Bill Text: IL SB3580 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "domestic violence" includes abuse by a family or household member or by a present or prior dating or sexual partner. Includes in the protections against domestic violence, a present or prior dating or sexual partner, or a present or prior dating or sexual partner of a person related by blood or by a present or prior marriage or civil union. Provides that evidence of a prior conviction of a defendant for aggravated battery committed against a present or prior dating or sexual partner is admissible in a later criminal prosecution for various similar types of offenses when the victim is the same person who was the victim of the previous offense that resulted in conviction of the defendant. Defines "dating or sexual partner".

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3580 Detail]

Download: Illinois-2019-SB3580-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3580 Introduced 2/13/2020, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED:
725 ILCS 5/112A-3 from Ch. 38, par. 112A-3
725 ILCS 5/112A-4 from Ch. 38, par. 112A-4
725 ILCS 5/112A-4.5
725 ILCS 5/112A-5 from Ch. 38, par. 112A-5
725 ILCS 5/115-7.4
725 ILCS 5/115-20
750 ILCS 60/103 from Ch. 40, par. 2311-3
750 ILCS 60/201 from Ch. 40, par. 2312-1
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that "domestic violence" includes abuse by a family or household member or by a present or prior dating or sexual partner. Includes in the protections against domestic violence, a present or prior dating or sexual partner, or a present or prior dating or sexual partner of a person related by blood or by a present or prior marriage or civil union. Provides that evidence of a prior conviction of a defendant for aggravated battery committed against a present or prior dating or sexual partner is admissible in a later criminal prosecution for various similar types of offenses when the victim is the same person who was the victim of the previous offense that resulted in conviction of the defendant. Defines "dating or sexual partner".
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A BILL FOR
SB3580 LRB101 20001 RLC 69528 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-3, 112A-4, 112A-4.5, 112A-5,
115-7.4, and 115-20 as follows:
(725 ILCS 5/112A-3) (from Ch. 38, par. 112A-3)
Sec. 112A-3. Definitions.
(a) In this Article:
"Advocate" means a person whose communications with the
victim are privileged under Section 8-802.1 or 8-802.2 of the
Code of Civil Procedure or Section 227 of the Illinois Domestic
Violence Act of 1986.
"Named victim" means the person named as the victim in the
delinquency petition or criminal prosecution.
"Protective order" means a domestic violence order of
protection, a civil no contact order, or a stalking no contact
order.
(b) For the purposes of domestic violence cases, the
following terms shall have the following meanings in this
Article:
(1) "Abuse" means physical abuse, harassment,
intimidation of a dependent, interference with personal

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liberty or willful deprivation but does not include
reasonable direction of a minor child by a parent or person
in loco parentis.
(2) "Domestic violence" means abuse as described in
paragraph (1) of this subsection (b) by a family or
household member or by a present or prior dating or sexual
partner.
(2.1) "Dating or sexual partner" means a present or
prior partner in a dating, sexual, or engagement
relationship, irrespective of the duration, seriousness,
intimacy, or romantic focus of the courtship or
relationship.
(3) "Family or household members" include spouses,
former spouses, present or prior parties to a civil union,
parents, children, stepchildren, and other persons related
by blood or by present or prior marriage, persons who share
or formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child,
persons who have or have had a dating or engagement
relationship, persons with disabilities and their personal
assistants, and caregivers as defined in subsection (e) of
Section 12-4.4a of the Criminal Code of 2012. For purposes
of this paragraph (3), neither a casual acquaintanceship
nor ordinary fraternization between 2 individuals in
business or social contexts shall be deemed to constitute a

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dating relationship.
(4) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose which is reasonable under
the circumstances; would cause a reasonable person
emotional distress; and does cause emotional distress to
the petitioner. Unless the presumption is rebutted by a
preponderance of the evidence, the following types of
conduct shall be presumed to cause emotional distress:
(i) creating a disturbance at petitioner's place
of employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under
surveillance by remaining present outside his or her
home, school, place of employment, vehicle or other
place occupied by petitioner or by peering in
petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly
remove a minor child of petitioner's from the
jurisdiction or from the physical care of petitioner,
repeatedly threatening to conceal a minor child from
petitioner, or making a single such threat following an
actual or attempted improper removal or concealment,

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unless respondent was fleeing from an incident or
pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(5) "Interference with personal liberty" means
committing or threatening physical abuse, harassment,
intimidation or willful deprivation so as to compel another
to engage in conduct from which she or he has a right to
abstain or to refrain from conduct in which she or he has a
right to engage.
(6) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health, or
disability to participation in or the witnessing of:
physical force against another or physical confinement or
restraint of another which constitutes physical abuse as
defined in this Article, regardless of whether the abused
person is a family or household member.
(7) "Order of protection" or "domestic violence order
of protection" means an ex parte or final order, granted
pursuant to this Article, which includes any or all of the
remedies authorized by Section 112A-14 of this Code.
(8) "Petitioner" may mean not only any named petitioner
for the domestic violence order of protection and any named
victim of abuse on whose behalf the petition is brought,
but also any other person protected by this Article.
(9) "Physical abuse" includes sexual abuse and means

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any of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(9.3) "Respondent" in a petition for a domestic
violence order of protection means the defendant.
(9.5) "Stay away" means for the respondent to refrain
from both physical presence and nonphysical contact with
the petitioner whether direct, indirect (including, but
not limited to, telephone calls, mail, email, faxes, and
written notes), or through third parties who may or may not
know about the domestic violence order of protection.
(10) "Willful deprivation" means wilfully denying a
person who because of age, health or disability requires
medication, medical care, shelter, accessible shelter or
services, food, therapeutic device, or other physical
assistance, and thereby exposing that person to the risk of
physical, mental or emotional harm, except with regard to
medical care and treatment when such dependent person has
expressed the intent to forgo such medical care or
treatment. This paragraph (10) does not create any new
affirmative duty to provide support to dependent persons.
(c) For the purposes of cases involving sexual offenses,

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the following terms shall have the following meanings in this
Article:
(1) "Civil no contact order" means an ex parte or final
order granted under this Article, which includes a remedy
authorized by Section 112A-14.5 of this Code.
(2) "Family or household members" include spouses,
parents, children, stepchildren, and persons who share a
common dwelling.
(3) "Non-consensual" means a lack of freely given
agreement.
(4) "Petitioner" means not only any named petitioner
for the civil no contact order and any named victim of
non-consensual sexual conduct or non-consensual sexual
penetration on whose behalf the petition is brought, but
includes any other person sought to be protected under this
Article.
(5) "Respondent" in a petition for a civil no contact
order means the defendant.
(6) "Sexual conduct" means any intentional or knowing
touching or fondling by the petitioner or the respondent,
either directly or through clothing, of the sex organs,
anus, or breast of the petitioner or the respondent, or any
part of the body of a child under 13 years of age, or any
transfer or transmission of semen by the respondent upon
any part of the clothed or unclothed body of the
petitioner, for the purpose of sexual gratification or

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arousal of the petitioner or the respondent.
(7) "Sexual penetration" means any contact, however
slight, between the sex organ or anus of one person by an
object, the sex organ, mouth or anus of another person, or
any intrusion, however slight, of any part of the body of
one person or of any animal or object into the sex organ or
anus of another person, including, but not limited to,
cunnilingus, fellatio, or anal penetration. Evidence of
emission of semen is not required to prove sexual
penetration.
(8) "Stay away" means to refrain from both physical
presence and nonphysical contact with the petitioner
directly, indirectly, or through third parties who may or
may not know of the order. "Nonphysical contact" includes,
but is not limited to, telephone calls, mail, e-mail, fax,
and written notes.
(d) For the purposes of cases involving stalking offenses,
the following terms shall have the following meanings in this
Article:
(1) "Course of conduct" means 2 or more acts,
including, but not limited to, acts in which a respondent
directly, indirectly, or through third parties, by any
action, method, device, or means follows, monitors,
observes, surveils, threatens, or communicates to or
about, a person, engages in other contact, or interferes
with or damages a person's property or pet. A course of

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conduct may include contact via electronic communications.
The incarceration of a person in a penal institution who
commits the course of conduct is not a bar to prosecution.
(2) "Emotional distress" means significant mental
suffering, anxiety, or alarm.
(3) "Contact" includes any contact with the victim,
that is initiated or continued without the victim's
consent, or that is in disregard of the victim's expressed
desire that the contact be avoided or discontinued,
including, but not limited to, being in the physical
presence of the victim; appearing within the sight of the
victim; approaching or confronting the victim in a public
place or on private property; appearing at the workplace or
residence of the victim; entering onto or remaining on
property owned, leased, or occupied by the victim; or
placing an object on, or delivering an object to, property
owned, leased, or occupied by the victim.
(4) "Petitioner" means any named petitioner for the
stalking no contact order or any named victim of stalking
on whose behalf the petition is brought.
(5) "Reasonable person" means a person in the
petitioner's circumstances with the petitioner's knowledge
of the respondent and the respondent's prior acts.
(6) "Respondent" in a petition for a civil no contact
order means the defendant.
(7) "Stalking" means engaging in a course of conduct

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directed at a specific person, and he or she knows or
should know that this course of conduct would cause a
reasonable person to fear for his or her safety or the
safety of a third person or suffer emotional distress.
"Stalking" does not include an exercise of the right to
free speech or assembly that is otherwise lawful or
picketing occurring at the workplace that is otherwise
lawful and arises out of a bona fide labor dispute,
including any controversy concerning wages, salaries,
hours, working conditions or benefits, including health
and welfare, sick leave, insurance, and pension or
retirement provisions, the making or maintaining of
collective bargaining agreements, and the terms to be
included in those agreements.
(8) "Stalking no contact order" means an ex parte or
final order granted under this Article, which includes a
remedy authorized by Section 112A-14.7 of this Code.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(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
or by a present or prior dating or sexual partner, or by a
present or prior dating or sexual partner of a person

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related by blood or by a present or prior marriage or civil
union;
(2) any minor child or dependent adult in the care of
such person;
(3) any person residing or employed at a private home
or public shelter which is housing a person an abused by a
family or household member or by a present or prior dating
or sexual partner; and
(4) any of the following persons if the person is
abused by a family or household member or by a present or
prior dating or sexual partner 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

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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; 100-639, eff. 1-1-19.)
(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence order of protection
may be filed:
(1) by a named victim who has been abused by a family
or household member or by a present or prior dating or
sexual partner;
(2) by any person or by the State's Attorney on behalf

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of a named victim who is a minor child or an adult who has
been abused by a family or household member or by a present
or prior dating or sexual partner and who, because of age,
health, disability, or inaccessibility, cannot file the
petition;
(3) by a State's Attorney on behalf of any minor child
or dependent adult in the care of the named victim, if the
named victim does not file a petition or request the
State's Attorney file the petition; or
(4) any of the following persons if the person is
abused by a family or household member or by a present or
prior dating or sexual partner 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)(4), individuals who
would have been considered "family or household members" of the
child under paragraph (3) of subsection (b) of Section 112A-3

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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 named 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;
(2) by a person or by the State's Attorney on behalf of
a named victim who is 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; or
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a named victim of stalking;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of stalking but, because of age, disability, health,
or inaccessibility, cannot file the petition; or
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if

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the named victim does not file a petition or request the
State's Attorney file the petition.
(d) The State's Attorney shall file a petition on behalf of
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, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that the
State's Attorney will not be filing the petition at that time
and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.
(d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner
and confer with the victim, unless otherwise directed by the
court. Advocates are not engaged in the unauthorized practice
of law when providing assistance to the petitioner.
(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; 100-597, eff. 6-29-18;

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100-639, eff. 1-1-19; 101-81, eff. 7-12-19.)
(725 ILCS 5/112A-5) (from Ch. 38, par. 112A-5)
Sec. 112A-5. Pleading; non-disclosure of address.
(a) A petition for a protective order shall be filed in
conjunction with a delinquency petition or criminal
prosecution, or in conjunction with imprisonment or a bond
forfeiture warrant, provided the petition names a victim of the
alleged crime. The petition may include a request for an ex
parte protective order, a final protective order, or both. The
petition shall be in writing and verified or accompanied by
affidavit and shall allege that:
(1) petitioner has been abused by respondent, who is a
family or household member or by a present or prior dating
or sexual partner;
(2) respondent has engaged in non-consensual sexual
conduct or non-consensual sexual penetration, including a
single incident of non-consensual sexual conduct or
non-consensual sexual penetration with petitioner; or
(3) petitioner has been stalked by respondent.
The petition shall further set forth whether there is any
other action between the petitioner and respondent. During the
pendency of this proceeding, the petitioner and respondent have
a continuing duty to inform the court of any subsequent
proceeding for a protective order in this State or any other
state.

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(a-5) The petition shall indicate whether an ex parte
protective order, a protective order, or both are requested. If
the respondent receives notice of a petition for a final
protective order and the respondent requests a continuance to
respond to the petition, the petitioner may, either orally or
in writing, request an ex parte order.
(b) The petitioner shall not be required to disclose the
petitioner's address. If the petition states that disclosure of
petitioner's address would risk abuse to or endanger the safety
of petitioner or any member of petitioner's family or household
or reveal the confidential address of a shelter for domestic
violence victims, that address may be omitted from all
documents filed with the court.
(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
(725 ILCS 5/115-7.4)
Sec. 115-7.4. Evidence in domestic violence cases.
(a) In a criminal prosecution in which the defendant is
accused of an offense of domestic violence as defined in
Section 112A-3 of this Act or paragraphs (1) and (3) of Section
103 of the Illinois Domestic Violence Act of 1986, or first
degree murder or second degree murder when the commission of
the offense involves domestic violence, evidence of the
defendant's commission of another offense or offenses of
domestic violence is admissible, and may be considered for its
bearing on any matter to which it is relevant.

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(b) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate
offense;
(2) the degree of factual similarity to the charged or
predicate offense; or
(3) other relevant facts and circumstances.
(c) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the
substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
(d) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct, testimony as to reputation, or testimony in the form
of an expert opinion, except that the prosecution may offer
reputation testimony only after the opposing party has offered
that testimony.
(Source: P.A. 97-1036, eff. 8-20-12.)
(725 ILCS 5/115-20)
Sec. 115-20. Evidence of prior conviction.
(a) Evidence of a prior conviction of a defendant for
domestic battery, aggravated battery committed against a
family or household member or a present or prior dating or

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sexual partner as defined in Section 112A-3, stalking,
aggravated stalking, or violation of an order of protection is
admissible in a later criminal prosecution for any of these
types of offenses when the victim is the same person who was
the victim of the previous offense that resulted in conviction
of the defendant.
(b) If the defendant is accused of an offense set forth in
subsection (a) or the defendant is tried or retried for any of
the offenses set forth in subsection (a), evidence of the
defendant's conviction for another offense or offenses set
forth in subsection (a) may be admissible (if that evidence is
otherwise admissible under the rules of evidence) and may be
considered for its bearing on any matter to which it is
relevant if the victim is the same person who was the victim of
the previous offense that resulted in conviction of the
defendant.
(c) In weighing the probative value of the evidence against
undue prejudice to the defendant, the court may consider:
(1) the proximity in time to the charged or predicate
offense;
(2) the degree of factual similarity to the charged or
predicate offense; or
(3) other relevant facts and circumstances.
(d) In a criminal case in which the prosecution intends to
offer evidence under this Section, it must disclose the
evidence, including statements of witnesses or a summary of the

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substance of any testimony, at a reasonable time in advance of
trial, or during trial if the court excuses pretrial notice on
good cause shown.
(e) In a criminal case in which evidence is offered under
this Section, proof may be made by specific instances of
conduct as evidenced by proof of conviction, testimony as to
reputation, or testimony in the form of an expert opinion,
except that the prosecution may offer reputation testimony only
after the opposing party has offered that testimony.
(Source: P.A. 90-387, eff. 1-1-98.)
Section 10. The Illinois Domestic Violence Act of 1986 is
amended by changing Sections 103 and 201 as follows:
(750 ILCS 60/103) (from Ch. 40, par. 2311-3)
Sec. 103. Definitions. For the purposes of this Act, the
following terms shall have the following meanings:
(1) "Abuse" means physical abuse, harassment, intimidation
of a dependent, interference with personal liberty or willful
deprivation but does not include reasonable direction of a
minor child by a parent or person in loco parentis.
(2) "Adult with disabilities" means an elder adult with
disabilities or a high-risk adult with disabilities. A person
may be an adult with disabilities for purposes of this Act even
though he or she has never been adjudicated an incompetent
adult. However, no court proceeding may be initiated or

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continued on behalf of an adult with disabilities over that
adult's objection, unless such proceeding is approved by his or
her legal guardian, if any.
(3) "Domestic violence" means abuse as defined in paragraph
(1) by a family or household member or by a present or prior
dating or sexual partner.
(4) "Elder adult with disabilities" means an adult
prevented by advanced age from taking appropriate action to
protect himself or herself from abuse by a family or household
member or by a present or prior dating or sexual partner.
(5) "Exploitation" means the illegal, including tortious,
use of a high-risk adult with disabilities or of the assets or
resources of a high-risk adult with disabilities. Exploitation
includes, but is not limited to, the misappropriation of assets
or resources of a high-risk adult with disabilities by undue
influence, by breach of a fiduciary relationship, by fraud,
deception, or extortion, or the use of such assets or resources
in a manner contrary to law.
(6) "Family or household members" include spouses, former
spouses, present or prior parties to a civil union, parents,
children, stepchildren and other persons related by blood or by
present or prior marriage or civil union, persons who share or
formerly shared a common dwelling, persons who have or
allegedly have a child in common, persons who share or
allegedly share a blood relationship through a child, persons
who have or have had a dating or engagement relationship,

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persons with disabilities and their personal assistants, and
caregivers as defined in Section 12-4.4a of the Criminal Code
of 2012. For purposes of this paragraph, neither a casual
acquaintanceship nor ordinary fraternization between 2
individuals in business or social contexts shall be deemed to
constitute a dating relationship. In the case of a high-risk
adult with disabilities, "family or household members"
includes any person who has the responsibility for a high-risk
adult as a result of a family relationship or who has assumed
responsibility for all or a portion of the care of a high-risk
adult with disabilities voluntarily, or by express or implied
contract, or by court order.
(7) "Harassment" means knowing conduct which is not
necessary to accomplish a purpose that is reasonable under the
circumstances; would cause a reasonable person emotional
distress; and does cause emotional distress to the petitioner.
Unless the presumption is rebutted by a preponderance of the
evidence, the following types of conduct shall be presumed to
cause emotional distress:
(i) creating a disturbance at petitioner's place of
employment or school;
(ii) repeatedly telephoning petitioner's place of
employment, home or residence;
(iii) repeatedly following petitioner about in a
public place or places;
(iv) repeatedly keeping petitioner under surveillance

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by remaining present outside his or her home, school, place
of employment, vehicle or other place occupied by
petitioner or by peering in petitioner's windows;
(v) improperly concealing a minor child from
petitioner, repeatedly threatening to improperly remove a
minor child of petitioner's from the jurisdiction or from
the physical care of petitioner, repeatedly threatening to
conceal a minor child from petitioner, or making a single
such threat following an actual or attempted improper
removal or concealment, unless respondent was fleeing an
incident or pattern of domestic violence; or
(vi) threatening physical force, confinement or
restraint on one or more occasions.
(8) "High-risk adult with disabilities" means a person aged
18 or over whose physical or mental disability impairs his or
her ability to seek or obtain protection from abuse, neglect,
or exploitation.
(9) "Interference with personal liberty" means committing
or threatening physical abuse, harassment, intimidation or
willful deprivation so as to compel another to engage in
conduct from which she or he has a right to abstain or to
refrain from conduct in which she or he has a right to engage.
(10) "Intimidation of a dependent" means subjecting a
person who is dependent because of age, health or disability to
participation in or the witnessing of: physical force against
another or physical confinement or restraint of another which

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constitutes physical abuse as defined in this Act, regardless
of whether the abused person is a family or household member.
(11) (A) "Neglect" means the failure to exercise that
degree of care toward a high-risk adult with disabilities which
a reasonable person would exercise under the circumstances and
includes but is not limited to:
(i) the failure to take reasonable steps to protect a
high-risk adult with disabilities from acts of abuse;
(ii) the repeated, careless imposition of unreasonable
confinement;
(iii) the failure to provide food, shelter, clothing,
and personal hygiene to a high-risk adult with disabilities
who requires such assistance;
(iv) the failure to provide medical and rehabilitative
care for the physical and mental health needs of a
high-risk adult with disabilities; or
(v) the failure to protect a high-risk adult with
disabilities from health and safety hazards.
(B) Nothing in this subsection (10) shall be construed to
impose a requirement that assistance be provided to a high-risk
adult with disabilities over his or her objection in the
absence of a court order, nor to create any new affirmative
duty to provide support to a high-risk adult with disabilities.
(12) "Order of protection" means an emergency order,
interim order or plenary order, granted pursuant to this Act,
which includes any or all of the remedies authorized by Section

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214 of this Act.
(13) "Petitioner" may mean not only any named petitioner
for the order of protection and any named victim of abuse on
whose behalf the petition is brought, but also any other person
protected by this Act.
(14) "Physical abuse" includes sexual abuse and means any
of the following:
(i) knowing or reckless use of physical force,
confinement or restraint;
(ii) knowing, repeated and unnecessary sleep
deprivation; or
(iii) knowing or reckless conduct which creates an
immediate risk of physical harm.
(14.5) "Stay away" means for the respondent to refrain from
both physical presence and nonphysical contact with the
petitioner whether direct, indirect (including, but not
limited to, telephone calls, mail, email, faxes, and written
notes), or through third parties who may or may not know about
the order of protection.
(15) "Willful deprivation" means wilfully denying a person
who because of age, health or disability requires medication,
medical care, shelter, accessible shelter or services, food,
therapeutic device, or other physical assistance, and thereby
exposing that person to the risk of physical, mental or
emotional harm, except with regard to medical care or treatment
when the dependent person has expressed an intent to forgo such

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medical care or treatment. This paragraph does not create any
new affirmative duty to provide support to dependent persons.
(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
(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
or by a present or prior dating or sexual partner, or by a
present or prior dating or sexual partner of a person
related by blood or by a present or prior marriage or civil
union;
(ii) any high-risk adult with disabilities who is
abused, neglected, or exploited by a family or household
member or by a present or prior dating or sexual partner;
(iii) any minor child or dependent adult in the care of
such person;
(iv) any person residing or employed at a private home
or public shelter which is housing a person an abused by a
family or household member or by a present or prior dating
or sexual partner; and
(v) any of the following persons if the person is
abused by a family or household member or a present or
prior dating or sexual partner of a child:
(A) a foster parent of that child if the child has
been placed in the foster parent's home by the

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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 a present or prior dating or sexual
partner, or by any person on behalf of a minor child or an
adult who has been abused by a family or household member
or by a present or prior dating or sexual partner and who,
because of age, health, disability, or inaccessibility,
cannot file the petition;
(ii) by any person on behalf of a high-risk adult with
disabilities who has been abused, neglected, or exploited

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by a family or household member or by a present or prior
dating or sexual partner; or
(iii) any of the following persons if the person is
abused by a family or household member or by a present or
prior dating or sexual partner 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.
(c) Any petition properly filed under this Act may seek
protection for any additional persons protected by this Act.
(d) For purposes of this Act, "dating or sexual partner"
means a present or prior partner in a dating, sexual, or

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engagement relationship, irrespective of the duration,
seriousness, intimacy, or romantic focus of the courtship or
relationship.
(Source: P.A. 100-639, eff. 1-1-19.)