Public Act 100-0639

HB4796 Enrolled LRB100 16595 HEP 35345 b

AN ACT concerning domestic violence.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Code of Criminal Procedure of 1963 is

amended by changing Sections 112A-4 and 112A-4.5 as follows:

(725 ILCS 5/112A-4) (from Ch. 38, par. 112A-4)

Sec. 112A-4. Persons protected by this Article.

(a) The following persons are protected by this Article in

cases involving domestic violence:

(1) any person abused by a family or household member;

(2) any minor child or dependent adult in the care of

such person; and

(3) any person residing or employed at a private home

or public shelter which is housing an abused family or

household member; and .

(4) any of the following persons if the person is

abused by a family or household member of a child:

(i) a foster parent of that child if the child has

been placed in the foster parent's home by the

Department of Children and Family Services or by

another state's public child welfare agency;

(ii) a legally appointed guardian or legally

appointed custodian of that child;

(iii) an adoptive parent of that child; or

(iv) a prospective adoptive parent of that child if

the child has been placed in the prospective adoptive

parent's home pursuant to the Adoption Act or pursuant

to another state's law.

For purposes of this paragraph (a)(4), individuals who

would have been considered "family or household members" of the

child under paragraph (3) of subsection (b) of Section 112A-3

before a termination of the parental rights with respect to the

child continue to meet the definition of "family or household

members" of the child.

(a-5) The following persons are protected by this Article

in cases involving sexual offenses:

(1) any victim of non-consensual sexual conduct or

non-consensual sexual penetration on whose behalf the

petition is brought;

(2) any family or household member of the named victim;

and

(3) any employee of or volunteer at a rape crisis

center.

(a-10) The following persons are protected by this Article

in cases involving stalking offenses:

(1) any victim of stalking; and

(2) any family or household member of the named victim.

(b) (Blank).

(Source: P.A. 100-199, eff. 1-1-18.)

(725 ILCS 5/112A-4.5)

Sec. 112A-4.5. Who may file petition.

(a) A petition for an order of protection may be filed:

(1) by a person who has been abused by a family or

household member; or

(2) by any person on behalf of a minor child or an

adult who has been abused by a family or household member

and who, because of age, health, disability, or

inaccessibility, cannot file the petition; or .

(3) any of the following persons if the person is

abused by a family or household member of a child:

(i) a foster parent of that child if the child has

been placed in the foster parent's home by the

Department of Children and Family Services or by

another state's public child welfare agency;

(ii) a legally appointed guardian or legally

appointed custodian of that child;

(iii) an adoptive parent of that child;

(iv) a prospective adoptive parent of that child if

the child has been placed in the prospective adoptive

parent's home pursuant to the Adoption Act or pursuant

to another state's law.

For purposes of this paragraph (a)(3), individuals who

would have been considered "family or household members" of the

child under paragraph (3) of subsection (b) of Section 112A-3

before a termination of the parental rights with respect to the

child continue to meet the definition of "family or household

members" of the child.

(b) A petition for a civil no contact order may be filed:

(1) by any person who is a victim of non-consensual

sexual conduct or non-consensual sexual penetration,

including a single incident of non-consensual sexual

conduct or non-consensual sexual penetration; or

(2) by a person on behalf of a minor child or an adult

who is a victim of non-consensual sexual conduct or

non-consensual sexual penetration but, because of age,

disability, health, or inaccessibility, cannot file the

petition.

(c) A petition for a stalking no contact order may be

filed:

(1) by any person who is a victim of stalking; or

(2) by a person on behalf of a minor child or an adult

who is a victim of stalking but, because of age,

disability, health, or inaccessibility, cannot file the

petition.

(d) The State's Attorney shall file a petition on behalf on

any person who may file a petition under subsections (a), (b)

or (c) of this Section if the person requests the State's

Attorney to file a petition on the person's behalf.

(e) Any petition properly filed under this Article may seek

protection for any additional persons protected by this

Article.

(Source: P.A. 100-199, eff. 1-1-18.)

Section 10. The Illinois Domestic Violence Act of 1986 is

amended by changing Section 201 as follows:

(750 ILCS 60/201) (from Ch. 40, par. 2312-1)

Sec. 201. Persons protected by this Act.

(a) The following persons are protected by this Act:

(i) any person abused by a family or household member;

(ii) any high-risk adult with disabilities who is

abused, neglected, or exploited by a family or household

member;

(iii) any minor child or dependent adult in the care of

such person; and

(iv) any person residing or employed at a private home

or public shelter which is housing an abused family or

household member; and .

(v) any of the following persons if the person is

abused by a family or household member of a child:

(A) a foster parent of that child if the child has

been placed in the foster parent's home by the

Department of Children and Family Services or by

another state's public child welfare agency;

(B) a legally appointed guardian or legally

appointed custodian of that child;

(C) an adoptive parent of that child; or

(D) a prospective adoptive parent of that child if

the child has been placed in the prospective adoptive

parent's home pursuant to the Adoption Act or pursuant

to another state's law.

For purposes of this paragraph (a)(v), individuals who

would have been considered "family or household members" of

the child under subsection (6) of Section 103 of this Act

before a termination of the parental rights with respect to

the child continue to meet the definition of "family or

household members" of the child.

(b) A petition for an order of protection may be filed

only:

(i) by a person who has been abused by a family or

household member or by any person on behalf of a minor

child or an adult who has been abused by a family or

household member and who, because of age, health,

disability, or inaccessibility, cannot file the petition;

, or

(ii) by any person on behalf of a high-risk adult with

disabilities who has been abused, neglected, or exploited

by a family or household member; or

(iii) any of the following persons if the person is

abused by a family or household member of a child:

(A) a foster parent of that child if the child has

been placed in the foster parent's home by the

Department of Children and Family Services or by

another state's public child welfare agency;

(B) a legally appointed guardian or legally

appointed custodian of that child;

(C) an adoptive parent of that child;

(D) a prospective adoptive parent of that child if

the child has been placed in the prospective adoptive

parent's home pursuant to the Adoption Act or pursuant

to another state's law.

For purposes of this paragraph (b)(iii), individuals

who would have been considered "family or household

members" of the child under subsection (6) of Section 103

of this Act before a termination of the parental rights

with respect to the child continue to meet the definition

of "family or household members" of the child. However, any

(c) Any petition properly filed under this Act may seek

protection for any additional persons protected by this Act.

(Source: P.A. 86-542; 87-1186.)