HB 3402

Abstract

Amends the Code of Civil Procedure. Provides that the privilege extended to members of the clergy shall not apply (i) when a member of the clergy is required to report child abuse or neglect pursuant to the Abused and Neglected Child Reporting Act, (ii) in a case involving domestic violence, or (iii) in a case involving violent criminal matters. Amends the Criminal Code of 2012. Exempts from the eavesdropping prohibitions recordings made under the reasonable suspicion that the person is committing, is about to commit, or has committed an act of abuse and that the recording will contain evidence of the abuse. Amends the Illinois Domestic Violence Act of 1986. Provides that all judges who preside over family law or domestic violence courtrooms, mandated reporters, victim assistance professionals, family law attorneys, family law mediators, court-appointed guardians ad litem, court-appointed child representatives, court-appointed therapists and counselors, and court-appointed experts who practice in the area of family law shall complete the Domestic Violence Foundation Training Course offered by the Illinois Coalition Against Domestic Violence. Provides that the clerk of the court shall provide to all petitioners seeking an order of protection resources and information on domestic violence and how to obtain assistance as a victim of domestic violence. Provides that, when determining whether to issue an order of protection, the court shall consider the law enforcement records relating to domestic violence committed by the respondent for a period of at least 10 years. Provides that if an order of protection is issued, the petitioner is entitled to attorney's fees incurred in bringing the petition. Provides that the Department of State Police shall maintain a complete and systematic record and index of all valid or expired and recorded orders of protection for a period of at least 20 years. Makes additional changes to provisions concerning: purposes and rules of construction; definitions; remedies; law enforcement recordkeeping; and the National Crime Information Center. Makes a corresponding change in the Abused and Neglected Child Reporting Act. Effective immediately.