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Recent Legislation
New Domestic Violence Laws
Over the past year, there has been a considerable amount of legislation passed which affects our work and the rights of victims. Below is a recap of the more significant ones:
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PA 96-363 (HB 594) Amends 720 ILCS 5/12-3.3
- Effective 8-13-2009 -
Makes strangulation of a family or household member aggravated domestic battery. This defines strangulation as “intentionally impeding the normal breathing or circulation of the blood…by applying pressure to throat or neck”. This crime is a class 2 felony requiring at least 60 days imprisonment. Subsequent convictions require 3-14 years imprisonment.
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PA 96-0635 (SB 1770) Amends 820 ILCS 180/5
- Effective 8-24-2009 -
Amends the Victims’ Economic Security and Safety Act (VESSA) which provides protections to help violence survivors keep their jobs and provides leave for survivors to obtain orders of protection and no contact orders, seek medical and legal assistance, look for housing to escape the abuse, etc. This amendment expands the number of employers covered by VESSA: it now applies to any company or person which employs at least 15 employees. Employees working for employer with at least 15 but fewer than 50 employees are entitled to 8 work weeks of leave during a 12 month period. Employees at larger companies, with at least 50 employees, are entitled to 12 workweeks of leave during a 12 month period.
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PA 96-688 (HB 2660) Amends 730 ILCS 5/5-8A-7 & 725 ILCS 5/110-5
- Effective 8-25-2009 -
This amends the Cindy Bischof law. Allows, but does not require, a judge to order a domestic abuser to have a risk assessment evaluation. This expands the types of agencies which can perform the evaluation to include partner abuse intervention program providers, pretrial services, probation, or parole agencies. Codifies factors the court must look at when setting bail. Sets requirements for technology used in the electronic surveillance of domestic abusers. This allows electronic surveillance of offenders on bail or probation for violation of an order of protection. This requires electronic surveillance when released from prison of those convicted of violation of an order of protection.
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PA 96-246 (HB 693) Creates 740 ILCS 21
- Effective 1-1-2010 -
The law creates a no contact order to protect those not covered under existing Illinois Domestic Violence Act orders of protection or sexual assault civil no contact order laws. Under the new law, those who did not have a previous relationship with the offender and those who were not a victim of sexual assault can seek a stalking no contact order (SNCO).
With a stalking no contact order, the court can prohibit many stalking behaviors, including:
- prohibit the respondent from committing or threatening stalking;
- order the respondent to have no contact with the victim;
- prohibit the respondent from coming within a specific distance of the victim’s home, school, workplace or other places frequented by the victim;
- prohibit the respondent from possessing firearms or a FOID card;
- order other injunctive relief the court determines is necessary to protect the petitioner or a third party named by the court.
The new SNCO law also allows the court to award the victim attorney’s fees and costs if a stalking no contact order is granted.
The new SNCO definition of stalking mirrors the updated criminal stalking law, which criminalizes any course of conduct that causes a reasonable person to fear for his or her safety or suffer emotional distress. Under this new law, the reasonable person is defined as a person in the victim’s situation, which requires courts to consider the victim’s knowledge of the offender and the context of the stalker’s behaviors.
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PA 96-282 (HB 2541) Creates 730 ILCS 5/3-14-7 & Amends 730 ILCS 5/3-14-2
- Effective 1-1-2010 -
This creates the Mersaides McCauley Act targeting repeat domestic offenders. Requires the Department of Corrections to take action against offenders as soon as they commit another domestic or sexual offense. The Department must issue a parole violation warrant upon the request of a parole officer when an offender on parole or mandatory supervised release is charged with certain crimes, including domestic battery, aggravated domestic battery, stalking, aggravated stalking, violation of order of protection or any offense that would require registration as a sex offender. Also requires longer and specialized supervision for domestic offenders:
Extends the term of mandatory supervised release to 4 years for offenders convicted of domestic battery, aggravated domestic battery, stalking, aggravated stalking or violation of an order of protection, up from 2 years.
Parole agents assigned to supervise domestic abusers are required to receive at least 40 hours of training in domestic violence and partner abuse intervention.
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PA 96-686 (HB 2542) Amends 720 ILCS 5/12-7.3 & 7.4
- Effective 1-1-2010 -
This updates the crimes of stalking and cyberstalking. Under the new law, a person commits stalking when he or she engages in any course of conduct that causes a reasonable person to fear for his or her safety or the safety of another person, or to suffer emotional distress. The reasonable person is defined “as a person in the victim’s situation”, which requires the courts to consider the victim’s knowledge of the offender and the context of the stalker’s behaviors. The new law criminalizes any “course of conduct” which is broadly defined and covers many common stalking tactics. The new law significantly simplifies identifying and proving stalking and cyberstalking. Previously, the law required two or more incidents of following or surveillance plus an explicit or implicit threat of serious injury to the victim or someone in her or his family. The new eliminates the threat requirement; recognizing that not all stalking or cyberstalking involves a specific threat.
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PA 96-651 (SB 145) Amends 725 ILCS 5/112A-22
- Effective 1-1-2010 -
This allows order of protection petitioners to request the clerk of court to send notice of an order of protection to a health care facility or schools. Prohibits the health care facility or school from disclosing information contained within the order to respondent, unless and until the order expires or is vacated.
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PA 96-383 (HB 973) Amends 105 ILCS 110/3
- Effective 1-1-2010 -
This adds teen dating violence to the list of topics which may be covered in a Comprehensive Health Program for grades 8 - 12.
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PA 96-701 (HB3991) Amends 430 ILCS65/8
- Effective 1-1-2010 -
This amends the Illinois Firearm Owners Identification (FOID) Card Act. Requires the Illinois State Police (ISP) to deny or revoke a FOID card when the owner is subject to an order of protection. Office of Illinois Attorney General Lisa Madigan Policy Division
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(HB 3991) Amends 750 ILCS 60/214-14.5(a)
- Effective 1-1-2010 -
This amends three current laws—the Firearm Owners Identification Card Act, the Domestic Violence Article of the Code of Criminal Procedure of 1963, and the Illinois Domestic Violence Act of 1986. It amends the Domestic Violence Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986 to provide that if the court finds that there is any danger of the illegal use of firearms, and the respondent to the order of protection is present in court, the court will order the respondent to turn over the FOID—in addition to any firearms which current law already requires to be turned over—to the local law enforcement agency for safekeeping. If the respondent is not present in court, the judge will issue a warrant for seizure of the respondent’s firearms and FOID.
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Click here to view the Illinois Domestic Violence Act »»
Click here to access the Call for Action page »»
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If you are in immediate danger, CALL 911
INTERNET SAFETY WARNING: Communication over the Internet is not confidential
and can be traced. For more information about Internet safety click here.
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"I am only me; but still I am one. I cannot do everything, but still I can do something, I will not refuse to do something I can do."
Helen Keller
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