Criminal Justice (Domestic Violence)

Amends the Illinois State Police Law and the Illinois Police Training Act to require instruction during training on the policies and procedures for administering a lethality assessment, including referrals to domestic violence services. Amends the Illinois Domestic Violence Act of 1986. Provides that, on or before January 1, 2028, every law enforcement agency shall provide to all of its law enforcement officers instruction on the policies and procedures for administering a lethality assessment as part of basic training. Provides that, on or before July 1, 2028, a law enforcement officer investigating an alleged incident of domestic violence shall administer a lethality assessment if the allegation of domestic violence is against an intimate partner, regardless of whether an arrest is made. Provides that if a victim does not, or is unable to, provide information to a law enforcement officer sufficient to allow the law enforcement officer to administer a lethality assessment, the law enforcement officer must document the lack of a lethality assessment in the written police report and refer the victim to the nearest locally certified domestic violence center. Prohibits a law enforcement officer from including in or attaching to a probable cause statement, written police report, or incident report the domestic violence center to which a victim was referred. Prohibits a law enforcement officer from administering a lethality assessment if the law enforcement officer has not received training on administering a lethality assessment. Makes a conforming change in the Freedom of Information Act.

Amends the Illinois State Police Law and the Illinois Police Training Act to require instruction during training on the policies and procedures for administering a lethality assessment, including referrals to domestic violence services. Amends the Illinois Domestic Violence Act of 1986. Provides that, on or before January 1, 2028, every law enforcement agency shall provide to all of its law enforcement officers instruction on the policies and procedures for administering a lethality assessment as part of basic training. Provides that, on or before July 1, 2028, a law enforcement officer investigating an alleged incident of domestic violence shall administer a lethality assessment if the allegation of domestic violence is against an intimate partner, regardless of whether an arrest is made. Provides that if a victim does not, or is unable to, provide information to a law enforcement officer sufficient to allow the law enforcement officer to administer a lethality assessment, the law enforcement officer must document the lack of a lethality assessment in the written police report and refer the victim to the nearest locally certified domestic violence center. Prohibits a law enforcement officer from including in or attaching to a probable cause statement, written police report, or incident report the domestic violence center to which a victim was referred. Prohibits a law enforcement officer from administering a lethality assessment if the law enforcement officer has not received training on administering a lethality assessment. Makes a conforming change in the Freedom of Information Act.

Amends the Attorney General Act. Requires the Attorney General to develop and provide guidance for electronic service by law enforcement of orders of protection issued under the Illinois Domestic Violence Act of 1986. Amends the Illinois Domestic Violence Act of 1986. Provides that if petitioner is granted a stay-away order, the court may order local law enforcement, to the extent possible, to periodically monitor the petitioner's residence, periodically patrol near the petitioner's residence, and investigate whether a violation of the order of protection has occurred. Permits electronic service of an order of protection after 2 unsuccessful attempts of personal service. Provides the circumstances in which electronic service may be used. Makes other changes.

Amends the Code of Criminal Procedure of 1963. Changes the definitions of "harassment" to include, among other actions, doxing, electronic tracking, and nonconsensual creation, dissemination, or threatening the dissemination of electronically generated or digitally altered content pertaining to the petitioner. Requires a county (not just counties with more than 250,000 in population) to provide remote access to a hearing on a protective order to include relevant witnesses besides the petitioner and respondent. Creates additional remedies for the court to grant in a domestic violence order of protection. Requires that any motion to extend a plenary order must be filed on or before the expiration date, and the plenary order remains in effect after filing until its original expiration date or until the motion is presented or heard, whichever is later. Requires a plenary order to be extended if the court finds that since entry of the plenary order there has been no material change in the relevant circumstances as required by law, and an extension of a plenary order may be granted for any fixed period of time or indefinitely until the plenary order is vacated or modified. Provides that if the motion to extend the plenary order is uncontested, petitioner's motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension is sufficient for the court to extend the plenary order for any length of time, including indefinitely. Provides that the court may grant a contested request for an extension of the plenary order for more than 2 years for good cause. Provides that a violation of the original order or a subsequent incident of abuse is not required to grant the extension or determine the length of the extension, and compliance with the original order does not negate the basis or length of the extension. Amends the Illinois Domestic Violence Act of 1986. Makes conforming changes.

Amends the Criminal Code of 2012. Provides that a person commits stalking when he or she uses any electronic tracking system or acquires tracking information to determine the targeted person's location, movement, or travel patterns without the targeted person's consent and the person knows or should know that the use of the electronic tracking system or the acquisition of tracking information would cause a reasonable person to fear for his or her safety or the safety of a third person. Defines "electronic tracking system".

Amends the Criminal Code of 2012. Provides that violation of an order of protection is a Class 4 felony if the defendant has any prior conviction for violation of a civil no contact order, violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as violation of a civil no contact order or violation of a stalking no contact order. Provides that violation of a civil no contact order is a Class 4 felony if the defendant has any prior conviction for violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order. Provides that violation of a stalking no contact order is a Class 4 felony if the defendant has any prior conviction under the Code for a violation of an order of protection, violation of a stalking no contact order, or violation of a civil no contact order, or any prior conviction under the law of another jurisdiction for an offense that could be charged in the State as a violation of an order of protection, violation of a civil no contact order, or violation of a stalking no contact order.

Amends the Protective Orders Article of the Code of Criminal Procedure of 1963. Changes the definition of "harassment". Provides that the court may order the respondent to cease harassment. Establishes procedures for motions to extend plenary protective orders. Provides that the court may order the respondent to stop creating, using, and disseminating; remove; and delete the following harassing conduct: (1) any and all material or statements that constitute harassment, including, but not limited to, doxing, electronically generated or digitally altered content, and sexual private images and digitally altered sexual images; and (2) any and all electronic tracking or monitoring devices, system, or other electronic means, or tracking information. Provides that the court may order the respondent to present sufficient evidence that such compliance has occurred. Amends the Illinois Domestic Violence Act of 1986 to make conforming changes.

Amends the Substance Use Disorder Act. Provides that disclosure of nonexempt records protected under the Act may be disclosed for research activities under the Domestic Violence Fatality Review Act. Amends the Developmental Disabilities Confidentiality Act. Provides that staff and any designee of the Illinois Criminal Justice Information Authority, members of the Ad Hoc Statewide Domestic Violence Fatality Review Committee of the Illinois Criminal Justice Information Authority Board, and the regional domestic violence fatality review teams are entitled to receive, inspect, copy, and share HIV-related information of any person subject to a domestic violence fatality review as part of and in accordance with the provisions of the Domestic Violence Fatality Review Act. Provides that the information disclosed is subject to the confidentiality requirements of the Domestic Violence Fatality Review Act. Effective immediately.

Amends the Criminal Code of 2012. Provides that a person commits domestic battery if he or she knowingly without legal justification by any means engages in coercive control over a family or household member. Defines "coercive control". Amends the Protective Orders Article of the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Includes coercive control in the definition of "abuse". Defines "coercive control".

Amends the Stalking No Contact Order Act. Changes the short title of the Act to the Stalking or Harassment No Contact Order Act. Defines "harassment" as violence or threats of violence or death, including a single act, directed at a specific person that would cause a reasonable person to (i) fear for the person's safety, the safety of a workplace, school, or place of worship, or the safety of a third person or (ii) suffer emotional distress. Changes the term "stalking no contact order" to "stalking or harassment no contact order". Makes conforming changes in the following Acts: the Criminal Identification Act; the Firearm Owners Identification Card Act; the Criminal Code of 2012; the Code of Criminal Procedure of 1963; the Rights of Crime Victims and Witnesses Act; the Unified Code of Corrections; the Code of Civil Procedure; the Civil No Contact Order Act; the Crime Victims Compensation Act; the Illinois Domestic Violence Act of 1986; the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act; the Domestic Violence Fatality Review Act; and the Illinois Human Rights Act. Makes other changes.