The Illinois Coalition Against Domestic Violence recently published a revised edition of the Coalition's beige booklet that contains the Illinois Domestic Violence Act and related laws. The booklet includes selected Illinois laws affecting victims, including laws passed in 1999.

Several important Illinois laws were passed in 1999 to assist domestic violence victims. The following is a brief summary of the changes to the current laws.

Under Illinois law Domestic Battery is a Class A Misdemeanor, except when the defendant has certain past convictions an offense can be charged as a Class 4 felony. In 1999 the legislature added two changes to the crime of Domestic Battery.

• The first change allows for more Domestic Battery offenses to be charged as felonies. Prior to this addition, a defendant could only be charged with Domestic Battery Subsequent Offense Felony Offense (a Class 4 felony), if the defendant had a prior conviction for Domestic Battery or for a Violation of an Order of Protection. The law now states that the defendant may also be charged with this Class 4 felony if he has a previous conviction for the following offenses against a family or household member: Aggravated Battery, Stalking, Unlawful Restraint, or Aggravated Unlawful Restraint. (Public Act #91-112)
• The second change to the Domestic Battery law states that the Court may order the defendant to pay for counseling of a child who has witnessed domestic battery if the victim or the defendant is a parent of that child. (Public Act #91-262)

Under Illinois law a Violation of Order of Protection is a Class A Misdemeanor, except when the defendant has certain past convictions an offense may be charged as a Class 4 felony. In 1999 the legislature added one change to the crime of Violation of Order of Protection. This change allows for more Violation of Order of Protection offenses to be charged as felonies. (Public Act #91-112)

• Prior to the new law a defendant could only be charged with a Violation of Order of Protection Subsequent Offense Felony Offense (a Class 4 felony) if the defendant had a prior conviction for a Violation of Order of Protection or a Domestic Battery. The law now states that the defendant may also be charged with this Class 4 felony if he has a previous conviction for the following offenses against a family or household member: Aggravated Battery, Stalking, Unlawful Restraint, or Aggravated Unlawful Restraint.

There is now a new crime in Illinois called Aggravated Domestic Battery that is a Class 2 felony. In short, this law may be used if the defendant causes great bodily harm to, or permanent disfigurement to the victim. Upon the defendant's first conviction, the court must sentence the defendant to serve at least 60 consecutive days in jail. Upon the second conviction, the court must sentence the defendant to serve at least 3 years in prison.

The new Aggravated Domestic Battery statute reads:

• A person who, in committing a domestic battery, intentionally or knowingly causes great bodily harm, or permanent disability or disfigurement commits aggravated domestic battery.

• Sentence. Aggravated domestic battery is a Class 2 felony. Any order of probation or conditional discharge entered following a conviction for an offense under this Section must include, in addition to any other condition of probation or conditional discharge, a condition that the offender serve a mandatory term of imprisonment of not less than 60 consecutive days. A person convicted of a second or subsequent violation of this Section must be sentenced to a mandatory term of imprisonment of not less than 3 years and not more than 7 years or an extended term of imprisonment of not less than 7 years and not more than 14 years. (Public Act #91-445)

The legislature expanded the definition of Stalking (a Class 4 felony) to allow the crime to be charged under additional circumstances. The old law stated that a defendant commits stalking when he knowingly follows the victim, or places her under surveillance on at least two separate occasions.

• The 1999 additions to the Stalking law allow law enforcement to consider the act of the defendant transmitting a threat toward a family member of the victim as part of the crime. Before this change in the law, only threats directed toward the victim could be considered in the prosecution of the crime of stalking.
  
• The Stalking law now includes the following additional language.

A defendant "transmitting a threat" means a verbal or written threat or a threat implied by a pattern of conduct, etc. A "family member" means a parent, grandparent, brother, sister, or child, whether by blood, half-blood, or adoption. It also includes stepchildren, etc. Family member also means any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (Public Act #91-640)

This is an addition to the publication section of the law regarding changing your name in Illinois. Before this change in the law, all victims requesting a legal name change through the court system had to publish a notice in the newspaper regarding their new name. Now, if the victim has been involved in a criminal investigation or proceeding, she may request, through the State Police, that the Court not require her new name to be published in the newspaper.

• This new law states that "the State Police may apply to the circuit court for an order directing that the notice and publication requirements of the law be waived if the State Police certify that the name change being sought is intended to protect a witness during and following a criminal investigation or proceeding." (Public Act 91-62)

Every coroner shall take charge and shall make a preliminary investigation as soon as he knows or is informed that a death is a result of domestic violence as defined in the Illinois Domestic Violence Act. In addition, for every case in which domestic violence is determined to be a contributing factor in a death, the coroner shall report the death to the Department of State Police. (Public Act 91-521)

There were no major changes to the Illinois Domestic Violence Act in 1999. However, I would like to highlight a previous change. If advocates are unclear about the court policy in their circuit regarding victims' ability to see a judge and obtain an Emergency Order of Protection on weekends, evenings, or holidays, they should request to have a meeting with their chief judge.

• The IDVA states that "the chief judge of the circuit court may designate for each county in the circuit at least one judge to be reasonably available to issue orally, by telephone, by facsimile, or otherwise, an emergency order of protection at all times, whether or not the court is in session."

The Voluntary Acknowledgment of Paternity procedure has recently been placed in the Illinois Parentage Act. Previously, it had only been cited in the Vital Records Act at 410 ILCS 535/12.

(750 ILCS 45/6) Illinois Parentage Act (in part). Establishment of Parent and Child Relationship by Consent of the Parties.

(a) A parent and child relationship may be established voluntarily by the signing and witnessing of a voluntary acknowledgment of parentage in accordance with Section 12 of the Vital Records Act or Section 10-17.7 of the Illinois Public Aid Code. The voluntary acknowledgment of parentage shall contain the social security numbers of the persons signing the voluntary acknowledgment of parentage; however, failure to include the social security numbers of the persons signing a voluntary acknowledgment of parentage does not invalidate the voluntary acknowledgment of parentage.

(b) Notwithstanding any other provisions of this Act, paternity established in accordance with subsection (a) has the full force and effect of a judgment entered under this Act and serves as a basis for seeking a child support order without any further proceedings to establish paternity.

(c) A judicial or administrative proceeding to ratify paternity established in accordance with subsection (a) is neither required nor permitted.

(d) A signed acknowledgment of paternity entered under this Act may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenging party. Pending outcome of the challenge to the acknowledgment of paternity, the legal responsibilities of the signatories shall remain in full force and effect, except upon order of the court upon a showing of good cause.

(e) Once a parent and child relationship is established in accordance with subsection (a), an order for support may be established pursuant to a petition to establish an order for support by consent filed with the clerk of the circuit court. A copy of the properly completed acknowledgment of parentage form shall be attached to the petition. The petition shall ask that the circuit court enter an order for support. The petition may ask that an order for visitation, custody, or guardianship be entered. The filing and appearance fees provided under the Clerks of Courts Act shall be waived for all cases in which an acknowledgment of parentage form has been properly completed by the parties and in which a petition to establish an order for support by consent has been filed with the clerk of the circuit court. This subsection shall not be construed to prohibit filing any petition for child support, visitation, or custody under this Act, the Illinois Marriage and Dissolution of Marriage Act, or the Non-Support Punishment Act. This subsection shall also not be construed to prevent the establishment of an administrative support order in cases involving persons receiving child support enforcement services under Article X of the Illinois Public Aid Code.