Sen. Jil Tracy
Filed: 4/19/2018
 
 


 




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1
AMENDMENT TO SENATE BILL 2288 




2 AMENDMENT NO. ______. Amend Senate Bill 2288, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:

5 "Section 5. The Stalking No Contact Order Act is amended by 
6changing Section 80 as follows:

7 (740 ILCS 21/80)

8 Sec. 80. Stalking no contact orders; remedies.
9 (a) If the court finds that the petitioner has been a 
10victim of stalking, a stalking no contact order shall issue; 
11provided that the petitioner must also satisfy the requirements 
12of Section 95 on emergency orders or Section 100 on plenary 
13orders. The petitioner shall not be denied a stalking no 
14contact order because the petitioner or the respondent is a 
15minor. The court, when determining whether or not to issue a 
16stalking no contact order, may not require physical injury on 
 
 
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1the person of the petitioner. Modification and extension of 
2prior stalking no contact orders shall be in accordance with 
3this Act.
4 (b) A stalking no contact order shall order one or more of 
5the following:
6  (1) prohibit the respondent from threatening to commit 
7 or committing stalking;
8  (2) order the respondent not to have any contact with 
9 the petitioner or a third person specifically named by the 
10 court;
11  (3) prohibit the respondent from knowingly coming 
12 within, or knowingly remaining within a specified distance 
13 of the petitioner or the petitioner's residence, school, 
14 daycare, or place of employment, or any specified place 
15 frequented by the petitioner; however, the court may order 
16 the respondent to stay away from the respondent's own 
17 residence, school, or place of employment only if the 
18 respondent has been provided actual notice of the 
19 opportunity to appear and be heard on the petition;
20  (4) prohibit the respondent from possessing a Firearm 
21 Owners Identification Card, or possessing or buying 
22 firearms; and
23  (5) order the respondent to submit to a mental health

24 evaluation; and 
25  (6) (5) order other injunctive relief the court 
26 determines to be necessary to protect the petitioner or 
 
 
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1 third party specifically named by the court.
2 (b-5) When the petitioner and the respondent attend the 
3same public, private, or non-public elementary, middle, or high 
4school, the court when issuing a stalking no contact order and 
5providing relief shall consider the severity of the act, any 
6continuing physical danger or emotional distress to the 
7petitioner, the educational rights guaranteed to the 
8petitioner and respondent under federal and State law, the 
9availability of a transfer of the respondent to another school, 
10a change of placement or a change of program of the respondent, 
11the expense, difficulty, and educational disruption that would 
12be caused by a transfer of the respondent to another school, 
13and any other relevant facts of the case. The court may order 
14that the respondent not attend the public, private, or 
15non-public elementary, middle, or high school attended by the 
16petitioner, order that the respondent accept a change of 
17placement or program, as determined by the school district or 
18private or non-public school, or place restrictions on the 
19respondent's movements within the school attended by the 
20petitioner.
The respondent bears the burden of proving by a 
21preponderance of the evidence that a transfer, change of 
22placement, or change of program of the respondent is not 
23available. The respondent also bears the burden of production 
24with respect to the expense, difficulty, and educational 
25disruption that would be caused by a transfer of the respondent 
26to another school. A transfer, change of placement, or change 
 
 
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1of program is not unavailable to the respondent solely on the 
2ground that the respondent does not agree with the school 
3district's or private or non-public school's transfer, change 
4of placement, or change of program or solely on the ground that 
5the respondent fails or refuses to consent to or otherwise does 
6not take an action required to effectuate a transfer, change of 
7placement, or change of program.
When a court orders a 
8respondent to stay away from the public, private, or non-public 
9school attended by the petitioner and the respondent requests a 
10transfer to another attendance center within the respondent's 
11school district or private or non-public school, the school 
12district or private or non-public school shall have sole 
13discretion to determine the attendance center to which the 
14respondent is transferred.
In the event the court order results 
15in a transfer of the minor respondent to another attendance 
16center, a change in the respondent's placement, or a change of 
17the respondent's program, the parents, guardian, or legal 
18custodian of the respondent is responsible for transportation 
19and other costs associated with the transfer or change. 
20 (b-6) The court may order the parents, guardian, or legal 
21custodian of a minor respondent to take certain actions or to 
22refrain from taking certain actions to ensure that the 
23respondent complies with the order. In the event the court 
24orders a transfer of the respondent to another school, the 
25parents, guardian, or legal custodian of the respondent are 
26responsible for transportation and other costs associated with 
 
 
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1the change of school by the respondent. 
2 (b-7) The court shall not hold a school district or private 
3or non-public school or any of its employees in civil or 
4criminal contempt unless the school district or private or 
5non-public school has been allowed to intervene.
6 (b-8) The court may hold the parents, guardian, or legal 
7custodian of a minor respondent in civil or criminal contempt 
8for a violation of any provision of any order entered under 
9this Act for conduct of the minor respondent in violation of 
10this Act if the
parents, guardian, or legal custodian directed, 
11encouraged, or assisted the respondent minor in such conduct. 
12 (c) The court may award the petitioner costs and attorneys 
13fees if a stalking no contact order is granted.
14 (d) Monetary damages are not recoverable as a remedy.
15 (e) If the stalking no contact order prohibits the 
16respondent from possessing a Firearm Owner's Identification 
17Card, or possessing or buying firearms; the court shall 
18confiscate the respondent's Firearm Owner's Identification 
19Card and immediately return the card to the Department of State 
20Police Firearm Owner's Identification Card Office.


21(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12; 
2297-1131, eff. 1-1-13.)".