Sen. Heather Steans
Filed: 5/12/2009
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1 | AMENDMENT TO HOUSE BILL 3991
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2 | AMENDMENT NO. ______. Amend House Bill 3991 by replacing | ||||||
3 | all of page 15 and lines 1 through 8 on page 16 with the | ||||||
4 | following:
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5 | "(14.5) Prohibition of firearm possession.
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6 | (a) When a complaint is made
under a request for an | ||||||
7 | order of protection, that the respondent has | ||||||
8 | threatened
or is likely to use firearms illegally | ||||||
9 | against the petitioner , and the
respondent is present | ||||||
10 | in court, or has failed to appear after receiving | ||||||
11 | actual
notice , the court shall examine on oath the | ||||||
12 | petitioner, and any witnesses who
may be produced. If | ||||||
13 | the court is satisfied that there is any danger of the
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14 | illegal use of firearms, and the respondent is present | ||||||
15 | in court, it shall issue an order that any firearms in | ||||||
16 | the
possession of the respondent, except as provided in | ||||||
17 | subsection (b), be turned
over to the local law | ||||||
18 | enforcement agency
for safekeeping. If the court is |
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1 | satisfied that there is any danger of the illegal use | ||||||
2 | of firearms, and the respondent is present in court, it | ||||||
3 | shall issue an order that the respondent's Firearms | ||||||
4 | Owner's Identification Card be turned over to the local | ||||||
5 | law enforcement agency for safekeeping. If the court is | ||||||
6 | satisfied that there is any danger of the illegal use | ||||||
7 | of firearms, and if If the respondent is not present in | ||||||
8 | court has failed to appear , the court shall
issue a | ||||||
9 | warrant for seizure of the respondent's Firearms | ||||||
10 | Owner's Identification Card and any firearm in the | ||||||
11 | possession of the respondent , except as provided in | ||||||
12 | subsection (b), be turned over to the local law | ||||||
13 | enforcement agency for safekeeping .
The period of | ||||||
14 | safekeeping shall be for a stated period of time not to | ||||||
15 | exceed 2
years. The firearm or firearms shall be | ||||||
16 | returned to the respondent at the end
of the stated | ||||||
17 | period or at expiration of the order of protection, | ||||||
18 | whichever is
sooner.
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19 | (b) If the respondent is a peace officer as defined | ||||||
20 | in Section 2-13 of
the
Criminal Code of 1961, the court | ||||||
21 | shall order that any firearms used by the
respondent in | ||||||
22 | the performance of his or her duties as a
peace officer | ||||||
23 | be surrendered to
the chief law enforcement executive | ||||||
24 | of the agency in which the respondent is
employed, who | ||||||
25 | shall retain the firearms for safekeeping for the | ||||||
26 | stated period
not to exceed 2 years as set forth in the |
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1 | court order. | ||||||
2 | (c) Upon expiration of the period of safekeeping, | ||||||
3 | if the firearms or Firearms Owner's Identification | ||||||
4 | Card cannot be returned to respondent because | ||||||
5 | respondent cannot be located, fails to respond to | ||||||
6 | requests to retrieve the firearms, or is not lawfully | ||||||
7 | eligible to possess a firearm, upon petition from the | ||||||
8 | local law enforcement agency, the court may order the | ||||||
9 | local law enforcement agency to destroy the firearms, | ||||||
10 | use the firearms for training purposes, or for any | ||||||
11 | other application as deemed appropriate by the local | ||||||
12 | law enforcement agency; or that the firearms be turned | ||||||
13 | over to a third party who is lawfully eligible to | ||||||
14 | possess firearms, and who does not reside with | ||||||
15 | respondent. "; and
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16 | on page 21, line 2, by replacing "Section 214" with "Sections | ||||||
17 | 214 and 217"; and | ||||||
18 | on page 22, line 13, by replacing "residence or household" with | ||||||
19 | "residence , or household , or premises "; and | ||||||
20 | on page 22, line 16, by inserting " , household, or premises " | ||||||
21 | after "residence"; and | ||||||
22 | on page 37, by inserting immediately below line 26 the |
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1 | following:
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2 | "(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
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3 | Sec. 217. Emergency order of protection.
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4 | (a) Prerequisites. An emergency order of protection shall | ||||||
5 | issue if
petitioner satisfies the requirements of this | ||||||
6 | subsection for one or more of the
requested remedies. For each | ||||||
7 | remedy requested, petitioner shall establish
that:
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8 | (1) The court has jurisdiction under Section 208;
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9 | (2) The requirements of Section 214 are satisfied; and
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10 | (3) There is good cause to grant the remedy, regardless | ||||||
11 | of prior service
of process or of notice upon the | ||||||
12 | respondent, because:
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13 | (i) For
the remedies of "prohibition of abuse" | ||||||
14 | described in
Section 214(b)(1), "stay away order and | ||||||
15 | additional prohibitions" described in
Section
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16 | 214(b)(3), "removal or concealment of minor child" | ||||||
17 | described in Section
214(b)(8), "order to appear" | ||||||
18 | described in Section 214(b)(9), "physical
care and | ||||||
19 | possession of the minor child" described in Section | ||||||
20 | 214(b)(5),
"protection of property" described in | ||||||
21 | Section 214(b)(11), "prohibition
of entry" described | ||||||
22 | in Section 214(b)(14), "prohibition of firearm | ||||||
23 | possession" described in Section 214(b)(14.5), | ||||||
24 | "prohibition of access to
records" described in | ||||||
25 | Section 214(b)(15), and "injunctive relief"
described |
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1 | in Section 214(b)(16), the harm which that remedy
is | ||||||
2 | intended to prevent would be likely to occur if the | ||||||
3 | respondent were given
any prior notice, or greater | ||||||
4 | notice than was actually given, of the
petitioner's | ||||||
5 | efforts to obtain judicial relief;
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6 | (ii) For the remedy of "grant of exclusive | ||||||
7 | possession of
residence" described in Section | ||||||
8 | 214(b)(2), the immediate danger of further
abuse of | ||||||
9 | petitioner by respondent,
if petitioner chooses or had | ||||||
10 | chosen to remain in the residence or household
while | ||||||
11 | respondent was given any prior notice or greater notice | ||||||
12 | than was
actually given of petitioner's efforts to | ||||||
13 | obtain judicial relief,
outweighs the hardships to | ||||||
14 | respondent of an emergency order
granting petitioner | ||||||
15 | exclusive possession of the residence or household.
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16 | This remedy shall not be denied because petitioner has | ||||||
17 | or could obtain
temporary shelter elsewhere while | ||||||
18 | prior notice is given to respondent, unless
the
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19 | hardships to respondent from exclusion from the home | ||||||
20 | substantially outweigh
those to petitioner;
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21 | (iii) For the remedy of "possession of personal | ||||||
22 | property"
described in
Section 214(b)(10), improper | ||||||
23 | disposition of the personal
property would be likely
to | ||||||
24 | occur if respondent were given any prior notice, or | ||||||
25 | greater notice than
was actually given, of | ||||||
26 | petitioner's efforts to obtain judicial relief, or
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1 | petitioner has an immediate and pressing need for | ||||||
2 | possession of that property.
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3 | An emergency order may not include the counseling, legal | ||||||
4 | custody, payment
of support or monetary compensation remedies.
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5 | (b) Appearance by respondent.
If respondent appears in | ||||||
6 | court for this hearing for an emergency order,
he or she may | ||||||
7 | elect to file a general appearance and testify.
Any resulting | ||||||
8 | order may be an emergency order, governed
by this Section.
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9 | Notwithstanding the requirements of this Section, if all | ||||||
10 | requirements of
Section 218 have been met, the court may issue | ||||||
11 | a 30-day interim order.
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12 | (c) Emergency orders: court holidays and evenings.
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13 | (1) Prerequisites. When the court is unavailable at the | ||||||
14 | close of
business, the petitioner may file a petition for a | ||||||
15 | 21-day emergency order
before any available circuit judge | ||||||
16 | or associate judge who may grant relief
under this Act. If | ||||||
17 | the judge finds that there is an immediate and present
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18 | danger of abuse to petitioner and that petitioner has | ||||||
19 | satisfied the
prerequisites set forth in subsection (a) of | ||||||
20 | Section 217, that judge may
issue an emergency order of | ||||||
21 | protection.
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22 | (1.5) Issuance of order. The chief judge of the circuit | ||||||
23 | court
may designate for each county in the circuit at least | ||||||
24 | one judge to be
reasonably available to
issue orally, by | ||||||
25 | telephone, by facsimile, or otherwise, an emergency
order | ||||||
26 | of protection at all times, whether or not the court is in |
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1 | session.
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2 | (2) Certification and transfer. Any order issued under | ||||||
3 | this Section and
any documentation in support thereof shall | ||||||
4 | be certified on the next court
day to the appropriate | ||||||
5 | court. The clerk of that court shall immediately
assign a | ||||||
6 | case number, file the petition, order and other documents | ||||||
7 | with the
court, and enter the order of record and file it | ||||||
8 | with the sheriff for
service, in accordance with Section | ||||||
9 | 222. Filing the petition
shall commence proceedings for | ||||||
10 | further relief under Section 202.
Failure to comply with | ||||||
11 | the requirements of this subsection shall not
affect the | ||||||
12 | validity of the order.
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13 | (Source: P.A. 90-392, eff. 1-1-98.)".
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