New Illinois Laws Related to Domestic and Sexual Violence

Three pieces of legislation protecting survivors of domestic and sexual violence were signed into law this year. As the Illinois General Assembly approaches its new session in January, here is a review of some of the accomplishments of advocates, lawyers, policymakers, and elected officials.

House Bill 5375, signed into law in June 2006 (Public Act 94-0888), amends the Abused and Neglected Child Reporting Act to provide that “school personnel” who are mandated reporters of child abuse or neglect include administrators and both certified and noncertified employees. The law provides, among others, that if an allegation is raised with a school board during an open or closed meeting that a child enrolled in the school district is an abused or neglected child, the school board member must report the information to the Department of Children and Family Services (DCFS) or direct the school board, the superintendent of the district, or an equivalent administrator to file a report with DCFS.

The Abused and Neglected Child Reporting Act now calls for mandated reporters to

• read the requirements of the Act concerning mandated reporters or read a document prepared by or approved by DCFS concerning child abuse and neglect and the making of reports under the Act or
• sign a statement, on a form prescribed by or approved by DCFS, that mandated reporters understand their responsibilities as mandated reporters.

This new law is now in effect.

House Bill 1299, signed into law in July 2006 (Public Act 94-0998), creates the Predator Accountability Act and amends the Code of Civil Procedure. The Act allows persons who have been or who are subjected to the sex trade to seek civil damages and remedies from individuals and entities that recruited, harmed, profited from, or maintained them in the sex trade.

The law creates a cause of action against a person who

• coerced an individual into prostitution;
• coerced an individual to remain in prostitution;
• used coercion to collect or receive any of an individual’s earnings derived from prostitution; or
• advertised or published advertisements for recruitment into prostitution.

A lawsuit under the Predator Accountability Act must be filed within ten years of the date when the sex trade act occurred, and the defendant must have caused, been responsible for, or profited from the sex trade act. The limitation, however, does not begin until the plaintiff is 18 years old or, if the plaintiff is under legal disability, until the removal of the disability.

The Act provides that victims of the sex trade may seek compensatory damages, including economic loss due to loss of personal property and future earnings capacity, and the costs, such as medical costs, burials, and pain and suffering, associated with physical, mental, and emotional harm.

This new law is now in effect.

House Bill 4676, signed into law in August 2006 (Public Act 94-1064), amends the Elder Abuse and Neglect Act. The law expands the definition of a “domestic living situation” to include assisted living, shared housing establishments, and supportive living facilities. The definition of “mandated reporter” now includes any religious practitioner who provides treatment by prayer or spiritual means alone in accordance with a recognized church or religious denomination. Information received in any confession or sacred communication, however, should remain confidential.

The law adds “self-neglect” to the list of conditions for eligible adults. “Self-neglect” is defined as a condition that results from one’s inability, due to physical or mental impairments or both, or a diminished capacity to perform essential self-care tasks that substantially threaten one’s own health, including providing essential food, clothing, and health care, as well as obtaining goods and services necessary to maintain physical health, mental health, emotional well-being, and general safety. Since the category is new to elder abuse regulation, amendments require the collaboration between the Department on Aging and an Elder Self-Neglect Steering Committee to develop protocols, procedures, and policies for responding to reports of self-neglect.

This new law is effective January 1, 2007.


For more information, contact Wendy Pollack, director of the Women’s Law and Policy Project at the Sargent Shriver National Center on Poverty Law, at 312.263.3830 ext. 238.

Volume 10, Issue 4
October 20, 2006

Funded in part by generous grants from the Chicago Foundation for Women and the Jo & Art Moore Family Fund.

WomanView is published by the Women's Law & Policy Project of the Sargent Shriver National Center on Poverty Law. To subscribe or make a donation, click here. For more information, contact Wendy Pollack at 312.263.3830 x238. Miriam Beyer wrote this article.