Illinois 2025-2026 Regular Session

Illinois House Bill HB3424 Compare Versions

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

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3424 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: See Index Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency order of protection granted under the Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that at least 48 hours prior to early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, the Prisoner Review Board shall inform a victim of the release if the victim has previously requested notification of that information. Provides that notification shall be made before 5 p.m. on weekdays. Provides that the Prisoner Review Board shall notify the victim in the underlying case of the offender's release on mandatory supervised release at least 30 days prior to release and shall allow the victim to provide a victim's statement to the Board. Provides that the victim's statement shall be considered when determining the conditions of the offender's mandatory supervised release. Provides that, before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Provides that the Board shall publish on the Board's publicly accessible website the name and identification number of offenders alleged to have violated terms of parole or mandatory supervised release, the Board's decision whether to revoke parole or mandatory supervised release, and the names of the voting Board members. Provides that this information shall only be accessible while the offender is in State custody. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may not be denied upon the basis that the petitioner or the respondent is incarcerated in a penal institution at the time of the filing of the petition. LRB104 08148 RLC 18196 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3424 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED: See Index See Index Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency order of protection granted under the Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that at least 48 hours prior to early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, the Prisoner Review Board shall inform a victim of the release if the victim has previously requested notification of that information. Provides that notification shall be made before 5 p.m. on weekdays. Provides that the Prisoner Review Board shall notify the victim in the underlying case of the offender's release on mandatory supervised release at least 30 days prior to release and shall allow the victim to provide a victim's statement to the Board. Provides that the victim's statement shall be considered when determining the conditions of the offender's mandatory supervised release. Provides that, before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Provides that the Board shall publish on the Board's publicly accessible website the name and identification number of offenders alleged to have violated terms of parole or mandatory supervised release, the Board's decision whether to revoke parole or mandatory supervised release, and the names of the voting Board members. Provides that this information shall only be accessible while the offender is in State custody. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may not be denied upon the basis that the petitioner or the respondent is incarcerated in a penal institution at the time of the filing of the petition. LRB104 08148 RLC 18196 b LRB104 08148 RLC 18196 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3424 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency order of protection granted under the Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that at least 48 hours prior to early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, the Prisoner Review Board shall inform a victim of the release if the victim has previously requested notification of that information. Provides that notification shall be made before 5 p.m. on weekdays. Provides that the Prisoner Review Board shall notify the victim in the underlying case of the offender's release on mandatory supervised release at least 30 days prior to release and shall allow the victim to provide a victim's statement to the Board. Provides that the victim's statement shall be considered when determining the conditions of the offender's mandatory supervised release. Provides that, before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Provides that the Board shall publish on the Board's publicly accessible website the name and identification number of offenders alleged to have violated terms of parole or mandatory supervised release, the Board's decision whether to revoke parole or mandatory supervised release, and the names of the voting Board members. Provides that this information shall only be accessible while the offender is in State custody. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may not be denied upon the basis that the petitioner or the respondent is incarcerated in a penal institution at the time of the filing of the petition.
6	6	LRB104 08148 RLC 18196 b LRB104 08148 RLC 18196 b
7	7	LRB104 08148 RLC 18196 b
8	8	A BILL FOR
9	9	HB3424LRB104 08148 RLC 18196 b HB3424 LRB104 08148 RLC 18196 b
10	10	HB3424 LRB104 08148 RLC 18196 b
11	11	1 AN ACT concerning criminal law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Rights of Crime Victims and Witnesses Act
15	15	5 is amended by changing Section 4.5 as follows:
16	16	6 (725 ILCS 120/4.5)
17	17	7 Sec. 4.5. Procedures to implement the rights of crime
18	18	8 victims. To afford crime victims their rights, law
19	19	9 enforcement, prosecutors, judges, and corrections will provide
20	20	10 information, as appropriate, of the following procedures:
21	21	11 (a) At the request of the crime victim, law enforcement
22	22	12 authorities investigating the case shall provide notice of the
23	23	13 status of the investigation, except where the State's Attorney
24	24	14 determines that disclosure of such information would
25	25	15 unreasonably interfere with the investigation, until such time
26	26	16 as the alleged assailant is apprehended or the investigation
27	27	17 is closed.
28	28	18 (a-5) When law enforcement authorities reopen a closed
29	29	19 case to resume investigating, they shall provide notice of the
30	30	20 reopening of the case, except where the State's Attorney
31	31	21 determines that disclosure of such information would
32	32	22 unreasonably interfere with the investigation.
33	33	23 (a-6) The Prisoner Review Board shall publish on its
34	34
35	35
36	36
37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3424 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Rights of Crime Victims and Witnesses Act. Provides that the Prisoner Review Board shall publish on its official public website and provide to registered victims information regarding how to submit a victim impact statement. Provides that the Prisoner Review Board shall consider victim impact statements from any registered victims. Provides that any registered victim, including a person who has had a final, plenary, or non-emergency order of protection granted under the Protective Orders Article of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, may present victim statements that the Prisoner Review Board shall consider in its deliberations. Provides that at least 48 hours prior to early release of the prisoner from State custody or of the prisoner's pardon, commutation, furlough, or granting of sentence credit, the Prisoner Review Board shall inform a victim of the release if the victim has previously requested notification of that information. Provides that notification shall be made before 5 p.m. on weekdays. Provides that the Prisoner Review Board shall notify the victim in the underlying case of the offender's release on mandatory supervised release at least 30 days prior to release and shall allow the victim to provide a victim's statement to the Board. Provides that the victim's statement shall be considered when determining the conditions of the offender's mandatory supervised release. Provides that, before the Board makes a decision on whether to revoke an offender's parole or mandatory supervised release, the Prisoner Review Board must run a LEADS report. Provides that the Board shall publish on the Board's publicly accessible website the name and identification number of offenders alleged to have violated terms of parole or mandatory supervised release, the Board's decision whether to revoke parole or mandatory supervised release, and the names of the voting Board members. Provides that this information shall only be accessible while the offender is in State custody. Amends the Illinois Domestic Violence Act of 1986. Provides that a petition for an order of protection may not be denied upon the basis that the petitioner or the respondent is incarcerated in a penal institution at the time of the filing of the petition.
41	41	LRB104 08148 RLC 18196 b LRB104 08148 RLC 18196 b
42	42	LRB104 08148 RLC 18196 b
43	43	A BILL FOR
44	44
45	45
46	46
47	47
48	48
49	49	See Index
50	50
51	51
52	52
53	53	LRB104 08148 RLC 18196 b
54	54
55	55
56	56
57	57
58	58
59	59
60	60
61	61
62	62
63	63	HB3424 LRB104 08148 RLC 18196 b
64	64
65	65
66	66	HB3424- 2 -LRB104 08148 RLC 18196 b HB3424 - 2 - LRB104 08148 RLC 18196 b
67	67	HB3424 - 2 - LRB104 08148 RLC 18196 b
68	68	1 official public website and provide to registered victims
69	69	2 information regarding how to submit a victim impact statement.
70	70	3 The Prisoner Review Board shall consider victim impact
71	71	4 statements from any registered victims. Any registered victim,
72	72	5 including a person who has had a final, plenary, or
73	73	6 non-emergency order of protection granted under Article 112A
74	74	7 of the Code of Criminal Procedure of 1963 or under the Illinois
75	75	8 Domestic Violence Act of 1986, may present victim statements
76	76	9 that the Prisoner Review Board shall consider in its
77	77	10 deliberations.
78	78	11 (b) The office of the State's Attorney:
79	79	12 (1) shall provide notice of the filing of an
80	80	13 information, the return of an indictment, or the filing of
81	81	14 a petition to adjudicate a minor as a delinquent for a
82	82	15 violent crime;
83	83	16 (2) shall provide timely notice of the date, time, and
84	84	17 place of court proceedings; of any change in the date,
85	85	18 time, and place of court proceedings; and of any
86	86	19 cancellation of court proceedings. Notice shall be
87	87	20 provided in sufficient time, wherever possible, for the
88	88	21 victim to make arrangements to attend or to prevent an
89	89	22 unnecessary appearance at court proceedings;
90	90	23 (3) or victim advocate personnel shall provide
91	91	24 information of social services and financial assistance
92	92	25 available for victims of crime, including information of
93	93	26 how to apply for these services and assistance;
94	94
95	95
96	96
97	97
98	98
99	99	HB3424 - 2 - LRB104 08148 RLC 18196 b
100	100
101	101
102	102	HB3424- 3 -LRB104 08148 RLC 18196 b HB3424 - 3 - LRB104 08148 RLC 18196 b
103	103	HB3424 - 3 - LRB104 08148 RLC 18196 b
104	104	1 (3.5) or victim advocate personnel shall provide
105	105	2 information about available victim services, including
106	106	3 referrals to programs, counselors, and agencies that
107	107	4 assist a victim to deal with trauma, loss, and grief;
108	108	5 (4) shall assist in having any stolen or other
109	109	6 personal property held by law enforcement authorities for
110	110	7 evidentiary or other purposes returned as expeditiously as
111	111	8 possible, pursuant to the procedures set out in Section
112	112	9 115-9 of the Code of Criminal Procedure of 1963;
113	113	10 (5) or victim advocate personnel shall provide
114	114	11 appropriate employer intercession services to ensure that
115	115	12 employers of victims will cooperate with the criminal
116	116	13 justice system in order to minimize an employee's loss of
117	117	14 pay and other benefits resulting from court appearances;
118	118	15 (6) shall provide, whenever possible, a secure waiting
119	119	16 area during court proceedings that does not require
120	120	17 victims to be in close proximity to defendants or
121	121	18 juveniles accused of a violent crime, and their families
122	122	19 and friends;
123	123	20 (7) shall provide notice to the crime victim of the
124	124	21 right to have a translator present at all court
125	125	22 proceedings and, in compliance with the federal Americans
126	126	23 with Disabilities Act of 1990, the right to communications
127	127	24 access through a sign language interpreter or by other
128	128	25 means;
129	129	26 (8) (blank);
130	130
131	131
132	132
133	133
134	134
135	135	HB3424 - 3 - LRB104 08148 RLC 18196 b
136	136
137	137
138	138	HB3424- 4 -LRB104 08148 RLC 18196 b HB3424 - 4 - LRB104 08148 RLC 18196 b
139	139	HB3424 - 4 - LRB104 08148 RLC 18196 b
140	140	1 (8.5) shall inform the victim of the right to be
141	141	2 present at all court proceedings, unless the victim is to
142	142	3 testify and the court determines that the victim's
143	143	4 testimony would be materially affected if the victim hears
144	144	5 other testimony at trial;
145	145	6 (9) shall inform the victim of the right to have
146	146	7 present at all court proceedings, subject to the rules of
147	147	8 evidence and confidentiality, an advocate and other
148	148	9 support person of the victim's choice;
149	149	10 (9.3) shall inform the victim of the right to retain
150	150	11 an attorney, at the victim's own expense, who, upon
151	151	12 written notice filed with the clerk of the court and
152	152	13 State's Attorney, is to receive copies of all notices,
153	153	14 motions, and court orders filed thereafter in the case, in
154	154	15 the same manner as if the victim were a named party in the
155	155	16 case;
156	156	17 (9.5) shall inform the victim of (A) the victim's
157	157	18 right under Section 6 of this Act to make a statement at
158	158	19 the sentencing hearing; (B) the right of the victim's
159	159	20 spouse, guardian, parent, grandparent, and other immediate
160	160	21 family and household members under Section 6 of this Act
161	161	22 to present a statement at sentencing; and (C) if a
162	162	23 presentence report is to be prepared, the right of the
163	163	24 victim's spouse, guardian, parent, grandparent, and other
164	164	25 immediate family and household members to submit
165	165	26 information to the preparer of the presentence report
166	166
167	167
168	168
169	169
170	170
171	171	HB3424 - 4 - LRB104 08148 RLC 18196 b
172	172
173	173
174	174	HB3424- 5 -LRB104 08148 RLC 18196 b HB3424 - 5 - LRB104 08148 RLC 18196 b
175	175	HB3424 - 5 - LRB104 08148 RLC 18196 b
176	176	1 about the effect the offense has had on the victim and the
177	177	2 person;
178	178	3 (10) at the sentencing shall make a good faith attempt
179	179	4 to explain the minimum amount of time during which the
180	180	5 defendant may actually be physically imprisoned. The
181	181	6 Office of the State's Attorney shall further notify the
182	182	7 crime victim of the right to request from the Prisoner
183	183	8 Review Board or Department of Juvenile Justice information
184	184	9 concerning the release of the defendant;
185	185	10 (11) shall request restitution at sentencing and as
186	186	11 part of a plea agreement if the victim requests
187	187	12 restitution;
188	188	13 (12) shall, upon the court entering a verdict of not
189	189	14 guilty by reason of insanity, inform the victim of the
190	190	15 notification services available from the Department of
191	191	16 Human Services, including the statewide telephone number,
192	192	17 under subparagraph (d)(2) of this Section;
193	193	18 (13) shall provide notice within a reasonable time
194	194	19 after receipt of notice from the custodian, of the release
195	195	20 of the defendant on pretrial release or personal
196	196	21 recognizance or the release from detention of a minor who
197	197	22 has been detained;
198	198	23 (14) shall explain in nontechnical language the
199	199	24 details of any plea or verdict of a defendant, or any
200	200	25 adjudication of a juvenile as a delinquent;
201	201	26 (15) shall make all reasonable efforts to consult with
202	202
203	203
204	204
205	205
206	206
207	207	HB3424 - 5 - LRB104 08148 RLC 18196 b
208	208
209	209
210	210	HB3424- 6 -LRB104 08148 RLC 18196 b HB3424 - 6 - LRB104 08148 RLC 18196 b
211	211	HB3424 - 6 - LRB104 08148 RLC 18196 b
212	212	1 the crime victim before the Office of the State's Attorney
213	213	2 makes an offer of a plea bargain to the defendant or enters
214	214	3 into negotiations with the defendant concerning a possible
215	215	4 plea agreement, and shall consider the written statement,
216	216	5 if prepared prior to entering into a plea agreement. The
217	217	6 right to consult with the prosecutor does not include the
218	218	7 right to veto a plea agreement or to insist the case go to
219	219	8 trial. If the State's Attorney has not consulted with the
220	220	9 victim prior to making an offer or entering into plea
221	221	10 negotiations with the defendant, the Office of the State's
222	222	11 Attorney shall notify the victim of the offer or the
223	223	12 negotiations within 2 business days and confer with the
224	224	13 victim;
225	225	14 (16) shall provide notice of the ultimate disposition
226	226	15 of the cases arising from an indictment or an information,
227	227	16 or a petition to have a juvenile adjudicated as a
228	228	17 delinquent for a violent crime;
229	229	18 (17) shall provide notice of any appeal taken by the
230	230	19 defendant and information on how to contact the
231	231	20 appropriate agency handling the appeal, and how to request
232	232	21 notice of any hearing, oral argument, or decision of an
233	233	22 appellate court;
234	234	23 (18) shall provide timely notice of any request for
235	235	24 post-conviction review filed by the defendant under
236	236	25 Article 122 of the Code of Criminal Procedure of 1963, and
237	237	26 of the date, time and place of any hearing concerning the
238	238
239	239
240	240
241	241
242	242
243	243	HB3424 - 6 - LRB104 08148 RLC 18196 b
244	244
245	245
246	246	HB3424- 7 -LRB104 08148 RLC 18196 b HB3424 - 7 - LRB104 08148 RLC 18196 b
247	247	HB3424 - 7 - LRB104 08148 RLC 18196 b
248	248	1 petition. Whenever possible, notice of the hearing shall
249	249	2 be given within 48 hours of the court's scheduling of the
250	250	3 hearing;
251	251	4 (19) shall forward a copy of any statement presented
252	252	5 under Section 6 to the Prisoner Review Board or Department
253	253	6 of Juvenile Justice to be considered in making a
254	254	7 determination under Section 3-2.5-85 or subsection (b) of
255	255	8 Section 3-3-8 of the Unified Code of Corrections;
256	256	9 (20) shall, within a reasonable time, offer to meet
257	257	10 with the crime victim regarding the decision of the
258	258	11 State's Attorney not to charge an offense, and shall meet
259	259	12 with the victim, if the victim agrees. The victim has a
260	260	13 right to have an attorney, advocate, and other support
261	261	14 person of the victim's choice attend this meeting with the
262	262	15 victim; and
263	263	16 (21) shall give the crime victim timely notice of any
264	264	17 decision not to pursue charges and consider the safety of
265	265	18 the victim when deciding how to give such notice.
266	266	19 (c) The court shall ensure that the rights of the victim
267	267	20 are afforded.
268	268	21 (c-5) The following procedures shall be followed to afford
269	269	22 victims the rights guaranteed by Article I, Section 8.1 of the
270	270	23 Illinois Constitution:
271	271	24 (1) Written notice. A victim may complete a written
272	272	25 notice of intent to assert rights on a form prepared by the
273	273	26 Office of the Attorney General and provided to the victim
274	274
275	275
276	276
277	277
278	278
279	279	HB3424 - 7 - LRB104 08148 RLC 18196 b
280	280
281	281
282	282	HB3424- 8 -LRB104 08148 RLC 18196 b HB3424 - 8 - LRB104 08148 RLC 18196 b
283	283	HB3424 - 8 - LRB104 08148 RLC 18196 b
284	284	1 by the State's Attorney. The victim may at any time
285	285	2 provide a revised written notice to the State's Attorney.
286	286	3 The State's Attorney shall file the written notice with
287	287	4 the court. At the beginning of any court proceeding in
288	288	5 which the right of a victim may be at issue, the court and
289	289	6 prosecutor shall review the written notice to determine
290	290	7 whether the victim has asserted the right that may be at
291	291	8 issue.
292	292	9 (2) Victim's retained attorney. A victim's attorney
293	293	10 shall file an entry of appearance limited to assertion of
294	294	11 the victim's rights. Upon the filing of the entry of
295	295	12 appearance and service on the State's Attorney and the
296	296	13 defendant, the attorney is to receive copies of all
297	297	14 notices, motions and court orders filed thereafter in the
298	298	15 case.
299	299	16 (3) Standing. The victim has standing to assert the
300	300	17 rights enumerated in subsection (a) of Article I, Section
301	301	18 8.1 of the Illinois Constitution and the statutory rights
302	302	19 under Section 4 of this Act in any court exercising
303	303	20 jurisdiction over the criminal case. The prosecuting
304	304	21 attorney, a victim, or the victim's retained attorney may
305	305	22 assert the victim's rights. The defendant in the criminal
306	306	23 case has no standing to assert a right of the victim in any
307	307	24 court proceeding, including on appeal.
308	308	25 (4) Assertion of and enforcement of rights.
309	309	26 (A) The prosecuting attorney shall assert a
310	310
311	311
312	312
313	313
314	314
315	315	HB3424 - 8 - LRB104 08148 RLC 18196 b
316	316
317	317
318	318	HB3424- 9 -LRB104 08148 RLC 18196 b HB3424 - 9 - LRB104 08148 RLC 18196 b
319	319	HB3424 - 9 - LRB104 08148 RLC 18196 b
320	320	1 victim's right or request enforcement of a right by
321	321	2 filing a motion or by orally asserting the right or
322	322	3 requesting enforcement in open court in the criminal
323	323	4 case outside the presence of the jury. The prosecuting
324	324	5 attorney shall consult with the victim and the
325	325	6 victim's attorney regarding the assertion or
326	326	7 enforcement of a right. If the prosecuting attorney
327	327	8 decides not to assert or enforce a victim's right, the
328	328	9 prosecuting attorney shall notify the victim or the
329	329	10 victim's attorney in sufficient time to allow the
330	330	11 victim or the victim's attorney to assert the right or
331	331	12 to seek enforcement of a right.
332	332	13 (B) If the prosecuting attorney elects not to
333	333	14 assert a victim's right or to seek enforcement of a
334	334	15 right, the victim or the victim's attorney may assert
335	335	16 the victim's right or request enforcement of a right
336	336	17 by filing a motion or by orally asserting the right or
337	337	18 requesting enforcement in open court in the criminal
338	338	19 case outside the presence of the jury.
339	339	20 (C) If the prosecuting attorney asserts a victim's
340	340	21 right or seeks enforcement of a right, unless the
341	341	22 prosecuting attorney objects or the trial court does
342	342	23 not allow it, the victim or the victim's attorney may
343	343	24 be heard regarding the prosecuting attorney's motion
344	344	25 or may file a simultaneous motion to assert or request
345	345	26 enforcement of the victim's right. If the victim or
346	346
347	347
348	348
349	349
350	350
351	351	HB3424 - 9 - LRB104 08148 RLC 18196 b
352	352
353	353
354	354	HB3424- 10 -LRB104 08148 RLC 18196 b HB3424 - 10 - LRB104 08148 RLC 18196 b
355	355	HB3424 - 10 - LRB104 08148 RLC 18196 b
356	356	1 the victim's attorney was not allowed to be heard at
357	357	2 the hearing regarding the prosecuting attorney's
358	358	3 motion, and the court denies the prosecuting
359	359	4 attorney's assertion of the right or denies the
360	360	5 request for enforcement of a right, the victim or
361	361	6 victim's attorney may file a motion to assert the
362	362	7 victim's right or to request enforcement of the right
363	363	8 within 10 days of the court's ruling. The motion need
364	364	9 not demonstrate the grounds for a motion for
365	365	10 reconsideration. The court shall rule on the merits of
366	366	11 the motion.
367	367	12 (D) The court shall take up and decide any motion
368	368	13 or request asserting or seeking enforcement of a
369	369	14 victim's right without delay, unless a specific time
370	370	15 period is specified by law or court rule. The reasons
371	371	16 for any decision denying the motion or request shall
372	372	17 be clearly stated on the record.
373	373	18 (E) No later than January 1, 2023, the Office of
374	374	19 the Attorney General shall:
375	375	20 (i) designate an administrative authority
376	376	21 within the Office of the Attorney General to
377	377	22 receive and investigate complaints relating to the
378	378	23 provision or violation of the rights of a crime
379	379	24 victim as described in Article I, Section 8.1 of
380	380	25 the Illinois Constitution and in this Act;
381	381	26 (ii) create and administer a course of
382	382
383	383
384	384
385	385
386	386
387	387	HB3424 - 10 - LRB104 08148 RLC 18196 b
388	388
389	389
390	390	HB3424- 11 -LRB104 08148 RLC 18196 b HB3424 - 11 - LRB104 08148 RLC 18196 b
391	391	HB3424 - 11 - LRB104 08148 RLC 18196 b
392	392	1 training for employees and offices of the State of
393	393	2 Illinois that fail to comply with provisions of
394	394	3 Illinois law pertaining to the treatment of crime
395	395	4 victims as described in Article I, Section 8.1 of
396	396	5 the Illinois Constitution and in this Act as
397	397	6 required by the court under Section 5 of this Act;
398	398	7 and
399	399	8 (iii) have the authority to make
400	400	9 recommendations to employees and offices of the
401	401	10 State of Illinois to respond more effectively to
402	402	11 the needs of crime victims, including regarding
403	403	12 the violation of the rights of a crime victim.
404	404	13 (F) Crime victims' rights may also be asserted by
405	405	14 filing a complaint for mandamus, injunctive, or
406	406	15 declaratory relief in the jurisdiction in which the
407	407	16 victim's right is being violated or where the crime is
408	408	17 being prosecuted. For complaints or motions filed by
409	409	18 or on behalf of the victim, the clerk of court shall
410	410	19 waive filing fees that would otherwise be owed by the
411	411	20 victim for any court filing with the purpose of
412	412	21 enforcing crime victims' rights. If the court denies
413	413	22 the relief sought by the victim, the reasons for the
414	414	23 denial shall be clearly stated on the record in the
415	415	24 transcript of the proceedings, in a written opinion,
416	416	25 or in the docket entry, and the victim may appeal the
417	417	26 circuit court's decision to the appellate court. The
418	418
419	419
420	420
421	421
422	422
423	423	HB3424 - 11 - LRB104 08148 RLC 18196 b
424	424
425	425
426	426	HB3424- 12 -LRB104 08148 RLC 18196 b HB3424 - 12 - LRB104 08148 RLC 18196 b
427	427	HB3424 - 12 - LRB104 08148 RLC 18196 b
428	428	1 court shall issue prompt rulings regarding victims'
429	429	2 rights. Proceedings seeking to enforce victims' rights
430	430	3 shall not be stayed or subject to unreasonable delay
431	431	4 via continuances.
432	432	5 (5) Violation of rights and remedies.
433	433	6 (A) If the court determines that a victim's right
434	434	7 has been violated, the court shall determine the
435	435	8 appropriate remedy for the violation of the victim's
436	436	9 right by hearing from the victim and the parties,
437	437	10 considering all factors relevant to the issue, and
438	438	11 then awarding appropriate relief to the victim.
439	439	12 (A-5) Consideration of an issue of a substantive
440	440	13 nature or an issue that implicates the constitutional
441	441	14 or statutory right of a victim at a court proceeding
442	442	15 labeled as a status hearing shall constitute a per se
443	443	16 violation of a victim's right.
444	444	17 (B) The appropriate remedy shall include only
445	445	18 actions necessary to provide the victim the right to
446	446	19 which the victim was entitled. Remedies may include,
447	447	20 but are not limited to: injunctive relief requiring
448	448	21 the victim's right to be afforded; declaratory
449	449	22 judgment recognizing or clarifying the victim's
450	450	23 rights; a writ of mandamus; and may include reopening
451	451	24 previously held proceedings; however, in no event
452	452	25 shall the court vacate a conviction. Any remedy shall
453	453	26 be tailored to provide the victim an appropriate
454	454
455	455
456	456
457	457
458	458
459	459	HB3424 - 12 - LRB104 08148 RLC 18196 b
460	460
461	461
462	462	HB3424- 13 -LRB104 08148 RLC 18196 b HB3424 - 13 - LRB104 08148 RLC 18196 b
463	463	HB3424 - 13 - LRB104 08148 RLC 18196 b
464	464	1 remedy without violating any constitutional right of
465	465	2 the defendant. In no event shall the appropriate
466	466	3 remedy to the victim be a new trial or damages.
467	467	4 The court shall impose a mandatory training course
468	468	5 provided by the Attorney General for the employee under
469	469	6 item (ii) of subparagraph (E) of paragraph (4), which must
470	470	7 be successfully completed within 6 months of the entry of
471	471	8 the court order.
472	472	9 This paragraph (5) takes effect January 2, 2023.
473	473	10 (6) Right to be heard. Whenever a victim has the right
474	474	11 to be heard, the court shall allow the victim to exercise
475	475	12 the right in any reasonable manner the victim chooses.
476	476	13 (7) Right to attend trial. A party must file a written
477	477	14 motion to exclude a victim from trial at least 60 days
478	478	15 prior to the date set for trial. The motion must state with
479	479	16 specificity the reason exclusion is necessary to protect a
480	480	17 constitutional right of the party, and must contain an
481	481	18 offer of proof. The court shall rule on the motion within
482	482	19 30 days. If the motion is granted, the court shall set
483	483	20 forth on the record the facts that support its finding
484	484	21 that the victim's testimony will be materially affected if
485	485	22 the victim hears other testimony at trial.
486	486	23 (8) Right to have advocate and support person present
487	487	24 at court proceedings.
488	488	25 (A) A party who intends to call an advocate as a
489	489	26 witness at trial must seek permission of the court
490	490
491	491
492	492
493	493
494	494
495	495	HB3424 - 13 - LRB104 08148 RLC 18196 b
496	496
497	497
498	498	HB3424- 14 -LRB104 08148 RLC 18196 b HB3424 - 14 - LRB104 08148 RLC 18196 b
499	499	HB3424 - 14 - LRB104 08148 RLC 18196 b
500	500	1 before the subpoena is issued. The party must file a
501	501	2 written motion at least 90 days before trial that sets
502	502	3 forth specifically the issues on which the advocate's
503	503	4 testimony is sought and an offer of proof regarding
504	504	5 (i) the content of the anticipated testimony of the
505	505	6 advocate; and (ii) the relevance, admissibility, and
506	506	7 materiality of the anticipated testimony. The court
507	507	8 shall consider the motion and make findings within 30
508	508	9 days of the filing of the motion. If the court finds by
509	509	10 a preponderance of the evidence that: (i) the
510	510	11 anticipated testimony is not protected by an absolute
511	511	12 privilege; and (ii) the anticipated testimony contains
512	512	13 relevant, admissible, and material evidence that is
513	513	14 not available through other witnesses or evidence, the
514	514	15 court shall issue a subpoena requiring the advocate to
515	515	16 appear to testify at an in camera hearing. The
516	516	17 prosecuting attorney and the victim shall have 15 days
517	517	18 to seek appellate review before the advocate is
518	518	19 required to testify at an ex parte in camera
519	519	20 proceeding.
520	520	21 The prosecuting attorney, the victim, and the
521	521	22 advocate's attorney shall be allowed to be present at
522	522	23 the ex parte in camera proceeding. If, after
523	523	24 conducting the ex parte in camera hearing, the court
524	524	25 determines that due process requires any testimony
525	525	26 regarding confidential or privileged information or
526	526
527	527
528	528
529	529
530	530
531	531	HB3424 - 14 - LRB104 08148 RLC 18196 b
532	532
533	533
534	534	HB3424- 15 -LRB104 08148 RLC 18196 b HB3424 - 15 - LRB104 08148 RLC 18196 b
535	535	HB3424 - 15 - LRB104 08148 RLC 18196 b
536	536	1 communications, the court shall provide to the
537	537	2 prosecuting attorney, the victim, and the advocate's
538	538	3 attorney a written memorandum on the substance of the
539	539	4 advocate's testimony. The prosecuting attorney, the
540	540	5 victim, and the advocate's attorney shall have 15 days
541	541	6 to seek appellate review before a subpoena may be
542	542	7 issued for the advocate to testify at trial. The
543	543	8 presence of the prosecuting attorney at the ex parte
544	544	9 in camera proceeding does not make the substance of
545	545	10 the advocate's testimony that the court has ruled
546	546	11 inadmissible subject to discovery.
547	547	12 (B) If a victim has asserted the right to have a
548	548	13 support person present at the court proceedings, the
549	549	14 victim shall provide the name of the person the victim
550	550	15 has chosen to be the victim's support person to the
551	551	16 prosecuting attorney, within 60 days of trial. The
552	552	17 prosecuting attorney shall provide the name to the
553	553	18 defendant. If the defendant intends to call the
554	554	19 support person as a witness at trial, the defendant
555	555	20 must seek permission of the court before a subpoena is
556	556	21 issued. The defendant must file a written motion at
557	557	22 least 45 days prior to trial that sets forth
558	558	23 specifically the issues on which the support person
559	559	24 will testify and an offer of proof regarding: (i) the
560	560	25 content of the anticipated testimony of the support
561	561	26 person; and (ii) the relevance, admissibility, and
562	562
563	563
564	564
565	565
566	566
567	567	HB3424 - 15 - LRB104 08148 RLC 18196 b
568	568
569	569
570	570	HB3424- 16 -LRB104 08148 RLC 18196 b HB3424 - 16 - LRB104 08148 RLC 18196 b
571	571	HB3424 - 16 - LRB104 08148 RLC 18196 b
572	572	1 materiality of the anticipated testimony.
573	573	2 If the prosecuting attorney intends to call the
574	574	3 support person as a witness during the State's
575	575	4 case-in-chief, the prosecuting attorney shall inform
576	576	5 the court of this intent in the response to the
577	577	6 defendant's written motion. The victim may choose a
578	578	7 different person to be the victim's support person.
579	579	8 The court may allow the defendant to inquire about
580	580	9 matters outside the scope of the direct examination
581	581	10 during cross-examination. If the court allows the
582	582	11 defendant to do so, the support person shall be
583	583	12 allowed to remain in the courtroom after the support
584	584	13 person has testified. A defendant who fails to
585	585	14 question the support person about matters outside the
586	586	15 scope of direct examination during the State's
587	587	16 case-in-chief waives the right to challenge the
588	588	17 presence of the support person on appeal. The court
589	589	18 shall allow the support person to testify if called as
590	590	19 a witness in the defendant's case-in-chief or the
591	591	20 State's rebuttal.
592	592	21 If the court does not allow the defendant to
593	593	22 inquire about matters outside the scope of the direct
594	594	23 examination, the support person shall be allowed to
595	595	24 remain in the courtroom after the support person has
596	596	25 been called by the defendant or the defendant has
597	597	26 rested. The court shall allow the support person to
598	598
599	599
600	600
601	601
602	602
603	603	HB3424 - 16 - LRB104 08148 RLC 18196 b
604	604
605	605
606	606	HB3424- 17 -LRB104 08148 RLC 18196 b HB3424 - 17 - LRB104 08148 RLC 18196 b
607	607	HB3424 - 17 - LRB104 08148 RLC 18196 b
608	608	1 testify in the State's rebuttal.
609	609	2 If the prosecuting attorney does not intend to
610	610	3 call the support person in the State's case-in-chief,
611	611	4 the court shall verify with the support person whether
612	612	5 the support person, if called as a witness, would
613	613	6 testify as set forth in the offer of proof. If the
614	614	7 court finds that the support person would testify as
615	615	8 set forth in the offer of proof, the court shall rule
616	616	9 on the relevance, materiality, and admissibility of
617	617	10 the anticipated testimony. If the court rules the
618	618	11 anticipated testimony is admissible, the court shall
619	619	12 issue the subpoena. The support person may remain in
620	620	13 the courtroom after the support person testifies and
621	621	14 shall be allowed to testify in rebuttal.
622	622	15 If the court excludes the victim's support person
623	623	16 during the State's case-in-chief, the victim shall be
624	624	17 allowed to choose another support person to be present
625	625	18 in court.
626	626	19 If the victim fails to designate a support person
627	627	20 within 60 days of trial and the defendant has
628	628	21 subpoenaed the support person to testify at trial, the
629	629	22 court may exclude the support person from the trial
630	630	23 until the support person testifies. If the court
631	631	24 excludes the support person the victim may choose
632	632	25 another person as a support person.
633	633	26 (9) Right to notice and hearing before disclosure of
634	634
635	635
636	636
637	637
638	638
639	639	HB3424 - 17 - LRB104 08148 RLC 18196 b
640	640
641	641
642	642	HB3424- 18 -LRB104 08148 RLC 18196 b HB3424 - 18 - LRB104 08148 RLC 18196 b
643	643	HB3424 - 18 - LRB104 08148 RLC 18196 b
644	644	1 confidential or privileged information or records.
645	645	2 (A) A defendant who seeks to subpoena testimony or
646	646	3 records of or concerning the victim that are
647	647	4 confidential or privileged by law must seek permission
648	648	5 of the court before the subpoena is issued. The
649	649	6 defendant must file a written motion and an offer of
650	650	7 proof regarding the relevance, admissibility and
651	651	8 materiality of the testimony or records. If the court
652	652	9 finds by a preponderance of the evidence that:
653	653	10 (i) the testimony or records are not protected
654	654	11 by an absolute privilege and
655	655	12 (ii) the testimony or records contain
656	656	13 relevant, admissible, and material evidence that
657	657	14 is not available through other witnesses or
658	658	15 evidence, the court shall issue a subpoena
659	659	16 requiring the witness to appear in camera or a
660	660	17 sealed copy of the records be delivered to the
661	661	18 court to be reviewed in camera. If, after
662	662	19 conducting an in camera review of the witness
663	663	20 statement or records, the court determines that
664	664	21 due process requires disclosure of any potential
665	665	22 testimony or any portion of the records, the court
666	666	23 shall provide copies of the records that it
667	667	24 intends to disclose to the prosecuting attorney
668	668	25 and the victim. The prosecuting attorney and the
669	669	26 victim shall have 30 days to seek appellate review
670	670
671	671
672	672
673	673
674	674
675	675	HB3424 - 18 - LRB104 08148 RLC 18196 b
676	676
677	677
678	678	HB3424- 19 -LRB104 08148 RLC 18196 b HB3424 - 19 - LRB104 08148 RLC 18196 b
679	679	HB3424 - 19 - LRB104 08148 RLC 18196 b
680	680	1 before the records are disclosed to the defendant,
681	681	2 used in any court proceeding, or disclosed to
682	682	3 anyone or in any way that would subject the
683	683	4 testimony or records to public review. The
684	684	5 disclosure of copies of any portion of the
685	685	6 testimony or records to the prosecuting attorney
686	686	7 under this Section does not make the records
687	687	8 subject to discovery or required to be provided to
688	688	9 the defendant.
689	689	10 (B) A prosecuting attorney who seeks to subpoena
690	690	11 information or records concerning the victim that are
691	691	12 confidential or privileged by law must first request
692	692	13 the written consent of the crime victim. If the victim
693	693	14 does not provide such written consent, including where
694	694	15 necessary the appropriate signed document required for
695	695	16 waiving privilege, the prosecuting attorney must serve
696	696	17 the subpoena at least 21 days prior to the date a
697	697	18 response or appearance is required to allow the
698	698	19 subject of the subpoena time to file a motion to quash
699	699	20 or request a hearing. The prosecuting attorney must
700	700	21 also send a written notice to the victim at least 21
701	701	22 days prior to the response date to allow the victim to
702	702	23 file a motion or request a hearing. The notice to the
703	703	24 victim shall inform the victim (i) that a subpoena has
704	704	25 been issued for confidential information or records
705	705	26 concerning the victim, (ii) that the victim has the
706	706
707	707
708	708
709	709
710	710
711	711	HB3424 - 19 - LRB104 08148 RLC 18196 b
712	712
713	713
714	714	HB3424- 20 -LRB104 08148 RLC 18196 b HB3424 - 20 - LRB104 08148 RLC 18196 b
715	715	HB3424 - 20 - LRB104 08148 RLC 18196 b
716	716	1 right to request a hearing prior to the response date
717	717	2 of the subpoena, and (iii) how to request the hearing.
718	718	3 The notice to the victim shall also include a copy of
719	719	4 the subpoena. If requested, a hearing regarding the
720	720	5 subpoena shall occur before information or records are
721	721	6 provided to the prosecuting attorney.
722	722	7 (10) Right to notice of court proceedings. If the
723	723	8 victim is not present at a court proceeding in which a
724	724	9 right of the victim is at issue, the court shall ask the
725	725	10 prosecuting attorney whether the victim was notified of
726	726	11 the time, place, and purpose of the court proceeding and
727	727	12 that the victim had a right to be heard at the court
728	728	13 proceeding. If the court determines that timely notice was
729	729	14 not given or that the victim was not adequately informed
730	730	15 of the nature of the court proceeding, the court shall not
731	731	16 rule on any substantive issues, accept a plea, or impose a
732	732	17 sentence and shall continue the hearing for the time
733	733	18 necessary to notify the victim of the time, place and
734	734	19 nature of the court proceeding. The time between court
735	735	20 proceedings shall not be attributable to the State under
736	736	21 Section 103-5 of the Code of Criminal Procedure of 1963.
737	737	22 (11) Right to timely disposition of the case. A victim
738	738	23 has the right to timely disposition of the case so as to
739	739	24 minimize the stress, cost, and inconvenience resulting
740	740	25 from the victim's involvement in the case. Before ruling
741	741	26 on a motion to continue trial or other court proceeding,
742	742
743	743
744	744
745	745
746	746
747	747	HB3424 - 20 - LRB104 08148 RLC 18196 b
748	748
749	749
750	750	HB3424- 21 -LRB104 08148 RLC 18196 b HB3424 - 21 - LRB104 08148 RLC 18196 b
751	751	HB3424 - 21 - LRB104 08148 RLC 18196 b
752	752	1 the court shall inquire into the circumstances for the
753	753	2 request for the delay and, if the victim has provided
754	754	3 written notice of the assertion of the right to a timely
755	755	4 disposition, and whether the victim objects to the delay.
756	756	5 If the victim objects, the prosecutor shall inform the
757	757	6 court of the victim's objections. If the prosecutor has
758	758	7 not conferred with the victim about the continuance, the
759	759	8 prosecutor shall inform the court of the attempts to
760	760	9 confer. If the court finds the attempts of the prosecutor
761	761	10 to confer with the victim were inadequate to protect the
762	762	11 victim's right to be heard, the court shall give the
763	763	12 prosecutor at least 3 but not more than 5 business days to
764	764	13 confer with the victim. In ruling on a motion to continue,
765	765	14 the court shall consider the reasons for the requested
766	766	15 continuance, the number and length of continuances that
767	767	16 have been granted, the victim's objections and procedures
768	768	17 to avoid further delays. If a continuance is granted over
769	769	18 the victim's objection, the court shall specify on the
770	770	19 record the reasons for the continuance and the procedures
771	771	20 that have been or will be taken to avoid further delays.
772	772	21 (12) Right to Restitution.
773	773	22 (A) If the victim has asserted the right to
774	774	23 restitution and the amount of restitution is known at
775	775	24 the time of sentencing, the court shall enter the
776	776	25 judgment of restitution at the time of sentencing.
777	777	26 (B) If the victim has asserted the right to
778	778
779	779
780	780
781	781
782	782
783	783	HB3424 - 21 - LRB104 08148 RLC 18196 b
784	784
785	785
786	786	HB3424- 22 -LRB104 08148 RLC 18196 b HB3424 - 22 - LRB104 08148 RLC 18196 b
787	787	HB3424 - 22 - LRB104 08148 RLC 18196 b
788	788	1 restitution and the amount of restitution is not known
789	789	2 at the time of sentencing, the prosecutor shall,
790	790	3 within 5 days after sentencing, notify the victim what
791	791	4 information and documentation related to restitution
792	792	5 is needed and that the information and documentation
793	793	6 must be provided to the prosecutor within 45 days
794	794	7 after sentencing. Failure to timely provide
795	795	8 information and documentation related to restitution
796	796	9 shall be deemed a waiver of the right to restitution.
797	797	10 The prosecutor shall file and serve within 60 days
798	798	11 after sentencing a proposed judgment for restitution
799	799	12 and a notice that includes information concerning the
800	800	13 identity of any victims or other persons seeking
801	801	14 restitution, whether any victim or other person
802	802	15 expressly declines restitution, the nature and amount
803	803	16 of any damages together with any supporting
804	804	17 documentation, a restitution amount recommendation,
805	805	18 and the names of any co-defendants and their case
806	806	19 numbers. Within 30 days after receipt of the proposed
807	807	20 judgment for restitution, the defendant shall file any
808	808	21 objection to the proposed judgment, a statement of
809	809	22 grounds for the objection, and a financial statement.
810	810	23 If the defendant does not file an objection, the court
811	811	24 may enter the judgment for restitution without further
812	812	25 proceedings. If the defendant files an objection and
813	813	26 either party requests a hearing, the court shall
814	814
815	815
816	816
817	817
818	818
819	819	HB3424 - 22 - LRB104 08148 RLC 18196 b
820	820
821	821
822	822	HB3424- 23 -LRB104 08148 RLC 18196 b HB3424 - 23 - LRB104 08148 RLC 18196 b
823	823	HB3424 - 23 - LRB104 08148 RLC 18196 b
824	824	1 schedule a hearing.
825	825	2 (13) Access to presentence reports.
826	826	3 (A) The victim may request a copy of the
827	827	4 presentence report prepared under the Unified Code of
828	828	5 Corrections from the State's Attorney. The State's
829	829	6 Attorney shall redact the following information before
830	830	7 providing a copy of the report:
831	831	8 (i) the defendant's mental history and
832	832	9 condition;
833	833	10 (ii) any evaluation prepared under subsection
834	834	11 (b) or (b-5) of Section 5-3-2; and
835	835	12 (iii) the name, address, phone number, and
836	836	13 other personal information about any other victim.
837	837	14 (B) The State's Attorney or the defendant may
838	838	15 request the court redact other information in the
839	839	16 report that may endanger the safety of any person.
840	840	17 (C) The State's Attorney may orally disclose to
841	841	18 the victim any of the information that has been
842	842	19 redacted if there is a reasonable likelihood that the
843	843	20 information will be stated in court at the sentencing.
844	844	21 (D) The State's Attorney must advise the victim
845	845	22 that the victim must maintain the confidentiality of
846	846	23 the report and other information. Any dissemination of
847	847	24 the report or information that was not stated at a
848	848	25 court proceeding constitutes indirect criminal
849	849	26 contempt of court.
850	850
851	851
852	852
853	853
854	854
855	855	HB3424 - 23 - LRB104 08148 RLC 18196 b
856	856
857	857
858	858	HB3424- 24 -LRB104 08148 RLC 18196 b HB3424 - 24 - LRB104 08148 RLC 18196 b
859	859	HB3424 - 24 - LRB104 08148 RLC 18196 b
860	860	1 (14) Appellate relief. If the trial court denies the
861	861	2 relief requested, the victim, the victim's attorney, or
862	862	3 the prosecuting attorney may file an appeal within 30 days
863	863	4 of the trial court's ruling. The trial or appellate court
864	864	5 may stay the court proceedings if the court finds that a
865	865	6 stay would not violate a constitutional right of the
866	866	7 defendant. If the appellate court denies the relief
867	867	8 sought, the reasons for the denial shall be clearly stated
868	868	9 in a written opinion. In any appeal in a criminal case, the
869	869	10 State may assert as error the court's denial of any crime
870	870	11 victim's right in the proceeding to which the appeal
871	871	12 relates.
872	872	13 (15) Limitation on appellate relief. In no case shall
873	873	14 an appellate court provide a new trial to remedy the
874	874	15 violation of a victim's right.
875	875	16 (16) The right to be reasonably protected from the
876	876	17 accused throughout the criminal justice process and the
877	877	18 right to have the safety of the victim and the victim's
878	878	19 family considered in determining whether to release the
879	879	20 defendant, and setting conditions of release after arrest
880	880	21 and conviction. A victim of domestic violence, a sexual
881	881	22 offense, or stalking may request the entry of a protective
882	882	23 order under Article 112A of the Code of Criminal Procedure
883	883	24 of 1963.
884	884	25 (d) Procedures after the imposition of sentence.
885	885	26 (1) The Prisoner Review Board shall inform a victim or
886	886
887	887
888	888
889	889
890	890
891	891	HB3424 - 24 - LRB104 08148 RLC 18196 b
892	892
893	893
894	894	HB3424- 25 -LRB104 08148 RLC 18196 b HB3424 - 25 - LRB104 08148 RLC 18196 b
895	895	HB3424 - 25 - LRB104 08148 RLC 18196 b
896	896	1 any other concerned citizen, upon written request, of the
897	897	2 prisoner's release on parole, mandatory supervised
898	898	3 release, electronic detention, work release, international
899	899	4 transfer or exchange, or by the custodian, other than the
900	900	5 Department of Juvenile Justice, of the discharge of any
901	901	6 individual who was adjudicated a delinquent for a crime
902	902	7 from State custody and by the sheriff of the appropriate
903	903	8 county of any such person's final discharge from county
904	904	9 custody. The Prisoner Review Board, upon written request,
905	905	10 shall provide to a victim or any other concerned citizen a
906	906	11 recent photograph of any person convicted of a felony,
907	907	12 upon his or her release from custody. The Prisoner Review
908	908	13 Board, upon written request, shall inform a victim or any
909	909	14 other concerned citizen when feasible at least 7 days
910	910	15 prior to the prisoner's release on furlough of the times
911	911	16 and dates of such furlough. Upon written request by the
912	912	17 victim or any other concerned citizen, the State's
913	913	18 Attorney shall notify the person once of the times and
914	914	19 dates of release of a prisoner sentenced to periodic
915	915	20 imprisonment. Notification shall be based on the most
916	916	21 recent information as to the victim's or other concerned
917	917	22 citizen's residence or other location available to the
918	918	23 notifying authority.
919	919	24 (1.5) At least 48 hours prior to early release of the
920	920	25 prisoner from State custody or of the prisoner's pardon,
921	921	26 commutation, furlough, or granting of sentence credit, the
922	922
923	923
924	924
925	925
926	926
927	927	HB3424 - 25 - LRB104 08148 RLC 18196 b
928	928
929	929
930	930	HB3424- 26 -LRB104 08148 RLC 18196 b HB3424 - 26 - LRB104 08148 RLC 18196 b
931	931	HB3424 - 26 - LRB104 08148 RLC 18196 b
932	932	1 Prisoner Review Board shall inform a victim of the release
933	933	2 if the victim has previously requested notification of
934	934	3 that information. Notification shall be made before 5 p.m.
935	935	4 on weekdays. The notice shall include contact information
936	936	5 for the Prisoner Review Board. The notification shall be
937	937	6 based upon the most recent information as to the victim's
938	938	7 residence or other location available to the Board. When
939	939	8 no such information is available, the Board shall make all
940	940	9 reasonable efforts to obtain the information and make the
941	941	10 notification. This notification requirement is in addition
942	942	11 to any notification requirements pursuant to any other
943	943	12 statewide victim notification systems. The Board must
944	944	13 document notification efforts if that victim alleges lack
945	945	14 of notification under this paragraph (1.5).
946	946	15 (2) When the defendant has been committed to the
947	947	16 Department of Human Services pursuant to Section 5-2-4 or
948	948	17 any other provision of the Unified Code of Corrections,
949	949	18 the victim may request to be notified by the releasing
950	950	19 authority of the approval by the court of an on-grounds
951	951	20 pass, a supervised off-grounds pass, an unsupervised
952	952	21 off-grounds pass, or conditional release; the release on
953	953	22 an off-grounds pass; the return from an off-grounds pass;
954	954	23 transfer to another facility; conditional release; escape;
955	955	24 death; or final discharge from State custody. The
956	956	25 Department of Human Services shall establish and maintain
957	957	26 a statewide telephone number to be used by victims to make
958	958
959	959
960	960
961	961
962	962
963	963	HB3424 - 26 - LRB104 08148 RLC 18196 b
964	964
965	965
966	966	HB3424- 27 -LRB104 08148 RLC 18196 b HB3424 - 27 - LRB104 08148 RLC 18196 b
967	967	HB3424 - 27 - LRB104 08148 RLC 18196 b
968	968	1 notification requests under these provisions and shall
969	969	2 publicize this telephone number on its website and to the
970	970	3 State's Attorney of each county.
971	971	4 (3) In the event of an escape from State custody, the
972	972	5 Department of Corrections or the Department of Juvenile
973	973	6 Justice immediately shall notify the Prisoner Review Board
974	974	7 of the escape and the Prisoner Review Board shall notify
975	975	8 the victim. The notification shall be based upon the most
976	976	9 recent information as to the victim's residence or other
977	977	10 location available to the Board. When no such information
978	978	11 is available, the Board shall make all reasonable efforts
979	979	12 to obtain the information and make the notification. When
980	980	13 the escapee is apprehended, the Department of Corrections
981	981	14 or the Department of Juvenile Justice immediately shall
982	982	15 notify the Prisoner Review Board and the Board shall
983	983	16 notify the victim.
984	984	17 (4) The victim of the crime for which the prisoner has
985	985	18 been sentenced has the right to register with the Prisoner
986	986	19 Review Board's victim registry. Victims registered with
987	987	20 the Board shall receive reasonable written notice not less
988	988	21 than 30 days prior to the parole hearing or target
989	989	22 aftercare release date. The victim has the right to submit
990	990	23 a victim statement for consideration by the Prisoner
991	991	24 Review Board or the Department of Juvenile Justice in
992	992	25 writing, on film, videotape, or other electronic means, or
993	993	26 in the form of a recording prior to the parole hearing or
994	994
995	995
996	996
997	997
998	998
999	999	HB3424 - 27 - LRB104 08148 RLC 18196 b
1000	1000
1001	1001
1002	1002	HB3424- 28 -LRB104 08148 RLC 18196 b HB3424 - 28 - LRB104 08148 RLC 18196 b
1003	1003	HB3424 - 28 - LRB104 08148 RLC 18196 b
1004	1004	1 target aftercare release date, or in person at the parole
1005	1005	2 hearing or aftercare release protest hearing, or by
1006	1006	3 calling the toll-free number established in subsection (f)
1007	1007	4 of this Section. The victim shall be notified within 7
1008	1008	5 days after the prisoner has been granted parole or
1009	1009	6 aftercare release and shall be informed of the right to
1010	1010	7 inspect the registry of parole decisions, established
1011	1011	8 under subsection (g) of Section 3-3-5 of the Unified Code
1012	1012	9 of Corrections. The provisions of this paragraph (4) are
1013	1013	10 subject to the Open Parole Hearings Act. Victim statements
1014	1014	11 provided to the Board shall be confidential and
1015	1015	12 privileged, including any statements received prior to
1016	1016	13 January 1, 2020 (the effective date of Public Act
1017	1017	14 101-288), except if the statement was an oral statement
1018	1018	15 made by the victim at a hearing open to the public.
1019	1019	16 (4-1) The crime victim has the right to submit a
1020	1020	17 victim statement for consideration by the Prisoner Review
1021	1021	18 Board or the Department of Juvenile Justice prior to or at
1022	1022	19 a hearing to determine the conditions of mandatory
1023	1023	20 supervised release of a person sentenced to a determinate
1024	1024	21 sentence or at a hearing on revocation of mandatory
1025	1025	22 supervised release of a person sentenced to a determinate
1026	1026	23 sentence. A victim statement may be submitted in writing,
1027	1027	24 on film, videotape, or other electronic means, or in the
1028	1028	25 form of a recording, or orally at a hearing, or by calling
1029	1029	26 the toll-free number established in subsection (f) of this
1030	1030
1031	1031
1032	1032
1033	1033
1034	1034
1035	1035	HB3424 - 28 - LRB104 08148 RLC 18196 b
1036	1036
1037	1037
1038	1038	HB3424- 29 -LRB104 08148 RLC 18196 b HB3424 - 29 - LRB104 08148 RLC 18196 b
1039	1039	HB3424 - 29 - LRB104 08148 RLC 18196 b
1040	1040	1 Section. Victim statements provided to the Board shall be
1041	1041	2 confidential and privileged, including any statements
1042	1042	3 received prior to January 1, 2020 (the effective date of
1043	1043	4 Public Act 101-288), except if the statement was an oral
1044	1044	5 statement made by the victim at a hearing open to the
1045	1045	6 public.
1046	1046	7 (4-2) The crime victim has the right to submit a
1047	1047	8 victim statement to the Prisoner Review Board for
1048	1048	9 consideration at an executive clemency hearing as provided
1049	1049	10 in Section 3-3-13 of the Unified Code of Corrections. A
1050	1050	11 victim statement may be submitted in writing, on film,
1051	1051	12 videotape, or other electronic means, or in the form of a
1052	1052	13 recording prior to a hearing, or orally at a hearing, or by
1053	1053	14 calling the toll-free number established in subsection (f)
1054	1054	15 of this Section. Victim statements provided to the Board
1055	1055	16 shall be confidential and privileged, including any
1056	1056	17 statements received prior to January 1, 2020 (the
1057	1057	18 effective date of Public Act 101-288), except if the
1058	1058	19 statement was an oral statement made by the victim at a
1059	1059	20 hearing open to the public.
1060	1060	21 (5) If a statement is presented under Section 6, the
1061	1061	22 Prisoner Review Board or Department of Juvenile Justice
1062	1062	23 shall inform the victim of any order of discharge pursuant
1063	1063	24 to Section 3-2.5-85 or 3-3-8 of the Unified Code of
1064	1064	25 Corrections.
1065	1065	26 (6) At the written or oral request of the victim of the
1066	1066
1067	1067
1068	1068
1069	1069
1070	1070
1071	1071	HB3424 - 29 - LRB104 08148 RLC 18196 b
1072	1072
1073	1073
1074	1074	HB3424- 30 -LRB104 08148 RLC 18196 b HB3424 - 30 - LRB104 08148 RLC 18196 b
1075	1075	HB3424 - 30 - LRB104 08148 RLC 18196 b
1076	1076	1 crime for which the prisoner was sentenced or the State's
1077	1077	2 Attorney of the county where the person seeking parole or
1078	1078	3 aftercare release was prosecuted, the Prisoner Review
1079	1079	4 Board or Department of Juvenile Justice shall notify the
1080	1080	5 victim and the State's Attorney of the county where the
1081	1081	6 person seeking parole or aftercare release was prosecuted
1082	1082	7 of the death of the prisoner if the prisoner died while on
1083	1083	8 parole or aftercare release or mandatory supervised
1084	1084	9 release.
1085	1085	10 (7) When a defendant who has been committed to the
1086	1086	11 Department of Corrections, the Department of Juvenile
1087	1087	12 Justice, or the Department of Human Services is released
1088	1088	13 or discharged and subsequently committed to the Department
1089	1089	14 of Human Services as a sexually violent person and the
1090	1090	15 victim had requested to be notified by the releasing
1091	1091	16 authority of the defendant's discharge, conditional
1092	1092	17 release, death, or escape from State custody, the
1093	1093	18 releasing authority shall provide to the Department of
1094	1094	19 Human Services such information that would allow the
1095	1095	20 Department of Human Services to contact the victim.
1096	1096	21 (8) When a defendant has been convicted of a sex
1097	1097	22 offense as defined in Section 2 of the Sex Offender
1098	1098	23 Registration Act and has been sentenced to the Department
1099	1099	24 of Corrections or the Department of Juvenile Justice, the
1100	1100	25 Prisoner Review Board or the Department of Juvenile
1101	1101	26 Justice shall notify the victim of the sex offense of the
1102	1102
1103	1103
1104	1104
1105	1105
1106	1106
1107	1107	HB3424 - 30 - LRB104 08148 RLC 18196 b
1108	1108
1109	1109
1110	1110	HB3424- 31 -LRB104 08148 RLC 18196 b HB3424 - 31 - LRB104 08148 RLC 18196 b
1111	1111	HB3424 - 31 - LRB104 08148 RLC 18196 b
1112	1112	1 prisoner's eligibility for release on parole, aftercare
1113	1113	2 release, mandatory supervised release, electronic
1114	1114	3 detention, work release, international transfer or
1115	1115	4 exchange, or by the custodian of the discharge of any
1116	1116	5 individual who was adjudicated a delinquent for a sex
1117	1117	6 offense from State custody and by the sheriff of the
1118	1118	7 appropriate county of any such person's final discharge
1119	1119	8 from county custody. The notification shall be made to the
1120	1120	9 victim at least 30 days, whenever possible, before release
1121	1121	10 of the sex offender.
1122	1122	11 (e) The officials named in this Section may satisfy some
1123	1123	12 or all of their obligations to provide notices and other
1124	1124	13 information through participation in a statewide victim and
1125	1125	14 witness notification system established by the Attorney
1126	1126	15 General under Section 8.5 of this Act.
1127	1127	16 (f) The Prisoner Review Board shall establish a toll-free
1128	1128	17 number that may be accessed by the crime victim to present a
1129	1129	18 victim statement to the Board in accordance with paragraphs
1130	1130	19 (4), (4-1), and (4-2) of subsection (d).
1131	1131	20 (Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
1132	1132	21 101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
1133	1133	22 8-20-21; 102-813, eff. 5-13-22.)
1134	1134	23 Section 10. The Unified Code of Corrections is amended by
1135	1135	24 changing Sections 3-3-2, 3-3-9, and 3-14-1 and by adding
1136	1136	25 Section 3-3-1.1 as follows:
1137	1137
1138	1138
1139	1139
1140	1140
1141	1141
1142	1142	HB3424 - 31 - LRB104 08148 RLC 18196 b
1143	1143
1144	1144
1145	1145	HB3424- 32 -LRB104 08148 RLC 18196 b HB3424 - 32 - LRB104 08148 RLC 18196 b
1146	1146	HB3424 - 32 - LRB104 08148 RLC 18196 b
1147	1147	1 (730 ILCS 5/3-3-1.1 new)
1148	1148	2 Sec. 3-3-1.1. Mission of the Prisoner Review Board. The
1149	1149	3 mission of the Prisoner Review Board is to protect the rights
1150	1150	4 of victims of crime, their families, and the citizens of
1151	1151	5 Illinois by ensuring that the rule of law is upheld and justice
1152	1152	6 is carried out. The Board has the responsibility to consider
1153	1153	7 the statements of the victims, their family members, and
1154	1154	8 public safety officials when an inmate's situation is being
1155	1155	9 reviewed by the Board. The Board has the ability to impose
1156	1156	10 release conditions for incarcerated individuals who are
1157	1157	11 exiting penal facilities, revoke and restore good conduct
1158	1158	12 credits from inmates, and conduct hearings to determine
1159	1159	13 whether parolees have violated conditions of parole. The
1160	1160	14 Board, in its determinations, shall award significant weight
1161	1161	15 to the statements and positions of victims and their family
1162	1162	16 members in recommending parole. The Board also has the power
1163	1163	17 to make recommendations to the Governor relative to clemency
1164	1164	18 petitions for those convicted of violating Illinois laws.
1165	1165	19 (730 ILCS 5/3-3-2) (from Ch. 38, par. 1003-3-2)
1166	1166	20 Sec. 3-3-2. Powers and duties.
1167	1167	21 (a) The Parole and Pardon Board is abolished and the term
1168	1168	22 "Parole and Pardon Board" as used in any law of Illinois, shall
1169	1169	23 read "Prisoner Review Board." After February 1, 1978 (the
1170	1170	24 effective date of Public Act 81-1099), the Prisoner Review
1171	1171
1172	1172
1173	1173
1174	1174
1175	1175
1176	1176	HB3424 - 32 - LRB104 08148 RLC 18196 b
1177	1177
1178	1178
1179	1179	HB3424- 33 -LRB104 08148 RLC 18196 b HB3424 - 33 - LRB104 08148 RLC 18196 b
1180	1180	HB3424 - 33 - LRB104 08148 RLC 18196 b
1181	1181	1 Board shall provide by rule for the orderly transition of all
1182	1182	2 files, records, and documents of the Parole and Pardon Board
1183	1183	3 and for such other steps as may be necessary to effect an
1184	1184	4 orderly transition and shall:
1185	1185	5 (1) hear by at least one member and through a panel of
1186	1186	6 at least 3 members decide, cases of prisoners who were
1187	1187	7 sentenced under the law in effect prior to February 1,
1188	1188	8 1978 (the effective date of Public Act 81-1099), and who
1189	1189	9 are eligible for parole;
1190	1190	10 (2) hear by at least one member and through a panel of
1191	1191	11 at least 3 members decide, the conditions of parole and
1192	1192	12 the time of discharge from parole, impose sanctions for
1193	1193	13 violations of parole, and revoke parole for those
1194	1194	14 sentenced under the law in effect prior to February 1,
1195	1195	15 1978 (the effective date of Public Act 81-1099); provided
1196	1196	16 that the decision to parole and the conditions of parole
1197	1197	17 for all prisoners who were sentenced for first degree
1198	1198	18 murder or who received a minimum sentence of 20 years or
1199	1199	19 more under the law in effect prior to February 1, 1978
1200	1200	20 shall be determined by a majority vote of the Prisoner
1201	1201	21 Review Board. One representative supporting parole and one
1202	1202	22 representative opposing parole will be allowed to speak.
1203	1203	23 Their comments shall be limited to making corrections and
1204	1204	24 filling in omissions to the Board's presentation and
1205	1205	25 discussion;
1206	1206	26 (3) hear by at least one member and through a panel of
1207	1207
1208	1208
1209	1209
1210	1210
1211	1211
1212	1212	HB3424 - 33 - LRB104 08148 RLC 18196 b
1213	1213
1214	1214
1215	1215	HB3424- 34 -LRB104 08148 RLC 18196 b HB3424 - 34 - LRB104 08148 RLC 18196 b
1216	1216	HB3424 - 34 - LRB104 08148 RLC 18196 b
1217	1217	1 at least 3 members decide, the conditions of mandatory
1218	1218	2 supervised release and the time of discharge from
1219	1219	3 mandatory supervised release, impose sanctions for
1220	1220	4 violations of mandatory supervised release, and revoke
1221	1221	5 mandatory supervised release for those sentenced under the
1222	1222	6 law in effect after February 1, 1978 (the effective date
1223	1223	7 of Public Act 81-1099);
1224	1224	8 (3.5) hear by at least one member and through a panel
1225	1225	9 of at least 3 members decide, the conditions of mandatory
1226	1226	10 supervised release and the time of discharge from
1227	1227	11 mandatory supervised release, to impose sanctions for
1228	1228	12 violations of mandatory supervised release and revoke
1229	1229	13 mandatory supervised release for those serving extended
1230	1230	14 supervised release terms pursuant to paragraph (4) of
1231	1231	15 subsection (d) of Section 5-8-1;
1232	1232	16 (3.6) hear by at least one member and through a panel
1233	1233	17 of at least 3 members decide whether to revoke aftercare
1234	1234	18 release for those committed to the Department of Juvenile
1235	1235	19 Justice under the Juvenile Court Act of 1987;
1236	1236	20 (4) hear by at least one member and through a panel of
1237	1237	21 at least 3 members, decide cases brought by the Department
1238	1238	22 of Corrections against a prisoner in the custody of the
1239	1239	23 Department for alleged violation of Department rules with
1240	1240	24 respect to sentence credits under Section 3-6-3 of this
1241	1241	25 Code in which the Department seeks to revoke sentence
1242	1242	26 credits, if the amount of time at issue exceeds 30 days or
1243	1243
1244	1244
1245	1245
1246	1246
1247	1247
1248	1248	HB3424 - 34 - LRB104 08148 RLC 18196 b
1249	1249
1250	1250
1251	1251	HB3424- 35 -LRB104 08148 RLC 18196 b HB3424 - 35 - LRB104 08148 RLC 18196 b
1252	1252	HB3424 - 35 - LRB104 08148 RLC 18196 b
1253	1253	1 when, during any 12-month period, the cumulative amount of
1254	1254	2 credit revoked exceeds 30 days except where the infraction
1255	1255	3 is committed or discovered within 60 days of scheduled
1256	1256	4 release. In such cases, the Department of Corrections may
1257	1257	5 revoke up to 30 days of sentence credit. The Board may
1258	1258	6 subsequently approve the revocation of additional sentence
1259	1259	7 credit, if the Department seeks to revoke sentence credit
1260	1260	8 in excess of 30 days. However, the Board shall not be
1261	1261	9 empowered to review the Department's decision with respect
1262	1262	10 to the loss of 30 days of sentence credit for any prisoner
1263	1263	11 or to increase any penalty beyond the length requested by
1264	1264	12 the Department;
1265	1265	13 (5) hear by at least one member and through a panel of
1266	1266	14 at least 3 members decide, the release dates for certain
1267	1267	15 prisoners sentenced under the law in existence prior to
1268	1268	16 February 1, 1978 (the effective date of Public Act
1269	1269	17 81-1099), in accordance with Section 3-3-2.1 of this Code;
1270	1270	18 (6) hear by at least one member and through a panel of
1271	1271	19 at least 3 members decide, all requests for pardon,
1272	1272	20 reprieve or commutation, and make confidential
1273	1273	21 recommendations to the Governor;
1274	1274	22 (6.5) hear by at least one member who is qualified in
1275	1275	23 the field of juvenile matters and through a panel of at
1276	1276	24 least 3 members, 2 of whom are qualified in the field of
1277	1277	25 juvenile matters, decide parole review cases in accordance
1278	1278	26 with Section 5-4.5-115 of this Code and make release
1279	1279
1280	1280
1281	1281
1282	1282
1283	1283
1284	1284	HB3424 - 35 - LRB104 08148 RLC 18196 b
1285	1285
1286	1286
1287	1287	HB3424- 36 -LRB104 08148 RLC 18196 b HB3424 - 36 - LRB104 08148 RLC 18196 b
1288	1288	HB3424 - 36 - LRB104 08148 RLC 18196 b
1289	1289	1 determinations of persons under the age of 21 at the time
1290	1290	2 of the commission of an offense or offenses, other than
1291	1291	3 those persons serving sentences for first degree murder or
1292	1292	4 aggravated criminal sexual assault;
1293	1293	5 (6.6) hear by at least a quorum of the Prisoner Review
1294	1294	6 Board and decide by a majority of members present at the
1295	1295	7 hearing, in accordance with Section 5-4.5-115 of this
1296	1296	8 Code, release determinations of persons under the age of
1297	1297	9 21 at the time of the commission of an offense or offenses
1298	1298	10 of those persons serving sentences for first degree murder
1299	1299	11 or aggravated criminal sexual assault;
1300	1300	12 (7) comply with the requirements of the Open Parole
1301	1301	13 Hearings Act;
1302	1302	14 (8) hear by at least one member and, through a panel of
1303	1303	15 at least 3 members, decide cases brought by the Department
1304	1304	16 of Corrections against a prisoner in the custody of the
1305	1305	17 Department for court dismissal of a frivolous lawsuit
1306	1306	18 pursuant to Section 3-6-3(d) of this Code in which the
1307	1307	19 Department seeks to revoke up to 180 days of sentence
1308	1308	20 credit, and if the prisoner has not accumulated 180 days
1309	1309	21 of sentence credit at the time of the dismissal, then all
1310	1310	22 sentence credit accumulated by the prisoner shall be
1311	1311	23 revoked;
1312	1312	24 (9) hear by at least 3 members, and, through a panel of
1313	1313	25 at least 3 members, decide whether to grant certificates
1314	1314	26 of relief from disabilities or certificates of good
1315	1315
1316	1316
1317	1317
1318	1318
1319	1319
1320	1320	HB3424 - 36 - LRB104 08148 RLC 18196 b
1321	1321
1322	1322
1323	1323	HB3424- 37 -LRB104 08148 RLC 18196 b HB3424 - 37 - LRB104 08148 RLC 18196 b
1324	1324	HB3424 - 37 - LRB104 08148 RLC 18196 b
1325	1325	1 conduct as provided in Article 5.5 of Chapter V;
1326	1326	2 (9.1) notify the victim in the underlying case of the
1327	1327	3 offender's release on mandatory supervised release at
1328	1328	4 least 30 days prior to release and allow the victim to
1329	1329	5 provide a victim's statement to the Board. The victim's
1330	1330	6 statement shall be considered when determining the
1331	1331	7 conditions of the offender's mandatory supervised release;
1332	1332	8 and
1333	1333	9 (10) upon a petition by a person who has been
1334	1334	10 convicted of a Class 3 or Class 4 felony and who meets the
1335	1335	11 requirements of this paragraph, hear by at least 3 members
1336	1336	12 and, with the unanimous vote of a panel of 3 members, issue
1337	1337	13 a certificate of eligibility for sealing recommending that
1338	1338	14 the court order the sealing of all official records of the
1339	1339	15 arresting authority, the circuit court clerk, and the
1340	1340	16 Illinois State Police concerning the arrest and conviction
1341	1341	17 for the Class 3 or 4 felony. A person may not apply to the
1342	1342	18 Board for a certificate of eligibility for sealing:
1343	1343	19 (A) until 5 years have elapsed since the
1344	1344	20 expiration of his or her sentence;
1345	1345	21 (B) until 5 years have elapsed since any arrests
1346	1346	22 or detentions by a law enforcement officer for an
1347	1347	23 alleged violation of law, other than a petty offense,
1348	1348	24 traffic offense, conservation offense, or local
1349	1349	25 ordinance offense;
1350	1350	26 (C) if convicted of a violation of the Cannabis
1351	1351
1352	1352
1353	1353
1354	1354
1355	1355
1356	1356	HB3424 - 37 - LRB104 08148 RLC 18196 b
1357	1357
1358	1358
1359	1359	HB3424- 38 -LRB104 08148 RLC 18196 b HB3424 - 38 - LRB104 08148 RLC 18196 b
1360	1360	HB3424 - 38 - LRB104 08148 RLC 18196 b
1361	1361	1 Control Act, Illinois Controlled Substances Act, the
1362	1362	2 Methamphetamine Control and Community Protection Act,
1363	1363	3 the Methamphetamine Precursor Control Act, or the
1364	1364	4 Methamphetamine Precursor Tracking Act unless the
1365	1365	5 petitioner has completed a drug abuse program for the
1366	1366	6 offense on which sealing is sought and provides proof
1367	1367	7 that he or she has completed the program successfully;
1368	1368	8 (D) if convicted of:
1369	1369	9 (i) a sex offense described in Article 11 or
1370	1370	10 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
1371	1371	11 the Criminal Code of 1961 or the Criminal Code of
1372	1372	12 2012;
1373	1373	13 (ii) aggravated assault;
1374	1374	14 (iii) aggravated battery;
1375	1375	15 (iv) domestic battery;
1376	1376	16 (v) aggravated domestic battery;
1377	1377	17 (vi) violation of an order of protection;
1378	1378	18 (vii) an offense under the Criminal Code of
1379	1379	19 1961 or the Criminal Code of 2012 involving a
1380	1380	20 firearm;
1381	1381	21 (viii) driving while under the influence of
1382	1382	22 alcohol, other drug or drugs, intoxicating
1383	1383	23 compound or compounds, or any combination thereof;
1384	1384	24 (ix) aggravated driving while under the
1385	1385	25 influence of alcohol, other drug or drugs,
1386	1386	26 intoxicating compound or compounds, or any
1387	1387
1388	1388
1389	1389
1390	1390
1391	1391
1392	1392	HB3424 - 38 - LRB104 08148 RLC 18196 b
1393	1393
1394	1394
1395	1395	HB3424- 39 -LRB104 08148 RLC 18196 b HB3424 - 39 - LRB104 08148 RLC 18196 b
1396	1396	HB3424 - 39 - LRB104 08148 RLC 18196 b
1397	1397	1 combination thereof; or
1398	1398	2 (x) any crime defined as a crime of violence
1399	1399	3 under Section 2 of the Crime Victims Compensation
1400	1400	4 Act.
1401	1401	5 If a person has applied to the Board for a certificate
1402	1402	6 of eligibility for sealing and the Board denies the
1403	1403	7 certificate, the person must wait at least 4 years before
1404	1404	8 filing again or filing for pardon from the Governor unless
1405	1405	9 the Chairman of the Prisoner Review Board grants a waiver.
1406	1406	10 The decision to issue or refrain from issuing a
1407	1407	11 certificate of eligibility for sealing shall be at the
1408	1408	12 Board's sole discretion, and shall not give rise to any
1409	1409	13 cause of action against either the Board or its members.
1410	1410	14 The Board may only authorize the sealing of Class 3
1411	1411	15 and 4 felony convictions of the petitioner from one
1412	1412	16 information or indictment under this paragraph (10). A
1413	1413	17 petitioner may only receive one certificate of eligibility
1414	1414	18 for sealing under this provision for life; and
1415	1415	19 (11) upon a petition by a person who after having been
1416	1416	20 convicted of a Class 3 or Class 4 felony thereafter served
1417	1417	21 in the United States Armed Forces or National Guard of
1418	1418	22 this or any other state and had received an honorable
1419	1419	23 discharge from the United States Armed Forces or National
1420	1420	24 Guard or who at the time of filing the petition is enlisted
1421	1421	25 in the United States Armed Forces or National Guard of
1422	1422	26 this or any other state and served one tour of duty and who
1423	1423
1424	1424
1425	1425
1426	1426
1427	1427
1428	1428	HB3424 - 39 - LRB104 08148 RLC 18196 b
1429	1429
1430	1430
1431	1431	HB3424- 40 -LRB104 08148 RLC 18196 b HB3424 - 40 - LRB104 08148 RLC 18196 b
1432	1432	HB3424 - 40 - LRB104 08148 RLC 18196 b
1433	1433	1 meets the requirements of this paragraph, hear by at least
1434	1434	2 3 members and, with the unanimous vote of a panel of 3
1435	1435	3 members, issue a certificate of eligibility for
1436	1436	4 expungement recommending that the court order the
1437	1437	5 expungement of all official records of the arresting
1438	1438	6 authority, the circuit court clerk, and the Illinois State
1439	1439	7 Police concerning the arrest and conviction for the Class
1440	1440	8 3 or 4 felony. A person may not apply to the Board for a
1441	1441	9 certificate of eligibility for expungement:
1442	1442	10 (A) if convicted of:
1443	1443	11 (i) a sex offense described in Article 11 or
1444	1444	12 Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
1445	1445	13 the Criminal Code of 1961 or Criminal Code of
1446	1446	14 2012;
1447	1447	15 (ii) an offense under the Criminal Code of
1448	1448	16 1961 or Criminal Code of 2012 involving a firearm;
1449	1449	17 or
1450	1450	18 (iii) a crime of violence as defined in
1451	1451	19 Section 2 of the Crime Victims Compensation Act;
1452	1452	20 or
1453	1453	21 (B) if the person has not served in the United
1454	1454	22 States Armed Forces or National Guard of this or any
1455	1455	23 other state or has not received an honorable discharge
1456	1456	24 from the United States Armed Forces or National Guard
1457	1457	25 of this or any other state or who at the time of the
1458	1458	26 filing of the petition is serving in the United States
1459	1459
1460	1460
1461	1461
1462	1462
1463	1463
1464	1464	HB3424 - 40 - LRB104 08148 RLC 18196 b
1465	1465
1466	1466
1467	1467	HB3424- 41 -LRB104 08148 RLC 18196 b HB3424 - 41 - LRB104 08148 RLC 18196 b
1468	1468	HB3424 - 41 - LRB104 08148 RLC 18196 b
1469	1469	1 Armed Forces or National Guard of this or any other
1470	1470	2 state and has not completed one tour of duty.
1471	1471	3 If a person has applied to the Board for a certificate
1472	1472	4 of eligibility for expungement and the Board denies the
1473	1473	5 certificate, the person must wait at least 4 years before
1474	1474	6 filing again or filing for a pardon with authorization for
1475	1475	7 expungement from the Governor unless the Governor or
1476	1476	8 Chairman of the Prisoner Review Board grants a waiver.
1477	1477	9 (a-5) The Prisoner Review Board, with the cooperation of
1478	1478	10 and in coordination with the Department of Corrections and the
1479	1479	11 Department of Central Management Services, shall implement a
1480	1480	12 pilot project in 3 correctional institutions providing for the
1481	1481	13 conduct of hearings under paragraphs (1) and (4) of subsection
1482	1482	14 (a) of this Section through interactive video conferences. The
1483	1483	15 project shall be implemented within 6 months after January 1,
1484	1484	16 1997 (the effective date of Public Act 89-490). Within 6
1485	1485	17 months after the implementation of the pilot project, the
1486	1486	18 Prisoner Review Board, with the cooperation of and in
1487	1487	19 coordination with the Department of Corrections and the
1488	1488	20 Department of Central Management Services, shall report to the
1489	1489	21 Governor and the General Assembly regarding the use, costs,
1490	1490	22 effectiveness, and future viability of interactive video
1491	1491	23 conferences for Prisoner Review Board hearings.
1492	1492	24 (b) Upon recommendation of the Department the Board may
1493	1493	25 restore sentence credit previously revoked.
1494	1494	26 (c) The Board shall cooperate with the Department in
1495	1495
1496	1496
1497	1497
1498	1498
1499	1499
1500	1500	HB3424 - 41 - LRB104 08148 RLC 18196 b
1501	1501
1502	1502
1503	1503	HB3424- 42 -LRB104 08148 RLC 18196 b HB3424 - 42 - LRB104 08148 RLC 18196 b
1504	1504	HB3424 - 42 - LRB104 08148 RLC 18196 b
1505	1505	1 promoting an effective system of parole and mandatory
1506	1506	2 supervised release.
1507	1507	3 (d) The Board shall promulgate rules for the conduct of
1508	1508	4 its work, and the Chairman shall file a copy of such rules and
1509	1509	5 any amendments thereto with the Director and with the
1510	1510	6 Secretary of State.
1511	1511	7 (e) The Board shall keep records of all of its official
1512	1512	8 actions and shall make them accessible in accordance with law
1513	1513	9 and the rules of the Board.
1514	1514	10 (f) The Board or one who has allegedly violated the
1515	1515	11 conditions of his or her parole, aftercare release, or
1516	1516	12 mandatory supervised release may require by subpoena the
1517	1517	13 attendance and testimony of witnesses and the production of
1518	1518	14 documentary evidence relating to any matter under
1519	1519	15 investigation or hearing. The Chairman of the Board may sign
1520	1520	16 subpoenas which shall be served by any agent or public
1521	1521	17 official authorized by the Chairman of the Board, or by any
1522	1522	18 person lawfully authorized to serve a subpoena under the laws
1523	1523	19 of the State of Illinois. The attendance of witnesses, and the
1524	1524	20 production of documentary evidence, may be required from any
1525	1525	21 place in the State to a hearing location in the State before
1526	1526	22 the Chairman of the Board or his or her designated agent or
1527	1527	23 agents or any duly constituted Committee or Subcommittee of
1528	1528	24 the Board. Witnesses so summoned shall be paid the same fees
1529	1529	25 and mileage that are paid witnesses in the circuit courts of
1530	1530	26 the State, and witnesses whose depositions are taken and the
1531	1531
1532	1532
1533	1533
1534	1534
1535	1535
1536	1536	HB3424 - 42 - LRB104 08148 RLC 18196 b
1537	1537
1538	1538
1539	1539	HB3424- 43 -LRB104 08148 RLC 18196 b HB3424 - 43 - LRB104 08148 RLC 18196 b
1540	1540	HB3424 - 43 - LRB104 08148 RLC 18196 b
1541	1541	1 persons taking those depositions are each entitled to the same
1542	1542	2 fees as are paid for like services in actions in the circuit
1543	1543	3 courts of the State. Fees and mileage shall be vouchered for
1544	1544	4 payment when the witness is discharged from further
1545	1545	5 attendance.
1546	1546	6 In case of disobedience to a subpoena, the Board may
1547	1547	7 petition any circuit court of the State for an order requiring
1548	1548	8 the attendance and testimony of witnesses or the production of
1549	1549	9 documentary evidence or both. A copy of such petition shall be
1550	1550	10 served by personal service or by registered or certified mail
1551	1551	11 upon the person who has failed to obey the subpoena, and such
1552	1552	12 person shall be advised in writing that a hearing upon the
1553	1553	13 petition will be requested in a court room to be designated in
1554	1554	14 such notice before the judge hearing motions or extraordinary
1555	1555	15 remedies at a specified time, on a specified date, not less
1556	1556	16 than 10 nor more than 15 days after the deposit of the copy of
1557	1557	17 the written notice and petition in the U.S. mail addressed to
1558	1558	18 the person at his or her last known address or after the
1559	1559	19 personal service of the copy of the notice and petition upon
1560	1560	20 such person. The court upon the filing of such a petition, may
1561	1561	21 order the person refusing to obey the subpoena to appear at an
1562	1562	22 investigation or hearing, or to there produce documentary
1563	1563	23 evidence, if so ordered, or to give evidence relative to the
1564	1564	24 subject matter of that investigation or hearing. Any failure
1565	1565	25 to obey such order of the circuit court may be punished by that
1566	1566	26 court as a contempt of court.
1567	1567
1568	1568
1569	1569
1570	1570
1571	1571
1572	1572	HB3424 - 43 - LRB104 08148 RLC 18196 b
1573	1573
1574	1574
1575	1575	HB3424- 44 -LRB104 08148 RLC 18196 b HB3424 - 44 - LRB104 08148 RLC 18196 b
1576	1576	HB3424 - 44 - LRB104 08148 RLC 18196 b
1577	1577	1 Each member of the Board and any hearing officer
1578	1578	2 designated by the Board shall have the power to administer
1579	1579	3 oaths and to take the testimony of persons under oath.
1580	1580	4 (g) Except under subsection (a) of this Section, a
1581	1581	5 majority of the members then appointed to the Prisoner Review
1582	1582	6 Board shall constitute a quorum for the transaction of all
1583	1583	7 business of the Board.
1584	1584	8 (h) The Prisoner Review Board shall annually transmit to
1585	1585	9 the Director a detailed report of its work for the preceding
1586	1586	10 calendar year. The annual report shall also be transmitted to
1587	1587	11 the Governor for submission to the Legislature.
1588	1588	12 (Source: P.A. 101-288, eff. 1-1-20; 102-538, eff. 8-20-21;
1589	1589	13 102-558, eff. 8-20-21.)
1590	1590	14 (730 ILCS 5/3-3-9) (from Ch. 38, par. 1003-3-9)
1591	1591	15 Sec. 3-3-9. Violations; changes of conditions; preliminary
1592	1592	16 hearing; revocation of parole or mandatory supervised release;
1593	1593	17 revocation hearing.
1594	1594	18 (a) If prior to expiration or termination of the term of
1595	1595	19 parole or mandatory supervised release, a person violates a
1596	1596	20 condition set by the Prisoner Review Board or a condition of
1597	1597	21 parole or mandatory supervised release under Section 3-3-7 of
1598	1598	22 this Code to govern that term, the Board may:
1599	1599	23 (1) continue the existing term, with or without
1600	1600	24 modifying or enlarging the conditions; or
1601	1601	25 (1.5) for those released as a result of youthful
1602	1602
1603	1603
1604	1604
1605	1605
1606	1606
1607	1607	HB3424 - 44 - LRB104 08148 RLC 18196 b
1608	1608
1609	1609
1610	1610	HB3424- 45 -LRB104 08148 RLC 18196 b HB3424 - 45 - LRB104 08148 RLC 18196 b
1611	1611	HB3424 - 45 - LRB104 08148 RLC 18196 b
1612	1612	1 offender parole as set forth in Section 5-4.5-115 of this
1613	1613	2 Code, order that the inmate be subsequently rereleased to
1614	1614	3 serve a specified mandatory supervised release term not to
1615	1615	4 exceed the full term permitted under the provisions of
1616	1616	5 Section 5-4.5-115 and subsection (d) of Section 5-8-1 of
1617	1617	6 this Code and may modify or enlarge the conditions of the
1618	1618	7 release as the Board deems proper; or
1619	1619	8 (2) parole or release the person to a half-way house;
1620	1620	9 or
1621	1621	10 (3) revoke the parole or mandatory supervised release
1622	1622	11 and reconfine the person for a term computed in the
1623	1623	12 following manner:
1624	1624	13 (i) (A) For those sentenced under the law in
1625	1625	14 effect prior to this amendatory Act of 1977, the
1626	1626	15 recommitment shall be for any portion of the imposed
1627	1627	16 maximum term of imprisonment or confinement which had
1628	1628	17 not been served at the time of parole and the parole
1629	1629	18 term, less the time elapsed between the parole of the
1630	1630	19 person and the commission of the violation for which
1631	1631	20 parole was revoked;
1632	1632	21 (B) Except as set forth in paragraphs (C) and (D),
1633	1633	22 for those subject to mandatory supervised release
1634	1634	23 under paragraph (d) of Section 5-8-1 of this Code, the
1635	1635	24 recommitment shall be for the total mandatory
1636	1636	25 supervised release term, less the time elapsed between
1637	1637	26 the release of the person and the commission of the
1638	1638
1639	1639
1640	1640
1641	1641
1642	1642
1643	1643	HB3424 - 45 - LRB104 08148 RLC 18196 b
1644	1644
1645	1645
1646	1646	HB3424- 46 -LRB104 08148 RLC 18196 b HB3424 - 46 - LRB104 08148 RLC 18196 b
1647	1647	HB3424 - 46 - LRB104 08148 RLC 18196 b
1648	1648	1 violation for which mandatory supervised release is
1649	1649	2 revoked. The Board may also order that a prisoner
1650	1650	3 serve up to one year of the sentence imposed by the
1651	1651	4 court which was not served due to the accumulation of
1652	1652	5 sentence credit;
1653	1653	6 (C) For those subject to sex offender supervision
1654	1654	7 under clause (d)(4) of Section 5-8-1 of this Code, the
1655	1655	8 reconfinement period for violations of clauses (a)(3)
1656	1656	9 through (b-1)(15) of Section 3-3-7 shall not exceed 2
1657	1657	10 years from the date of reconfinement;
1658	1658	11 (D) For those released as a result of youthful
1659	1659	12 offender parole as set forth in Section 5-4.5-115 of
1660	1660	13 this Code, the reconfinement period shall be for the
1661	1661	14 total mandatory supervised release term, less the time
1662	1662	15 elapsed between the release of the person and the
1663	1663	16 commission of the violation for which mandatory
1664	1664	17 supervised release is revoked. The Board may also
1665	1665	18 order that a prisoner serve up to one year of the
1666	1666	19 mandatory supervised release term previously earned.
1667	1667	20 The Board may also order that the inmate be
1668	1668	21 subsequently rereleased to serve a specified mandatory
1669	1669	22 supervised release term not to exceed the full term
1670	1670	23 permitted under the provisions of Section 5-4.5-115
1671	1671	24 and subsection (d) of Section 5-8-1 of this Code and
1672	1672	25 may modify or enlarge the conditions of the release as
1673	1673	26 the Board deems proper;
1674	1674
1675	1675
1676	1676
1677	1677
1678	1678
1679	1679	HB3424 - 46 - LRB104 08148 RLC 18196 b
1680	1680
1681	1681
1682	1682	HB3424- 47 -LRB104 08148 RLC 18196 b HB3424 - 47 - LRB104 08148 RLC 18196 b
1683	1683	HB3424 - 47 - LRB104 08148 RLC 18196 b
1684	1684	1 (ii) the person shall be given credit against the
1685	1685	2 term of reimprisonment or reconfinement for time spent
1686	1686	3 in custody since he or she was paroled or released
1687	1687	4 which has not been credited against another sentence
1688	1688	5 or period of confinement;
1689	1689	6 (iii) (blank);
1690	1690	7 (iv) this Section is subject to the release under
1691	1691	8 supervision and the reparole and rerelease provisions
1692	1692	9 of Section 3-3-10.
1693	1693	10 (b) The Board may revoke parole or mandatory supervised
1694	1694	11 release for violation of a condition for the duration of the
1695	1695	12 term and for any further period which is reasonably necessary
1696	1696	13 for the adjudication of matters arising before its expiration.
1697	1697	14 The issuance of a warrant of arrest for an alleged violation of
1698	1698	15 the conditions of parole or mandatory supervised release shall
1699	1699	16 toll the running of the term until the final determination of
1700	1700	17 the charge. When parole or mandatory supervised release is not
1701	1701	18 revoked that period shall be credited to the term, unless a
1702	1702	19 community-based sanction is imposed as an alternative to
1703	1703	20 revocation and reincarceration, including a diversion
1704	1704	21 established by the Illinois Department of Corrections Parole
1705	1705	22 Services Unit prior to the holding of a preliminary parole
1706	1706	23 revocation hearing. Parolees who are diverted to a
1707	1707	24 community-based sanction shall serve the entire term of parole
1708	1708	25 or mandatory supervised release, if otherwise appropriate.
1709	1709	26 (b-5) The Board shall revoke parole or mandatory
1710	1710
1711	1711
1712	1712
1713	1713
1714	1714
1715	1715	HB3424 - 47 - LRB104 08148 RLC 18196 b
1716	1716
1717	1717
1718	1718	HB3424- 48 -LRB104 08148 RLC 18196 b HB3424 - 48 - LRB104 08148 RLC 18196 b
1719	1719	HB3424 - 48 - LRB104 08148 RLC 18196 b
1720	1720	1 supervised release for violation of the conditions prescribed
1721	1721	2 in paragraph (7.6) of subsection (a) of Section 3-3-7.
1722	1722	3 (c) A person charged with violating a condition of parole
1723	1723	4 or mandatory supervised release shall have a preliminary
1724	1724	5 hearing before a hearing officer designated by the Board to
1725	1725	6 determine if there is cause to hold the person for a revocation
1726	1726	7 hearing. However, no preliminary hearing need be held when
1727	1727	8 revocation is based upon new criminal charges and a court
1728	1728	9 finds probable cause on the new criminal charges or when the
1729	1729	10 revocation is based upon a new criminal conviction and a
1730	1730	11 certified copy of that conviction is available.
1731	1731	12 (d) Parole or mandatory supervised release shall not be
1732	1732	13 revoked without written notice to the offender setting forth
1733	1733	14 the violation of parole or mandatory supervised release
1734	1734	15 charged against him or her. Before the Board makes a decision
1735	1735	16 on whether to revoke an offender's parole or mandatory
1736	1736	17 supervised release, the Prisoner Review Board must run a LEADS
1737	1737	18 report. The Board shall publish on the Board's publicly
1738	1738	19 accessible website the name and identification number of
1739	1739	20 offenders alleged to have violated terms of parole or
1740	1740	21 mandatory supervised release, the Board's decision whether to
1741	1741	22 revoke parole or mandatory supervised release, and the names
1742	1742	23 of the voting Board members. This information shall only be
1743	1743	24 accessible while the offender is in State custody.
1744	1744	25 (e) A hearing on revocation shall be conducted before at
1745	1745	26 least one member of the Prisoner Review Board. The Board shall
1746	1746
1747	1747
1748	1748
1749	1749
1750	1750
1751	1751	HB3424 - 48 - LRB104 08148 RLC 18196 b
1752	1752
1753	1753
1754	1754	HB3424- 49 -LRB104 08148 RLC 18196 b HB3424 - 49 - LRB104 08148 RLC 18196 b
1755	1755	HB3424 - 49 - LRB104 08148 RLC 18196 b
1756	1756	1 may meet and order its actions in panels of 3 or more members.
1757	1757	2 The action of a majority of the panel shall be the action of
1758	1758	3 the Board. A record of the hearing shall be made. The victim of
1759	1759	4 the underlying offense shall be notified of the hearing prior
1760	1760	5 to the hearing and be afforded the opportunity to provide a
1761	1761	6 statement. The victim's statement shall be considered by the
1762	1762	7 Board. At the hearing the offender shall be permitted to:
1763	1763	8 (1) appear and answer the charge; and
1764	1764	9 (2) bring witnesses on his or her behalf.
1765	1765	10 (f) The Board shall either revoke parole or mandatory
1766	1766	11 supervised release or order the person's term continued with
1767	1767	12 or without modification or enlargement of the conditions. The
1768	1768	13 victim of the underlying offense shall be notified of the
1769	1769	14 Board's decision.
1770	1770	15 (g) Parole or mandatory supervised release shall not be
1771	1771	16 revoked for failure to make payments under the conditions of
1772	1772	17 parole or release unless the Board determines that such
1773	1773	18 failure is due to the offender's willful refusal to pay.
1774	1774	19 (Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20.)
1775	1775	20 (730 ILCS 5/3-14-1) (from Ch. 38, par. 1003-14-1)
1776	1776	21 Sec. 3-14-1. Release from the institution.
1777	1777	22 (a) Upon release of a person on parole, mandatory release,
1778	1778	23 final discharge, or pardon, the Department shall return all
1779	1779	24 property held for him, provide him with suitable clothing and
1780	1780	25 procure necessary transportation for him to his designated
1781	1781
1782	1782
1783	1783
1784	1784
1785	1785
1786	1786	HB3424 - 49 - LRB104 08148 RLC 18196 b
1787	1787
1788	1788
1789	1789	HB3424- 50 -LRB104 08148 RLC 18196 b HB3424 - 50 - LRB104 08148 RLC 18196 b
1790	1790	HB3424 - 50 - LRB104 08148 RLC 18196 b
1791	1791	1 place of residence and employment. It may provide such person
1792	1792	2 with a grant of money for travel and expenses which may be paid
1793	1793	3 in installments. The amount of the money grant shall be
1794	1794	4 determined by the Department.
1795	1795	5 (a-1) The Department shall, before a wrongfully imprisoned
1796	1796	6 person, as defined in Section 3-1-2 of this Code, is
1797	1797	7 discharged from the Department, provide him or her with any
1798	1798	8 documents necessary after discharge.
1799	1799	9 (a-2) The Department of Corrections may establish and
1800	1800	10 maintain, in any institution it administers, revolving funds
1801	1801	11 to be known as "Travel and Allowances Revolving Funds". These
1802	1802	12 revolving funds shall be used for advancing travel and expense
1803	1803	13 allowances to committed, paroled, and discharged prisoners.
1804	1804	14 The moneys paid into such revolving funds shall be from
1805	1805	15 appropriations to the Department for Committed, Paroled, and
1806	1806	16 Discharged Prisoners.
1807	1807	17 (a-3) Upon release of a person who is eligible to vote on
1808	1808	18 parole, mandatory release, final discharge, or pardon, the
1809	1809	19 Department shall provide the person with a form that informs
1810	1810	20 him or her that his or her voting rights have been restored and
1811	1811	21 a voter registration application. The Department shall have
1812	1812	22 available voter registration applications in the languages
1813	1813	23 provided by the Illinois State Board of Elections. The form
1814	1814	24 that informs the person that his or her rights have been
1815	1815	25 restored shall include the following information:
1816	1816	26 (1) All voting rights are restored upon release from
1817	1817
1818	1818
1819	1819
1820	1820
1821	1821
1822	1822	HB3424 - 50 - LRB104 08148 RLC 18196 b
1823	1823
1824	1824
1825	1825	HB3424- 51 -LRB104 08148 RLC 18196 b HB3424 - 51 - LRB104 08148 RLC 18196 b
1826	1826	HB3424 - 51 - LRB104 08148 RLC 18196 b
1827	1827	1 the Department's custody.
1828	1828	2 (2) A person who is eligible to vote must register in
1829	1829	3 order to be able to vote.
1830	1830	4 The Department of Corrections shall confirm that the
1831	1831	5 person received the voter registration application and has
1832	1832	6 been informed that his or her voting rights have been
1833	1833	7 restored.
1834	1834	8 (a-4) Prior to release of a person on parole, mandatory
1835	1835	9 supervised release, final discharge, or pardon, the Department
1836	1836	10 shall screen every person for Medicaid eligibility. Officials
1837	1837	11 of the correctional institution or facility where the
1838	1838	12 committed person is assigned shall assist an eligible person
1839	1839	13 to complete a Medicaid application to ensure that the person
1840	1840	14 begins receiving benefits as soon as possible after his or her
1841	1841	15 release. The application must include the eligible person's
1842	1842	16 address associated with his or her residence upon release from
1843	1843	17 the facility. If the residence is temporary, the eligible
1844	1844	18 person must notify the Department of Human Services of his or
1845	1845	19 her change in address upon transition to permanent housing.
1846	1846	20 (b) (Blank).
1847	1847	21 (c) Except as otherwise provided in this Code, the
1848	1848	22 Department shall establish procedures to provide written
1849	1849	23 notification of any release of any person who has been
1850	1850	24 convicted of a felony to the State's Attorney and sheriff of
1851	1851	25 the county from which the offender was committed, and the
1852	1852	26 State's Attorney and sheriff of the county into which the
1853	1853
1854	1854
1855	1855
1856	1856
1857	1857
1858	1858	HB3424 - 51 - LRB104 08148 RLC 18196 b
1859	1859
1860	1860
1861	1861	HB3424- 52 -LRB104 08148 RLC 18196 b HB3424 - 52 - LRB104 08148 RLC 18196 b
1862	1862	HB3424 - 52 - LRB104 08148 RLC 18196 b
1863	1863	1 offender is to be paroled or released. Except as otherwise
1864	1864	2 provided in this Code, the Department shall establish
1865	1865	3 procedures to provide written notification to the proper law
1866	1866	4 enforcement agency for any municipality of any release of any
1867	1867	5 person who has been convicted of a felony if the arrest of the
1868	1868	6 offender or the commission of the offense took place in the
1869	1869	7 municipality, if the offender is to be paroled or released
1870	1870	8 into the municipality, or if the offender resided in the
1871	1871	9 municipality at the time of the commission of the offense. If a
1872	1872	10 person convicted of a felony who is in the custody of the
1873	1873	11 Department of Corrections or on parole or mandatory supervised
1874	1874	12 release informs the Department that he or she has resided,
1875	1875	13 resides, or will reside at an address that is a housing
1876	1876	14 facility owned, managed, operated, or leased by a public
1877	1877	15 housing agency, the Department must send written notification
1878	1878	16 of that information to the public housing agency that owns,
1879	1879	17 manages, operates, or leases the housing facility. The written
1880	1880	18 notification shall, when possible, be given at least 14 days
1881	1881	19 before release of the person from custody, or as soon
1882	1882	20 thereafter as possible. The written notification shall be
1883	1883	21 provided electronically if the State's Attorney, sheriff,
1884	1884	22 proper law enforcement agency, or public housing agency has
1885	1885	23 provided the Department with an accurate and up to date email
1886	1886	24 address.
1887	1887	25 (c-1) (Blank).
1888	1888	26 (c-2) The Department shall establish procedures to provide
1889	1889
1890	1890
1891	1891
1892	1892
1893	1893
1894	1894	HB3424 - 52 - LRB104 08148 RLC 18196 b
1895	1895
1896	1896
1897	1897	HB3424- 53 -LRB104 08148 RLC 18196 b HB3424 - 53 - LRB104 08148 RLC 18196 b
1898	1898	HB3424 - 53 - LRB104 08148 RLC 18196 b
1899	1899	1 notice to the Illinois State Police of the release or
1900	1900	2 discharge of persons convicted of violations of the
1901	1901	3 Methamphetamine Control and Community Protection Act or a
1902	1902	4 violation of the Methamphetamine Precursor Control Act. The
1903	1903	5 Illinois State Police shall make this information available to
1904	1904	6 local, State, or federal law enforcement agencies upon
1905	1905	7 request.
1906	1906	8 (c-5) If a person on parole or mandatory supervised
1907	1907	9 release becomes a resident of a facility licensed or regulated
1908	1908	10 by the Department of Public Health, the Illinois Department of
1909	1909	11 Public Aid, or the Illinois Department of Human Services, the
1910	1910	12 Department of Corrections shall provide copies of the
1911	1911	13 following information to the appropriate licensing or
1912	1912	14 regulating Department and the licensed or regulated facility
1913	1913	15 where the person becomes a resident:
1914	1914	16 (1) The mittimus and any pre-sentence investigation
1915	1915	17 reports.
1916	1916	18 (2) The social evaluation prepared pursuant to Section
1917	1917	19 3-8-2.
1918	1918	20 (3) Any pre-release evaluation conducted pursuant to
1919	1919	21 subsection (j) of Section 3-6-2.
1920	1920	22 (4) Reports of disciplinary infractions and
1921	1921	23 dispositions.
1922	1922	24 (5) Any parole plan, including orders issued by the
1923	1923	25 Prisoner Review Board, and any violation reports and
1924	1924	26 dispositions.
1925	1925
1926	1926
1927	1927
1928	1928
1929	1929
1930	1930	HB3424 - 53 - LRB104 08148 RLC 18196 b
1931	1931
1932	1932
1933	1933	HB3424- 54 -LRB104 08148 RLC 18196 b HB3424 - 54 - LRB104 08148 RLC 18196 b
1934	1934	HB3424 - 54 - LRB104 08148 RLC 18196 b
1935	1935	1 (6) The name and contact information for the assigned
1936	1936	2 parole agent and parole supervisor.
1937	1937	3 This information shall be provided within 3 days of the
1938	1938	4 person becoming a resident of the facility.
1939	1939	5 (c-10) If a person on parole or mandatory supervised
1940	1940	6 release becomes a resident of a facility licensed or regulated
1941	1941	7 by the Department of Public Health, the Illinois Department of
1942	1942	8 Public Aid, or the Illinois Department of Human Services, the
1943	1943	9 Department of Corrections shall provide written notification
1944	1944	10 of such residence to the following:
1945	1945	11 (1) The Prisoner Review Board.
1946	1946	12 (2) The chief of police and sheriff in the
1947	1947	13 municipality and county in which the licensed facility is
1948	1948	14 located.
1949	1949	15 The notification shall be provided within 3 days of the
1950	1950	16 person becoming a resident of the facility.
1951	1951	17 (d) Upon the release of a committed person on parole,
1952	1952	18 mandatory supervised release, final discharge, or pardon, the
1953	1953	19 Department shall provide such person with information
1954	1954	20 concerning programs and services of the Illinois Department of
1955	1955	21 Public Health to ascertain whether such person has been
1956	1956	22 exposed to the human immunodeficiency virus (HIV) or any
1957	1957	23 identified causative agent of Acquired Immunodeficiency
1958	1958	24 Syndrome (AIDS).
1959	1959	25 (e) Upon the release of a committed person on parole,
1960	1960	26 mandatory supervised release, final discharge, pardon, or who
1961	1961
1962	1962
1963	1963
1964	1964
1965	1965
1966	1966	HB3424 - 54 - LRB104 08148 RLC 18196 b
1967	1967
1968	1968
1969	1969	HB3424- 55 -LRB104 08148 RLC 18196 b HB3424 - 55 - LRB104 08148 RLC 18196 b
1970	1970	HB3424 - 55 - LRB104 08148 RLC 18196 b
1971	1971	1 has been wrongfully imprisoned, the Department shall verify
1972	1972	2 the released person's full name, date of birth, and social
1973	1973	3 security number. If verification is made by the Department by
1974	1974	4 obtaining a certified copy of the released person's birth
1975	1975	5 certificate and the released person's social security card or
1976	1976	6 other documents authorized by the Secretary, the Department
1977	1977	7 shall provide the birth certificate and social security card
1978	1978	8 or other documents authorized by the Secretary to the released
1979	1979	9 person. If verification by the Department is done by means
1980	1980	10 other than obtaining a certified copy of the released person's
1981	1981	11 birth certificate and the released person's social security
1982	1982	12 card or other documents authorized by the Secretary, the
1983	1983	13 Department shall complete a verification form, prescribed by
1984	1984	14 the Secretary of State, and shall provide that verification
1985	1985	15 form to the released person.
1986	1986	16 (f) Forty-five days prior to the scheduled discharge of a
1987	1987	17 person committed to the custody of the Department of
1988	1988	18 Corrections, the Department shall give the person:
1989	1989	19 (1) who is otherwise uninsured an opportunity to apply
1990	1990	20 for health care coverage including medical assistance
1991	1991	21 under Article V of the Illinois Public Aid Code in
1992	1992	22 accordance with subsection (b) of Section 1-8.5 of the
1993	1993	23 Illinois Public Aid Code, and the Department of
1994	1994	24 Corrections shall provide assistance with completion of
1995	1995	25 the application for health care coverage including medical
1996	1996	26 assistance;
1997	1997
1998	1998
1999	1999
2000	2000
2001	2001
2002	2002	HB3424 - 55 - LRB104 08148 RLC 18196 b
2003	2003
2004	2004
2005	2005	HB3424- 56 -LRB104 08148 RLC 18196 b HB3424 - 56 - LRB104 08148 RLC 18196 b
2006	2006	HB3424 - 56 - LRB104 08148 RLC 18196 b
2007	2007	1 (2) information about obtaining a standard Illinois
2008	2008	2 Identification Card or a limited-term Illinois
2009	2009	3 Identification Card under Section 4 of the Illinois
2010	2010	4 Identification Card Act if the person has not been issued
2011	2011	5 an Illinois Identification Card under subsection (a-20) of
2012	2012	6 Section 4 of the Illinois Identification Card Act;
2013	2013	7 (3) information about voter registration and may
2014	2014	8 distribute information prepared by the State Board of
2015	2015	9 Elections. The Department of Corrections may enter into an
2016	2016	10 interagency contract with the State Board of Elections to
2017	2017	11 participate in the automatic voter registration program
2018	2018	12 and be a designated automatic voter registration agency
2019	2019	13 under Section 1A-16.2 of the Election Code;
2020	2020	14 (4) information about job listings upon discharge from
2021	2021	15 the correctional institution or facility;
2022	2022	16 (5) information about available housing upon discharge
2023	2023	17 from the correctional institution or facility;
2024	2024	18 (6) a directory of elected State officials and of
2025	2025	19 officials elected in the county and municipality, if any,
2026	2026	20 in which the committed person intends to reside upon
2027	2027	21 discharge from the correctional institution or facility;
2028	2028	22 and
2029	2029	23 (7) any other information that the Department of
2030	2030	24 Corrections deems necessary to provide the committed
2031	2031	25 person in order for the committed person to reenter the
2032	2032	26 community and avoid recidivism.
2033	2033
2034	2034
2035	2035
2036	2036
2037	2037
2038	2038	HB3424 - 56 - LRB104 08148 RLC 18196 b
2039	2039
2040	2040
2041	2041	HB3424- 57 -LRB104 08148 RLC 18196 b HB3424 - 57 - LRB104 08148 RLC 18196 b
2042	2042	HB3424 - 57 - LRB104 08148 RLC 18196 b
2043	2043	1 (g) Sixty days before the scheduled discharge of a person
2044	2044	2 committed to the custody of the Department or upon receipt of
2045	2045	3 the person's certified birth certificate and social security
2046	2046	4 card as set forth in subsection (d) of Section 3-8-1 of this
2047	2047	5 Act, whichever occurs later, the Department shall transmit an
2048	2048	6 application for an Identification Card to the Secretary of
2049	2049	7 State, in accordance with subsection (a-20) of Section 4 of
2050	2050	8 the Illinois Identification Card Act.
2051	2051	9 (h) Notification of an offender's release must be made for
2052	2052	10 those offenders who are being released after serving a
2053	2053	11 sentence for domestic battery, aggravated domestic battery, or
2054	2054	12 violation of an order of protection or who have previous
2055	2055	13 convictions for domestic battery, aggravated domestic battery,
2056	2056	14 or violation of an order of protection. For those persons
2057	2057	15 being released after serving a sentence for domestic battery,
2058	2058	16 aggravated domestic battery, or violation of an order of
2059	2059	17 protection the Department of Corrections shall notify, in
2060	2060	18 writing, the victim of the offense committed by the offender,
2061	2061	19 the law enforcement agencies and State's Attorneys' offices of
2062	2062	20 the county of conviction and the county where the offender
2063	2063	21 expects to reside not less than 30 days before the offender's
2064	2064	22 release. For those being released who have previous
2065	2065	23 convictions for domestic battery, aggravated domestic battery
2066	2066	24 or violation of an order of protection, the Department shall
2067	2067	25 notify in writing the victim of those previous offenses, if
2068	2068	26 contact information is known, the law enforcement agencies and
2069	2069
2070	2070
2071	2071
2072	2072
2073	2073
2074	2074	HB3424 - 57 - LRB104 08148 RLC 18196 b
2075	2075
2076	2076
2077	2077	HB3424- 58 -LRB104 08148 RLC 18196 b HB3424 - 58 - LRB104 08148 RLC 18196 b
2078	2078	HB3424 - 58 - LRB104 08148 RLC 18196 b
2079	2079	1 State's Attorneys' offices of the county of conviction and the
2080	2080	2 county where the offender expects to reside not less than 30
2081	2081	3 days before the offender's release.
2082	2082	4 The Department may adopt rules to implement this Section.
2083	2083	5 (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
2084	2084	6 102-606, eff. 1-1-22; 102-813, eff. 5-13-22; 103-345, eff.
2085	2085	7 1-1-24.)
2086	2086	8 Section 15. The Illinois Domestic Violence Act of 1986 is
2087	2087	9 amended by changing Section 214 as follows:
2088	2088	10 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
2089	2089	11 Sec. 214. Order of protection; remedies.
2090	2090	12 (a) Issuance of order. If the court finds that petitioner
2091	2091	13 has been abused by a family or household member or that
2092	2092	14 petitioner is a high-risk adult who has been abused,
2093	2093	15 neglected, or exploited, as defined in this Act, an order of
2094	2094	16 protection prohibiting the abuse, neglect, or exploitation
2095	2095	17 shall issue; provided that petitioner must also satisfy the
2096	2096	18 requirements of one of the following Sections, as appropriate:
2097	2097	19 Section 217 on emergency orders, Section 218 on interim
2098	2098	20 orders, or Section 219 on plenary orders. Petitioner shall not
2099	2099	21 be denied an order of protection because petitioner or
2100	2100	22 respondent is a minor. The court, when determining whether or
2101	2101	23 not to issue an order of protection, shall not require
2102	2102	24 physical manifestations of abuse on the person of the victim.
2103	2103
2104	2104
2105	2105
2106	2106
2107	2107
2108	2108	HB3424 - 58 - LRB104 08148 RLC 18196 b
2109	2109
2110	2110
2111	2111	HB3424- 59 -LRB104 08148 RLC 18196 b HB3424 - 59 - LRB104 08148 RLC 18196 b
2112	2112	HB3424 - 59 - LRB104 08148 RLC 18196 b
2113	2113	1 Modification and extension of prior orders of protection shall
2114	2114	2 be in accordance with this Act.
2115	2115	3 (b) Remedies and standards. The remedies to be included in
2116	2116	4 an order of protection shall be determined in accordance with
2117	2117	5 this Section and one of the following Sections, as
2118	2118	6 appropriate: Section 217 on emergency orders, Section 218 on
2119	2119	7 interim orders, and Section 219 on plenary orders. The
2120	2120	8 remedies listed in this subsection shall be in addition to
2121	2121	9 other civil or criminal remedies available to petitioner.
2122	2122	10 (1) Prohibition of abuse, neglect, or exploitation.
2123	2123	11 Prohibit respondent's harassment, interference with
2124	2124	12 personal liberty, intimidation of a dependent, physical
2125	2125	13 abuse, or willful deprivation, neglect or exploitation, as
2126	2126	14 defined in this Act, or stalking of the petitioner, as
2127	2127	15 defined in Section 12-7.3 of the Criminal Code of 2012, if
2128	2128	16 such abuse, neglect, exploitation, or stalking has
2129	2129	17 occurred or otherwise appears likely to occur if not
2130	2130	18 prohibited.
2131	2131	19 (2) Grant of exclusive possession of residence.
2132	2132	20 Prohibit respondent from entering or remaining in any
2133	2133	21 residence, household, or premises of the petitioner,
2134	2134	22 including one owned or leased by respondent, if petitioner
2135	2135	23 has a right to occupancy thereof. The grant of exclusive
2136	2136	24 possession of the residence, household, or premises shall
2137	2137	25 not affect title to real property, nor shall the court be
2138	2138	26 limited by the standard set forth in subsection (c-2) of
2139	2139
2140	2140
2141	2141
2142	2142
2143	2143
2144	2144	HB3424 - 59 - LRB104 08148 RLC 18196 b
2145	2145
2146	2146
2147	2147	HB3424- 60 -LRB104 08148 RLC 18196 b HB3424 - 60 - LRB104 08148 RLC 18196 b
2148	2148	HB3424 - 60 - LRB104 08148 RLC 18196 b
2149	2149	1 Section 501 of the Illinois Marriage and Dissolution of
2150	2150	2 Marriage Act.
2151	2151	3 (A) Right to occupancy. A party has a right to
2152	2152	4 occupancy of a residence or household if it is solely
2153	2153	5 or jointly owned or leased by that party, that party's
2154	2154	6 spouse, a person with a legal duty to support that
2155	2155	7 party or a minor child in that party's care, or by any
2156	2156	8 person or entity other than the opposing party that
2157	2157	9 authorizes that party's occupancy (e.g., a domestic
2158	2158	10 violence shelter). Standards set forth in subparagraph
2159	2159	11 (B) shall not preclude equitable relief.
2160	2160	12 (B) Presumption of hardships. If petitioner and
2161	2161	13 respondent each has the right to occupancy of a
2162	2162	14 residence or household, the court shall balance (i)
2163	2163	15 the hardships to respondent and any minor child or
2164	2164	16 dependent adult in respondent's care resulting from
2165	2165	17 entry of this remedy with (ii) the hardships to
2166	2166	18 petitioner and any minor child or dependent adult in
2167	2167	19 petitioner's care resulting from continued exposure to
2168	2168	20 the risk of abuse (should petitioner remain at the
2169	2169	21 residence or household) or from loss of possession of
2170	2170	22 the residence or household (should petitioner leave to
2171	2171	23 avoid the risk of abuse). When determining the balance
2172	2172	24 of hardships, the court shall also take into account
2173	2173	25 the accessibility of the residence or household.
2174	2174	26 Hardships need not be balanced if respondent does not
2175	2175
2176	2176
2177	2177
2178	2178
2179	2179
2180	2180	HB3424 - 60 - LRB104 08148 RLC 18196 b
2181	2181
2182	2182
2183	2183	HB3424- 61 -LRB104 08148 RLC 18196 b HB3424 - 61 - LRB104 08148 RLC 18196 b
2184	2184	HB3424 - 61 - LRB104 08148 RLC 18196 b
2185	2185	1 have a right to occupancy.
2186	2186	2 The balance of hardships is presumed to favor
2187	2187	3 possession by petitioner unless the presumption is
2188	2188	4 rebutted by a preponderance of the evidence, showing
2189	2189	5 that the hardships to respondent substantially
2190	2190	6 outweigh the hardships to petitioner and any minor
2191	2191	7 child or dependent adult in petitioner's care. The
2192	2192	8 court, on the request of petitioner or on its own
2193	2193	9 motion, may order respondent to provide suitable,
2194	2194	10 accessible, alternate housing for petitioner instead
2195	2195	11 of excluding respondent from a mutual residence or
2196	2196	12 household.
2197	2197	13 (3) Stay away order and additional prohibitions. Order
2198	2198	14 respondent to stay away from petitioner or any other
2199	2199	15 person protected by the order of protection, or prohibit
2200	2200	16 respondent from entering or remaining present at
2201	2201	17 petitioner's school, place of employment, or other
2202	2202	18 specified places at times when petitioner is present, or
2203	2203	19 both, if reasonable, given the balance of hardships.
2204	2204	20 Hardships need not be balanced for the court to enter a
2205	2205	21 stay away order or prohibit entry if respondent has no
2206	2206	22 right to enter the premises.
2207	2207	23 (A) If an order of protection grants petitioner
2208	2208	24 exclusive possession of the residence, or prohibits
2209	2209	25 respondent from entering the residence, or orders
2210	2210	26 respondent to stay away from petitioner or other
2211	2211
2212	2212
2213	2213
2214	2214
2215	2215
2216	2216	HB3424 - 61 - LRB104 08148 RLC 18196 b
2217	2217
2218	2218
2219	2219	HB3424- 62 -LRB104 08148 RLC 18196 b HB3424 - 62 - LRB104 08148 RLC 18196 b
2220	2220	HB3424 - 62 - LRB104 08148 RLC 18196 b
2221	2221	1 protected persons, then the court may allow respondent
2222	2222	2 access to the residence to remove items of clothing
2223	2223	3 and personal adornment used exclusively by respondent,
2224	2224	4 medications, and other items as the court directs. The
2225	2225	5 right to access shall be exercised on only one
2226	2226	6 occasion as the court directs and in the presence of an
2227	2227	7 agreed-upon adult third party or law enforcement
2228	2228	8 officer.
2229	2229	9 (B) When the petitioner and the respondent attend
2230	2230	10 the same public, private, or non-public elementary,
2231	2231	11 middle, or high school, the court when issuing an
2232	2232	12 order of protection and providing relief shall
2233	2233	13 consider the severity of the act, any continuing
2234	2234	14 physical danger or emotional distress to the
2235	2235	15 petitioner, the educational rights guaranteed to the
2236	2236	16 petitioner and respondent under federal and State law,
2237	2237	17 the availability of a transfer of the respondent to
2238	2238	18 another school, a change of placement or a change of
2239	2239	19 program of the respondent, the expense, difficulty,
2240	2240	20 and educational disruption that would be caused by a
2241	2241	21 transfer of the respondent to another school, and any
2242	2242	22 other relevant facts of the case. The court may order
2243	2243	23 that the respondent not attend the public, private, or
2244	2244	24 non-public elementary, middle, or high school attended
2245	2245	25 by the petitioner, order that the respondent accept a
2246	2246	26 change of placement or change of program, as
2247	2247
2248	2248
2249	2249
2250	2250
2251	2251
2252	2252	HB3424 - 62 - LRB104 08148 RLC 18196 b
2253	2253
2254	2254
2255	2255	HB3424- 63 -LRB104 08148 RLC 18196 b HB3424 - 63 - LRB104 08148 RLC 18196 b
2256	2256	HB3424 - 63 - LRB104 08148 RLC 18196 b
2257	2257	1 determined by the school district or private or
2258	2258	2 non-public school, or place restrictions on the
2259	2259	3 respondent's movements within the school attended by
2260	2260	4 the petitioner. The respondent bears the burden of
2261	2261	5 proving by a preponderance of the evidence that a
2262	2262	6 transfer, change of placement, or change of program of
2263	2263	7 the respondent is not available. The respondent also
2264	2264	8 bears the burden of production with respect to the
2265	2265	9 expense, difficulty, and educational disruption that
2266	2266	10 would be caused by a transfer of the respondent to
2267	2267	11 another school. A transfer, change of placement, or
2268	2268	12 change of program is not unavailable to the respondent
2269	2269	13 solely on the ground that the respondent does not
2270	2270	14 agree with the school district's or private or
2271	2271	15 non-public school's transfer, change of placement, or
2272	2272	16 change of program or solely on the ground that the
2273	2273	17 respondent fails or refuses to consent or otherwise
2274	2274	18 does not take an action required to effectuate a
2275	2275	19 transfer, change of placement, or change of program.
2276	2276	20 When a court orders a respondent to stay away from the
2277	2277	21 public, private, or non-public school attended by the
2278	2278	22 petitioner and the respondent requests a transfer to
2279	2279	23 another attendance center within the respondent's
2280	2280	24 school district or private or non-public school, the
2281	2281	25 school district or private or non-public school shall
2282	2282	26 have sole discretion to determine the attendance
2283	2283
2284	2284
2285	2285
2286	2286
2287	2287
2288	2288	HB3424 - 63 - LRB104 08148 RLC 18196 b
2289	2289
2290	2290
2291	2291	HB3424- 64 -LRB104 08148 RLC 18196 b HB3424 - 64 - LRB104 08148 RLC 18196 b
2292	2292	HB3424 - 64 - LRB104 08148 RLC 18196 b
2293	2293	1 center to which the respondent is transferred. In the
2294	2294	2 event the court order results in a transfer of the
2295	2295	3 minor respondent to another attendance center, a
2296	2296	4 change in the respondent's placement, or a change of
2297	2297	5 the respondent's program, the parents, guardian, or
2298	2298	6 legal custodian of the respondent is responsible for
2299	2299	7 transportation and other costs associated with the
2300	2300	8 transfer or change.
2301	2301	9 (C) The court may order the parents, guardian, or
2302	2302	10 legal custodian of a minor respondent to take certain
2303	2303	11 actions or to refrain from taking certain actions to
2304	2304	12 ensure that the respondent complies with the order. In
2305	2305	13 the event the court orders a transfer of the
2306	2306	14 respondent to another school, the parents, guardian,
2307	2307	15 or legal custodian of the respondent is responsible
2308	2308	16 for transportation and other costs associated with the
2309	2309	17 change of school by the respondent.
2310	2310	18 (4) Counseling. Require or recommend the respondent to
2311	2311	19 undergo counseling for a specified duration with a social
2312	2312	20 worker, psychologist, clinical psychologist,
2313	2313	21 psychiatrist, family service agency, alcohol or substance
2314	2314	22 abuse program, mental health center guidance counselor,
2315	2315	23 agency providing services to elders, program designed for
2316	2316	24 domestic violence abusers or any other guidance service
2317	2317	25 the court deems appropriate. The Court may order the
2318	2318	26 respondent in any intimate partner relationship to report
2319	2319
2320	2320
2321	2321
2322	2322
2323	2323
2324	2324	HB3424 - 64 - LRB104 08148 RLC 18196 b
2325	2325
2326	2326
2327	2327	HB3424- 65 -LRB104 08148 RLC 18196 b HB3424 - 65 - LRB104 08148 RLC 18196 b
2328	2328	HB3424 - 65 - LRB104 08148 RLC 18196 b
2329	2329	1 to an Illinois Department of Human Services protocol
2330	2330	2 approved partner abuse intervention program for an
2331	2331	3 assessment and to follow all recommended treatment.
2332	2332	4 (5) Physical care and possession of the minor child.
2333	2333	5 In order to protect the minor child from abuse, neglect,
2334	2334	6 or unwarranted separation from the person who has been the
2335	2335	7 minor child's primary caretaker, or to otherwise protect
2336	2336	8 the well-being of the minor child, the court may do either
2337	2337	9 or both of the following: (i) grant petitioner physical
2338	2338	10 care or possession of the minor child, or both, or (ii)
2339	2339	11 order respondent to return a minor child to, or not remove
2340	2340	12 a minor child from, the physical care of a parent or person
2341	2341	13 in loco parentis.
2342	2342	14 If a court finds, after a hearing, that respondent has
2343	2343	15 committed abuse (as defined in Section 103) of a minor
2344	2344	16 child, there shall be a rebuttable presumption that
2345	2345	17 awarding physical care to respondent would not be in the
2346	2346	18 minor child's best interest.
2347	2347	19 (6) Temporary allocation of parental responsibilities:
2348	2348	20 significant decision-making. Award temporary
2349	2349	21 decision-making responsibility to petitioner in accordance
2350	2350	22 with this Section, the Illinois Marriage and Dissolution
2351	2351	23 of Marriage Act, the Illinois Parentage Act of 2015, and
2352	2352	24 this State's Uniform Child-Custody Jurisdiction and
2353	2353	25 Enforcement Act.
2354	2354	26 If a court finds, after a hearing, that respondent has
2355	2355
2356	2356
2357	2357
2358	2358
2359	2359
2360	2360	HB3424 - 65 - LRB104 08148 RLC 18196 b
2361	2361
2362	2362
2363	2363	HB3424- 66 -LRB104 08148 RLC 18196 b HB3424 - 66 - LRB104 08148 RLC 18196 b
2364	2364	HB3424 - 66 - LRB104 08148 RLC 18196 b
2365	2365	1 committed abuse (as defined in Section 103) of a minor
2366	2366	2 child, there shall be a rebuttable presumption that
2367	2367	3 awarding temporary significant decision-making
2368	2368	4 responsibility to respondent would not be in the child's
2369	2369	5 best interest.
2370	2370	6 (7) Parenting time. Determine the parenting time, if
2371	2371	7 any, of respondent in any case in which the court awards
2372	2372	8 physical care or allocates temporary significant
2373	2373	9 decision-making responsibility of a minor child to
2374	2374	10 petitioner. The court shall restrict or deny respondent's
2375	2375	11 parenting time with a minor child if the court finds that
2376	2376	12 respondent has done or is likely to do any of the
2377	2377	13 following: (i) abuse or endanger the minor child during
2378	2378	14 parenting time; (ii) use the parenting time as an
2379	2379	15 opportunity to abuse or harass petitioner or petitioner's
2380	2380	16 family or household members; (iii) improperly conceal or
2381	2381	17 detain the minor child; or (iv) otherwise act in a manner
2382	2382	18 that is not in the best interests of the minor child. The
2383	2383	19 court shall not be limited by the standards set forth in
2384	2384	20 Section 603.10 of the Illinois Marriage and Dissolution of
2385	2385	21 Marriage Act. If the court grants parenting time, the
2386	2386	22 order shall specify dates and times for the parenting time
2387	2387	23 to take place or other specific parameters or conditions
2388	2388	24 that are appropriate. No order for parenting time shall
2389	2389	25 refer merely to the term "reasonable parenting time".
2390	2390	26 Petitioner may deny respondent access to the minor
2391	2391
2392	2392
2393	2393
2394	2394
2395	2395
2396	2396	HB3424 - 66 - LRB104 08148 RLC 18196 b
2397	2397
2398	2398
2399	2399	HB3424- 67 -LRB104 08148 RLC 18196 b HB3424 - 67 - LRB104 08148 RLC 18196 b
2400	2400	HB3424 - 67 - LRB104 08148 RLC 18196 b
2401	2401	1 child if, when respondent arrives for parenting time,
2402	2402	2 respondent is under the influence of drugs or alcohol and
2403	2403	3 constitutes a threat to the safety and well-being of
2404	2404	4 petitioner or petitioner's minor children or is behaving
2405	2405	5 in a violent or abusive manner.
2406	2406	6 If necessary to protect any member of petitioner's
2407	2407	7 family or household from future abuse, respondent shall be
2408	2408	8 prohibited from coming to petitioner's residence to meet
2409	2409	9 the minor child for parenting time, and the parties shall
2410	2410	10 submit to the court their recommendations for reasonable
2411	2411	11 alternative arrangements for parenting time. A person may
2412	2412	12 be approved to supervise parenting time only after filing
2413	2413	13 an affidavit accepting that responsibility and
2414	2414	14 acknowledging accountability to the court.
2415	2415	15 (8) Removal or concealment of minor child. Prohibit
2416	2416	16 respondent from removing a minor child from the State or
2417	2417	17 concealing the child within the State.
2418	2418	18 (9) Order to appear. Order the respondent to appear in
2419	2419	19 court, alone or with a minor child, to prevent abuse,
2420	2420	20 neglect, removal or concealment of the child, to return
2421	2421	21 the child to the custody or care of the petitioner or to
2422	2422	22 permit any court-ordered interview or examination of the
2423	2423	23 child or the respondent.
2424	2424	24 (10) Possession of personal property. Grant petitioner
2425	2425	25 exclusive possession of personal property and, if
2426	2426	26 respondent has possession or control, direct respondent to
2427	2427
2428	2428
2429	2429
2430	2430
2431	2431
2432	2432	HB3424 - 67 - LRB104 08148 RLC 18196 b
2433	2433
2434	2434
2435	2435	HB3424- 68 -LRB104 08148 RLC 18196 b HB3424 - 68 - LRB104 08148 RLC 18196 b
2436	2436	HB3424 - 68 - LRB104 08148 RLC 18196 b
2437	2437	1 promptly make it available to petitioner, if:
2438	2438	2 (i) petitioner, but not respondent, owns the
2439	2439	3 property; or
2440	2440	4 (ii) the parties own the property jointly; sharing
2441	2441	5 it would risk abuse of petitioner by respondent or is
2442	2442	6 impracticable; and the balance of hardships favors
2443	2443	7 temporary possession by petitioner.
2444	2444	8 If petitioner's sole claim to ownership of the
2445	2445	9 property is that it is marital property, the court may
2446	2446	10 award petitioner temporary possession thereof under the
2447	2447	11 standards of subparagraph (ii) of this paragraph only if a
2448	2448	12 proper proceeding has been filed under the Illinois
2449	2449	13 Marriage and Dissolution of Marriage Act, as now or
2450	2450	14 hereafter amended.
2451	2451	15 No order under this provision shall affect title to
2452	2452	16 property.
2453	2453	17 (11) Protection of property. Forbid the respondent
2454	2454	18 from taking, transferring, encumbering, concealing,
2455	2455	19 damaging or otherwise disposing of any real or personal
2456	2456	20 property, except as explicitly authorized by the court,
2457	2457	21 if:
2458	2458	22 (i) petitioner, but not respondent, owns the
2459	2459	23 property; or
2460	2460	24 (ii) the parties own the property jointly, and the
2461	2461	25 balance of hardships favors granting this remedy.
2462	2462	26 If petitioner's sole claim to ownership of the
2463	2463
2464	2464
2465	2465
2466	2466
2467	2467
2468	2468	HB3424 - 68 - LRB104 08148 RLC 18196 b
2469	2469
2470	2470
2471	2471	HB3424- 69 -LRB104 08148 RLC 18196 b HB3424 - 69 - LRB104 08148 RLC 18196 b
2472	2472	HB3424 - 69 - LRB104 08148 RLC 18196 b
2473	2473	1 property is that it is marital property, the court may
2474	2474	2 grant petitioner relief under subparagraph (ii) of this
2475	2475	3 paragraph only if a proper proceeding has been filed under
2476	2476	4 the Illinois Marriage and Dissolution of Marriage Act, as
2477	2477	5 now or hereafter amended.
2478	2478	6 The court may further prohibit respondent from
2479	2479	7 improperly using the financial or other resources of an
2480	2480	8 aged member of the family or household for the profit or
2481	2481	9 advantage of respondent or of any other person.
2482	2482	10 (11.5) Protection of animals. Grant the petitioner the
2483	2483	11 exclusive care, custody, or control of any animal owned,
2484	2484	12 possessed, leased, kept, or held by either the petitioner
2485	2485	13 or the respondent or a minor child residing in the
2486	2486	14 residence or household of either the petitioner or the
2487	2487	15 respondent and order the respondent to stay away from the
2488	2488	16 animal and forbid the respondent from taking,
2489	2489	17 transferring, encumbering, concealing, harming, or
2490	2490	18 otherwise disposing of the animal.
2491	2491	19 (12) Order for payment of support. Order respondent to
2492	2492	20 pay temporary support for the petitioner or any child in
2493	2493	21 the petitioner's care or over whom the petitioner has been
2494	2494	22 allocated parental responsibility, when the respondent has
2495	2495	23 a legal obligation to support that person, in accordance
2496	2496	24 with the Illinois Marriage and Dissolution of Marriage
2497	2497	25 Act, which shall govern, among other matters, the amount
2498	2498	26 of support, payment through the clerk and withholding of
2499	2499
2500	2500
2501	2501
2502	2502
2503	2503
2504	2504	HB3424 - 69 - LRB104 08148 RLC 18196 b
2505	2505
2506	2506
2507	2507	HB3424- 70 -LRB104 08148 RLC 18196 b HB3424 - 70 - LRB104 08148 RLC 18196 b
2508	2508	HB3424 - 70 - LRB104 08148 RLC 18196 b
2509	2509	1 income to secure payment. An order for child support may
2510	2510	2 be granted to a petitioner with lawful physical care of a
2511	2511	3 child, or an order or agreement for physical care of a
2512	2512	4 child, prior to entry of an order allocating significant
2513	2513	5 decision-making responsibility. Such a support order shall
2514	2514	6 expire upon entry of a valid order allocating parental
2515	2515	7 responsibility differently and vacating the petitioner's
2516	2516	8 significant decision-making authority, unless otherwise
2517	2517	9 provided in the order.
2518	2518	10 (13) Order for payment of losses. Order respondent to
2519	2519	11 pay petitioner for losses suffered as a direct result of
2520	2520	12 the abuse, neglect, or exploitation. Such losses shall
2521	2521	13 include, but not be limited to, medical expenses, lost
2522	2522	14 earnings or other support, repair or replacement of
2523	2523	15 property damaged or taken, reasonable attorney's fees,
2524	2524	16 court costs and moving or other travel expenses, including
2525	2525	17 additional reasonable expenses for temporary shelter and
2526	2526	18 restaurant meals.
2527	2527	19 (i) Losses affecting family needs. If a party is
2528	2528	20 entitled to seek maintenance, child support or
2529	2529	21 property distribution from the other party under the
2530	2530	22 Illinois Marriage and Dissolution of Marriage Act, as
2531	2531	23 now or hereafter amended, the court may order
2532	2532	24 respondent to reimburse petitioner's actual losses, to
2533	2533	25 the extent that such reimbursement would be
2534	2534	26 "appropriate temporary relief", as authorized by
2535	2535
2536	2536
2537	2537
2538	2538
2539	2539
2540	2540	HB3424 - 70 - LRB104 08148 RLC 18196 b
2541	2541
2542	2542
2543	2543	HB3424- 71 -LRB104 08148 RLC 18196 b HB3424 - 71 - LRB104 08148 RLC 18196 b
2544	2544	HB3424 - 71 - LRB104 08148 RLC 18196 b
2545	2545	1 subsection (a)(3) of Section 501 of that Act.
2546	2546	2 (ii) Recovery of expenses. In the case of an
2547	2547	3 improper concealment or removal of a minor child, the
2548	2548	4 court may order respondent to pay the reasonable
2549	2549	5 expenses incurred or to be incurred in the search for
2550	2550	6 and recovery of the minor child, including but not
2551	2551	7 limited to legal fees, court costs, private
2552	2552	8 investigator fees, and travel costs.
2553	2553	9 (14) Prohibition of entry. Prohibit the respondent
2554	2554	10 from entering or remaining in the residence or household
2555	2555	11 while the respondent is under the influence of alcohol or
2556	2556	12 drugs and constitutes a threat to the safety and
2557	2557	13 well-being of the petitioner or the petitioner's children.
2558	2558	14 (14.5) Prohibition of firearm possession.
2559	2559	15 (a) Prohibit a respondent against whom an order of
2560	2560	16 protection was issued from possessing any firearms
2561	2561	17 during the duration of the order if the order:
2562	2562	18 (1) was issued after a hearing of which such
2563	2563	19 person received actual notice, and at which such
2564	2564	20 person had an opportunity to participate;
2565	2565	21 (2) restrains such person from harassing,
2566	2566	22 stalking, or threatening an intimate partner of
2567	2567	23 such person or child of such intimate partner or
2568	2568	24 person, or engaging in other conduct that would
2569	2569	25 place an intimate partner in reasonable fear of
2570	2570	26 bodily injury to the partner or child; and
2571	2571
2572	2572
2573	2573
2574	2574
2575	2575
2576	2576	HB3424 - 71 - LRB104 08148 RLC 18196 b
2577	2577
2578	2578
2579	2579	HB3424- 72 -LRB104 08148 RLC 18196 b HB3424 - 72 - LRB104 08148 RLC 18196 b
2580	2580	HB3424 - 72 - LRB104 08148 RLC 18196 b
2581	2581	1 (3)(i) includes a finding that such person
2582	2582	2 represents a credible threat to the physical
2583	2583	3 safety of such intimate partner or child; or (ii)
2584	2584	4 by its terms explicitly prohibits the use,
2585	2585	5 attempted use, or threatened use of physical force
2586	2586	6 against such intimate partner or child that would
2587	2587	7 reasonably be expected to cause bodily injury.
2588	2588	8 Any Firearm Owner's Identification Card in the
2589	2589	9 possession of the respondent, except as provided in
2590	2590	10 subsection (b), shall be ordered by the court to be
2591	2591	11 turned over to the local law enforcement agency. The
2592	2592	12 local law enforcement agency shall immediately mail
2593	2593	13 the card to the Illinois State Police Firearm Owner's
2594	2594	14 Identification Card Office for safekeeping. The court
2595	2595	15 shall issue a warrant for seizure of any firearm in the
2596	2596	16 possession of the respondent, to be kept by the local
2597	2597	17 law enforcement agency for safekeeping, except as
2598	2598	18 provided in subsection (b). The period of safekeeping
2599	2599	19 shall be for the duration of the order of protection.
2600	2600	20 The firearm or firearms and Firearm Owner's
2601	2601	21 Identification Card, if unexpired, shall at the
2602	2602	22 respondent's request, be returned to the respondent at
2603	2603	23 the end of the order of protection. It is the
2604	2604	24 respondent's responsibility to notify the Illinois
2605	2605	25 State Police Firearm Owner's Identification Card
2606	2606	26 Office.
2607	2607
2608	2608
2609	2609
2610	2610
2611	2611
2612	2612	HB3424 - 72 - LRB104 08148 RLC 18196 b
2613	2613
2614	2614
2615	2615	HB3424- 73 -LRB104 08148 RLC 18196 b HB3424 - 73 - LRB104 08148 RLC 18196 b
2616	2616	HB3424 - 73 - LRB104 08148 RLC 18196 b
2617	2617	1 (b) If the respondent is a peace officer as
2618	2618	2 defined in Section 2-13 of the Criminal Code of 2012,
2619	2619	3 the court shall order that any firearms used by the
2620	2620	4 respondent in the performance of his or her duties as a
2621	2621	5 peace officer be surrendered to the chief law
2622	2622	6 enforcement executive of the agency in which the
2623	2623	7 respondent is employed, who shall retain the firearms
2624	2624	8 for safekeeping for the duration of the order of
2625	2625	9 protection.
2626	2626	10 (c) Upon expiration of the period of safekeeping,
2627	2627	11 if the firearms or Firearm Owner's Identification Card
2628	2628	12 cannot be returned to respondent because respondent
2629	2629	13 cannot be located, fails to respond to requests to
2630	2630	14 retrieve the firearms, or is not lawfully eligible to
2631	2631	15 possess a firearm, upon petition from the local law
2632	2632	16 enforcement agency, the court may order the local law
2633	2633	17 enforcement agency to destroy the firearms, use the
2634	2634	18 firearms for training purposes, or for any other
2635	2635	19 application as deemed appropriate by the local law
2636	2636	20 enforcement agency; or that the firearms be turned
2637	2637	21 over to a third party who is lawfully eligible to
2638	2638	22 possess firearms, and who does not reside with
2639	2639	23 respondent.
2640	2640	24 (15) Prohibition of access to records. If an order of
2641	2641	25 protection prohibits respondent from having contact with
2642	2642	26 the minor child, or if petitioner's address is omitted
2643	2643
2644	2644
2645	2645
2646	2646
2647	2647
2648	2648	HB3424 - 73 - LRB104 08148 RLC 18196 b
2649	2649
2650	2650
2651	2651	HB3424- 74 -LRB104 08148 RLC 18196 b HB3424 - 74 - LRB104 08148 RLC 18196 b
2652	2652	HB3424 - 74 - LRB104 08148 RLC 18196 b
2653	2653	1 under subsection (b) of Section 203, or if necessary to
2654	2654	2 prevent abuse or wrongful removal or concealment of a
2655	2655	3 minor child, the order shall deny respondent access to,
2656	2656	4 and prohibit respondent from inspecting, obtaining, or
2657	2657	5 attempting to inspect or obtain, school or any other
2658	2658	6 records of the minor child who is in the care of
2659	2659	7 petitioner.
2660	2660	8 (16) Order for payment of shelter services. Order
2661	2661	9 respondent to reimburse a shelter providing temporary
2662	2662	10 housing and counseling services to the petitioner for the
2663	2663	11 cost of the services, as certified by the shelter and
2664	2664	12 deemed reasonable by the court.
2665	2665	13 (17) Order for injunctive relief. Enter injunctive
2666	2666	14 relief necessary or appropriate to prevent further abuse
2667	2667	15 of a family or household member or further abuse, neglect,
2668	2668	16 or exploitation of a high-risk adult with disabilities or
2669	2669	17 to effectuate one of the granted remedies, if supported by
2670	2670	18 the balance of hardships. If the harm to be prevented by
2671	2671	19 the injunction is abuse or any other harm that one of the
2672	2672	20 remedies listed in paragraphs (1) through (16) of this
2673	2673	21 subsection is designed to prevent, no further evidence is
2674	2674	22 necessary that the harm is an irreparable injury.
2675	2675	23 (18) Telephone services.
2676	2676	24 (A) Unless a condition described in subparagraph
2677	2677	25 (B) of this paragraph exists, the court may, upon
2678	2678	26 request by the petitioner, order a wireless telephone
2679	2679
2680	2680
2681	2681
2682	2682
2683	2683
2684	2684	HB3424 - 74 - LRB104 08148 RLC 18196 b
2685	2685
2686	2686
2687	2687	HB3424- 75 -LRB104 08148 RLC 18196 b HB3424 - 75 - LRB104 08148 RLC 18196 b
2688	2688	HB3424 - 75 - LRB104 08148 RLC 18196 b
2689	2689	1 service provider to transfer to the petitioner the
2690	2690	2 right to continue to use a telephone number or numbers
2691	2691	3 indicated by the petitioner and the financial
2692	2692	4 responsibility associated with the number or numbers,
2693	2693	5 as set forth in subparagraph (C) of this paragraph.
2694	2694	6 For purposes of this paragraph (18), the term
2695	2695	7 "wireless telephone service provider" means a provider
2696	2696	8 of commercial mobile service as defined in 47 U.S.C.
2697	2697	9 332. The petitioner may request the transfer of each
2698	2698	10 telephone number that the petitioner, or a minor child
2699	2699	11 in his or her custody, uses. The clerk of the court
2700	2700	12 shall serve the order on the wireless telephone
2701	2701	13 service provider's agent for service of process
2702	2702	14 provided to the Illinois Commerce Commission. The
2703	2703	15 order shall contain all of the following:
2704	2704	16 (i) The name and billing telephone number of
2705	2705	17 the account holder including the name of the
2706	2706	18 wireless telephone service provider that serves
2707	2707	19 the account.
2708	2708	20 (ii) Each telephone number that will be
2709	2709	21 transferred.
2710	2710	22 (iii) A statement that the provider transfers
2711	2711	23 to the petitioner all financial responsibility for
2712	2712	24 and right to the use of any telephone number
2713	2713	25 transferred under this paragraph.
2714	2714	26 (B) A wireless telephone service provider shall
2715	2715
2716	2716
2717	2717
2718	2718
2719	2719
2720	2720	HB3424 - 75 - LRB104 08148 RLC 18196 b
2721	2721
2722	2722
2723	2723	HB3424- 76 -LRB104 08148 RLC 18196 b HB3424 - 76 - LRB104 08148 RLC 18196 b
2724	2724	HB3424 - 76 - LRB104 08148 RLC 18196 b
2725	2725	1 terminate the respondent's use of, and shall transfer
2726	2726	2 to the petitioner use of, the telephone number or
2727	2727	3 numbers indicated in subparagraph (A) of this
2728	2728	4 paragraph unless it notifies the petitioner, within 72
2729	2729	5 hours after it receives the order, that one of the
2730	2730	6 following applies:
2731	2731	7 (i) The account holder named in the order has
2732	2732	8 terminated the account.
2733	2733	9 (ii) A difference in network technology would
2734	2734	10 prevent or impair the functionality of a device on
2735	2735	11 a network if the transfer occurs.
2736	2736	12 (iii) The transfer would cause a geographic or
2737	2737	13 other limitation on network or service provision
2738	2738	14 to the petitioner.
2739	2739	15 (iv) Another technological or operational
2740	2740	16 issue would prevent or impair the use of the
2741	2741	17 telephone number if the transfer occurs.
2742	2742	18 (C) The petitioner assumes all financial
2743	2743	19 responsibility for and right to the use of any
2744	2744	20 telephone number transferred under this paragraph. In
2745	2745	21 this paragraph, "financial responsibility" includes
2746	2746	22 monthly service costs and costs associated with any
2747	2747	23 mobile device associated with the number.
2748	2748	24 (D) A wireless telephone service provider may
2749	2749	25 apply to the petitioner its routine and customary
2750	2750	26 requirements for establishing an account or
2751	2751
2752	2752
2753	2753
2754	2754
2755	2755
2756	2756	HB3424 - 76 - LRB104 08148 RLC 18196 b
2757	2757
2758	2758
2759	2759	HB3424- 77 -LRB104 08148 RLC 18196 b HB3424 - 77 - LRB104 08148 RLC 18196 b
2760	2760	HB3424 - 77 - LRB104 08148 RLC 18196 b
2761	2761	1 transferring a number, including requiring the
2762	2762	2 petitioner to provide proof of identification,
2763	2763	3 financial information, and customer preferences.
2764	2764	4 (E) Except for willful or wanton misconduct, a
2765	2765	5 wireless telephone service provider is immune from
2766	2766	6 civil liability for its actions taken in compliance
2767	2767	7 with a court order issued under this paragraph.
2768	2768	8 (F) All wireless service providers that provide
2769	2769	9 services to residential customers shall provide to the
2770	2770	10 Illinois Commerce Commission the name and address of
2771	2771	11 an agent for service of orders entered under this
2772	2772	12 paragraph (18). Any change in status of the registered
2773	2773	13 agent must be reported to the Illinois Commerce
2774	2774	14 Commission within 30 days of such change.
2775	2775	15 (G) The Illinois Commerce Commission shall
2776	2776	16 maintain the list of registered agents for service for
2777	2777	17 each wireless telephone service provider on the
2778	2778	18 Commission's website. The Commission may consult with
2779	2779	19 wireless telephone service providers and the Circuit
2780	2780	20 Court Clerks on the manner in which this information
2781	2781	21 is provided and displayed.
2782	2782	22 (c) Relevant factors; findings.
2783	2783	23 (1) In determining whether to grant a specific remedy,
2784	2784	24 other than payment of support, the court shall consider
2785	2785	25 relevant factors, including but not limited to the
2786	2786	26 following:
2787	2787
2788	2788
2789	2789
2790	2790
2791	2791
2792	2792	HB3424 - 77 - LRB104 08148 RLC 18196 b
2793	2793
2794	2794
2795	2795	HB3424- 78 -LRB104 08148 RLC 18196 b HB3424 - 78 - LRB104 08148 RLC 18196 b
2796	2796	HB3424 - 78 - LRB104 08148 RLC 18196 b
2797	2797	1 (i) the nature, frequency, severity, pattern and
2798	2798	2 consequences of the respondent's past abuse, neglect
2799	2799	3 or exploitation of the petitioner or any family or
2800	2800	4 household member, including the concealment of his or
2801	2801	5 her location in order to evade service of process or
2802	2802	6 notice, and the likelihood of danger of future abuse,
2803	2803	7 neglect, or exploitation to petitioner or any member
2804	2804	8 of petitioner's or respondent's family or household;
2805	2805	9 and
2806	2806	10 (ii) the danger that any minor child will be
2807	2807	11 abused or neglected or improperly relocated from the
2808	2808	12 jurisdiction, improperly concealed within the State or
2809	2809	13 improperly separated from the child's primary
2810	2810	14 caretaker.
2811	2811	15 (2) In comparing relative hardships resulting to the
2812	2812	16 parties from loss of possession of the family home, the
2813	2813	17 court shall consider relevant factors, including but not
2814	2814	18 limited to the following:
2815	2815	19 (i) availability, accessibility, cost, safety,
2816	2816	20 adequacy, location and other characteristics of
2817	2817	21 alternate housing for each party and any minor child
2818	2818	22 or dependent adult in the party's care;
2819	2819	23 (ii) the effect on the party's employment; and
2820	2820	24 (iii) the effect on the relationship of the party,
2821	2821	25 and any minor child or dependent adult in the party's
2822	2822	26 care, to family, school, church and community.
2823	2823
2824	2824
2825	2825
2826	2826
2827	2827
2828	2828	HB3424 - 78 - LRB104 08148 RLC 18196 b
2829	2829
2830	2830
2831	2831	HB3424- 79 -LRB104 08148 RLC 18196 b HB3424 - 79 - LRB104 08148 RLC 18196 b
2832	2832	HB3424 - 79 - LRB104 08148 RLC 18196 b
2833	2833	1 (3) Subject to the exceptions set forth in paragraph
2834	2834	2 (4) of this subsection, the court shall make its findings
2835	2835	3 in an official record or in writing, and shall at a minimum
2836	2836	4 set forth the following:
2837	2837	5 (i) That the court has considered the applicable
2838	2838	6 relevant factors described in paragraphs (1) and (2)
2839	2839	7 of this subsection.
2840	2840	8 (ii) Whether the conduct or actions of respondent,
2841	2841	9 unless prohibited, will likely cause irreparable harm
2842	2842	10 or continued abuse.
2843	2843	11 (iii) Whether it is necessary to grant the
2844	2844	12 requested relief in order to protect petitioner or
2845	2845	13 other alleged abused persons.
2846	2846	14 (4) For purposes of issuing an ex parte emergency
2847	2847	15 order of protection, the court, as an alternative to or as
2848	2848	16 a supplement to making the findings described in
2849	2849	17 paragraphs (c)(3)(i) through (c)(3)(iii) of this
2850	2850	18 subsection, may use the following procedure:
2851	2851	19 When a verified petition for an emergency order of
2852	2852	20 protection in accordance with the requirements of Sections
2853	2853	21 203 and 217 is presented to the court, the court shall
2854	2854	22 examine petitioner on oath or affirmation. An emergency
2855	2855	23 order of protection shall be issued by the court if it
2856	2856	24 appears from the contents of the petition and the
2857	2857	25 examination of petitioner that the averments are
2858	2858	26 sufficient to indicate abuse by respondent and to support
2859	2859
2860	2860
2861	2861
2862	2862
2863	2863
2864	2864	HB3424 - 79 - LRB104 08148 RLC 18196 b
2865	2865
2866	2866
2867	2867	HB3424- 80 -LRB104 08148 RLC 18196 b HB3424 - 80 - LRB104 08148 RLC 18196 b
2868	2868	HB3424 - 80 - LRB104 08148 RLC 18196 b
2869	2869	1 the granting of relief under the issuance of the emergency
2870	2870	2 order of protection.
2871	2871	3 (5) Never married parties. No rights or
2872	2872	4 responsibilities for a minor child born outside of
2873	2873	5 marriage attach to a putative father until a father and
2874	2874	6 child relationship has been established under the Illinois
2875	2875	7 Parentage Act of 1984, the Illinois Parentage Act of 2015,
2876	2876	8 the Illinois Public Aid Code, Section 12 of the Vital
2877	2877	9 Records Act, the Juvenile Court Act of 1987, the Probate
2878	2878	10 Act of 1975, the Revised Uniform Reciprocal Enforcement of
2879	2879	11 Support Act, the Uniform Interstate Family Support Act,
2880	2880	12 the Expedited Child Support Act of 1990, any judicial,
2881	2881	13 administrative, or other act of another state or
2882	2882	14 territory, any other Illinois statute, or by any foreign
2883	2883	15 nation establishing the father and child relationship, any
2884	2884	16 other proceeding substantially in conformity with the
2885	2885	17 Personal Responsibility and Work Opportunity
2886	2886	18 Reconciliation Act of 1996 (Pub. L. 104-193), or where
2887	2887	19 both parties appeared in open court or at an
2888	2888	20 administrative hearing acknowledging under oath or
2889	2889	21 admitting by affirmation the existence of a father and
2890	2890	22 child relationship. Absent such an adjudication, finding,
2891	2891	23 or acknowledgment, no putative father shall be granted
2892	2892	24 temporary allocation of parental responsibilities,
2893	2893	25 including parenting time with the minor child, or physical
2894	2894	26 care and possession of the minor child, nor shall an order
2895	2895
2896	2896
2897	2897
2898	2898
2899	2899
2900	2900	HB3424 - 80 - LRB104 08148 RLC 18196 b
2901	2901
2902	2902
2903	2903	HB3424- 81 -LRB104 08148 RLC 18196 b HB3424 - 81 - LRB104 08148 RLC 18196 b
2904	2904	HB3424 - 81 - LRB104 08148 RLC 18196 b
2905	2905	1 of payment for support of the minor child be entered.
2906	2906	2 (d) Balance of hardships; findings. If the court finds
2907	2907	3 that the balance of hardships does not support the granting of
2908	2908	4 a remedy governed by paragraph (2), (3), (10), (11), or (16) of
2909	2909	5 subsection (b) of this Section, which may require such
2910	2910	6 balancing, the court's findings shall so indicate and shall
2911	2911	7 include a finding as to whether granting the remedy will
2912	2912	8 result in hardship to respondent that would substantially
2913	2913	9 outweigh the hardship to petitioner from denial of the remedy.
2914	2914	10 The findings shall be an official record or in writing.
2915	2915	11 (e) Denial of remedies. Denial of any remedy shall not be
2916	2916	12 based, in whole or in part, on evidence that:
2917	2917	13 (1) Respondent has cause for any use of force, unless
2918	2918	14 that cause satisfies the standards for justifiable use of
2919	2919	15 force provided by Article 7 of the Criminal Code of 2012;
2920	2920	16 (2) Respondent was voluntarily intoxicated;
2921	2921	17 (3) Petitioner acted in self-defense or defense of
2922	2922	18 another, provided that, if petitioner utilized force, such
2923	2923	19 force was justifiable under Article 7 of the Criminal Code
2924	2924	20 of 2012;
2925	2925	21 (4) Petitioner did not act in self-defense or defense
2926	2926	22 of another;
2927	2927	23 (5) Petitioner left the residence or household to
2928	2928	24 avoid further abuse, neglect, or exploitation by
2929	2929	25 respondent;
2930	2930	26 (6) Petitioner did not leave the residence or
2931	2931
2932	2932
2933	2933
2934	2934
2935	2935
2936	2936	HB3424 - 81 - LRB104 08148 RLC 18196 b
2937	2937
2938	2938
2939	2939	HB3424- 82 -LRB104 08148 RLC 18196 b HB3424 - 82 - LRB104 08148 RLC 18196 b
2940	2940	HB3424 - 82 - LRB104 08148 RLC 18196 b
2941	2941	1 household to avoid further abuse, neglect, or exploitation
2942	2942	2 by respondent;
2943	2943	3 (7) Conduct by any family or household member excused
2944	2944	4 the abuse, neglect, or exploitation by respondent, unless
2945	2945	5 that same conduct would have excused such abuse, neglect,
2946	2946	6 or exploitation if the parties had not been family or
2947	2947	7 household members.
2948	2948	8 A petition for an order of protection may not be denied
2949	2949	9 upon the basis that the petitioner or the respondent is
2950	2950	10 incarcerated in a penal institution at the time of the filing
2951	2951	11 of the petition.
2952	2952	12 (Source: P.A. 102-538, eff. 8-20-21.)
2953	2953	HB3424- 83 -LRB104 08148 RLC 18196 b 1 INDEX 2 Statutes amended in order of appearance HB3424- 83 -LRB104 08148 RLC 18196 b HB3424 - 83 - LRB104 08148 RLC 18196 b 1 INDEX 2 Statutes amended in order of appearance
2954	2954	HB3424- 83 -LRB104 08148 RLC 18196 b HB3424 - 83 - LRB104 08148 RLC 18196 b
2955	2955	HB3424 - 83 - LRB104 08148 RLC 18196 b
2956	2956	1 INDEX
2957	2957	2 Statutes amended in order of appearance
2958	2958
2959	2959
2960	2960
2961	2961
2962	2962
2963	2963	HB3424 - 82 - LRB104 08148 RLC 18196 b
2964	2964
2965	2965
2966	2966
2967	2967	HB3424- 83 -LRB104 08148 RLC 18196 b HB3424 - 83 - LRB104 08148 RLC 18196 b
2968	2968	HB3424 - 83 - LRB104 08148 RLC 18196 b
2969	2969	1 INDEX
2970	2970	2 Statutes amended in order of appearance
2971	2971
2972	2972
2973	2973
2974	2974
2975	2975
2976	2976	HB3424 - 83 - LRB104 08148 RLC 18196 b