Bill Text: IL HB2818 | 2019-2020 | 101st General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0270 [HB2818 Detail]
Download: Illinois-2019-HB2818-Enrolled.html
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: (Passed) 2019-08-09 - Public Act . . . . . . . . . 101-0270 [HB2818 Detail]
Download: Illinois-2019-HB2818-Enrolled.html
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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing Section | ||||||
5 | 20-3 as follows:
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6 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
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7 | Sec. 20-3.
The election authority shall furnish the | ||||||
8 | following
applications for registration by mail or vote by mail | ||||||
9 | ballot which shall be
considered a method of application in | ||||||
10 | lieu of the official postcard.
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11 | 1. Members of the United States Service, citizens of the | ||||||
12 | United
States temporarily residing outside the territorial | ||||||
13 | limits of the United
States, and certified program participants | ||||||
14 | under the Address Confidentiality
for Victims of Domestic | ||||||
15 | Violence , Sexual Assault, or Stalking Act may make application | ||||||
16 | within the periods
prescribed in Sections
20-2 or 20-2.1, as | ||||||
17 | the case may be. Such application shall be
substantially in the | ||||||
18 | following form:
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19 | "APPLICATION FOR BALLOT
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20 | To be voted at the ............ election in the precinct in | ||||||
21 | which is
located my residence at ..............., in the | ||||||
22 | city/village/township of
............(insert home address) | ||||||
23 | County of ........... and State of
Illinois.
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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 | ||||||
3 | Illinois and in
the election precinct for 30 days; that on the | ||||||
4 | above date I shall be the
age of 18 years or above; that I am | ||||||
5 | lawfully entitled to vote in such
precinct at that election; | ||||||
6 | that I am (check category 1, 2, or 3
below):
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7 | 1. ( ) a member of the United States Service,
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8 | 2. ( ) a citizen of the United States temporarily residing | ||||||
9 | outside
the territorial limits of the United States and that I | ||||||
10 | expect to be
absent from the said county of my residence on the | ||||||
11 | date of holding such
election, and that I will have no | ||||||
12 | opportunity to vote in person on that
day.
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13 | 3. ( ) a certified program participant under the Address
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14 | Confidentiality for Victims of Domestic Violence , Sexual | ||||||
15 | Assault, or Stalking Act.
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16 | I hereby make application for an official ballot or ballots | ||||||
17 | to be
voted by me at such election if I am absent from the said | ||||||
18 | county of my
residence, and I agree that I shall return said | ||||||
19 | ballot or ballots to the
election authority postmarked no later | ||||||
20 | than election day, for counting no later than during the period | ||||||
21 | for counting provisional ballots, the last day of which is the | ||||||
22 | 14th day following election day or shall destroy said ballot or | ||||||
23 | ballots.
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24 | (Check below only if category 2 or 3 and not previously | ||||||
25 | registered)
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26 | ( ) I hereby make application to become registered as a |
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1 | voter and
agree to return the forms and affidavits for | ||||||
2 | registration to the
election authority not later than 30 days | ||||||
3 | before the election.
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4 | Under penalties as provided by law pursuant to Article 29 | ||||||
5 | of the
Election Code, the undersigned certifies that the | ||||||
6 | statements set forth
in this application are true and correct.
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7 | .........................
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8 | Post office address or service address to which | ||||||
9 | registration
materials or ballot should be mailed
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10 | .........................
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11 | .........................
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12 | .........................
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13 | ........................"
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14 | If application is made for a primary election ballot, such
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15 | application shall designate the name of the political party | ||||||
16 | with which
the applicant is affiliated.
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17 | Such applications may be obtained from the election | ||||||
18 | authority having
jurisdiction over the person's precinct of | ||||||
19 | residence.
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20 | 2. A spouse or dependent of a member of the United States | ||||||
21 | Service,
said spouse or dependent being a registered voter in | ||||||
22 | the county, may
make application on behalf of said person in | ||||||
23 | the office of the election
authority within the periods | ||||||
24 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
25 | following form:
| ||||||
26 | "APPLICATION FOR BALLOT to be voted at the........... election |
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1 | in
the precinct in which is located the residence of the person | ||||||
2 | for whom
this application is made at.............(insert | ||||||
3 | residence address) in
the city/village/township of......... | ||||||
4 | County of.......... and State
of Illinois.
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5 | I certify that the following named person................ | ||||||
6 | (insert
name of person) is a member of the United States | ||||||
7 | Service.
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8 | I state that said person is a citizen of the United States; | ||||||
9 | that on
(insert date of election) said person shall have | ||||||
10 | resided in the State of
Illinois and in the election precinct | ||||||
11 | for which this application is made
for 30 days; that on the | ||||||
12 | above date said person shall be the age of 18
years or above; | ||||||
13 | that said person is lawfully entitled to vote in such
precinct | ||||||
14 | at that election; that said person is a member of the United
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15 | States Service, and that in the course of his duties said | ||||||
16 | person expects
to be absent from his county of residence on the | ||||||
17 | date of holding such
election, and that said person will have | ||||||
18 | no opportunity to vote in
person on that day.
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19 | I hereby make application for an official ballot or ballots | ||||||
20 | to be
voted by said person at such election and said person | ||||||
21 | agrees that he
shall return said ballot or ballots to the | ||||||
22 | election authority postmarked no later than election day, for | ||||||
23 | counting no later than during the period for counting | ||||||
24 | provisional ballots, the last day of which is the 14th day | ||||||
25 | following election day, or shall destroy
said ballot or | ||||||
26 | ballots.
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1 | I hereby certify that I am the (mother, father, sister, | ||||||
2 | brother,
husband or wife) of the said elector, and that I am a | ||||||
3 | registered voter
in the election precinct for which this | ||||||
4 | application is made. (Strike all
but one that is applicable.)
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5 | Under penalties as provided by law pursuant to Article 29 | ||||||
6 | of The
Election Code, the undersigned certifies that the | ||||||
7 | statements set forth
in this application are true and correct.
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8 | Name of applicant ......................
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9 | Residence address ........................
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10 | City/village/township........................
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11 | Service address to which ballot should be mailed:
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12 | .........................
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13 | .........................
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14 | .........................
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15 | ........................"
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16 | If application is made for a primary election ballot, such
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17 | application shall designate the name of the political party | ||||||
18 | with which
the person for whom application is made is | ||||||
19 | affiliated.
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20 | Such applications may be obtained from the election | ||||||
21 | authority having
jurisdiction over the voting precinct in which | ||||||
22 | the person for whom
application is made is entitled to vote.
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23 | (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16 .)
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24 | Section 10. The Address Confidentiality for Victims of | ||||||
25 | Domestic Violence, Sexual Assault, or Stalking Act is amended |
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1 | by changing Sections 1, 5, 10, 11, 15, and 40 as follows:
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2 | (750 ILCS 61/1)
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3 | Sec. 1. Short title. This Act may be cited as the Address | ||||||
4 | Confidentiality for Victims of Domestic Violence , Sexual | ||||||
5 | Assault, or Stalking Act.
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6 | (Source: P.A. 91-494, eff. 1-1-00.)
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7 | (750 ILCS 61/5)
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8 | Sec. 5. Legislative findings. The General Assembly finds | ||||||
9 | that persons attempting to escape from actual or
threatened | ||||||
10 | domestic violence , sexual assault, or stalking frequently | ||||||
11 | establish new addresses in order to
prevent their assailants or | ||||||
12 | probable assailants from finding them. The
purpose of this Act | ||||||
13 | is to enable State and local agencies to respond to
requests | ||||||
14 | for public records without disclosing the location of a victim | ||||||
15 | of
domestic violence, sexual assault, or stalking, to enable | ||||||
16 | interagency cooperation with the Attorney
General in providing | ||||||
17 | address confidentiality for victims of domestic
violence, | ||||||
18 | sexual assault, or stalking, and to enable State and local | ||||||
19 | agencies to accept a program
participant's use of an address | ||||||
20 | designated by the Attorney General as a
substitute mailing | ||||||
21 | address.
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22 | (Source: P.A. 91-494, eff. 1-1-00.)
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23 | (750 ILCS 61/10)
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1 | Sec. 10. Definitions. In this Act, unless the context | ||||||
2 | otherwise
requires:
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3 | "Address" means a residential street address, school | ||||||
4 | address, or
work address of an individual, as specified on the | ||||||
5 | individual's application
to be a program participant under this | ||||||
6 | Act.
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7 | "Program participant" means a person certified as a program
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8 | participant under this Act.
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9 | "Domestic violence" has the same meaning as in the Illinois | ||||||
10 | Domestic Violence
Act of 1986 and
includes a threat of domestic | ||||||
11 | violence against an individual in a
domestic situation, | ||||||
12 | regardless of whether the domestic violence or threat has
been
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13 | reported to law enforcement officers.
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14 | "Sexual assault" has the same meaning as sexual conduct or | ||||||
15 | sexual penetration as defined in the Civil No Contact Order | ||||||
16 | Act. "Sexual assault" includes a threat of sexual assault, | ||||||
17 | regardless of whether the sexual assault or threat has been | ||||||
18 | reported to law enforcement officers. | ||||||
19 | "Stalking" has the same meaning as in the Stalking No | ||||||
20 | Contact Order Act. "Stalking" includes a threat of stalking, | ||||||
21 | regardless of whether the stalking or threat has been reported | ||||||
22 | to law enforcement officers. | ||||||
23 | (Source: P.A. 91-494, eff. 1-1-00.)
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24 | (750 ILCS 61/11)
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25 | Sec. 11. Address confidentiality program; administration. |
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1 | Subject to
appropriations for the purposes of this Act, the | ||||||
2 | Attorney General shall
administer an address confidentiality | ||||||
3 | program for victims of domestic violence , sexual assault, or | ||||||
4 | stalking .
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5 | (Source: P.A. 91-494, eff. 1-1-00.)
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6 | (750 ILCS 61/15)
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7 | Sec. 15. Address confidentiality
program; application; | ||||||
8 | certification. | ||||||
9 | (a) An adult person, a parent or guardian acting on behalf | ||||||
10 | of a
minor, or a guardian acting on behalf of a person with a | ||||||
11 | disability, as
defined in Article 11a of the Probate Act of | ||||||
12 | 1975, may apply to the Attorney
General to have an
address | ||||||
13 | designated by the Attorney General serve as the person's | ||||||
14 | address
or the address of the minor or person with a | ||||||
15 | disability. The Attorney General
shall approve an application | ||||||
16 | if it is filed in the manner and on the form
prescribed by him | ||||||
17 | or her and if it contains:
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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
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24 | her children's safety, or the safety of the minor or person | ||||||
25 | with a disability
on whose behalf the application is made;
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1 | (2) a designation of the Attorney General as agent for | ||||||
2 | purposes of
service of process and receipt of mail;
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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;
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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
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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
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15 | applicant signed the application.
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16 | (b) Applications shall be filed with the office of the | ||||||
17 | Attorney General.
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18 | (c) Upon filing a properly completed application, the | ||||||
19 | Attorney General shall
certify the applicant as a program | ||||||
20 | participant. Applicants
shall be certified for 4 years | ||||||
21 | following the date of filing unless the
certification is | ||||||
22 | withdrawn or invalidated before that date. The Attorney
General | ||||||
23 | shall by rule establish a renewal procedure.
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24 | (d) A person who falsely attests in an application that | ||||||
25 | disclosure
of the applicant's address would endanger the | ||||||
26 | applicant's safety or the
safety of the applicant's children or |
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1 | the minor or incapacitated person on
whose behalf the | ||||||
2 | application is made, or who knowingly provides false or
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3 | incorrect information upon making an application, is guilty of | ||||||
4 | a Class 3
felony.
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5 | (Source: P.A. 99-143, eff. 7-27-15.)
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6 | (750 ILCS 61/40)
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7 | Sec. 40. Assistance for program applicants. The Attorney | ||||||
8 | General shall designate State and local agencies and
nonprofit | ||||||
9 | agencies that provide counseling and shelter services to | ||||||
10 | victims
of domestic violence , sexual assault, or stalking to | ||||||
11 | assist persons applying to be program participants.
Any | ||||||
12 | assistance and counseling rendered by the office of the | ||||||
13 | Attorney General or
its designees to applicants shall in no way | ||||||
14 | be construed as legal
advice.
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15 | (Source: P.A. 91-494, eff. 1-1-00.)
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16 | Section 99. Effective date. This Act takes effect January | ||||||
17 | 1, 2021.
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