New Domestic Violence Legislation



New Domestic Violence Laws

PA 96-246 (HB 693) Creates 740 ILCS 21 Effective 1-1-2010

The law creates a no contact order to protect those not covered under existing Illinois Domestic Violence Act orders of protection or sexual assault civil no contact order laws. Under the new law, those who did not have a previous relationship with the offender and those who were not a victim of sexual assault can seek a stalking no contact order (SNCO).

With a stalking no contact order, the court can prohibit many stalking behaviors, including:

- prohibit the respondent from committing or threatening stalking;

- order the respondent to have no contact with the victim;

- prohibit the respondent from coming within a specific distance of the victim’s home, school, workplace or other places frequented by the victim;

- prohibit the respondent from possessing firearms or a FOID card;

- order other injunctive relief the court determines is necessary to protect the petitioner or a third party named by the court.

The new SNCO law also allows the court to award the victim attorney’s fees and costs if a stalking no contact order is granted.

The new SNCO definition of stalking mirrors the updated criminal stalking law, which criminalizes any course of conduct that causes a reasonable person to fear for his or her safety or suffer emotional distress. Under this new law, the reasonable person is defined as a person in the victim’s situation, which requires courts to consider the victim’s knowledge of the offender and the context of the stalker’s behaviors.

PA 96-282 (HB 2541) Creates 730 ILCS 5/3-14-7 & Amends 730 ILCS 5/3-14-2 Effective 1-1-2010

Creates the Mersaides McCauley Act targeting repeat domestic offenders. Requires the Department of Corrections to take action against offenders as soon as they commit another domestic or sexual offense. The Department must issue a parole violation warrant upon the request of a parole officer when an offender on parole or mandatory supervised release is charged with certain crimes, including domestic battery, aggravated domestic battery, stalking, aggravated stalking, violation of order of protection or any offense that would require registration as a sex offender.

Also requires longer and specialized supervision for domestic offenders:

▪ Extends the term of mandatory supervised release to four years for offenders convicted of domestic battery, aggravated domestic battery, stalking, aggravated stalking or violation of an order of protection, up from 2 years.

▪ Parole agents assigned to supervise domestic abusers are required to receive at least 40 hours of training in domestic violence and partner abuse intervention.

PA 96-686 (HB 2542) Amends 720 ILCS 5/12-7.3 & 7.4 Effective 1-1-2010

Updates the crimes of stalking and cyberstalking. Under the new law, a person commits stalking when he or she engages in any course of conduct that causes a reasonable person to fear for his or her safety or the safety of another person, or to suffer emotional distress. The reasonable person is defined “as a person in the victim’s situation”, which requires the courts to consider the victim’s knowledge of the offender and the context of the stalker’s behaviors.

The new law criminalizes any “course of conduct” which is broadly defined and covers many common stalking tactics. The new law significantly simplifies identifying and proving stalking and cyberstalking. Previously, the law required two or more incidents of following or surveillance plus an explicit or implicit threat of serious injury to the victim or someone in her or his family. The new eliminates the threat requirement; recognizing that not all stalking or cyberstalking involves a specific threat.

PA 96-363 (HB 594) Amends 720 ILCS 5/12-3.3 Effective 8-13-2009

Makes strangulation of a family or household member aggravated domestic battery. Defines strangulation as “intentionally impeding the normal breathing or circulation of the blood…by applying pressure to throat or neck”. This crime is a class 2 felony requiring at least 60 days imprisonment. Subsequent convictions require 3-14 years imprisonment.

PA 96-688 (HB 2660) Amends 730 ILCS 5/5-8A-7 & 725 ILCS 5/110-5 Effective 8-25-2009

Amends the Cindy Bischof law. Allows, but does not require, a judge to order a domestic abuser to have a risk assessment evaluation. Expands the types of agencies which can perform the evaluation to include partner abuse intervention program providers, pretrial services, probation, or parole agencies. Codifies factors the court must look at when setting bail. Sets requirements for technology used in the electronic surveillance of domestic abusers. Allows electronic surveillance of offenders on bail or probation for violation of an order of protection. Requires electronic surveillance when released from prison of those convicted of violation of an order of protection.

PA 96-651 (SB 145) Amends 725 ILCS 5/112A-22 Effective 1-1-2010

Allows order of protection petitioners to request the clerk of court to send notice of an order of protection to a health care facility or schools. Prohibits the health care facility or school from disclosing information contained within the order to respondent, unless and until the order expires or is vacated.

PA 96-383 (HB 973) Amends 105 ILCS 110/3 Effective 1-1-2010

Adds teen dating violence to the list of topics which may be covered in a Comprehensive Health Program for grades 8 - 12.

PA 96-701 (HB3991) Amends 430 ILCS65/8 Effective 1-1-2010

Amends the Illinois Firearm Owners Identification (FOID) Card Act. Requires the Illinois State Police (ISP) to deny or revoke a FOID card when the owner is subject to an order of protection.

PA 96-447 (HB 721) Amends 775 ILCS 5/1-102 Effective 1-1-2010

Adds order of protection status to the categories protected from unlawful discrimination in the Illinois Human Rights Act. Domestic violence victims with an order of protection may now be able to file a charge of discrimination with the Illinois Department of Human Rights if he or she was subjected to discriminatory treatment by a covered individual, business, employer, labor organization, employment agency, or government agency.

PA 96-0635 (SB 1770) Amends 820 ILCS 180/5 Effective 8-24-2009

Amends the Victims’ Economic Security and Safety Act (VESSA) which provides protections to help violence survivors keep their jobs and provides leave for survivors to obtain orders of protection and no contact orders, seek medical and legal assistance, look for housing to escape the abuse, etc. This amendment expands the number of employers covered by VESSA: it now applies to any company or person which employs at least 15 employees. Employees working for employer with at least 15 but fewer than 50 employees are entitled to 8 workweeks of leave during a 12 month period. Employees at larger companies, with at least 50 employees, are entitled to 12 workweeks of leave during a 12 month period.

PA 96-287 (HB 2610) Amends 720 ILCS 5/12-3.2 Effective 8-11-2009

Requires the Court to admonish domestic defendants, verbally or in writing, after conviction for domestic battery. Court shall advise defendant that “An individual convicted of domestic battery may be subject to federal criminal penalties for possessing, transporting, shipping or receiving any firearm or ammunition in violation of the federal Gun Control Act of 1968, 18 USC 9229g)(8) and (9)”. A motion must be made in the court file that the admonition was made.

PA 96-695 (HB 3714) Amends 730 ILCS 5/5-6-3 Effective 1-1-2010

Amends the conditions of probation and conditional discharge. Prohibits a probationer from possessing a firearm or other weapon when on probation or conditional discharge for a felony or a misdemeanor when the offense included intentional or knowing infliction of bodily harm or threat of bodily harm. Allows the Court to order any probationer to refrain from possessing a firearm while on probation or conditional discharge.

PA 95-886 (HB5148) Amends 725 ILCS 5/112A-20 Effective 1-1-2009

If the petitioner shows good cause, the Court may extend a plenary order of protection indefinitely, until it is vacated or modified.

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