Illinois 2023-2024 Regular Session

Illinois House Bill HB5654 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5654 Introduced 2/9/2024, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.1015 new30 ILCS 105/6z-140 new750 ILCS 60/103 from Ch. 40, par. 2311-3750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/212 from Ch. 40, par. 2312-12 Amends the Illinois Domestic Violence Act of 1986. Includes, in the definition of "abuse", the following: (i) coercive control that is a pattern of threatening, humiliating, or intimidating actions to harm an individual, stripping away the individual's sense of self and making the individual dependent by isolating, exploiting, and regulating the individual's behavior; (ii) emotional distress that undermines an individual's self-worth and self-esteem through constant criticism, diminishing abilities, and damaging relationships; (iii) psychological abuse that causes fear by intimidation, threatening harm, destroying property, and forcing isolation; as part of coercive control, it is a pattern of actions to harm, punish, or frighten that involves isolation, financial control, and coercion; and (iv) physical abuse or assault that includes actions such as hitting, slapping, and denying medical care. Requires that courts offer the option of a remote hearing to a petition for an order of protection that is now limited to counties with a population of more than 250,000. Amends the State Finance Act. Creates the Domestic Violence Victims' Expense Fund as a special fund in the State treasury for the purpose of assisting domestic violence victims in covering the expense of traveling to and from and participating in the domestic violence proceedings. LRB103 36095 LNS 66185 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5654 Introduced 2/9/2024, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED: 30 ILCS 105/5.1015 new30 ILCS 105/6z-140 new750 ILCS 60/103 from Ch. 40, par. 2311-3750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/212 from Ch. 40, par. 2312-12 30 ILCS 105/5.1015 new 30 ILCS 105/6z-140 new 750 ILCS 60/103 from Ch. 40, par. 2311-3 750 ILCS 60/205 from Ch. 40, par. 2312-5 750 ILCS 60/212 from Ch. 40, par. 2312-12 Amends the Illinois Domestic Violence Act of 1986. Includes, in the definition of "abuse", the following: (i) coercive control that is a pattern of threatening, humiliating, or intimidating actions to harm an individual, stripping away the individual's sense of self and making the individual dependent by isolating, exploiting, and regulating the individual's behavior; (ii) emotional distress that undermines an individual's self-worth and self-esteem through constant criticism, diminishing abilities, and damaging relationships; (iii) psychological abuse that causes fear by intimidation, threatening harm, destroying property, and forcing isolation; as part of coercive control, it is a pattern of actions to harm, punish, or frighten that involves isolation, financial control, and coercion; and (iv) physical abuse or assault that includes actions such as hitting, slapping, and denying medical care. Requires that courts offer the option of a remote hearing to a petition for an order of protection that is now limited to counties with a population of more than 250,000. Amends the State Finance Act. Creates the Domestic Violence Victims' Expense Fund as a special fund in the State treasury for the purpose of assisting domestic violence victims in covering the expense of traveling to and from and participating in the domestic violence proceedings. LRB103 36095 LNS 66185 b LRB103 36095 LNS 66185 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5654 Introduced 2/9/2024, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 105/5.1015 new30 ILCS 105/6z-140 new750 ILCS 60/103 from Ch. 40, par. 2311-3750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/212 from Ch. 40, par. 2312-12 30 ILCS 105/5.1015 new 30 ILCS 105/6z-140 new 750 ILCS 60/103 from Ch. 40, par. 2311-3 750 ILCS 60/205 from Ch. 40, par. 2312-5 750 ILCS 60/212 from Ch. 40, par. 2312-12
4	4	30 ILCS 105/5.1015 new
5	5	30 ILCS 105/6z-140 new
6	6	750 ILCS 60/103 from Ch. 40, par. 2311-3
7	7	750 ILCS 60/205 from Ch. 40, par. 2312-5
8	8	750 ILCS 60/212 from Ch. 40, par. 2312-12
9	9	Amends the Illinois Domestic Violence Act of 1986. Includes, in the definition of "abuse", the following: (i) coercive control that is a pattern of threatening, humiliating, or intimidating actions to harm an individual, stripping away the individual's sense of self and making the individual dependent by isolating, exploiting, and regulating the individual's behavior; (ii) emotional distress that undermines an individual's self-worth and self-esteem through constant criticism, diminishing abilities, and damaging relationships; (iii) psychological abuse that causes fear by intimidation, threatening harm, destroying property, and forcing isolation; as part of coercive control, it is a pattern of actions to harm, punish, or frighten that involves isolation, financial control, and coercion; and (iv) physical abuse or assault that includes actions such as hitting, slapping, and denying medical care. Requires that courts offer the option of a remote hearing to a petition for an order of protection that is now limited to counties with a population of more than 250,000. Amends the State Finance Act. Creates the Domestic Violence Victims' Expense Fund as a special fund in the State treasury for the purpose of assisting domestic violence victims in covering the expense of traveling to and from and participating in the domestic violence proceedings.
10	10	LRB103 36095 LNS 66185 b LRB103 36095 LNS 66185 b
11	11	LRB103 36095 LNS 66185 b
12	12	A BILL FOR
13	13	HB5654LRB103 36095 LNS 66185 b HB5654 LRB103 36095 LNS 66185 b
14	14	HB5654 LRB103 36095 LNS 66185 b
15	15	1 AN ACT concerning civil law.
16	16	2 Be it enacted by the People of the State of Illinois,
17	17	3 represented in the General Assembly:
18	18	4 Section 5. The State Finance Act is amended by adding
19	19	5 Section 5.1015 and 6z-140 as follows:
20	20	6 (30 ILCS 105/5.1015 new)
21	21	7 Sec. 5.1015. The Domestic Violence Victims' Expense Fund.
22	22	8 (30 ILCS 105/6z-140 new)
23	23	9 Sec. 6z-140. Domestic Violence Victims' Expense Fund. The
24	24	10 Domestic Violence Victims' Expense Fund is created as a
25	25	11 special fund in the State treasury. In addition to any other
26	26	12 amounts deposited into the Fund, there shall be deposited into
27	27	13 the Fund all moneys donated to the State by private
28	28	14 individuals or entities for purposes for which moneys in the
29	29	15 Fund may be used as provided in this Section. Subject to
30	30	16 appropriations, the Department of Children and Family Services
31	31	17 shall use moneys in the Fund to make grants to defray the
32	32	18 reasonable and necessary travel expenses of victims of
33	33	19 domestic violence to participate and travel to domestic
34	34	20 violence proceedings. The Department shall adopt rules
35	35	21 necessary for making grants under this Section.
36	36
37	37
38	38
39	39	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5654 Introduced 2/9/2024, by Rep. Stephanie A. Kifowit SYNOPSIS AS INTRODUCED:
40	40	30 ILCS 105/5.1015 new30 ILCS 105/6z-140 new750 ILCS 60/103 from Ch. 40, par. 2311-3750 ILCS 60/205 from Ch. 40, par. 2312-5750 ILCS 60/212 from Ch. 40, par. 2312-12 30 ILCS 105/5.1015 new 30 ILCS 105/6z-140 new 750 ILCS 60/103 from Ch. 40, par. 2311-3 750 ILCS 60/205 from Ch. 40, par. 2312-5 750 ILCS 60/212 from Ch. 40, par. 2312-12
41	41	30 ILCS 105/5.1015 new
42	42	30 ILCS 105/6z-140 new
43	43	750 ILCS 60/103 from Ch. 40, par. 2311-3
44	44	750 ILCS 60/205 from Ch. 40, par. 2312-5
45	45	750 ILCS 60/212 from Ch. 40, par. 2312-12
46	46	Amends the Illinois Domestic Violence Act of 1986. Includes, in the definition of "abuse", the following: (i) coercive control that is a pattern of threatening, humiliating, or intimidating actions to harm an individual, stripping away the individual's sense of self and making the individual dependent by isolating, exploiting, and regulating the individual's behavior; (ii) emotional distress that undermines an individual's self-worth and self-esteem through constant criticism, diminishing abilities, and damaging relationships; (iii) psychological abuse that causes fear by intimidation, threatening harm, destroying property, and forcing isolation; as part of coercive control, it is a pattern of actions to harm, punish, or frighten that involves isolation, financial control, and coercion; and (iv) physical abuse or assault that includes actions such as hitting, slapping, and denying medical care. Requires that courts offer the option of a remote hearing to a petition for an order of protection that is now limited to counties with a population of more than 250,000. Amends the State Finance Act. Creates the Domestic Violence Victims' Expense Fund as a special fund in the State treasury for the purpose of assisting domestic violence victims in covering the expense of traveling to and from and participating in the domestic violence proceedings.
47	47	LRB103 36095 LNS 66185 b LRB103 36095 LNS 66185 b
48	48	LRB103 36095 LNS 66185 b
49	49	A BILL FOR
50	50
51	51
52	52
53	53
54	54
55	55	30 ILCS 105/5.1015 new
56	56	30 ILCS 105/6z-140 new
57	57	750 ILCS 60/103 from Ch. 40, par. 2311-3
58	58	750 ILCS 60/205 from Ch. 40, par. 2312-5
59	59	750 ILCS 60/212 from Ch. 40, par. 2312-12
60	60
61	61
62	62
63	63	LRB103 36095 LNS 66185 b
64	64
65	65
66	66
67	67
68	68
69	69
70	70
71	71
72	72
73	73	HB5654 LRB103 36095 LNS 66185 b
74	74
75	75
76	76	HB5654- 2 -LRB103 36095 LNS 66185 b HB5654 - 2 - LRB103 36095 LNS 66185 b
77	77	HB5654 - 2 - LRB103 36095 LNS 66185 b
78	78	1 Section 10. The Illinois Domestic Violence Act of 1986 is
79	79	2 amended by changing Sections 103, 205, and 212 as follows:
80	80	3 (750 ILCS 60/103) (from Ch. 40, par. 2311-3)
81	81	4 Sec. 103. Definitions. For the purposes of this Act, the
82	82	5 following terms shall have the following meanings:
83	83	6 (1) "Abuse" means any of the following:
84	84	7 (A) Coercive control that is a pattern of threatening,
85	85	8 humiliating, or intimidating actions to harm an
86	86	9 individual, stripping away the individual's sense of self
87	87	10 and making the individual dependent by isolating,
88	88	11 exploiting, and regulating the individual's behavior.
89	89	12 (B) Emotional distress that undermines an individual's
90	90	13 self-worth and self-esteem through constant criticism,
91	91	14 diminishing abilities, and damaging relationships.
92	92	15 (C) Psychological abuse that causes fear by
93	93	16 intimidation, threatening harm, destroying property, and
94	94	17 forcing isolation. As part of coercive control, it is a
95	95	18 pattern of actions to harm, punish, or frighten that
96	96	19 involves isolation, financial control, and coercion.
97	97	20 (D) Physical abuse or assault that includes actions
98	98	21 such as hitting, slapping, and denying medical care
99	99	22 physical abuse, harassment, intimidation of a dependent,
100	100	23 interference with personal liberty or willful deprivation
101	101	24 but does not include reasonable direction of a minor child
102	102	25 by a parent or person in loco parentis.
103	103
104	104
105	105
106	106
107	107
108	108	HB5654 - 2 - LRB103 36095 LNS 66185 b
109	109
110	110
111	111	HB5654- 3 -LRB103 36095 LNS 66185 b HB5654 - 3 - LRB103 36095 LNS 66185 b
112	112	HB5654 - 3 - LRB103 36095 LNS 66185 b
113	113	1 (2) "Adult with disabilities" means an elder adult with
114	114	2 disabilities or a high-risk adult with disabilities. A person
115	115	3 may be an adult with disabilities for purposes of this Act even
116	116	4 though he or she has never been adjudicated an incompetent
117	117	5 adult. However, no court proceeding may be initiated or
118	118	6 continued on behalf of an adult with disabilities over that
119	119	7 adult's objection, unless such proceeding is approved by his
120	120	8 or her legal guardian, if any.
121	121	9 (3) "Domestic violence" means abuse as defined in
122	122	10 paragraph (1).
123	123	11 (4) "Elder adult with disabilities" means an adult
124	124	12 prevented by advanced age from taking appropriate action to
125	125	13 protect himself or herself from abuse by a family or household
126	126	14 member.
127	127	15 (5) "Exploitation" means the illegal, including tortious,
128	128	16 use of a high-risk adult with disabilities or of the assets or
129	129	17 resources of a high-risk adult with disabilities. Exploitation
130	130	18 includes, but is not limited to, the misappropriation of
131	131	19 assets or resources of a high-risk adult with disabilities by
132	132	20 undue influence, by breach of a fiduciary relationship, by
133	133	21 fraud, deception, or extortion, or the use of such assets or
134	134	22 resources in a manner contrary to law.
135	135	23 (6) "Family or household members" include spouses, former
136	136	24 spouses, parents, children, stepchildren and other persons
137	137	25 related by blood or by present or prior marriage, persons who
138	138	26 share or formerly shared a common dwelling, persons who have
139	139
140	140
141	141
142	142
143	143
144	144	HB5654 - 3 - LRB103 36095 LNS 66185 b
145	145
146	146
147	147	HB5654- 4 -LRB103 36095 LNS 66185 b HB5654 - 4 - LRB103 36095 LNS 66185 b
148	148	HB5654 - 4 - LRB103 36095 LNS 66185 b
149	149	1 or allegedly have a child in common, persons who share or
150	150	2 allegedly share a blood relationship through a child, persons
151	151	3 who have or have had a dating or engagement relationship,
152	152	4 persons with disabilities and their personal assistants, and
153	153	5 caregivers as defined in Section 12-4.4a of the Criminal Code
154	154	6 of 2012. For purposes of this paragraph, neither a casual
155	155	7 acquaintanceship nor ordinary fraternization between 2
156	156	8 individuals in business or social contexts shall be deemed to
157	157	9 constitute a dating relationship. In the case of a high-risk
158	158	10 adult with disabilities, "family or household members"
159	159	11 includes any person who has the responsibility for a high-risk
160	160	12 adult as a result of a family relationship or who has assumed
161	161	13 responsibility for all or a portion of the care of a high-risk
162	162	14 adult with disabilities voluntarily, or by express or implied
163	163	15 contract, or by court order.
164	164	16 (7) "Harassment" means knowing conduct which is not
165	165	17 necessary to accomplish a purpose that is reasonable under the
166	166	18 circumstances; would cause a reasonable person emotional
167	167	19 distress; and does cause emotional distress to the petitioner.
168	168	20 Unless the presumption is rebutted by a preponderance of the
169	169	21 evidence, the following types of conduct shall be presumed to
170	170	22 cause emotional distress:
171	171	23 (i) creating a disturbance at petitioner's place of
172	172	24 employment or school;
173	173	25 (ii) repeatedly telephoning petitioner's place of
174	174	26 employment, home or residence;
175	175
176	176
177	177
178	178
179	179
180	180	HB5654 - 4 - LRB103 36095 LNS 66185 b
181	181
182	182
183	183	HB5654- 5 -LRB103 36095 LNS 66185 b HB5654 - 5 - LRB103 36095 LNS 66185 b
184	184	HB5654 - 5 - LRB103 36095 LNS 66185 b
185	185	1 (iii) repeatedly following petitioner about in a
186	186	2 public place or places;
187	187	3 (iv) repeatedly keeping petitioner under surveillance
188	188	4 by remaining present outside his or her home, school,
189	189	5 place of employment, vehicle or other place occupied by
190	190	6 petitioner or by peering in petitioner's windows;
191	191	7 (v) improperly concealing a minor child from
192	192	8 petitioner, repeatedly threatening to improperly remove a
193	193	9 minor child of petitioner's from the jurisdiction or from
194	194	10 the physical care of petitioner, repeatedly threatening to
195	195	11 conceal a minor child from petitioner, or making a single
196	196	12 such threat following an actual or attempted improper
197	197	13 removal or concealment, unless respondent was fleeing an
198	198	14 incident or pattern of domestic violence; or
199	199	15 (vi) threatening physical force, confinement or
200	200	16 restraint on one or more occasions.
201	201	17 (8) "High-risk adult with disabilities" means a person
202	202	18 aged 18 or over whose physical or mental disability impairs
203	203	19 his or her ability to seek or obtain protection from abuse,
204	204	20 neglect, or exploitation.
205	205	21 (9) "Interference with personal liberty" means committing
206	206	22 or threatening physical abuse, harassment, intimidation or
207	207	23 willful deprivation so as to compel another to engage in
208	208	24 conduct from which she or he has a right to abstain or to
209	209	25 refrain from conduct in which she or he has a right to engage.
210	210	26 (10) "Intimidation of a dependent" means subjecting a
211	211
212	212
213	213
214	214
215	215
216	216	HB5654 - 5 - LRB103 36095 LNS 66185 b
217	217
218	218
219	219	HB5654- 6 -LRB103 36095 LNS 66185 b HB5654 - 6 - LRB103 36095 LNS 66185 b
220	220	HB5654 - 6 - LRB103 36095 LNS 66185 b
221	221	1 person who is dependent because of age, health or disability
222	222	2 to participation in or the witnessing of: physical force
223	223	3 against another or physical confinement or restraint of
224	224	4 another which constitutes physical abuse as defined in this
225	225	5 Act, regardless of whether the abused person is a family or
226	226	6 household member.
227	227	7 (11) (A) "Neglect" means the failure to exercise that
228	228	8 degree of care toward a high-risk adult with disabilities
229	229	9 which a reasonable person would exercise under the
230	230	10 circumstances and includes but is not limited to:
231	231	11 (i) the failure to take reasonable steps to protect a
232	232	12 high-risk adult with disabilities from acts of abuse;
233	233	13 (ii) the repeated, careless imposition of unreasonable
234	234	14 confinement;
235	235	15 (iii) the failure to provide food, shelter, clothing,
236	236	16 and personal hygiene to a high-risk adult with
237	237	17 disabilities who requires such assistance;
238	238	18 (iv) the failure to provide medical and rehabilitative
239	239	19 care for the physical and mental health needs of a
240	240	20 high-risk adult with disabilities; or
241	241	21 (v) the failure to protect a high-risk adult with
242	242	22 disabilities from health and safety hazards.
243	243	23 (B) Nothing in this subsection (10) shall be construed to
244	244	24 impose a requirement that assistance be provided to a
245	245	25 high-risk adult with disabilities over his or her objection in
246	246	26 the absence of a court order, nor to create any new affirmative
247	247
248	248
249	249
250	250
251	251
252	252	HB5654 - 6 - LRB103 36095 LNS 66185 b
253	253
254	254
255	255	HB5654- 7 -LRB103 36095 LNS 66185 b HB5654 - 7 - LRB103 36095 LNS 66185 b
256	256	HB5654 - 7 - LRB103 36095 LNS 66185 b
257	257	1 duty to provide support to a high-risk adult with
258	258	2 disabilities.
259	259	3 (12) "Order of protection" means an emergency order,
260	260	4 interim order or plenary order, granted pursuant to this Act,
261	261	5 which includes any or all of the remedies authorized by
262	262	6 Section 214 of this Act.
263	263	7 (13) "Petitioner" may mean not only any named petitioner
264	264	8 for the order of protection and any named victim of abuse on
265	265	9 whose behalf the petition is brought, but also any other
266	266	10 person protected by this Act.
267	267	11 (14) "Physical abuse" includes sexual abuse and means any
268	268	12 of the following:
269	269	13 (i) knowing or reckless use of physical force,
270	270	14 confinement or restraint;
271	271	15 (ii) knowing, repeated and unnecessary sleep
272	272	16 deprivation; or
273	273	17 (iii) knowing or reckless conduct which creates an
274	274	18 immediate risk of physical harm.
275	275	19 (14.5) "Stay away" means for the respondent to refrain
276	276	20 from both physical presence and nonphysical contact with the
277	277	21 petitioner whether direct, indirect (including, but not
278	278	22 limited to, telephone calls, mail, email, faxes, and written
279	279	23 notes), or through third parties who may or may not know about
280	280	24 the order of protection.
281	281	25 (15) "Willful deprivation" means wilfully denying a person
282	282	26 who because of age, health or disability requires medication,
283	283
284	284
285	285
286	286
287	287
288	288	HB5654 - 7 - LRB103 36095 LNS 66185 b
289	289
290	290
291	291	HB5654- 8 -LRB103 36095 LNS 66185 b HB5654 - 8 - LRB103 36095 LNS 66185 b
292	292	HB5654 - 8 - LRB103 36095 LNS 66185 b
293	293	1 medical care, shelter, accessible shelter or services, food,
294	294	2 therapeutic device, or other physical assistance, and thereby
295	295	3 exposing that person to the risk of physical, mental or
296	296	4 emotional harm, except with regard to medical care or
297	297	5 treatment when the dependent person has expressed an intent to
298	298	6 forgo such medical care or treatment. This paragraph does not
299	299	7 create any new affirmative duty to provide support to
300	300	8 dependent persons.
301	301	9 (Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
302	302	10 (750 ILCS 60/205) (from Ch. 40, par. 2312-5)
303	303	11 Sec. 205. Application of rules of civil procedure;
304	304	12 Domestic abuse advocates.
305	305	13 (a) Any proceeding to obtain, modify, reopen or appeal an
306	306	14 order of protection, whether commenced alone or in conjunction
307	307	15 with a civil or criminal proceeding, shall be governed by the
308	308	16 rules of civil procedure of this State. The standard of proof
309	309	17 in such a proceeding is proof by a preponderance of the
310	310	18 evidence, whether the proceeding is heard in criminal or civil
311	311	19 court. The Code of Civil Procedure and Supreme Court and local
312	312	20 court rules applicable to civil proceedings, as now or
313	313	21 hereafter amended, shall apply, except as otherwise provided
314	314	22 by this law.
315	315	23 (b) (1) In all circuit court proceedings under this Act,
316	316	24 domestic abuse advocates shall be allowed to attend and sit at
317	317	25 counsel table and confer with the victim, unless otherwise
318	318
319	319
320	320
321	321
322	322
323	323	HB5654 - 8 - LRB103 36095 LNS 66185 b
324	324
325	325
326	326	HB5654- 9 -LRB103 36095 LNS 66185 b HB5654 - 9 - LRB103 36095 LNS 66185 b
327	327	HB5654 - 9 - LRB103 36095 LNS 66185 b
328	328	1 directed by the court.
329	329	2 (2) In criminal proceedings in circuit courts, domestic
330	330	3 abuse advocates shall be allowed to accompany the victim and
331	331	4 confer with the victim, unless otherwise directed by the
332	332	5 court.
333	333	6 (3) Court administrators shall allow domestic abuse
334	334	7 advocates to assist victims of domestic violence in the
335	335	8 preparation of petitions for orders of protection.
336	336	9 (4) Domestic abuse advocates are not engaged in the
337	337	10 unauthorized practice of law when providing assistance of the
338	338	11 types specified in this subsection (b).
339	339	12 (c) The Supreme Court of Illinois may adopt rules that
340	340	13 promote the use of attorneys serving on a pro bono basis to
341	341	14 represent victims under this Act.
342	342	15 (Source: P.A. 87-1186; 87-1255; 88-45.)
343	343	16 (750 ILCS 60/212) (from Ch. 40, par. 2312-12)
344	344	17 Sec. 212. Hearings.
345	345	18 (a) A petition for an order of protection shall be treated
346	346	19 as an expedited proceeding, and no court shall transfer or
347	347	20 otherwise decline to decide all or part of such petition
348	348	21 except as otherwise provided herein. Nothing in this Section
349	349	22 shall prevent the court from reserving issues when
350	350	23 jurisdiction or notice requirements are not met.
351	351	24 (b) Any court or a division thereof which ordinarily does
352	352	25 not decide matters of child custody and family support may
353	353
354	354
355	355
356	356
357	357
358	358	HB5654 - 9 - LRB103 36095 LNS 66185 b
359	359
360	360
361	361	HB5654- 10 -LRB103 36095 LNS 66185 b HB5654 - 10 - LRB103 36095 LNS 66185 b
362	362	HB5654 - 10 - LRB103 36095 LNS 66185 b
363	363	1 decline to decide contested issues of physical care, custody,
364	364	2 visitation, or family support unless a decision on one or more
365	365	3 of those contested issues is necessary to avoid the risk of
366	366	4 abuse, neglect, removal from the State or concealment within
367	367	5 the State of the child or of separation of the child from the
368	368	6 primary caretaker. If the court or division thereof has
369	369	7 declined to decide any or all of these issues, then it shall
370	370	8 transfer all undecided issues to the appropriate court or
371	371	9 division. In the event of such a transfer, a government
372	372	10 attorney involved in the criminal prosecution may, but need
373	373	11 not, continue to offer counsel to the petitioner on
374	374	12 transferred matters.
375	375	13 (c) If the court transfers or otherwise declines to decide
376	376	14 any issue, judgment on that issue shall be expressly reserved
377	377	15 and ruling on other issues shall not be delayed or declined.
378	378	16 (d) A court
379	379	in a county with a population above 250,000
380	380	17 shall offer the option of a remote hearing to a petitioner for
381	381	18 an order of protection. The court has the discretion to grant
382	382	19 or deny the request for a remote hearing. Each court shall
383	383	20 determine the procedure for a remote hearing. The petitioner
384	384	21 and respondent may appear remotely or in person.
385	385	22 The court shall issue and publish a court order, standing
386	386	23 order, or local rule detailing information about the process
387	387	24 for requesting and participating in a remote court appearance.
388	388	25 The court order, standing order, or local rule shall be
389	389	26 published on the court's website and posted on signs
390	390
391	391
392	392
393	393
394	394
395	395	HB5654 - 10 - LRB103 36095 LNS 66185 b
396	396
397	397
398	398	HB5654- 11 -LRB103 36095 LNS 66185 b HB5654 - 11 - LRB103 36095 LNS 66185 b
399	399	HB5654 - 11 - LRB103 36095 LNS 66185 b
400	400
401	401
402	402
403	403
404	404
405	405	HB5654 - 11 - LRB103 36095 LNS 66185 b