Bill Text: IL HB2095 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the court shall (rather than may) award the petitioner costs and attorney's fees if a stalking no contact order is granted. Provides that the court shall award the petitioner costs and attorney's fees if a civil no contact order is granted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2095 Detail]

Download: Illinois-2023-HB2095-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2095 Introduced , by Rep. Jennifer Sanalitro SYNOPSIS AS INTRODUCED:
740 ILCS 21/80
740 ILCS 22/213
Amends the Stalking No Contact Order Act and the Civil No Contact Order Act. Provides that the court shall (rather than may) award the petitioner costs and attorney's fees if a stalking no contact order is granted. Provides that the court shall award the petitioner costs and attorney's fees if a civil no contact order is granted.
LRB103 27732 LNS 54109 b
A BILL FOR
HB2095 LRB103 27732 LNS 54109 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Stalking No Contact Order Act is amended by
changing Section 80 as follows:
(740 ILCS 21/80)
Sec. 80. Stalking no contact orders; remedies.
(a) If the court finds that the petitioner has been a
victim of stalking, a stalking no contact order shall issue;
provided that the petitioner must also satisfy the
requirements of Section 95 on emergency orders or Section 100
on plenary orders. The petitioner shall not be denied a
stalking no contact order because the petitioner or the
respondent is a minor. The court, when determining whether or
not to issue a stalking no contact order, may not require
physical injury on the person of the petitioner. Modification
and extension of prior stalking no contact orders shall be in
accordance with this Act.
(b) A stalking no contact order shall order one or more of
the following:
(1) prohibit the respondent from threatening to commit
or committing stalking;
(2) order the respondent not to have any contact with

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the petitioner or a third person specifically named by the
court;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within a specified distance
of the petitioner or the petitioner's residence, school,
daycare, or place of employment, or any specified place
frequented by the petitioner; however, the court may order
the respondent to stay away from the respondent's own
residence, school, or place of employment only if the
respondent has been provided actual notice of the
opportunity to appear and be heard on the petition;
(4) prohibit the respondent from possessing a Firearm
Owners Identification Card, or possessing or buying
firearms; and
(5) order other injunctive relief the court determines
to be necessary to protect the petitioner or third party
specifically named by the court.
(b-5) When the petitioner and the respondent attend the
same public, private, or non-public elementary, middle, or
high school, the court when issuing a stalking no contact
order and providing relief shall consider the severity of the
act, any continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to the
petitioner and respondent under federal and State law, the
availability of a transfer of the respondent to another
school, a change of placement or a change of program of the

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respondent, the expense, difficulty, and educational
disruption that would be caused by a transfer of the
respondent to another school, and any other relevant facts of
the case. The court may order that the respondent not attend
the public, private, or non-public elementary, middle, or high
school attended by the petitioner, order that the respondent
accept a change of placement or program, as determined by the
school district or private or non-public school, or place
restrictions on the respondent's movements within the school
attended by the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a transfer,
change of placement, or change of program of the respondent is
not available. The respondent also bears the burden of
production with respect to the expense, difficulty, and
educational disruption that would be caused by a transfer of
the respondent to another school. A transfer, change of
placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another

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attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-6) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents, guardian, or legal custodian of the respondent are
responsible for transportation and other costs associated with
the change of school by the respondent.
(b-7) The court shall not hold a school district or
private or non-public school or any of its employees in civil
or criminal contempt unless the school district or private or
non-public school has been allowed to intervene.
(b-8) The court may hold the parents, guardian, or legal
custodian of a minor respondent in civil or criminal contempt
for a violation of any provision of any order entered under
this Act for conduct of the minor respondent in violation of

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this Act if the parents, guardian, or legal custodian
directed, encouraged, or assisted the respondent minor in such
conduct.
(c) The court shall may award the petitioner costs and
attorney's attorneys fees if a stalking no contact order is
granted.
(d) Monetary damages are not recoverable as a remedy.
(e) If the stalking no contact order prohibits the
respondent from possessing a Firearm Owner's Identification
Card, or possessing or buying firearms; the court shall
confiscate the respondent's Firearm Owner's Identification
Card and immediately return the card to the Illinois State
Police Firearm Owner's Identification Card Office.
(Source: P.A. 102-538, eff. 8-20-21.)
Section 10. The Civil No Contact Order Act is amended by
changing Section 213 as follows:
(740 ILCS 22/213)
Sec. 213. Civil no contact order; remedies.
(a) If the court finds that the petitioner has been a
victim of non-consensual sexual conduct or non-consensual
sexual penetration, a civil no contact order shall issue;
provided that the petitioner must also satisfy the
requirements of Section 214 on emergency orders or Section 215
on plenary orders. The petitioner shall not be denied a civil

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no contact order because the petitioner or the respondent is a
minor. The court, when determining whether or not to issue a
civil no contact order, may not require physical injury on the
person of the victim. Modification and extension of prior
civil no contact orders shall be in accordance with this Act.
(a-5) (Blank).
(b) (Blank).
(b-5) The court may provide relief as follows:
(1) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner;
(2) restrain the respondent from having any contact,
including nonphysical contact and electronic communication
as defined in Section 26.5-0.1 of the Criminal Code of
2012, with the petitioner directly, indirectly, or through
third parties, regardless of whether those third parties
know of the order;
(3) prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified
distance from the petitioner's residence, school, day care
or other specified location;
(4) order the respondent to stay away from any
property or animal owned, possessed, leased, kept, or held
by the petitioner and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or
otherwise disposing of the property or animal; and

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(5) order any other injunctive relief as necessary or
appropriate for the protection of the petitioner.
(b-6) When the petitioner and the respondent attend the
same public or private elementary, middle, or high school, the
court when issuing a civil no contact order and providing
relief shall consider the severity of the act, any continuing
physical danger or emotional distress to the petitioner, the
educational rights guaranteed to the petitioner and respondent
under federal and State law, the availability of a transfer of
the respondent to another school, a change of placement or a
change of program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school, and any other relevant
facts of the case. The court may order that the respondent not
attend the public, private, or non-public elementary, middle,
or high school attended by the petitioner, order that the
respondent accept a change of placement or program, as
determined by the school district or private or non-public
school, or place restrictions on the respondent's movements
within the school attended by the petitioner. The respondent
bears the burden of proving by a preponderance of the evidence
that a transfer, change of placement, or change of program of
the respondent is not available. The respondent also bears the
burden of production with respect to the expense, difficulty,
and educational disruption that would be caused by a transfer
of the respondent to another school. A transfer, change of

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placement, or change of program is not unavailable to the
respondent solely on the ground that the respondent does not
agree with the school district's or private or non-public
school's transfer, change of placement, or change of program
or solely on the ground that the respondent fails or refuses to
consent to or otherwise does not take an action required to
effectuate a transfer, change of placement, or change of
program. When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to another
attendance center within the respondent's school district or
private or non-public school, the school district or private
or non-public school shall have sole discretion to determine
the attendance center to which the respondent is transferred.
In the event the court order results in a transfer of the minor
respondent to another attendance center, a change in the
respondent's placement, or a change of the respondent's
program, the parents, guardian, or legal custodian of the
respondent is responsible for transportation and other costs
associated with the transfer or change.
(b-7) The court may order the parents, guardian, or legal
custodian of a minor respondent to take certain actions or to
refrain from taking certain actions to ensure that the
respondent complies with the order. In the event the court
orders a transfer of the respondent to another school, the
parents or legal guardians of the respondent are responsible

HB2095 - 9 - LRB103 27732 LNS 54109 b
for transportation and other costs associated with the change
of school by the respondent.
(c) Denial of a remedy may not be based, in whole or in
part, on evidence that:
(1) the respondent has cause for any use of force,
unless that cause satisfies the standards for justifiable
use of force provided by Article 7 of the Criminal Code of
2012;
(2) the respondent was voluntarily intoxicated;
(3) the petitioner acted in self-defense or defense of
another, provided that, if the petitioner utilized force,
such force was justifiable under Article 7 of the Criminal
Code of 2012;
(4) the petitioner did not act in self-defense or
defense of another;
(5) the petitioner left the residence or household to
avoid further non-consensual sexual conduct or
non-consensual sexual penetration by the respondent; or
(6) the petitioner did not leave the residence or
household to avoid further non-consensual sexual conduct
or non-consensual sexual penetration by the respondent.
(d) Monetary damages are not recoverable as a remedy.
(e) The court shall award the petitioner costs and
attorney's fees if a civil no contact order is granted.
(Source: P.A. 101-255, eff. 1-1-20; 102-220, eff. 1-1-22;
102-831, eff. 5-13-22.)