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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Department of Public Health Powers and | ||||||
5 | Duties Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by adding Section 2310-705 as follows: | ||||||
7 | (20 ILCS 2310/2310-705 new) | ||||||
8 | Sec. 2310-705. Firearms restraining order awareness. | ||||||
9 | (a) The Department, subject to appropriation or other | ||||||
10 | available funding, shall
conduct a program to promote | ||||||
11 | awareness of firearms restraining orders to the
general | ||||||
12 | public. The program may include, but is not limited to: | ||||||
13 | (1) dissemination of information, either online or | ||||||
14 | with an in-person
pamphlet, of the options people have to | ||||||
15 | seek assistance using a
firearms restraining order and the | ||||||
16 | process in which to file one; | ||||||
17 | (2) production of materials that can be given to | ||||||
18 | health care workers that
assist in identifying victims of | ||||||
19 | domestic violence who may benefit from
awareness of the | ||||||
20 | Firearms Restraining Order Act and how to safely and
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21 | discreetly determine if a potential abuser possesses a | ||||||
22 | firearm; and | ||||||
23 | (3) specific information on situations in which a |
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1 | firearms restraining order
may be appropriate such as with | ||||||
2 | situations of domestic violence, mental
health crisis, or | ||||||
3 | anyone who is at risk of injuring themselves or others. | ||||||
4 | (b)
Beginning July 1, 2022, the program must include the | ||||||
5 | development and
dissemination, through print, digital, and | ||||||
6 | broadcast media, of public service
announcements that | ||||||
7 | publicize the options victims of domestic violence have
to | ||||||
8 | seek help with special emphasis on the firearms restraining | ||||||
9 | order.
| ||||||
10 | Section 10. The Department of State Police Law of the
| ||||||
11 | Civil Administrative Code of Illinois is amended by adding | ||||||
12 | Section 2605-51 as follows: | ||||||
13 | (20 ILCS 2605/2605-51 new) | ||||||
14 | Sec. 2605-51. Commission on implementing the Firearms | ||||||
15 | Restraining Order Act. | ||||||
16 | (a) There is created the Commission on Implementing the | ||||||
17 | Firearms Restraining Order Act composed of at least 12 members | ||||||
18 | to advise on the strategies of education and implementation of | ||||||
19 | the Firearms Restraining Order Act. The Commission shall be | ||||||
20 | appointed by the Director of the Illinois State Police or his | ||||||
21 | or her designee and shall include a liaison or representative | ||||||
22 | nominated from the following: | ||||||
23 | (1) the Office of the Attorney General, appointed by | ||||||
24 | the Attorney General; |
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1 | (2) the Director of the Illinois State Police or his | ||||||
2 | or her designee; | ||||||
3 | (3) at least 3 State's Attorneys, nominated by the | ||||||
4 | Director of the Office of the State's Attorneys Appellate | ||||||
5 | Prosecutor; | ||||||
6 | (4) at least 2 municipal police department | ||||||
7 | representatives,
nominated by the Illinois Association of | ||||||
8 | Chiefs of Police; | ||||||
9 | (5) an Illinois sheriff,
nominated by the Illinois | ||||||
10 | Sheriffs' Association; | ||||||
11 | (6) a nonprofit organization whose mission is to | ||||||
12 | reduce gun violence with experience educating the public | ||||||
13 | about the Firearms Restraining Order Act, nominated by | ||||||
14 | such an organization whose membership is the most numerous | ||||||
15 | in Illinois; | ||||||
16 | (7) the Illinois Law Enforcement Training Standards | ||||||
17 | Board, nominated by the Executive Director of the Board; | ||||||
18 | (8) a representative from a public defender's office,
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19 | nominated by the State Appellate Defender; | ||||||
20 | (9) a circuit court judge,
nominated by the Chief | ||||||
21 | Justice of the Supreme Court; | ||||||
22 | (10) a prosecutor with experience managing or | ||||||
23 | directing a program in another state where the | ||||||
24 | implementation of that state's extreme risk protection | ||||||
25 | order law has achieved high rates of petition filings | ||||||
26 | nominated by the National District Attorneys Association; |
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1 | and | ||||||
2 | (11) an expert from law enforcement who has experience | ||||||
3 | managing or directing a program in another state where the | ||||||
4 | implementation of that state's extreme risk protection | ||||||
5 | order law has achieved high rates of petition filings | ||||||
6 | nominated by the Director of the Illinois State Police. | ||||||
7 | (b)
The Commission shall be chaired by the Director of the | ||||||
8 | Illinois State Police or his or her designee. The Commission | ||||||
9 | shall meet, either virtually or in person, to discuss the | ||||||
10 | implementation of the Firearms Restraining Order Act as | ||||||
11 | determined by the Commission while the strategies are being | ||||||
12 | established. | ||||||
13 | (c) The members of the Commission shall serve without | ||||||
14 | compensation and shall serve 3-year terms. | ||||||
15 | (d) An annual report shall be submitted to the General | ||||||
16 | Assembly by the Commission that may include summary | ||||||
17 | information about firearms restraining order use by county, | ||||||
18 | challenges to Firearms Restraining Order Act implementation, | ||||||
19 | and recommendations for increasing and improving | ||||||
20 | implementation. | ||||||
21 | (e)
The Commission shall develop a model policy with an | ||||||
22 | overall framework for the timely relinquishment of firearms | ||||||
23 | whenever a firearms restraining order is issued. The model | ||||||
24 | policy shall be finalized within the first 4 months of | ||||||
25 | convening. In formulating the model policy, the Commission | ||||||
26 | shall consult counties in Illinois and other states with |
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1 | extreme risk protection order laws which have achieved a high | ||||||
2 | rate of petition filings. Once approved, the Illinois State | ||||||
3 | Police shall work with their local law enforcement agencies | ||||||
4 | within their county to design a comprehensive strategy for the | ||||||
5 | timely relinquishment of firearms, using the model policy as | ||||||
6 | an overall framework. Each individual agency may make small | ||||||
7 | modifications as needed to the model policy and must approve | ||||||
8 | and adopt a policy that aligns with the model policy. The | ||||||
9 | Illinois State Police shall convene local police chiefs and | ||||||
10 | sheriffs within their county as needed to discuss the | ||||||
11 | relinquishment of firearms. | ||||||
12 | (f) The Commission shall be dissolved 3 years after the | ||||||
13 | effective date of this amendatory Act of the 102nd General | ||||||
14 | Assembly. | ||||||
15 | (g) This Section is repealed 4 years after the effective | ||||||
16 | date of this amendatory Act of the 102nd General Assembly. | ||||||
17 | Section 15. The Illinois Police Training Act is amended by | ||||||
18 | changing Section 7 and by adding Section 7.1 as follows:
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19 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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20 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
21 | adopt rules and
minimum standards for such schools which shall | ||||||
22 | include, but not be limited to,
the following:
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23 | a. The curriculum for probationary police officers | ||||||
24 | which shall be
offered by all certified schools shall |
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1 | include, but not be limited to,
courses of procedural | ||||||
2 | justice, arrest and use and control tactics, search and | ||||||
3 | seizure, including temporary questioning, civil rights, | ||||||
4 | human rights, human relations,
cultural competency, | ||||||
5 | including implicit bias and racial and ethnic sensitivity,
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6 | criminal law, law of criminal procedure, constitutional | ||||||
7 | and proper use of law enforcement authority, vehicle and | ||||||
8 | traffic law including
uniform and non-discriminatory | ||||||
9 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
10 | and accident investigation, techniques of obtaining
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11 | physical evidence, court testimonies, statements, reports, | ||||||
12 | firearms
training, training in the use of electronic | ||||||
13 | control devices, including the psychological and | ||||||
14 | physiological effects of the use of those devices on | ||||||
15 | humans, first-aid (including cardiopulmonary | ||||||
16 | resuscitation), training in the administration of opioid | ||||||
17 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
18 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
19 | handling of
juvenile offenders, recognition of
mental | ||||||
20 | conditions and crises, including, but not limited to, the | ||||||
21 | disease of addiction, which require immediate assistance | ||||||
22 | and response and methods to
safeguard and provide | ||||||
23 | assistance to a person in need of mental
treatment, | ||||||
24 | recognition of abuse, neglect, financial exploitation, and | ||||||
25 | self-neglect of adults with disabilities and older adults, | ||||||
26 | as defined in Section 2 of the Adult Protective Services |
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1 | Act, crimes against the elderly, law of evidence, the | ||||||
2 | hazards of high-speed police vehicle
chases with an | ||||||
3 | emphasis on alternatives to the high-speed chase, and
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4 | physical training. The curriculum shall include specific | ||||||
5 | training in
techniques for immediate response to and | ||||||
6 | investigation of cases of domestic
violence and of sexual | ||||||
7 | assault of adults and children, including cultural | ||||||
8 | perceptions and common myths of sexual assault and sexual | ||||||
9 | abuse as well as interview techniques that are age | ||||||
10 | sensitive and are trauma informed, victim centered, and | ||||||
11 | victim sensitive. The curriculum shall include
training in | ||||||
12 | techniques designed to promote effective
communication at | ||||||
13 | the initial contact with crime victims and ways to | ||||||
14 | comprehensively
explain to victims and witnesses their | ||||||
15 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
16 | and the Crime
Victims Compensation Act. The curriculum | ||||||
17 | shall also include training in effective recognition of | ||||||
18 | and responses to stress, trauma, and post-traumatic stress | ||||||
19 | experienced by police officers that is consistent with | ||||||
20 | Section 25 of the Illinois Mental Health First Aid | ||||||
21 | Training Act in a peer setting, including recognizing | ||||||
22 | signs and symptoms of work-related cumulative stress, | ||||||
23 | issues that may lead to suicide, and solutions for | ||||||
24 | intervention with peer support resources. The curriculum | ||||||
25 | shall include a block of instruction addressing the | ||||||
26 | mandatory reporting requirements under the Abused and |
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1 | Neglected Child Reporting Act. The curriculum shall also | ||||||
2 | include a block of instruction aimed at identifying and | ||||||
3 | interacting with persons with autism and other | ||||||
4 | developmental or physical disabilities, reducing barriers | ||||||
5 | to reporting crimes against persons with autism, and | ||||||
6 | addressing the unique challenges presented by cases | ||||||
7 | involving victims or witnesses with autism and other | ||||||
8 | developmental disabilities. The curriculum shall include | ||||||
9 | training in the detection and investigation of all forms | ||||||
10 | of human trafficking. The curriculum shall also include | ||||||
11 | instruction in trauma-informed responses designed to | ||||||
12 | ensure the physical safety and well-being of a child of an | ||||||
13 | arrested parent or immediate family member; this | ||||||
14 | instruction must include, but is not limited to: (1) | ||||||
15 | understanding the trauma experienced by the child while | ||||||
16 | maintaining the integrity of the arrest and safety of | ||||||
17 | officers, suspects, and other involved individuals; (2) | ||||||
18 | de-escalation tactics that would include the use of force | ||||||
19 | when reasonably necessary; and (3) inquiring whether a | ||||||
20 | child will require supervision and care. The curriculum | ||||||
21 | for
permanent police officers shall include, but not be | ||||||
22 | limited to: (1) refresher
and in-service training in any | ||||||
23 | of the courses listed above in this
subparagraph, (2) | ||||||
24 | advanced courses in any of the subjects listed above in
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25 | this subparagraph, (3) training for supervisory personnel, | ||||||
26 | and (4)
specialized training in subjects and fields to be |
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1 | selected by the board. The training in the use of | ||||||
2 | electronic control devices shall be conducted for | ||||||
3 | probationary police officers, including University police | ||||||
4 | officers. The curriculum shall also include training on | ||||||
5 | the use of a firearms restraining order by providing | ||||||
6 | instruction on the process used to file a firearms | ||||||
7 | restraining order, how to identify situations in which a | ||||||
8 | firearms restraining order is appropriate, and how to | ||||||
9 | promote a firearms restraining order in a domestic | ||||||
10 | violence situation.
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11 | b. Minimum courses of study, attendance requirements | ||||||
12 | and equipment
requirements.
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13 | c. Minimum requirements for instructors.
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14 | d. Minimum basic training requirements, which a | ||||||
15 | probationary police
officer must satisfactorily complete | ||||||
16 | before being eligible for permanent
employment as a local | ||||||
17 | law enforcement officer for a participating local
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18 | governmental agency. Those requirements shall include | ||||||
19 | training in first aid
(including cardiopulmonary | ||||||
20 | resuscitation).
| ||||||
21 | e. Minimum basic training requirements, which a | ||||||
22 | probationary county
corrections officer must | ||||||
23 | satisfactorily complete before being eligible for
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24 | permanent employment as a county corrections officer for a | ||||||
25 | participating
local governmental agency.
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26 | f. Minimum basic training requirements which a |
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1 | probationary court
security officer must satisfactorily | ||||||
2 | complete before being eligible for
permanent employment as | ||||||
3 | a court security officer for a participating local
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4 | governmental agency. The Board shall
establish those | ||||||
5 | training requirements which it considers appropriate for | ||||||
6 | court
security officers and shall certify schools to | ||||||
7 | conduct that training.
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8 | A person hired to serve as a court security officer | ||||||
9 | must obtain from the
Board a certificate (i) attesting to | ||||||
10 | his or her successful completion of the
training course; | ||||||
11 | (ii) attesting to his or her satisfactory
completion of a | ||||||
12 | training program of similar content and number of hours | ||||||
13 | that
has been found acceptable by the Board under the | ||||||
14 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
15 | determination that the training
course is unnecessary | ||||||
16 | because of the person's extensive prior law enforcement
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17 | experience.
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18 | Individuals who currently serve as court security | ||||||
19 | officers shall be deemed
qualified to continue to serve in | ||||||
20 | that capacity so long as they are certified
as provided by | ||||||
21 | this Act within 24 months of June 1, 1997 (the effective | ||||||
22 | date of Public Act 89-685). Failure to be so certified, | ||||||
23 | absent a waiver from the
Board, shall cause the officer to | ||||||
24 | forfeit his or her position.
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25 | All individuals hired as court security officers on or | ||||||
26 | after June 1, 1997 (the effective
date of Public Act |
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1 | 89-685) shall be certified within 12 months of the
date of | ||||||
2 | their hire, unless a waiver has been obtained by the | ||||||
3 | Board, or they
shall forfeit their positions.
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4 | The Sheriff's Merit Commission, if one exists, or the | ||||||
5 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
6 | Commission, shall maintain a list of all
individuals who | ||||||
7 | have filed applications to become court security officers | ||||||
8 | and
who meet the eligibility requirements established | ||||||
9 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
10 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
11 | exists, shall establish a schedule of reasonable intervals | ||||||
12 | for
verification of the applicants' qualifications under
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13 | this Act and as established by the Board.
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14 | g. Minimum in-service training requirements, which a | ||||||
15 | police officer must satisfactorily complete every 3 years. | ||||||
16 | Those requirements shall include constitutional and proper | ||||||
17 | use of law enforcement authority, procedural justice, | ||||||
18 | civil rights, human rights, mental health awareness and | ||||||
19 | response, officer wellness, reporting child abuse and | ||||||
20 | neglect, and cultural competency. | ||||||
21 | h. Minimum in-service training requirements, which a | ||||||
22 | police officer must satisfactorily complete at least | ||||||
23 | annually. Those requirements shall include law updates and | ||||||
24 | use of force training which shall include scenario based | ||||||
25 | training, or similar training approved by the Board. | ||||||
26 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; |
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1 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
2 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
3 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
4 | 101-564, eff. 1-1-20; revised 9-10-19.)"; and
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5 | (50 ILCS 705/7.1 new) | ||||||
6 | Sec. 7.1. Firearms restraining order training. | ||||||
7 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
8 | shall develop and approve a standard curriculum for a training | ||||||
9 | program on the Firearms Restraining Order Act. The Board shall | ||||||
10 | conduct a training program that trains officers on the use of | ||||||
11 | firearms restraining orders, how to identify situations in | ||||||
12 | which a firearms restraining order is appropriate, and how to | ||||||
13 | safely promote the usage of the firearms restraining order in | ||||||
14 | a domestic violence situation.
Officers who have successfully | ||||||
15 | completed this program shall be issued a
certificate attesting | ||||||
16 | to their attendance. | ||||||
17 | (b) Every law enforcement officer shall complete this | ||||||
18 | training once each year. | ||||||
19 | (c) If adequate training is unavailable, the Illinois Law | ||||||
20 | Enforcement Training Standards Board may approve training to | ||||||
21 | be conducted by a third party. | ||||||
22 | Section 20. The Firearms Restraining Order Act is amended | ||||||
23 | by changing Sections 5, 10, 35, 40, and 45 and by adding | ||||||
24 | Section 85 as follows: |
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1 | (430 ILCS 67/5)
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2 | Sec. 5. Definitions.
As used in this Act: | ||||||
3 | "Family member of the respondent" means a spouse, former | ||||||
4 | spouse, person with whom the respondent has or allegedly has a | ||||||
5 | child in common, parent, child, or step-child of the | ||||||
6 | respondent, any other person related by blood or present | ||||||
7 | marriage to the respondent, or a person who shares a common | ||||||
8 | dwelling with the respondent. | ||||||
9 | "Firearms restraining order" means an order issued by the | ||||||
10 | court, prohibiting and enjoining a named person from having in | ||||||
11 | his or her custody or control, purchasing, possessing, or | ||||||
12 | receiving any firearms or ammunition, or removing firearm | ||||||
13 | parts that could be assembled to make an operable firearm .
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14 | "Intimate partner" means a spouse, former spouse, a person | ||||||
15 | with whom the respondent has or allegedly has a child in | ||||||
16 | common, or a person with whom the respondent has or has had a | ||||||
17 | dating or engagement relationship. | ||||||
18 | "Petitioner" means: | ||||||
19 | (1) a family member of the respondent as defined in | ||||||
20 | this Act; or
| ||||||
21 | (2) a law enforcement officer
who files a petition | ||||||
22 | alleging that the respondent poses a danger of causing | ||||||
23 | personal injury to himself, herself, or another by having | ||||||
24 | in his or her custody or control, purchasing, possessing, | ||||||
25 | or receiving a firearm , ammunition, or firearm parts that |
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1 | could be assembled to make an operable firearm or removing | ||||||
2 | firearm parts that could be assembled to make an operable | ||||||
3 | firearm . | ||||||
4 | "Respondent" means the person alleged in the petition to | ||||||
5 | pose a danger of causing personal injury to himself, herself, | ||||||
6 | or another by having in his or her custody or control, | ||||||
7 | purchasing, possessing, or receiving a firearm , ammunition, or | ||||||
8 | firearm parts that could be assembled to make an operable | ||||||
9 | firearm or removing firearm parts that could be assembled to | ||||||
10 | make an operable firearm .
| ||||||
11 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
12 | (430 ILCS 67/10)
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13 | Sec. 10. Commencement of action; procedure.
| ||||||
14 | (a) An action for a firearms restraining order is | ||||||
15 | commenced by filing a verified petition for a firearms | ||||||
16 | restraining order in any circuit court.
| ||||||
17 | (b) A petition for a firearms restraining order may be | ||||||
18 | filed in : (1) any county where the respondent resides or (2) | ||||||
19 | any county where an incident occurred that involved the | ||||||
20 | respondent posing an immediate and present danger of causing | ||||||
21 | personal injury to the respondent or another by having in his | ||||||
22 | or her custody or control, or purchasing, possessing, or | ||||||
23 | receiving, a firearm, ammunition, or firearm parts
that could | ||||||
24 | be assembled to make an operable firearm .
| ||||||
25 | (c) No fee shall be charged by the clerk for filing, |
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| |||||||
1 | amending, vacating, certifying, printing, or photocopying | ||||||
2 | petitions or orders; or for issuing alias summons; or for any | ||||||
3 | related filing service. No fee shall be charged by the sheriff | ||||||
4 | or other law enforcement for service by the sheriff or other | ||||||
5 | law enforcement of a petition, rule, motion, or order in an | ||||||
6 | action commenced under this Section. | ||||||
7 | (d) The court shall provide, through the office of the | ||||||
8 | clerk of the court, simplified forms and clerical assistance | ||||||
9 | to help with the writing and filing of a petition under this | ||||||
10 | Section by any person not represented by counsel. In addition, | ||||||
11 | that assistance may be provided by the State's Attorney.
| ||||||
12 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
13 | (430 ILCS 67/35)
| ||||||
14 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
15 | (a) A petitioner may request an emergency firearms | ||||||
16 | restraining order by filing an affidavit or verified pleading | ||||||
17 | alleging that the respondent poses an immediate and present | ||||||
18 | danger of causing personal injury to himself, herself, or | ||||||
19 | another by having in his or her custody or control, | ||||||
20 | purchasing, possessing, or receiving a firearm , ammunition, or | ||||||
21 | firearm parts
that could be assembled to make an operable | ||||||
22 | firearm . The petition shall also describe the type and | ||||||
23 | location of any firearm or firearms , ammunition, or firearm | ||||||
24 | parts
that could be assembled to make an operable firearm | ||||||
25 | presently believed by the petitioner to be possessed or |
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1 | controlled by the respondent.
| ||||||
2 | (b) If the respondent is alleged to pose an immediate and | ||||||
3 | present danger of causing personal injury to an intimate | ||||||
4 | partner, or an intimate partner is alleged to have been the | ||||||
5 | target of a threat or act of violence by the respondent, the | ||||||
6 | petitioner shall make a good faith effort to provide notice to | ||||||
7 | any and all intimate partners of the respondent. The notice | ||||||
8 | must include that the petitioner intends to petition the court | ||||||
9 | for an emergency firearms restraining order, and, if the | ||||||
10 | petitioner is a law enforcement officer, referral to relevant | ||||||
11 | domestic violence or stalking advocacy or counseling | ||||||
12 | resources, if appropriate. The petitioner shall attest to | ||||||
13 | having provided the notice in the filed affidavit or verified | ||||||
14 | pleading. If, after making a good faith effort, the petitioner | ||||||
15 | is unable to provide notice to any or all intimate partners, | ||||||
16 | the affidavit or verified pleading should describe what | ||||||
17 | efforts were made. | ||||||
18 | (c) Every person who files a petition for an emergency | ||||||
19 | firearms restraining order, knowing the information provided | ||||||
20 | to the court at any hearing or in the affidavit or verified | ||||||
21 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
22 | of the Criminal Code of 2012.
| ||||||
23 | (d) An emergency firearms restraining order shall be | ||||||
24 | issued on an ex parte basis, that is, without notice to the | ||||||
25 | respondent.
| ||||||
26 | (e) An emergency hearing held on an ex parte basis shall be |
| |||||||
| |||||||
1 | held the same day that the petition is filed or the next day | ||||||
2 | that the court is in session.
| ||||||
3 | (f) If a circuit or associate judge finds probable cause | ||||||
4 | to believe that the respondent poses an immediate and present | ||||||
5 | danger of causing personal injury to himself, herself, or | ||||||
6 | another by having in his or her custody or control, | ||||||
7 | purchasing, possessing, or receiving a firearm , ammunition, or | ||||||
8 | firearm parts
that could be assembled to make an operable | ||||||
9 | firearm , the circuit or associate judge shall issue an | ||||||
10 | emergency order.
| ||||||
11 | (f-5) If the court issues an emergency firearms | ||||||
12 | restraining order, it shall, upon a finding of probable cause | ||||||
13 | that the respondent possesses firearms , ammunition, or firearm | ||||||
14 | parts
that could be assembled to make an operable firearm , | ||||||
15 | issue a search warrant directing a law enforcement agency to | ||||||
16 | seize the respondent's firearms , ammunition, and firearm parts | ||||||
17 | that could
be assembled to make an operable firearm . The court | ||||||
18 | may, as part of that warrant, direct the law enforcement | ||||||
19 | agency to search the respondent's residence and other places | ||||||
20 | where the court finds there is probable cause to believe he or | ||||||
21 | she is likely to possess the firearms , ammunition, or firearm | ||||||
22 | parts
that could be assembled to make an operable firearm. A | ||||||
23 | return of the search warrant shall be filed by the law | ||||||
24 | enforcement agency within 4 days thereafter, setting forth the | ||||||
25 | time, date, and location that the search warrant was executed | ||||||
26 | and what items, if any, were seized . |
| |||||||
| |||||||
1 | (g) An emergency firearms restraining order shall require:
| ||||||
2 | (1) the respondent to refrain from having in his or | ||||||
3 | her custody or control, purchasing, possessing, or | ||||||
4 | receiving additional firearms , ammunition, or firearm | ||||||
5 | parts that could be assembled to make an operable firearm, | ||||||
6 | or removing firearm parts that could be assembled to make | ||||||
7 | an operable firearm for the duration of the order;
and | ||||||
8 | (2) the respondent to turn over to the local law | ||||||
9 | enforcement agency any Firearm Owner's Identification Card | ||||||
10 | and concealed carry license in his or her possession. The | ||||||
11 | local law enforcement agency shall immediately mail the | ||||||
12 | card and concealed carry license to the Department of | ||||||
13 | State Police Firearm Services Bureau for safekeeping. The | ||||||
14 | firearm or firearms , ammunition, and firearm parts that | ||||||
15 | could
be assembled to make an operable firearm and Firearm | ||||||
16 | Owner's Identification Card and concealed carry license, | ||||||
17 | if unexpired, shall be returned to the respondent after | ||||||
18 | the firearms restraining order is terminated or expired. | ||||||
19 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
20 | this Section, upon expiration of the period of safekeeping, if | ||||||
21 | the firearms , ammunition, and firearm parts that could
be | ||||||
22 | assembled to make an operable firearm or Firearm Owner's | ||||||
23 | Identification Card and concealed carry license cannot be | ||||||
24 | returned to the respondent because the respondent cannot be | ||||||
25 | located, fails to respond to requests to retrieve the | ||||||
26 | firearms, or is not lawfully eligible to possess a firearm , |
| |||||||
| |||||||
1 | ammunition, or firearm parts
that could be assembled to make | ||||||
2 | an operable firearm , upon petition from the local law | ||||||
3 | enforcement agency, the court may order the local law | ||||||
4 | enforcement agency to destroy the firearms , ammunition, and | ||||||
5 | firearm parts that could
be assembled to make an operable | ||||||
6 | firearm , use the firearms , ammunition, and firearm parts that | ||||||
7 | could
be assembled to make an operable firearm for training | ||||||
8 | purposes, or use the firearms , ammunition, and firearm parts | ||||||
9 | that could
be assembled to make an operable firearm for any | ||||||
10 | other application as deemed appropriate by the local law | ||||||
11 | enforcement agency.
| ||||||
12 | (h-5) A respondent whose Firearm Owner's Identification | ||||||
13 | Card has been revoked or suspended may petition the court, if | ||||||
14 | the petitioner is present in court or has notice of the | ||||||
15 | respondent's petition, to transfer the respondent's firearm , | ||||||
16 | ammunition, and firearm parts that could
be assembled to make | ||||||
17 | an operable firearm to a person who is lawfully able to possess | ||||||
18 | the firearm , ammunition, and firearm parts that could
be | ||||||
19 | assembled to make an operable firearm if the person does not | ||||||
20 | reside at the same address as the respondent. Notice of the | ||||||
21 | petition shall be served upon the person protected by the | ||||||
22 | emergency firearms restraining order. While the order is in | ||||||
23 | effect, the transferee who receives the respondent's firearms , | ||||||
24 | ammunition, and firearm parts that could be assembled to make | ||||||
25 | an operable firearm must swear or affirm by affidavit that he | ||||||
26 | or she shall not transfer the firearm , ammunition, and firearm |
| |||||||
| |||||||
1 | parts that could
be assembled to make an operable firearm to | ||||||
2 | the respondent or to anyone residing in the same residence as | ||||||
3 | the respondent. | ||||||
4 | (h-6) If a person other than the respondent claims title | ||||||
5 | to any firearms , ammunition, and firearm parts that could
be | ||||||
6 | assembled to make an operable firearm surrendered under this | ||||||
7 | Section, he or she may petition the court, if the petitioner is | ||||||
8 | present in court or has notice of the petition, to have the | ||||||
9 | firearm , ammunition, and firearm parts that could be assembled | ||||||
10 | to make an operable firearm returned to him or her. If the | ||||||
11 | court determines that person to be the lawful owner of the | ||||||
12 | firearm , ammunition, and firearm parts that could be assembled | ||||||
13 | to make an operable firearm , the firearm , ammunition, and | ||||||
14 | firearm parts that could
be assembled to make an operable | ||||||
15 | firearm shall be returned to him or her, provided that: | ||||||
16 | (1) the firearm ,
ammunition, and firearm parts that | ||||||
17 | could be assembled to make
an operable firearm are is | ||||||
18 | removed from the respondent's custody, control, or | ||||||
19 | possession and the lawful owner agrees to store the | ||||||
20 | firearm , ammunition, and firearm parts that could
be | ||||||
21 | assembled to make an operable firearm in a manner such | ||||||
22 | that the respondent does not have access to or control of | ||||||
23 | the firearm , ammunition, and firearm parts that could
be | ||||||
24 | assembled to make an operable firearm ; and | ||||||
25 | (2) the firearm ,
ammunition, and firearm parts that | ||||||
26 | could be assembled to make
an operable firearm are is not |
| |||||||
| |||||||
1 | otherwise unlawfully possessed by the owner. | ||||||
2 | The person petitioning for the return of his or her | ||||||
3 | firearm , ammunition, and firearm parts that could
be assembled | ||||||
4 | to make an operable firearm must swear or affirm by affidavit | ||||||
5 | that he or she: (i) is the lawful owner of the firearm , | ||||||
6 | ammunition, and firearm parts that could be assembled to make | ||||||
7 | an operable firearm ; (ii) shall not transfer the firearm , | ||||||
8 | ammunition, and firearm parts that could
be assembled to make | ||||||
9 | an operable firearm to the respondent; and (iii) will store | ||||||
10 | the firearm , ammunition, and firearm parts that could be | ||||||
11 | assembled to make an operable firearm in a manner that the | ||||||
12 | respondent does not have access to or control of the firearm , | ||||||
13 | ammunition, and firearm parts that could
be assembled to make | ||||||
14 | an operable firearm . | ||||||
15 | (i) In accordance with subsection (e) of this Section, the | ||||||
16 | court shall schedule a full hearing as soon as possible, but no | ||||||
17 | longer than 14 days from the issuance of an ex parte firearms | ||||||
18 | restraining order, to determine if a 6-month firearms | ||||||
19 | restraining order shall be issued. The court may extend an ex | ||||||
20 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
21 | service of the order or if necessary to continue protection. | ||||||
22 | The court may extend the order for a greater length of time by | ||||||
23 | mutual agreement of the parties.
| ||||||
24 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
25 | (430 ILCS 67/40)
|
| |||||||
| |||||||
1 | Sec. 40. Six-month orders.
| ||||||
2 | (a) A petitioner may request a 6-month firearms | ||||||
3 | restraining order by filing an affidavit or verified pleading | ||||||
4 | alleging that the respondent poses a significant danger of | ||||||
5 | causing personal injury to himself, herself, or another in the | ||||||
6 | near future by having in his or her custody or control, | ||||||
7 | purchasing, possessing, or receiving a firearm , ammunition, | ||||||
8 | and firearm parts that could
be assembled to make an operable | ||||||
9 | firearm . The petition shall also describe the number, types, | ||||||
10 | and locations of any firearms , ammunition, and firearm parts | ||||||
11 | that could
be assembled to make an operable firearm presently | ||||||
12 | believed by the petitioner to be possessed or controlled by | ||||||
13 | the respondent.
| ||||||
14 | (b) If the respondent is alleged to pose a significant | ||||||
15 | danger of causing personal injury to an intimate partner, or | ||||||
16 | an intimate partner is alleged to have been the target of a | ||||||
17 | threat or act of violence by the respondent, the petitioner | ||||||
18 | shall make a good faith effort to provide notice to any and all | ||||||
19 | intimate partners of the respondent. The notice must include | ||||||
20 | that the petitioner intends to petition the court for a | ||||||
21 | 6-month firearms restraining order, and, if the petitioner is | ||||||
22 | a law enforcement officer, referral to relevant domestic | ||||||
23 | violence or stalking advocacy or counseling resources, if | ||||||
24 | appropriate. The petitioner shall attest to having provided | ||||||
25 | the notice in the filed affidavit or verified pleading. If, | ||||||
26 | after making a good faith effort, the petitioner is unable to |
| |||||||
| |||||||
1 | provide notice to any or all intimate partners, the affidavit | ||||||
2 | or verified pleading should describe what efforts were made. | ||||||
3 | (c) Every person who files a petition for a 6-month | ||||||
4 | firearms restraining order, knowing the information provided | ||||||
5 | to the court at any hearing or in the affidavit or verified | ||||||
6 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
7 | of the Criminal Code of 2012.
| ||||||
8 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
9 | restraining order, the court shall order a hearing within 30 | ||||||
10 | days.
| ||||||
11 | (e) In determining whether to issue a firearms restraining | ||||||
12 | order under this Section, the court shall consider evidence | ||||||
13 | including, but not limited to, the following:
| ||||||
14 | (1) The unlawful and reckless use, display, or | ||||||
15 | brandishing of a firearm , ammunition, and firearm parts | ||||||
16 | that could
be assembled to make an operable firearm by the | ||||||
17 | respondent.
| ||||||
18 | (2) The history of use, attempted use, or threatened | ||||||
19 | use of physical force by the respondent against another | ||||||
20 | person.
| ||||||
21 | (3) Any prior arrest of the respondent for a felony | ||||||
22 | offense. | ||||||
23 | (4) Evidence of the abuse of controlled substances or | ||||||
24 | alcohol by the respondent. | ||||||
25 | (5) A recent threat of violence or act of violence by | ||||||
26 | the respondent directed toward himself, herself, or |
| |||||||
| |||||||
1 | another. | ||||||
2 | (6) A violation of an emergency order of protection | ||||||
3 | issued under Section 217 of the Illinois Domestic Violence | ||||||
4 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
5 | Procedure of 1963 or of an order of protection issued | ||||||
6 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
7 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
8 | of 1963.
| ||||||
9 | (7) A pattern of violent acts or violent threats, | ||||||
10 | including, but not limited to, threats of violence or acts | ||||||
11 | of violence by the respondent directed toward himself, | ||||||
12 | herself, or another. | ||||||
13 | (f) At the hearing, the petitioner shall have the burden | ||||||
14 | of proving, by clear and convincing evidence, that the | ||||||
15 | respondent poses a significant danger of personal injury to | ||||||
16 | himself, herself, or another by having in his or her custody or | ||||||
17 | control, purchasing, possessing, or receiving a firearm , | ||||||
18 | ammunition, and firearm parts that could be assembled to make | ||||||
19 | an operable firearm . | ||||||
20 | (g) If the court finds that there is clear and convincing | ||||||
21 | evidence to issue a firearms restraining order, the court | ||||||
22 | shall issue a firearms restraining order that shall be in | ||||||
23 | effect for 6 months subject to renewal under Section 45 of this | ||||||
24 | Act or termination under that Section. | ||||||
25 | (g-5) If the court issues a 6-month firearms restraining | ||||||
26 | order, it shall, upon a finding of probable cause that the |
| |||||||
| |||||||
1 | respondent possesses firearms , ammunition, and firearm parts | ||||||
2 | that could
be assembled to make an operable firearm , issue a | ||||||
3 | search warrant directing a law enforcement agency to seize the | ||||||
4 | respondent's firearms , ammunition, and firearm parts that | ||||||
5 | could
be assembled to make an operable firearm . The court may, | ||||||
6 | as part of that warrant, direct the law enforcement agency to | ||||||
7 | search the respondent's residence and other places where the | ||||||
8 | court finds there is probable cause to believe he or she is | ||||||
9 | likely to possess the firearms , ammunition, and firearm parts | ||||||
10 | that could
be assembled to make an operable firearm. A return | ||||||
11 | of the search warrant shall be filed by the law enforcement | ||||||
12 | agency within 4 days thereafter, setting forth the time, date, | ||||||
13 | and location that the search warrant was executed and what | ||||||
14 | items, if any, were seized . | ||||||
15 | (h) A 6-month firearms restraining order shall require: | ||||||
16 | (1) the respondent to refrain from having in his or | ||||||
17 | her custody or control, purchasing, possessing, or | ||||||
18 | receiving additional firearms , ammunition, and firearm | ||||||
19 | parts that could
be assembled to make an operable firearm | ||||||
20 | for the duration of the order; and | ||||||
21 | (2) the respondent to turn over to the local law | ||||||
22 | enforcement agency any firearm , ammunition, and firearm | ||||||
23 | parts that could
be assembled to make an operable firearm | ||||||
24 | or Firearm Owner's Identification Card and concealed carry | ||||||
25 | license in his or her possession. The local law | ||||||
26 | enforcement agency shall immediately mail the card and |
| |||||||
| |||||||
1 | concealed carry license to the Department of State Police | ||||||
2 | Firearm Services Bureau for safekeeping. The firearm or | ||||||
3 | firearms , ammunition, and firearm parts that could be | ||||||
4 | assembled to make an operable firearm and Firearm Owner's | ||||||
5 | Identification Card and concealed carry license, if | ||||||
6 | unexpired, shall be returned to the respondent after the | ||||||
7 | firearms restraining order is terminated or expired. | ||||||
8 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
9 | this Section, upon expiration of the period of safekeeping, if | ||||||
10 | the firearms , ammunition, and firearm parts that could
be | ||||||
11 | assembled to make an operable firearm or Firearm Owner's | ||||||
12 | Identification Card cannot be returned to the respondent | ||||||
13 | because the respondent cannot be located, fails to respond to | ||||||
14 | requests to retrieve the firearms , ammunition, and firearm | ||||||
15 | parts that could
be assembled to make an operable firearm , or | ||||||
16 | is not lawfully eligible to possess a firearm , ammunition, and | ||||||
17 | firearm parts that could
be assembled to make an operable | ||||||
18 | firearm , upon petition from the local law enforcement agency, | ||||||
19 | the court may order the local law enforcement agency to | ||||||
20 | destroy the firearms , ammunition, and firearm parts that could | ||||||
21 | be assembled to make an operable firearm , use the firearms , | ||||||
22 | ammunition, and firearm parts that could
be assembled to make | ||||||
23 | an operable firearm for training purposes, or use the | ||||||
24 | firearms , ammunition, and firearm parts that could
be | ||||||
25 | assembled to make an operable firearm for any other | ||||||
26 | application as deemed appropriate by the local law enforcement |
| |||||||
| |||||||
1 | agency. | ||||||
2 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
3 | Card has been revoked or suspended may petition the court, if | ||||||
4 | the petitioner is present in court or has notice of the | ||||||
5 | respondent's petition, to transfer the respondent's firearm , | ||||||
6 | ammunition, and firearm parts that could
be assembled to make | ||||||
7 | an operable firearm to a person who is lawfully able to possess | ||||||
8 | the firearm , ammunition, and firearm parts that could
be | ||||||
9 | assembled to make an operable firearm if the person does not | ||||||
10 | reside at the same address as the respondent. Notice of the | ||||||
11 | petition shall be served upon the person protected by the | ||||||
12 | emergency firearms restraining order. While the order is in | ||||||
13 | effect, the transferee who receives the respondent's firearms , | ||||||
14 | ammunition, and firearm parts that could be assembled to make | ||||||
15 | an operable firearm must swear or affirm by affidavit that he | ||||||
16 | or she shall not transfer the firearm , ammunition, and firearm | ||||||
17 | parts that could
be assembled to make an operable firearm to | ||||||
18 | the respondent or to anyone residing in the same residence as | ||||||
19 | the respondent. | ||||||
20 | (i-6) If a person other than the respondent claims title | ||||||
21 | to any firearms , ammunition, and firearm parts that could
be | ||||||
22 | assembled to make an operable firearm surrendered under this | ||||||
23 | Section, he or she may petition the court, if the petitioner is | ||||||
24 | present in court or has notice of the petition, to have the | ||||||
25 | firearm , ammunition, and firearm parts that could be assembled | ||||||
26 | to make an operable firearm returned to him or her. If the |
| |||||||
| |||||||
1 | court determines that person to be the lawful owner of the | ||||||
2 | firearm , ammunition, and firearm parts that could be assembled | ||||||
3 | to make an operable firearm , the firearm , ammunition, and | ||||||
4 | firearm parts that could
be assembled to make an operable | ||||||
5 | firearm shall be returned to him or her, provided that: | ||||||
6 | (1) the firearm ,
ammunition, and firearm parts that | ||||||
7 | could be assembled to make
an operable firearm are is | ||||||
8 | removed from the respondent's custody, control, or | ||||||
9 | possession and the lawful owner agrees to store the | ||||||
10 | firearm , ammunition, and firearm parts that could
be | ||||||
11 | assembled to make an operable firearm in a manner such | ||||||
12 | that the respondent does not have access to or control of | ||||||
13 | the firearm , ammunition, and firearm parts that could
be | ||||||
14 | assembled to make an operable firearm ; and | ||||||
15 | (2) the firearm ,
ammunition, and firearm parts that | ||||||
16 | could be assembled to make
an operable firearm are is not | ||||||
17 | otherwise unlawfully possessed by the owner. | ||||||
18 | The person petitioning for the return of his or her | ||||||
19 | firearm , ammunition, and firearm parts that could
be assembled | ||||||
20 | to make an operable firearm must swear or affirm by affidavit | ||||||
21 | that he or she: (i) is the lawful owner of the firearm , | ||||||
22 | ammunition, and firearm parts that could be assembled to make | ||||||
23 | an operable firearm ; (ii) shall not transfer the firearm , | ||||||
24 | ammunition, and firearm parts that could
be assembled to make | ||||||
25 | an operable firearm to the respondent; and (iii) will store | ||||||
26 | the firearm , ammunition, and firearm parts that could be |
| |||||||
| |||||||
1 | assembled to make an operable firearm in a manner that the | ||||||
2 | respondent does not have access to or control of the firearm , | ||||||
3 | ammunition, and firearm parts that could
be assembled to make | ||||||
4 | an operable firearm . | ||||||
5 | (j) If the court does not issue a firearms restraining | ||||||
6 | order at the hearing, the court shall dissolve any emergency | ||||||
7 | firearms restraining order then in effect. | ||||||
8 | (k) When the court issues a firearms restraining order | ||||||
9 | under this Section, the court shall inform the respondent that | ||||||
10 | he or she is entitled to one hearing during the period of the | ||||||
11 | order to request a termination of the order, under Section 45 | ||||||
12 | of this Act, and shall provide the respondent with a form to | ||||||
13 | request a hearing.
| ||||||
14 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
15 | (430 ILCS 67/45)
| ||||||
16 | Sec. 45. Termination and renewal.
| ||||||
17 | (a) A person subject to a firearms restraining order | ||||||
18 | issued under this Act may submit one written request at any | ||||||
19 | time during the effective period of the order for a hearing to | ||||||
20 | terminate the order. | ||||||
21 | (1) The respondent shall have the burden of proving by | ||||||
22 | a preponderance of the evidence that the respondent does | ||||||
23 | not pose a danger of causing personal injury to himself, | ||||||
24 | herself, or another in the near future by having in his or | ||||||
25 | her custody or control, purchasing, possessing, or |
| |||||||
| |||||||
1 | receiving a firearm , ammunition, and firearm parts that | ||||||
2 | could
be assembled to make an operable firearm . | ||||||
3 | (2) If the court finds after the hearing that the | ||||||
4 | respondent has met his or her burden, the court shall | ||||||
5 | terminate the order.
| ||||||
6 | (b) A petitioner may request a renewal of a firearms | ||||||
7 | restraining order at any time within the 3 months before the | ||||||
8 | expiration of a firearms restraining order. | ||||||
9 | (1) A court shall, after notice and a hearing, renew a | ||||||
10 | firearms restraining order issued under this part if the | ||||||
11 | petitioner proves, by clear and convincing evidence, that | ||||||
12 | the respondent continues to pose a danger of causing | ||||||
13 | personal injury to himself, herself, or another in the | ||||||
14 | near future by having in his or her custody or control, | ||||||
15 | purchasing, possessing, or receiving a firearm , | ||||||
16 | ammunition, and firearm parts that could be assembled to | ||||||
17 | make an operable firearm . | ||||||
18 | (2) In determining whether to renew a firearms | ||||||
19 | restraining order issued under this Act, the court shall | ||||||
20 | consider evidence of the facts identified in subsection | ||||||
21 | (e) of Section 40 of this Act and any other evidence of an | ||||||
22 | increased risk for violence. | ||||||
23 | (3) At the hearing, the petitioner shall have the | ||||||
24 | burden of proving by clear and convincing evidence that | ||||||
25 | the respondent continues to pose a danger of causing | ||||||
26 | personal injury to himself, herself, or another in the |
| |||||||
| |||||||
1 | near future by having in his or her custody or control, | ||||||
2 | purchasing, possessing, or receiving a firearm , | ||||||
3 | ammunition, and firearm parts that could be assembled to | ||||||
4 | make an operable firearm . | ||||||
5 | (4) The renewal of a firearms restraining order issued | ||||||
6 | under this Section shall be in effect for 6 months, | ||||||
7 | subject to termination by further order of the court at a | ||||||
8 | hearing held under this Section and further renewal by | ||||||
9 | further order of the court under this Section.
| ||||||
10 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
11 | (430 ILCS 67/85 new) | ||||||
12 | Sec. 85. Report to the General Assembly. The Illinois
| ||||||
13 | State Police shall submit a yearly report to the General
| ||||||
14 | Assembly or make available on its website the number of
| ||||||
15 | petitions entered into the Law Enforcement Agencies Data
| ||||||
16 | System.
|