitioner's motion or affidavit stating that ]
18[there has been no material change in relevant circumstances ]
19[since entry of the order and stating the reason for the ]
20[requested extension. An extension of a plenary order of ]
21[protection may be granted, upon good cause shown, to remain in ]
22[effect until the order of protection is vacated or modified.]
23    (3) Extensions under this subsection (e) may be granted
24only in open court and not under the provisions of subsection
25(c) of Section 217, which applies only when the court is
26unavailable at the close of business or on a court holiday.
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1    (f) Termination date. Any order of protection which would
2expire on a court holiday shall instead expire at the close of
3the next court business day.
4    (g) Statement of purpose. The practice of dismissing or
5suspending a criminal prosecution in exchange for the issuance
6of an order of protection undermines the purposes of this Act.
7This Section shall not be construed as encouraging that
8practice.
9(Source: P.A. 102-538, eff. 8-20-21.)