HB 9 — CRIM PRO&DOM VIO-ANIMALS
Last action — Public Act . . . . . . . . . 95-0234
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced December 05, 2006. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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4 sponsors
0 primary, 4 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that the court may include in the order of protection granting the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and ordering the respondent to stay away from the animal and forbidding the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
Bill Text
What changed in the latest version
33 added · 33 removedPlain-language change summary
The amendment to Bill HB 9 changes the title from "Engrossed" to "Enrolled," which reflects a step in the legislative process indicating that the bill has been finalized and is ready for the next stage of approval. This change is important because it signifies that the bill is closer to becoming law, moving past potential revisions or modifications. Essentially, this is a procedural update that shows the bill has completed its legislative journey.
HB0009 EngrossedEnrolled LRB095 03424 RLC 23428 b AN ACT concerning orders of protection.
HB0009 EngrossedEnrolled - 2 - LRB095 03424 RLC 23428 b Section 112A-17 on emergency orders, Section 112A-18 on interim orders, and Section 112A-19 on plenary orders.
A party has a right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party’s spouse, a person with a legal duty to support that party or a minor child in that party’s care, or by any person or entity other than the opposing party that authorizes that party’s occupancy (e.g., a domestic HB0009 EngrossedEnrolled - 3 - LRB095 03424 RLC 23428 b violence shelter).
The court, on the request of petitioner or on its own motion, may order respondent to provide suitable, HB0009 EngrossedEnrolled - 4 - LRB095 03424 RLC 23428 b accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.
Require or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, HB0009 EngrossedEnrolled - 5 - LRB095 03424 RLC 23428 b family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.
If a court finds, after a hearing, that respondent has HB0009 EngrossedEnrolled - 6 - LRB095 03424 RLC 23428 b committed abuse (as defined in Section 112A-3) of a minor child, there shall be a rebuttable presumption that awarding temporary legal custody to respondent would not be in the child’s best interest.
Petitioner may deny respondent access to the minor child if, when respondent arrives for visitation, respondent is under the influence of drugs or alcohol and HB0009 EngrossedEnrolled - 7 - LRB095 03424 RLC 23428 b constitutes a threat to the safety and well-being of petitioner or petitioner’s minor children or is behaving in a violent or abusive manner.
(i) petitioner, but not respondent, owns the HB0009 EngrossedEnrolled - 8 - LRB095 03424 RLC 23428 b property;
If petitioner’s sole claim to ownership of the property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this paragraph only if a proper proceeding has been filed under HB0009 EngrossedEnrolled - 9 - LRB095 03424 RLC 23428 b the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
An order for child support may be granted to a petitioner with lawful physical care or custody of a child, or an order or agreement for physical care or custody, prior to entry of an order for legal HB0009 EngrossedEnrolled - 10 - LRB095 03424 RLC 23428 b custody.
In the case of an improper concealment or removal of a minor child, the court may order respondent to pay the reasonable expenses incurred or to be incurred in the search for and recovery of the minor child, including but not limited to legal fees, court costs, private HB0009 EngrossedEnrolled - 11 - LRB095 03424 RLC 23428 b investigator fees, and travel costs.
(b) If the HB0009 EngrossedEnrolled - 12 - LRB095 03424 RLC 23428 b respondent is a peace officer as defined in Section 2-13 of the Criminal Code of 1961, the court shall order that any firearms used by the respondent in the performance of his or her duties as a peace officer be surrendered to the chief law enforcement executive of the agency in which the respondent is employed, who shall retain the firearms for safekeeping for the stated period not to exceed 2 years as set forth in the court order.
Enter injunctive relief necessary or appropriate to prevent further abuse of a family or household member or to effectuate one of the HB0009 EngrossedEnrolled - 13 - LRB095 03424 RLC 23428 b granted remedies, if supported by the balance of hardships.
(2) In comparing relative hardships resulting to the parties from loss of possession of the family home, the HB0009 EngrossedEnrolled - 14 - LRB095 03424 RLC 23428 b court shall consider relevant factors, including but not limited to the following:
(4) For purposes of issuing an ex parte emergency order of protection, the court, as an alternative to or as a supplement to making the findings described in paragraphs HB0009 EngrossedEnrolled - 15 - LRB095 03424 RLC 23428 b (c)(3)(i) through (c)(3)(iii) of this subsection, may use the following procedure:
If the court finds that the balance of hardships does not support the granting of a remedy governed by paragraph (2), (3), (10), (11), or (16) of subsection (b) of this Section, which may require such balancing, the court’s findings shall so indicate and shall HB0009 EngrossedEnrolled - 16 - LRB095 03424 RLC 23428 b include a finding as to whether granting the remedy will result in hardship to respondent that would substantially outweigh the hardship to petitioner from denial of the remedy.
1-1-04.) HB0009 EngrossedEnrolled - 17 - LRB095 03424 RLC 23428 b Section 10.
The remedies listed in this subsection shall be in addition to other civil or criminal HB0009 EngrossedEnrolled - 18 - LRB095 03424 RLC 23428 b remedies available to petitioner.
A party has a right to occupancy of a residence or household if it is solely or jointly owned or leased by that party, that party’s spouse, a person with a legal duty to support that party or a minor child in that party’s care, or by any person or entity other than the opposing party that authorizes that party’s occupancy (e.g., a domestic HB0009 EngrossedEnrolled - 19 - LRB095 03424 RLC 23428 b violence shelter).
The court, on the request of petitioner or on its own motion, may order respondent to provide suitable, HB0009 EngrossedEnrolled - 20 - LRB095 03424 RLC 23428 b accessible, alternate housing for petitioner instead of excluding respondent from a mutual residence or household.
Require or recommend the respondent to undergo counseling for a specified duration with a social worker, psychologist, clinical psychologist, psychiatrist, HB0009 EngrossedEnrolled - 21 - LRB095 03424 RLC 23428 b family service agency, alcohol or substance abuse program, mental health center guidance counselor, agency providing services to elders, program designed for domestic violence abusers or any other guidance service the court deems appropriate.
If a court finds, after a hearing, that respondent has HB0009 EngrossedEnrolled - 22 - LRB095 03424 RLC 23428 b committed abuse (as defined in Section 103) of a minor child, there shall be a rebuttable presumption that awarding temporary legal custody to respondent would not be in the child’s best interest.
Petitioner may deny respondent access to the minor child if, when respondent arrives for visitation, respondent is under the influence of drugs or alcohol and HB0009 EngrossedEnrolled - 23 - LRB095 03424 RLC 23428 b constitutes a threat to the safety and well-being of petitioner or petitioner’s minor children or is behaving in a violent or abusive manner.
(i) petitioner, but not respondent, owns the HB0009 EngrossedEnrolled - 24 - LRB095 03424 RLC 23428 b property;
If petitioner’s sole claim to ownership of the property is that it is marital property, the court may grant petitioner relief under subparagraph (ii) of this paragraph only if a proper proceeding has been filed under HB0009 EngrossedEnrolled - 25 - LRB095 03424 RLC 23428 b the Illinois Marriage and Dissolution of Marriage Act, as now or hereafter amended.
An order for child support may be granted to a petitioner with lawful physical care or custody of a child, or an order or agreement for physical care or custody, prior to entry of an order for legal HB0009 EngrossedEnrolled - 26 - LRB095 03424 RLC 23428 b custody.
In the case of an improper concealment or removal of a minor child, the court may order respondent to pay the reasonable expenses incurred or to be incurred in the search for and recovery of the minor child, including but not HB0009 EngrossedEnrolled - 27 - LRB095 03424 RLC 23428 b limited to legal fees, court costs, private investigator fees, and travel costs.
The firearm or firearms shall be returned to the respondent at the end of the stated HB0009 EngrossedEnrolled - 28 - LRB095 03424 RLC 23428 b period or at expiration of the order of protection, whichever is sooner.
HB0009 EngrossedEnrolled - 29 - LRB095 03424 RLC 23428 b (17) Order for injunctive relief.
and (ii) the danger that any minor child will be abused or neglected or improperly removed from the jurisdiction, improperly concealed within the State or HB0009 EngrossedEnrolled - 30 - LRB095 03424 RLC 23428 b improperly separated from the child’s primary caretaker.
(iii) Whether it is necessary to grant the requested relief in order to protect petitioner or HB0009 EngrossedEnrolled - 31 - LRB095 03424 RLC 23428 b other alleged abused persons.
No rights or responsibilities for a minor child born outside of marriage attach to a putative father until a father and child relationship has been established under the Illinois Parentage Act of 1984, the Illinois Public Aid Code, Section 12 of the Vital Records Act, the Juvenile Court Act of 1987, the Probate Act of 1985, the Revised Uniform Reciprocal Enforcement of Support Act, the Uniform Interstate Family Support Act, the Expedited Child Support Act of 1990, any judicial, administrative, or other act of HB0009 EngrossedEnrolled - 32 - LRB095 03424 RLC 23428 b another state or territory, any other Illinois statute, or by any foreign nation establishing the father and child relationship, any other proceeding substantially in conformity with the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Pub.
(1) Respondent has cause for any use of force, unless HB0009 EngrossedEnrolled - 33 - LRB095 03424 RLC 23428 b that cause satisfies the standards for justifiable use of force provided by Article VII of the Criminal Code of 1961;
Action History
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Public Act . . . . . . . . . 95-0234
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Effective Date January 1, 2008
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Passed; 055-000-000
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Placed on Calendar Order of 3rd Reading May 22, 2007
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Second Reading
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Added as Alternate Co-Sponsor Sen. Martin A. Sandoval
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Placed on Calendar Order of 2nd Reading April 20, 2007
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Do Pass Judiciary Criminal Law; 008-000-000
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Added as Alternate Co-Sponsor Sen. Michael Bond
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Added as Alternate Co-Sponsor Sen. Linda Holmes
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Added as Alternate Chief Co-Sponsor Sen. Don Harmon
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Assigned to Judiciary Criminal Law
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Referred to Rules
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First Reading
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Chief Senate Sponsor Sen. William R. Haine
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Added Co-Sponsor Rep. Luis Arroyo
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Added Co-Sponsor Rep. Linda Chapa LaVia
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Placed on Calendar Order of First Reading February 23, 2007
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Arrive in Senate
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Added Co-Sponsor Rep. Kenneth Dunkin
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Added Co-Sponsor Rep. Maria Antonia Berrios
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Added Co-Sponsor Rep. Sidney H. Mathias
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Added Chief Co-Sponsor Rep. Susana A Mendoza
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Third Reading - Short Debate - Passed 116-000-000
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Added Co-Sponsor Rep. Greg Harris
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Added Co-Sponsor Rep. Jim Sacia
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Added Co-Sponsor Rep. Careen M Gordon
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Added Co-Sponsor Rep. Jack D. Franks
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Judiciary II - Criminal Law Committee; 013-000-000
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Added Co-Sponsor Rep. Michael P. McAuliffe
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Added Co-Sponsor Rep. Ed Sullivan, Jr.
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Assigned to Judiciary II - Criminal Law Committee
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Referred to Rules Committee
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First Reading
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Added Co-Sponsor Rep. Daniel V. Beiser
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Added Co-Sponsor Rep. Patrick J Verschoore
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Added Chief Co-Sponsor Rep. Thomas Holbrook
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Added Chief Co-Sponsor Rep. Naomi D. Jakobsson
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Added Co-Sponsor Rep. Dan Brady
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Prefiled with Clerk by Rep. John A. Fritchey
Sponsors
- John A. Fritchey · Cosponsor
- Linda Holmes · Cosponsor
- Michael Bond · Cosponsor
- Martin A. Sandoval · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 4 co-sponsors · 179 not signed on
Sponsors (0)
None.
Co-sponsors (4)
- John A. Fritchey
- Linda Holmes Democrat
- Michael Bond
- Martin A. Sandoval
Not signed on (179)
179 members have not signed on to this bill.
Show all 179 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 45 | 0 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 55 | 0 | 0 | 4 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Halvorson | — | Yea |
| Lauzen | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| Millner | — | Yea |
| Noland | — | Yea |
| Pankau | — | Yea |
| Peterson | — | Yea |
| Brady | — | Yea |
| Schoenberg | — | Yea |
| Sieben | — | Not Voting |
| Silverstein | — | Yea |
| Trotter | — | Yea |
| Sullivan | — | Yea |
| Viverito | — | Yea |
| Wilhelmi | — | Yea |
| Cullerton | — | Yea |
| Jacobs | — | Yea |
| Watson | — | Yea |
| Jones, J. | — | Yea |
| Demuzio | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| Dahl | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Yea |
| Forby | — | Yea |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Hultgren | — | Yea |
| Kotowski | — | Yea |
| Munoz | — | Not Voting |
| Meeks | — | Not Voting |
| Cronin | — | Not Voting |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Rutherford | — | Yea |
| Sandoval | — | Yea |
| Maloney | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Bond | — | Yea |
| Burzynski | — | Yea |
| Frerichs | — | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Dave Syverson | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 103 | 0 | 0 | 2 |
| Republican | 4 | 0 | 0 | 0 |
| Democrat | 9 | 0 | 0 | 0 |
| Total | 116 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Holbrook | — | Yea |
| Jefferies | — | Yea |
| Jefferson | — | Yea |
| Krause | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| Mathias | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| Mendoza | — | Yea |
| Reitz | — | Yea |
| Meyer | — | Yea |
| Molaro | — | Yea |
| Lyons | — | Yea |
| Mulligan | — | Yea |
| Ramey | — | Yea |
| Schock | — | Yea |
| Scully | — | Yea |
| McGuire | — | Yea |
| Bradley, John | — | Yea |
| Bradley, Richard | — | Yea |
| Brady | — | Yea |
| Mitchell, Bill | — | Yea |
| Mitchell, Jerry | — | Yea |
| Burke | — | Yea |
| Sullivan | — | Yea |
| Dugan | — | Yea |
| Dunkin | — | Yea |
| Dunn | — | Yea |
| Durkin | — | Yea |
| Eddy | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Golar | — | Yea |
| Gordon | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Hannig | — | Yea |
| Harris | — | Yea |
| Madigan | — | Yea |
| Hernandez | — | Yea |
| Munson | — | Yea |
| Myers | — | Yea |
| Watson | — | Yea |
| Howard | — | Yea |
| Nekritz | — | Yea |
| Patterson | — | Not Voting |
| Phelps | — | Yea |
| Davis, Monique | — | Yea |
| Poe | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Verschoore | — | Yea |
| Wait | — | Yea |
| Washington | — | Yea |
| Winters | — | Yea |
| Yarbrough | — | Yea |
| Younge | — | Yea |
| Coladipietro | — | Yea |
| Cole | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Yea |
| Cross | — | Yea |
| Cultra | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Hassert | — | Yea |
| Jakobsson | — | Yea |
| Kosel | — | Yea |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Pihos | — | Yea |
| Pritchard | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Yea |
| Saviano | — | Yea |
| Schmitz | — | Yea |
| Sommer | — | Yea |
| Soto | — | Yea |
| Lindner | — | Not Voting |
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Bassi | — | Yea |
| Beaubien | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Yea |
| Boland | — | Yea |
| May | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Moffitt | — | Yea |
| Chapa LaVia | — | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Yea |
| Chapin Rose | Republican | Yea |
| Chris Miller | Republican | Yea |
| Jil Tracy | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 9 do?
- Amends the Code of Criminal Procedure of 1963 and the Illinois Domestic Violence Act of 1986. Provides that the court may include in the order of protection granting the petitioner the exclusive care, custody, or control of any animal owned, possessed, leased, kept, or held by either the petitioner or the respondent or a minor child residing in the residence or household of either the petitioner or the respondent and ordering the respondent to stay away from the animal and forbidding the respondent from taking, transferring, encumbering, concealing, harming, or otherwise disposing of the animal.
- Who sponsors HB 9?
- HB 9 is sponsored by John A. Fritchey, Linda Holmes (Democrat), Michael Bond, and Martin A. Sandoval.
- What is the current status of HB 9?
- This bill has been enacted into law. Introduced December 05, 2006. Enacted.
- Where can I track HB 9?
- Track HB 9 free on One Click Politics — get push/email alerts when it moves.
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