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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,
3
represented in the General Assembly:
4
Section 5.
The Code of Criminal Procedure of 1963 is
5
amended 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
9
Section, the court shall grant the petition and enter a
10
protective order if the court finds prima facie evidence that
11
a crime involving domestic violence, a sexual offense, or a
12
crime involving stalking has been committed. The following
13
shall 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
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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
14
crime under paragraph (1) of subsection (a) of this Section by
15
presenting evidence of a meritorious defense. The respondent
16
shall file a written notice alleging a meritorious defense
17
which shall be verified and supported by affidavit. The
18
verified notice and affidavit shall set forth the evidence
19
that will be presented at a hearing. If the court finds that
20
the evidence presented at the hearing establishes a
21
meritorious defense by a preponderance of the evidence, the
22
court may decide not to issue a protective order.
23
(b) The petitioner shall not be denied a protective order
24
because the petitioner or the respondent is a minor
or solely
25
upon the basis that the respondent or petitioner is
26
incarcerated in a penal institution at the time of the
HB4741 Enrolled
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LRB104 17796 JRC 31229 b
1
issuance of the order
.
2
(c) The court, when determining whether or not to issue a
3
protective order, may not require physical injury on the
4
person of the victim.
5
(d) If the court issues a final protective order under
6
this Section, the court shall afford the petitioner and
7
respondent an opportunity to be heard on the remedies
8
requested 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
11
amended 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
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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
20
only:
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
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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
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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
9
solely upon the basis that the respondent or petitioner is
10
incarcerated in a penal institution at the time of the filing
11
of the petition.
12
(c) Any petition properly filed under this Act may seek
13
protection 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
16
becoming law.
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