HB 4741

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Full Text of HB4741
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	HB4741 - 104th General Assembly
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		HB4741 Enrolled		LRB104 17796 JRC 31229 b
1    AN ACT concerning domestic violence.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Criminal Procedure of 1963 is
5amended by changing Section 112A-11.5 as follows:
6    (725 ILCS 5/112A-11.5)
7    Sec. 112A-11.5. Issuance of protective order.
8    (a) Except as provided in subsection (a-5) of this
9Section, the court shall grant the petition and enter a
10protective order if the court finds prima facie evidence that
11a crime involving domestic violence, a sexual offense, or a
12crime involving stalking has been committed. The following
13shall be considered prima facie evidence of the crime:
14        (1) an information, complaint, indictment, or
15    delinquency petition, charging a crime of domestic
16    violence, a sexual offense, or stalking or charging an
17    attempt to commit a crime of domestic violence, a sexual
18    offense, or stalking;
19        (2) an adjudication of delinquency, a finding of guilt
20    based upon a plea, or a finding of guilt after a trial for
21    a crime of domestic battery, a sexual crime, or stalking
22    or an attempt to commit a crime of domestic violence, a
23    sexual offense, or stalking;
		HB4741 Enrolled	- 2 -	LRB104 17796 JRC 31229 b
1        (3) any dispositional order issued under Section 5-710
2    of the Juvenile Court Act of 1987, the imposition of
3    supervision, conditional discharge, probation, periodic
4    imprisonment, parole, aftercare release, or mandatory
5    supervised release for a crime of domestic violence, a
6    sexual offense, or stalking or an attempt to commit a
7    crime of domestic violence, a sexual offense, or stalking,
8    or imprisonment in conjunction with a bond forfeiture
9    warrant; or
10        (4) the entry of a protective order in a separate
11    civil case brought by the petitioner against the
12    respondent.
13    (a-5) The respondent may rebut prima facie evidence of the
14crime under paragraph (1) of subsection (a) of this Section by
15presenting evidence of a meritorious defense. The respondent
16shall file a written notice alleging a meritorious defense
17which shall be verified and supported by affidavit. The
18verified notice and affidavit shall set forth the evidence
19that will be presented at a hearing. If the court finds that
20the evidence presented at the hearing establishes a
21meritorious defense by a preponderance of the evidence, the
22court may decide not to issue a protective order.
23    (b) The petitioner shall not be denied a protective order
24because the petitioner or the respondent is a minor or solely 
25upon the basis that the respondent or petitioner is 
26incarcerated in a penal institution at the time of the 
		HB4741 Enrolled	- 3 -	LRB104 17796 JRC 31229 b
1issuance of the order.
2    (c) The court, when determining whether or not to issue a
3protective order, may not require physical injury on the
4person of the victim.
5    (d) If the court issues a final protective order under
6this Section, the court shall afford the petitioner and
7respondent an opportunity to be heard on the remedies
8requested in the petition.
9(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
10    Section 10. The Illinois Domestic Violence Act of 1986 is
11amended by changing Section 201 as follows:
12    (750 ILCS 60/201)  (from Ch. 40, par. 2312-1)
13    Sec. 201. Persons protected by this Act.
14    (a) The following persons are protected by this Act:
15        (i) any person abused by a family or household member;
16        (ii) any high-risk adult with disabilities who is
17    abused, neglected, or exploited by a family or household
18    member;
19        (iii) any minor child or dependent adult in the care
20    of such person;
21        (iv) any person residing or employed at a private home
22    or public shelter which is housing an abused family or
23    household member; and
24        (v) any of the following persons if the person is
		HB4741 Enrolled	- 4 -	LRB104 17796 JRC 31229 b
1    abused by a family or household member of a child:
2            (A) a foster parent of that child if the child has
3        been placed in the foster parent's home by the
4        Department of Children and Family Services or by
5        another state's public child welfare agency;
6            (B) a legally appointed guardian or legally
7        appointed custodian of that child;
8            (C) an adoptive parent of that child; or
9            (D) a prospective adoptive parent of that child if
10        the child has been placed in the prospective adoptive
11        parent's home pursuant to the Adoption Act or pursuant
12        to another state's law.
13        For purposes of this paragraph (a)(v), individuals who
14    would have been considered "family or household members"
15    of the child under subsection (6) of Section 103 of this
16    Act before a termination of the parental rights with
17    respect to the child continue to meet the definition of
18    "family or household members" of the child.
19    (b) A petition for an order of protection may be filed
20only:
21        (i) by a person who has been abused by a family or
22    household member or by any person on behalf of a minor
23    child or an adult who has been abused by a family or
24    household member and who, because of age, health,
25    disability, or inaccessibility, cannot file the petition;
26        (ii) by any person on behalf of a high-risk adult with
		HB4741 Enrolled	- 5 -	LRB104 17796 JRC 31229 b
1    disabilities who has been abused, neglected, or exploited
2    by a family or household member;
3        (iii) by any of the following persons if the person is
4    abused by a family or household member of a child:
5            (A) a foster parent of that child if the child has
6        been placed in the foster parent's home by the
7        Department of Children and Family Services or by
8        another state's public child welfare agency;
9            (B) a legally appointed guardian or legally
10        appointed custodian of that child;
11            (C) an adoptive parent of that child;
12            (D) a prospective adoptive parent of that child if
13        the child has been placed in the prospective adoptive
14        parent's home pursuant to the Adoption Act or pursuant
15        to another state's law.
16        For purposes of this paragraph (b)(iii), individuals
17    who would have been considered "family or household
18    members" of the child under subsection (6) of Section 103
19    of this Act before a termination of the parental rights
20    with respect to the child continue to meet the definition
21    of "family or household members" of the child;
22        (iv) by a crime victim who was abused by a family or 
23    household member [an offender] prior to the incarceration of
24    the offender in a penal institution and such offender is
25    incarcerated in a penal institution at the time of the
26    filing of the petition; or
		HB4741 Enrolled	- 6 -	LRB104 17796 JRC 31229 b
1        (v) by any person who has previously suffered abuse by
2    a family or household member [person] convicted of (1)
3    domestic battery, aggravated domestic battery, aggravated
4    battery, or any other offense that would constitute
5    domestic violence or (2) a violent crime, as defined in
6    Section 3 of the Rights of Crime Victims and Witnesses
7    Act, committed against another person.
8    A petition for an order of protection may not be denied
9solely upon the basis that the respondent or petitioner is
10incarcerated in a penal institution at the time of the filing
11of the petition.
12    (c) Any petition properly filed under this Act may seek
13protection for any additional persons protected by this Act.
14(Source: P.A. 104-11, eff. 6-20-25.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.