Illinois Legislation
2009-2013
Domestic Violence (1)

2009
 30 ILCS 105/5.710
 725 ILCS 5/110-5
 730 ILCS 5/5-8A-7 & 5-9-1.16
- Respondent must undergo Risk Assessment Evaluation
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under certain conditions.
Evaluations to be conducted by PAIP, Probation, Parole or
Pretrial Services with access to defendant’s criminal history.
Electronic Surveillance may be ordered.
Breach of court order must be communicated to victim.
Fees assessed to pay for surveillance program administered
by Probation.
Domestic Violence (2)

2012
 720 ILCS 5/12-6.2
 725 ILCS 5/115-7.4
 Prior domestic violence offenses are admissible
when defendant accused of 1st or 2nd degree murder.
Firearms (1)

2009
 720 ILCS 5/12-3.2 & 12-3.3
 730 ILCS 5/5-6-3
 Conviction of Domestic Battery or Aggravated
Domestic Battery subject to federal penalties for
possession, etc. of firearm or ammo.
Firearms (2)

2010
 430 ILCS 65/8
 430 ILCSS 65/8.2 new
 725 ICS 5/112A-14
 750 ILCS 60/214
 750 ILCS 60/217
 ISP revokes & seizes or denies FOID if applicant is under
existing OP
 Provides for disposal of firearms if can’t be returned to
respondent
Firearms (3)

2012
 430 ILCS 65/8
 430 ILCSS 65/8.2 new
 725 ICS 5/112A-14
 750 ILCS 60/214
 750 ILCS 60/217
 Respondent shall not possess firearms & must surrender
FOID card for duration of OP
 Respondent shall not harass, stalk or threaten intimate
partner or child
Firearms (4)

2012
 430 ILCS 65/4
 430 ILCS 65/8
 725 ILCS 5/112A-14
 750 ILCS 60/214
- Statutes amend procedures for notifying ISP of changes in
address, name, etc.
- Grants new residents of IL 60 days to apply for FOID card.
- Can deny FOID application if convicted of DV, agg. DV,
similar offense in another jurisdiction.
- Mental Health & Disabilities Code provides that person
adjudicated as mental defective, Circuit Clerk will
immediately notify ISP, FOID
Firearms (5)

2013
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20 ILCS 2630/2.2 new
405 ILCS5/6-103.1 new
430 ILCS 65/2, 6, 8, 8.1, 9, 10, 11, 13.2, 14
725 ILCS 5/104-26, 112A-11.1 new, 112A-11-2 new, 112A-14
730 ILCS 5/5-6-3
740 ILCS 21/80
750 ILCS 60/214
 Defendant may not possess firearm when offense is felony or
involved intentional infliction of bodily harm or threat of bodily
harm
 Ensures that Illinois firearm regulations comply with federal
law concerning reporting requirements to the ISP so those with
order of protection against them cannot obtain a FOID card
Probation & Parole

2009
 730 ILCS 5/3-3-7

2010
 730 ILCS 5/3-14-2
 730 ILCS 5/3-14-7 new
 730 ILCS 5/5-8-1
 Parole Terms for felony domestic battery, aggravated
domestic battery, stalking, aggravated stalking, felony
violation of order of protection
 Parole officers must have completed 40 hours of domestic
violence and partner abuse intervention training
Crime Victims (1)

2010
 725 ILCS 120/3
 730 ILCS 5/3-3-2
 730 ILCS 5/3-3-4
 730 ILCS 5/3-3-5

2011
 725 ILCS 120/8.5
 established statewide victim notification system
Crime Victims (2)

2013
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50 ILCS 705/7
725 ILCS 120/4 & 120/4.5
730 ILCS 5/5-5-6
740 ILCS 45/2, 4.1, 6.1, 7.1, 10.1, 10.2, 13.1, 17, 18
770 ILCS 23/30
 Provides for training LE in techniques to promote effective
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communication with crime victims to explain their rights.
Law enforcement must provide victims written notification of rights
within 48 hrs of initial contact.
Crime of Violence Offenses added to Criminal Code: death of
unborn child, SNCO, CNCO
Describes pecuniary loss, including funerary expense, loss of
earnings, compensation to a max of $1,250/mo
Adjusts crime victim compensation procedures in hopes of
increased rate of payment into Crime Victim Compensation Act
Fund.
Elder Abuse (1)

2010
 320 ILCS 20/2, 3, 3.5, 4
 725 ILCS 5/111-4
 225 ILCS 80/24
 Dept. on Aging provides financial institutions with training
material concerning financial exploitation of elderly.
 Self-neglect includes compulsive hoarding.
 Provides that Dept. on Aging provides temporary housing,
counseling & caseworker services during cleanup & repair
for age 60 & over.
 Optometrist has duty to report suspected elder abuse & may
be disciplined if fails to do so.
Elder Abuse (2)

2012
 730 ILCS 5/5-5-6
 320 ILCS 20/4
 Financial exploitation of elderly or disabled: Class 1 felony if
property value is $50,000 or more.
 Dept on Aging or agency receiving elder abuse reports may
establish a manner of reporting through internet reporting
tool
Elder Abuse (3)

2013
 50 ILCS 705/7
 720 ILCS 5/17-56
 Requires that law enforcement training include
courses in recognizing crimes against elderly
 Prosecutor can freeze defendant’s assets up to
amount taken from elderly victim
 Provides that law enforcement and fire departments
may access all records generated as result of elder
abuse report
Persons with Disabilities

2010
 815 ILCS 515/5
 Home repair fraud of disabled: aggravated home
repair fraud = class 3 & class 2 felonies

2013
 Expands the definition of “intimidation” relating to
financial exploitation of the elderly & people with
disabilities to include criminal intimidation
Veterans

2010
 730 ILCS 5/5-4-1
 55 ILCS 5/5-1101
 At presentence, court shall inquire as to whether
defendant is active military or veteran diagnosed with
mental illness: 1. court will consult with VA regarding
treatment options; 2. consider treatment options
during sentencing
 Provides for establishment of Veterans Court by Chief
Judge & provides for treatment of defendant
 $10 fee paid on a judgement goes toward finance of
Veterans Court
Veterans

2012
 730 ILCS 166/10
 730 ILCS 167/10, 15 & 20
 730 ILCS 168/10 & 20
 740 ILCS 110/9.2
 Drug Court, Veterans Court & Mental Health Court
definitions & changes
 Defendants mental health records/communications may be
shared by professionals for admission, treatment, planning,
discharge

2013
 Law enforcement agencies required to conduct police
officer training programs on Post Traumatic Stress Disorder
Visitation (1)

2009
 720 ILCS 5/10-5.5
 750 ILCS 5/605.1
 Unlawful visitation or parenting time interference/custody
time interference cross-reference to Dissolution of marriage
Act
Visitation (2)

2012
 625 ILCS 5/7-701, 7-702, 7-702.1, 7-703, 7-704,
7-705, 7-705.2 new, 7-706 & 7-708
 750 ILCS 5/607.1
 Secretary of State may suspend license of person convicted
of visitation abuse
 Upon compliance, drivers license can be reinstated
 Makes visitation abuse a petty offense with possible $500
fine for each incident
Child Abuse (1)

2010
 325 ILCS 5/3
 705 ILCS 405/2-28 & 2-34
 730 ILCS 154/5
 HB-6642, Public Act 96-1464 ton of changes
 Definition of “abused child” includes parent or
household member who allows, encourages or
requires a minor to commit any act of prostitution
 Returning child home: findings must be remedied
before child can be returned to home
 Baby Shaking = “violent offender against youth”
Child Abuse (2)

2011
 730 ILCS 154/5
 “Violent Offender Against Youth”: involuntary
manslaughter where baby shaking was proximate
cause of death of victim
 Includes in definition of “violent offense against
youth” the aggravated battery of an unborn child
Child Abuse (3)

2012
 325ILCS 5/3
 720 ILCS 5/10-5
 Subject of report = alleged victim of child abuse or
neglect
 “neglected child” includes blatant disregard of parent
or caretaker responsibilities that may result in likely
harm
 Child Abduction – luring; without express consent of
parent or lawful caretaker
Child Abuse (4)

2012
 105 ILCS 5/22-20
 705 ILCS 405/1-7 & 5-905
 Juvenile Records Release: law enforcement may
release records concerning offenses including
aggravate assault, aggravated battery, battery of an
unborn child, domestic battery, violation of OP,
stalking, & cyberstalking.
 These records shall be kept separate from official
school record & be used for safety of students &
employees.
Mandated Reporting

2012
 325 ILCS 5/4
 325 ILCS 5/7
 325 ILCS 5/10
 Adds personnel of institutions of higher education,
athletic program personnel, and early intervention
providers to list of mandated reporters
 Abortion clinic staff are mandated reporters of child
abuse
 Privileged communication between professional
mandated reporters & their client must be shared with
DCFS during course of an investigation if child
abuse/neglect is indicated
Stalking (1)

2010
 720 ILCS 5/12-7.3, 12-7.4, 12-7.5
 Definition: Course of conduct that causes a reasonable
person to: 1. fear for safety of themselves or third person or
2. suffer other emotional distress
 Using electronic communication = cyberstalking
 Aggravated stalking is violation of Civil No Contact Order or
Stalking No Contact Order

2011
 720 ILCS 5/12-7.3, 12-7.4, 12-7.5, 12-30
 Provides that person directing 3rd party to commit acts of
stalking can also be held liable
Stalking (2)

2012
 720 ILCS 5/12-7.4
 Can be charged as Aggravated Stalking when person is
also required to register under Sex Offender Registration
Act
Civil No Contact Orders
(CNCOs)

2010
 740 ILCS 22/101.1 new
 740 ILCS 22/103, 201, 204.2 new
 740 ILCS 22/212, 213, 213.7 new
 740 ILCS 22/215.5 new
 740 ILCS 22/216, 217, 220 new
 Protected party is victim, family or household member or
employee or volunteer at rape crisis center providing
services
 Provides for extension of CNCO
 Provides for enforcement of CNCO across state lines
Stalking No Contact Orders &
Orders of Protection

2010
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Stalking No Contact Order
725 ILCS 5/112A-22
750 ILCS 60/222 & 602.1
725 ILCS 5/112A-17
750 ILCS 60/217
 Stalking No Contact Order (SNCO) created
 Certified copy of Order of Protection (OP) sent to
child(ren)’s school & healthcare provider within 24 hours at
request of petitioner
 Emergency OP issued when court is not in session: Judge
conveys order to sheriff to be entered into LEADS
OPs, SNCOs, CNCOs (1)

2011
 725 ILCS 5/112A-14 & 112A-17
 750 ILCS 60/214
 750 ILCS 60/217
 Remedy: grant exclusive possession of residence to
petitioner
 Remedies on EOP: issued when court not in session,
Judge will convey order to sheriff to enter into LEADS;
case is certified by clerk on next business day
 Remedies for OP: prohibition of firearm possession
OPs, SNCOs, CNCOs (2)

2012
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720 ILCS 5/12-3.4
740 ILCS 21/80
740 ILCS 22/213, 220
750 ILCS 60/214, 223
 Violation of order is Class 4 Felony if defendant has prior
convictions in another jurisdiction for offense that could be
charged in IL as prior qualifying offense for felony
 Can require Respondent to change schools if attending same
school as Petitioner. Can require parents or guardians to be
responsible for any associated costs.
 May hold parents or guardians responsible for actions of
minors in violation of order if encouraging or participating in
behavior
OPs, SNCOs, CNCOs (3)

2013
 725 ILCS 5/112A-22
 740 ILCS 21/115 & 117 new
 740 ILCS 22/218 & 218.1 new
 750 ILCS 60/222
 Sheriff must inform DOC if inmate or parolee is subject
to OP, SNCO, CNCO
 Allows sheriff or other officers to serve short form
notices of CNCO & SNCO
Miscellaneous

Human Rights
 2010
○ 775 ILCS 5/1-102 & 1-103
- Full Faith & Credit: order of protection status is
recognized across state lines

Strangulation
 2009
○ 720 ILCS 5/12-3.3 & 12-4
- During domestic battery, strangulation =
aggravated domestic battery
This project was supported by Grant #2011-WE-AX-0055, awarded
by the Office on Violence Against Women, U.S. Department of
Justice, through the Illinois Violence Prevention Authority.
Points of view, opinions, findings, conclusions or recommendations
contained within this document are those of the author and do not
necessarily represent the official position or policies of the U.S.
Department of Justice, Office on Violence Against Women, Illinois
Violence Prevention Authority, or the Illinois Criminal Justice
Information Authority.