Bill Text: IL HB2818 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the Address Confidentiality for Victims of Domestic Violence Act. Provides that a person who is a victim of, among other things, sexual assault or stalking may apply for the address confidentiality program under the Act.

Spectrum: Slight Partisan Bill (Democrat 15-5)

Status: (Enrolled) 2019-06-28 - Sent to the Governor [HB2818 Detail]

Download: Illinois-2019-HB2818-Enrolled.html



HB2818 EnrolledLRB101 07051 LNS 52087 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing Section
520-3 as follows:
6 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
7 Sec. 20-3. The election authority shall furnish the
8following applications for registration by mail or vote by mail
9ballot which shall be considered a method of application in
10lieu of the official postcard.
11 1. Members of the United States Service, citizens of the
12United States temporarily residing outside the territorial
13limits of the United States, and certified program participants
14under the Address Confidentiality for Victims of Domestic
15Violence, Sexual Assault, or Stalking Act may make application
16within the periods prescribed in Sections 20-2 or 20-2.1, as
17the case may be. Such application shall be substantially in the
18following form:
19
"APPLICATION FOR BALLOT
20 To be voted at the ............ election in the precinct in
21which is located my residence at ..............., in the
22city/village/township of ............(insert home address)
23County of ........... and State of Illinois.

HB2818 Enrolled- 2 -LRB101 07051 LNS 52087 b
1 I state that I am a citizen of the United States; that on
2(insert date of election) I shall have resided in the State of
3Illinois and in the election precinct for 30 days; that on the
4above date I shall be the age of 18 years or above; that I am
5lawfully entitled to vote in such precinct at that election;
6that I am (check category 1, 2, or 3 below):
7 1. ( ) a member of the United States Service,
8 2. ( ) a citizen of the United States temporarily residing
9outside the territorial limits of the United States and that I
10expect to be absent from the said county of my residence on the
11date of holding such election, and that I will have no
12opportunity to vote in person on that day.
13 3. ( ) a certified program participant under the Address
14Confidentiality for Victims of Domestic Violence, Sexual
15Assault, or Stalking Act.
16 I hereby make application for an official ballot or ballots
17to be voted by me at such election if I am absent from the said
18county of my residence, and I agree that I shall return said
19ballot or ballots to the election authority postmarked no later
20than election day, for counting no later than during the period
21for counting provisional ballots, the last day of which is the
2214th day following election day or shall destroy said ballot or
23ballots.
24 (Check below only if category 2 or 3 and not previously
25registered)
26 ( ) I hereby make application to become registered as a

HB2818 Enrolled- 3 -LRB101 07051 LNS 52087 b
1voter and agree to return the forms and affidavits for
2registration to the election authority not later than 30 days
3before the election.
4 Under penalties as provided by law pursuant to Article 29
5of the Election Code, the undersigned certifies that the
6statements set forth in this application are true and correct.
7
.........................
8 Post office address or service address to which
9registration materials or ballot should be mailed
10
.........................
11
.........................
12
.........................
13
........................"
14 If application is made for a primary election ballot, such
15application shall designate the name of the political party
16with which the applicant is affiliated.
17 Such applications may be obtained from the election
18authority having jurisdiction over the person's precinct of
19residence.
20 2. A spouse or dependent of a member of the United States
21Service, said spouse or dependent being a registered voter in
22the county, may make application on behalf of said person in
23the office of the election authority within the periods
24prescribed in Section 20-2 which shall be substantially in the
25following form:
26"APPLICATION FOR BALLOT to be voted at the........... election

HB2818 Enrolled- 4 -LRB101 07051 LNS 52087 b
1in the precinct in which is located the residence of the person
2for whom this application is made at.............(insert
3residence address) in the city/village/township of.........
4County of.......... and State of Illinois.
5 I certify that the following named person................
6(insert name of person) is a member of the United States
7Service.
8 I state that said person is a citizen of the United States;
9that on (insert date of election) said person shall have
10resided in the State of Illinois and in the election precinct
11for which this application is made for 30 days; that on the
12above date said person shall be the age of 18 years or above;
13that said person is lawfully entitled to vote in such precinct
14at that election; that said person is a member of the United
15States Service, and that in the course of his duties said
16person expects to be absent from his county of residence on the
17date of holding such election, and that said person will have
18no opportunity to vote in person on that day.
19 I hereby make application for an official ballot or ballots
20to be voted by said person at such election and said person
21agrees that he shall return said ballot or ballots to the
22election authority postmarked no later than election day, for
23counting no later than during the period for counting
24provisional ballots, the last day of which is the 14th day
25following election day, or shall destroy said ballot or
26ballots.

HB2818 Enrolled- 5 -LRB101 07051 LNS 52087 b
1 I hereby certify that I am the (mother, father, sister,
2brother, husband or wife) of the said elector, and that I am a
3registered voter in the election precinct for which this
4application is made. (Strike all but one that is applicable.)
5 Under penalties as provided by law pursuant to Article 29
6of The Election Code, the undersigned certifies that the
7statements set forth in this application are true and correct.
8
Name of applicant ......................
9
Residence address ........................
10
City/village/township........................
11 Service address to which ballot should be mailed:
12
.........................
13
.........................
14
.........................
15
........................"
16 If application is made for a primary election ballot, such
17application shall designate the name of the political party
18with which the person for whom application is made is
19affiliated.
20 Such applications may be obtained from the election
21authority having jurisdiction over the voting precinct in which
22the person for whom application is made is entitled to vote.
23(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
24 Section 10. The Address Confidentiality for Victims of
25Domestic Violence, Sexual Assault, or Stalking Act is amended

HB2818 Enrolled- 6 -LRB101 07051 LNS 52087 b
1by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
2 (750 ILCS 61/1)
3 Sec. 1. Short title. This Act may be cited as the Address
4Confidentiality for Victims of Domestic Violence, Sexual
5Assault, or Stalking Act.
6(Source: P.A. 91-494, eff. 1-1-00.)
7 (750 ILCS 61/5)
8 Sec. 5. Legislative findings. The General Assembly finds
9that persons attempting to escape from actual or threatened
10domestic violence, sexual assault, or stalking frequently
11establish new addresses in order to prevent their assailants or
12probable assailants from finding them. The purpose of this Act
13is to enable State and local agencies to respond to requests
14for public records without disclosing the location of a victim
15of domestic violence, sexual assault, or stalking, to enable
16interagency cooperation with the Attorney General in providing
17address confidentiality for victims of domestic violence,
18sexual assault, or stalking, and to enable State and local
19agencies to accept a program participant's use of an address
20designated by the Attorney General as a substitute mailing
21address.
22(Source: P.A. 91-494, eff. 1-1-00.)
23 (750 ILCS 61/10)

HB2818 Enrolled- 7 -LRB101 07051 LNS 52087 b
1 Sec. 10. Definitions. In this Act, unless the context
2otherwise requires:
3 "Address" means a residential street address, school
4address, or work address of an individual, as specified on the
5individual's application to be a program participant under this
6Act.
7 "Program participant" means a person certified as a program
8participant under this Act.
9 "Domestic violence" has the same meaning as in the Illinois
10Domestic Violence Act of 1986 and includes a threat of domestic
11violence against an individual in a domestic situation,
12regardless of whether the domestic violence or threat has been
13reported to law enforcement officers.
14 "Sexual assault" has the same meaning as sexual conduct or
15sexual penetration as defined in the Civil No Contact Order
16Act. "Sexual assault" includes a threat of sexual assault,
17regardless of whether the sexual assault or threat has been
18reported to law enforcement officers.
19 "Stalking" has the same meaning as in the Stalking No
20Contact Order Act. "Stalking" includes a threat of stalking,
21regardless of whether the stalking or threat has been reported
22to law enforcement officers.
23(Source: P.A. 91-494, eff. 1-1-00.)
24 (750 ILCS 61/11)
25 Sec. 11. Address confidentiality program; administration.

HB2818 Enrolled- 8 -LRB101 07051 LNS 52087 b
1Subject to appropriations for the purposes of this Act, the
2Attorney General shall administer an address confidentiality
3program for victims of domestic violence, sexual assault, or
4stalking.
5(Source: P.A. 91-494, eff. 1-1-00.)
6 (750 ILCS 61/15)
7 Sec. 15. Address confidentiality program; application;
8certification.
9 (a) An adult person, a parent or guardian acting on behalf
10of a minor, or a guardian acting on behalf of a person with a
11disability, as defined in Article 11a of the Probate Act of
121975, may apply to the Attorney General to have an address
13designated by the Attorney General serve as the person's
14address or the address of the minor or person with a
15disability. The Attorney General shall approve an application
16if it is filed in the manner and on the form prescribed by him
17or her and if it contains:
18 (1) a sworn statement by the applicant that the
19 applicant has good reason to believe (i) that the
20 applicant, or the minor or person with a disability on
21 whose behalf the application is made, is a victim of
22 domestic violence, sexual assault, or stalking; and (ii)
23 that the applicant fears for his or her safety or his or
24 her children's safety, or the safety of the minor or person
25 with a disability on whose behalf the application is made;

HB2818 Enrolled- 9 -LRB101 07051 LNS 52087 b
1 (2) a designation of the Attorney General as agent for
2 purposes of service of process and receipt of mail;
3 (3) the mailing address where the applicant can be
4 contacted by the Attorney General, and the phone number or
5 numbers where the applicant can be called by the Attorney
6 General;
7 (4) the new address or addresses that the applicant
8 requests not be disclosed for the reason that disclosure
9 will increase the risk of domestic violence, sexual
10 assault, or stalking; and
11 (5) the signature of the applicant and of any
12 individual or representative of any office designated in
13 writing under Section 40 of this Act who assisted in the
14 preparation of the application, and the date on which the
15 applicant signed the application.
16 (b) Applications shall be filed with the office of the
17Attorney General.
18 (c) Upon filing a properly completed application, the
19Attorney General shall certify the applicant as a program
20participant. Applicants shall be certified for 4 years
21following the date of filing unless the certification is
22withdrawn or invalidated before that date. The Attorney General
23shall by rule establish a renewal procedure.
24 (d) A person who falsely attests in an application that
25disclosure of the applicant's address would endanger the
26applicant's safety or the safety of the applicant's children or

HB2818 Enrolled- 10 -LRB101 07051 LNS 52087 b
1the minor or incapacitated person on whose behalf the
2application is made, or who knowingly provides false or
3incorrect information upon making an application, is guilty of
4a Class 3 felony.
5(Source: P.A. 99-143, eff. 7-27-15.)
6 (750 ILCS 61/40)
7 Sec. 40. Assistance for program applicants. The Attorney
8General shall designate State and local agencies and nonprofit
9agencies that provide counseling and shelter services to
10victims of domestic violence, sexual assault, or stalking to
11assist persons applying to be program participants. Any
12assistance and counseling rendered by the office of the
13Attorney General or its designees to applicants shall in no way
14be construed as legal advice.
15(Source: P.A. 91-494, eff. 1-1-00.)
16 Section 99. Effective date. This Act takes effect January
171, 2021.
feedback