Rep. Denyse Stoneback
Filed: 4/20/2021
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1 | AMENDMENT TO HOUSE BILL 1092
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2 | AMENDMENT NO. ______. Amend House Bill 1092 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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; |
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1 | (2) production of materials that can be given to | ||||||
2 | health care workers that
assist in identifying victims of | ||||||
3 | domestic violence who may benefit from
awareness of the | ||||||
4 | Firearms Restraining Order Act and how to safely and
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5 | discreetly determine if a potential abuser possesses a | ||||||
6 | firearm; and | ||||||
7 | (3) specific information on situations in which a | ||||||
8 | firearms restraining order
may be appropriate such as with | ||||||
9 | situations of domestic violence, mental
health crisis, or | ||||||
10 | anyone who is at risk of injuring themselves or others. | ||||||
11 | (b)
Beginning July 1, 2022, the program must include the | ||||||
12 | development and
dissemination, through print, digital, and | ||||||
13 | broadcast media, of public service
announcements that | ||||||
14 | publicize the options victims of domestic violence have
to | ||||||
15 | seek help with special emphasis on the firearms restraining | ||||||
16 | order.
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17 | Section 10. The Department of State Police Law of the
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18 | Civil Administrative Code of Illinois is amended by adding | ||||||
19 | Section 2605-51 as follows: | ||||||
20 | (20 ILCS 2605/2605-51 new) | ||||||
21 | Sec. 2605-51. Commission on implementing the Firearms | ||||||
22 | Restraining Order Act. | ||||||
23 | (a) There is created the Commission on Implementing the | ||||||
24 | Firearms Restraining Order Act composed of at least 12 members |
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1 | to advise on the strategies of education and implementation of | ||||||
2 | the Firearms Restraining Order Act. The Commission shall be | ||||||
3 | appointed by the Director of the Illinois State Police or his | ||||||
4 | or her designee and shall include a liaison or representative | ||||||
5 | nominated from the following: | ||||||
6 | (1) the Office of the Attorney General, appointed by | ||||||
7 | the Attorney General; | ||||||
8 | (2) the Director of the Illinois State Police or his | ||||||
9 | or her designee; | ||||||
10 | (3) at least 3 State's Attorneys, nominated by the | ||||||
11 | Director of the Office of the State's Attorneys Appellate | ||||||
12 | Prosecutor; | ||||||
13 | (4) at least 2 municipal police department | ||||||
14 | representatives,
nominated by the Illinois Association of | ||||||
15 | Chiefs of Police; | ||||||
16 | (5) an Illinois sheriff,
nominated by the Illinois | ||||||
17 | Sheriffs' Association; | ||||||
18 | (6) a nonprofit organization whose mission is to | ||||||
19 | reduce gun violence with experience educating the public | ||||||
20 | about the Firearms Restraining Order Act, nominated by | ||||||
21 | such an organization whose membership is the most numerous | ||||||
22 | in Illinois; | ||||||
23 | (7) the Illinois Law Enforcement Training Standards | ||||||
24 | Board, nominated by the Executive Director of the Board; | ||||||
25 | (8) a representative from a public defender's office,
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26 | nominated by the State Appellate Defender; |
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1 | (9) a circuit court judge,
nominated by the Chief | ||||||
2 | Justice of the Supreme Court; | ||||||
3 | (10) a prosecutor with experience managing or | ||||||
4 | directing a program in another state where the | ||||||
5 | implementation of that state's extreme risk protection | ||||||
6 | order law has achieved high rates of petition filings | ||||||
7 | nominated by the National District Attorneys Association; | ||||||
8 | and | ||||||
9 | (11) an expert from law enforcement who has experience | ||||||
10 | managing or directing a program in another state where the | ||||||
11 | implementation of that state's extreme risk protection | ||||||
12 | order law has achieved high rates of petition filings | ||||||
13 | nominated by the Director of the Illinois State Police. | ||||||
14 | (b)
The Commission shall be chaired by the Director of the | ||||||
15 | Illinois State Police or his or her designee. The Commission | ||||||
16 | shall meet, either virtually or in person, to discuss the | ||||||
17 | implementation of the Firearms Restraining Order Act as | ||||||
18 | determined by the Commission while the strategies are being | ||||||
19 | established. | ||||||
20 | (c) The members of the Commission shall serve without | ||||||
21 | compensation and shall serve 3-year terms. | ||||||
22 | (d) An annual report shall be submitted to the General | ||||||
23 | Assembly by the Commission that may include summary | ||||||
24 | information about firearms restraining order use by county, | ||||||
25 | challenges to Firearms Restraining Order Act implementation, | ||||||
26 | and recommendations for increasing and improving |
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1 | implementation. | ||||||
2 | (e)
The Commission shall develop a model policy with an | ||||||
3 | overall framework for the timely relinquishment of firearms | ||||||
4 | whenever a firearms restraining order is issued. The model | ||||||
5 | policy shall be finalized within the first 4 months of | ||||||
6 | convening. In formulating the model policy, the Commission | ||||||
7 | shall consult counties in Illinois and other states with | ||||||
8 | extreme risk protection order laws which have achieved a high | ||||||
9 | rate of petition filings. Once approved, the Illinois State | ||||||
10 | Police shall work with their local law enforcement agencies | ||||||
11 | within their county to design a comprehensive strategy for the | ||||||
12 | timely relinquishment of firearms, using the model policy as | ||||||
13 | an overall framework. Each individual agency may make small | ||||||
14 | modifications as needed to the model policy and must approve | ||||||
15 | and adopt a policy that aligns with the model policy. The | ||||||
16 | Illinois State Police shall convene local police chiefs and | ||||||
17 | sheriffs within their county as needed to discuss the | ||||||
18 | relinquishment of firearms. | ||||||
19 | (f) The Commission shall be dissolved 3 years after the | ||||||
20 | effective date of this amendatory Act of the 102nd General | ||||||
21 | Assembly. | ||||||
22 | (g) This Section is repealed 4 years after the effective | ||||||
23 | date of this amendatory Act of the 102nd General Assembly. | ||||||
24 | Section 15. The Illinois Police Training Act is amended by | ||||||
25 | changing Section 7 and by adding Section 7.1 as follows:
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1 | (50 ILCS 705/7) (from Ch. 85, par. 507)
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2 | Sec. 7. Rules and standards for schools. The Board shall | ||||||
3 | adopt rules and
minimum standards for such schools which shall | ||||||
4 | include, but not be limited to,
the following:
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5 | a. The curriculum for probationary police officers | ||||||
6 | which shall be
offered by all certified schools shall | ||||||
7 | include, but not be limited to,
courses of procedural | ||||||
8 | justice, arrest and use and control tactics, search and | ||||||
9 | seizure, including temporary questioning, civil rights, | ||||||
10 | human rights, human relations,
cultural competency, | ||||||
11 | including implicit bias and racial and ethnic sensitivity,
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12 | criminal law, law of criminal procedure, constitutional | ||||||
13 | and proper use of law enforcement authority, vehicle and | ||||||
14 | traffic law including
uniform and non-discriminatory | ||||||
15 | enforcement of the Illinois Vehicle Code,
traffic control | ||||||
16 | and accident investigation, techniques of obtaining
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17 | physical evidence, court testimonies, statements, reports, | ||||||
18 | firearms
training, training in the use of electronic | ||||||
19 | control devices, including the psychological and | ||||||
20 | physiological effects of the use of those devices on | ||||||
21 | humans, first-aid (including cardiopulmonary | ||||||
22 | resuscitation), training in the administration of opioid | ||||||
23 | antagonists as defined in paragraph (1) of subsection (e) | ||||||
24 | of Section 5-23 of the Substance Use Disorder Act, | ||||||
25 | handling of
juvenile offenders, recognition of
mental |
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1 | conditions and crises, including, but not limited to, the | ||||||
2 | disease of addiction, which require immediate assistance | ||||||
3 | and response and methods to
safeguard and provide | ||||||
4 | assistance to a person in need of mental
treatment, | ||||||
5 | recognition of abuse, neglect, financial exploitation, and | ||||||
6 | self-neglect of adults with disabilities and older adults, | ||||||
7 | as defined in Section 2 of the Adult Protective Services | ||||||
8 | Act, crimes against the elderly, law of evidence, the | ||||||
9 | hazards of high-speed police vehicle
chases with an | ||||||
10 | emphasis on alternatives to the high-speed chase, and
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11 | physical training. The curriculum shall include specific | ||||||
12 | training in
techniques for immediate response to and | ||||||
13 | investigation of cases of domestic
violence and of sexual | ||||||
14 | assault of adults and children, including cultural | ||||||
15 | perceptions and common myths of sexual assault and sexual | ||||||
16 | abuse as well as interview techniques that are age | ||||||
17 | sensitive and are trauma informed, victim centered, and | ||||||
18 | victim sensitive. The curriculum shall include
training in | ||||||
19 | techniques designed to promote effective
communication at | ||||||
20 | the initial contact with crime victims and ways to | ||||||
21 | comprehensively
explain to victims and witnesses their | ||||||
22 | rights under the Rights
of Crime Victims and Witnesses Act | ||||||
23 | and the Crime
Victims Compensation Act. The curriculum | ||||||
24 | shall also include training in effective recognition of | ||||||
25 | and responses to stress, trauma, and post-traumatic stress | ||||||
26 | experienced by police officers that is consistent with |
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1 | Section 25 of the Illinois Mental Health First Aid | ||||||
2 | Training Act in a peer setting, including recognizing | ||||||
3 | signs and symptoms of work-related cumulative stress, | ||||||
4 | issues that may lead to suicide, and solutions for | ||||||
5 | intervention with peer support resources. The curriculum | ||||||
6 | shall include a block of instruction addressing the | ||||||
7 | mandatory reporting requirements under the Abused and | ||||||
8 | Neglected Child Reporting Act. The curriculum shall also | ||||||
9 | include a block of instruction aimed at identifying and | ||||||
10 | interacting with persons with autism and other | ||||||
11 | developmental or physical disabilities, reducing barriers | ||||||
12 | to reporting crimes against persons with autism, and | ||||||
13 | addressing the unique challenges presented by cases | ||||||
14 | involving victims or witnesses with autism and other | ||||||
15 | developmental disabilities. The curriculum shall include | ||||||
16 | training in the detection and investigation of all forms | ||||||
17 | of human trafficking. The curriculum shall also include | ||||||
18 | instruction in trauma-informed responses designed to | ||||||
19 | ensure the physical safety and well-being of a child of an | ||||||
20 | arrested parent or immediate family member; this | ||||||
21 | instruction must include, but is not limited to: (1) | ||||||
22 | understanding the trauma experienced by the child while | ||||||
23 | maintaining the integrity of the arrest and safety of | ||||||
24 | officers, suspects, and other involved individuals; (2) | ||||||
25 | de-escalation tactics that would include the use of force | ||||||
26 | when reasonably necessary; and (3) inquiring whether a |
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1 | child will require supervision and care. The curriculum | ||||||
2 | for
permanent police officers shall include, but not be | ||||||
3 | limited to: (1) refresher
and in-service training in any | ||||||
4 | of the courses listed above in this
subparagraph, (2) | ||||||
5 | advanced courses in any of the subjects listed above in
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6 | this subparagraph, (3) training for supervisory personnel, | ||||||
7 | and (4)
specialized training in subjects and fields to be | ||||||
8 | selected by the board. The training in the use of | ||||||
9 | electronic control devices shall be conducted for | ||||||
10 | probationary police officers, including University police | ||||||
11 | officers. The curriculum shall also include training on | ||||||
12 | the use of a firearms restraining order by providing | ||||||
13 | instruction on the process used to file a firearms | ||||||
14 | restraining order, how to identify situations in which a | ||||||
15 | firearms restraining order is appropriate, and how to | ||||||
16 | promote a firearms restraining order in a domestic | ||||||
17 | violence situation.
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18 | b. Minimum courses of study, attendance requirements | ||||||
19 | and equipment
requirements.
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20 | c. Minimum requirements for instructors.
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21 | d. Minimum basic training requirements, which a | ||||||
22 | probationary police
officer must satisfactorily complete | ||||||
23 | before being eligible for permanent
employment as a local | ||||||
24 | law enforcement officer for a participating local
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25 | governmental agency. Those requirements shall include | ||||||
26 | training in first aid
(including cardiopulmonary |
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1 | resuscitation).
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2 | e. Minimum basic training requirements, which a | ||||||
3 | probationary county
corrections officer must | ||||||
4 | satisfactorily complete before being eligible for
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5 | permanent employment as a county corrections officer for a | ||||||
6 | participating
local governmental agency.
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7 | f. Minimum basic training requirements which a | ||||||
8 | probationary court
security officer must satisfactorily | ||||||
9 | complete before being eligible for
permanent employment as | ||||||
10 | a court security officer for a participating local
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11 | governmental agency. The Board shall
establish those | ||||||
12 | training requirements which it considers appropriate for | ||||||
13 | court
security officers and shall certify schools to | ||||||
14 | conduct that training.
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15 | A person hired to serve as a court security officer | ||||||
16 | must obtain from the
Board a certificate (i) attesting to | ||||||
17 | his or her successful completion of the
training course; | ||||||
18 | (ii) attesting to his or her satisfactory
completion of a | ||||||
19 | training program of similar content and number of hours | ||||||
20 | that
has been found acceptable by the Board under the | ||||||
21 | provisions of this Act; or
(iii) attesting to the Board's | ||||||
22 | determination that the training
course is unnecessary | ||||||
23 | because of the person's extensive prior law enforcement
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24 | experience.
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25 | Individuals who currently serve as court security | ||||||
26 | officers shall be deemed
qualified to continue to serve in |
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1 | that capacity so long as they are certified
as provided by | ||||||
2 | this Act within 24 months of June 1, 1997 (the effective | ||||||
3 | date of Public Act 89-685). Failure to be so certified, | ||||||
4 | absent a waiver from the
Board, shall cause the officer to | ||||||
5 | forfeit his or her position.
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6 | All individuals hired as court security officers on or | ||||||
7 | after June 1, 1997 (the effective
date of Public Act | ||||||
8 | 89-685) shall be certified within 12 months of the
date of | ||||||
9 | their hire, unless a waiver has been obtained by the | ||||||
10 | Board, or they
shall forfeit their positions.
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11 | The Sheriff's Merit Commission, if one exists, or the | ||||||
12 | Sheriff's Office if
there is no Sheriff's Merit | ||||||
13 | Commission, shall maintain a list of all
individuals who | ||||||
14 | have filed applications to become court security officers | ||||||
15 | and
who meet the eligibility requirements established | ||||||
16 | under this Act. Either
the Sheriff's Merit Commission, or | ||||||
17 | the Sheriff's Office if no Sheriff's Merit
Commission | ||||||
18 | exists, shall establish a schedule of reasonable intervals | ||||||
19 | for
verification of the applicants' qualifications under
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20 | this Act and as established by the Board.
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21 | g. Minimum in-service training requirements, which a | ||||||
22 | police officer must satisfactorily complete every 3 years. | ||||||
23 | Those requirements shall include constitutional and proper | ||||||
24 | use of law enforcement authority, procedural justice, | ||||||
25 | civil rights, human rights, mental health awareness and | ||||||
26 | response, officer wellness, reporting child abuse and |
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1 | neglect, and cultural competency. | ||||||
2 | h. Minimum in-service training requirements, which a | ||||||
3 | police officer must satisfactorily complete at least | ||||||
4 | annually. Those requirements shall include law updates and | ||||||
5 | use of force training which shall include scenario based | ||||||
6 | training, or similar training approved by the Board. | ||||||
7 | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||||||
8 | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||||||
9 | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||||||
10 | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||||||
11 | 101-564, eff. 1-1-20; revised 9-10-19.)"; and
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12 | (50 ILCS 705/7.1 new) | ||||||
13 | Sec. 7.1. Firearms restraining order training. | ||||||
14 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
15 | shall develop and approve a standard curriculum for a training | ||||||
16 | program on the Firearms Restraining Order Act. The Board shall | ||||||
17 | conduct a training program that trains officers on the use of | ||||||
18 | firearms restraining orders, how to identify situations in | ||||||
19 | which a firearms restraining order is appropriate, and how to | ||||||
20 | safely promote the usage of the firearms restraining order in | ||||||
21 | a domestic violence situation.
Officers who have successfully | ||||||
22 | completed this program shall be issued a
certificate attesting | ||||||
23 | to their attendance. | ||||||
24 | (b) Every law enforcement officer shall complete this | ||||||
25 | training once each year. |
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1 | (c) If adequate training is unavailable, the Illinois Law | ||||||
2 | Enforcement Training Standards Board may approve training to | ||||||
3 | be conducted by a third party. | ||||||
4 | Section 20. The Firearms Restraining Order Act is amended | ||||||
5 | by changing Sections 5, 10, 35, 40, and 45 and by adding | ||||||
6 | Section 85 as follows: | ||||||
7 | (430 ILCS 67/5)
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8 | Sec. 5. Definitions.
As used in this Act: | ||||||
9 | "Family member of the respondent" means a spouse, former | ||||||
10 | spouse, person with whom the respondent has or allegedly has a | ||||||
11 | child in common, parent, child, or step-child of the | ||||||
12 | respondent, any other person related by blood or present | ||||||
13 | marriage to the respondent, or a person who shares a common | ||||||
14 | dwelling with the respondent. | ||||||
15 | "Firearms restraining order" means an order issued by the | ||||||
16 | court, prohibiting and enjoining a named person from having in | ||||||
17 | his or her custody or control, purchasing, possessing, or | ||||||
18 | receiving any firearms or ammunition, or removing firearm | ||||||
19 | parts that could be assembled to make an operable firearm .
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20 | "Intimate partner" means a spouse, former spouse, a person | ||||||
21 | with whom the respondent has or allegedly has a child in | ||||||
22 | common, or a person with whom the respondent has or has had a | ||||||
23 | dating or engagement relationship. | ||||||
24 | "Petitioner" means: |
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1 | (1) a family member of the respondent as defined in | ||||||
2 | this Act; or
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3 | (2) a law enforcement officer
who files a petition | ||||||
4 | alleging that the respondent poses a danger of causing | ||||||
5 | personal injury to himself, herself, or another by having | ||||||
6 | in his or her custody or control, purchasing, possessing, | ||||||
7 | or receiving a firearm , ammunition, or firearm parts that | ||||||
8 | could be assembled to make an operable firearm or removing | ||||||
9 | firearm parts that could be assembled to make an operable | ||||||
10 | firearm . | ||||||
11 | "Respondent" means the person alleged in the petition to | ||||||
12 | pose a danger of causing personal injury to himself, herself, | ||||||
13 | or another by having in his or her custody or control, | ||||||
14 | purchasing, possessing, or receiving a firearm , ammunition, or | ||||||
15 | firearm parts that could be assembled to make an operable | ||||||
16 | firearm or removing firearm parts that could be assembled to | ||||||
17 | make an operable firearm .
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18 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
19 | (430 ILCS 67/10)
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20 | Sec. 10. Commencement of action; procedure.
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21 | (a) An action for a firearms restraining order is | ||||||
22 | commenced by filing a verified petition for a firearms | ||||||
23 | restraining order in any circuit court.
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24 | (b) A petition for a firearms restraining order may be | ||||||
25 | filed in : (1) any county where the respondent resides or (2) |
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1 | any county where an incident occurred that involved the | ||||||
2 | respondent posing an immediate and present danger of causing | ||||||
3 | personal injury to the respondent or another by having in his | ||||||
4 | or her custody or control, or purchasing, possessing, or | ||||||
5 | receiving, a firearm, ammunition, or firearm parts
that could | ||||||
6 | be assembled to make an operable firearm .
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7 | (c) No fee shall be charged by the clerk for filing, | ||||||
8 | amending, vacating, certifying, printing, or photocopying | ||||||
9 | petitions or orders; or for issuing alias summons; or for any | ||||||
10 | related filing service. No fee shall be charged by the sheriff | ||||||
11 | or other law enforcement for service by the sheriff or other | ||||||
12 | law enforcement of a petition, rule, motion, or order in an | ||||||
13 | action commenced under this Section. | ||||||
14 | (d) The court shall provide, through the office of the | ||||||
15 | clerk of the court, simplified forms and clerical assistance | ||||||
16 | to help with the writing and filing of a petition under this | ||||||
17 | Section by any person not represented by counsel. In addition, | ||||||
18 | that assistance may be provided by the State's Attorney.
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19 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
20 | (430 ILCS 67/35)
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21 | Sec. 35. Ex parte orders and emergency hearings.
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22 | (a) A petitioner may request an emergency firearms | ||||||
23 | restraining order by filing an affidavit or verified pleading | ||||||
24 | alleging that the respondent poses an immediate and present | ||||||
25 | danger of causing personal injury to himself, herself, or |
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1 | another by having in his or her custody or control, | ||||||
2 | purchasing, possessing, or receiving a firearm , ammunition, or | ||||||
3 | firearm parts
that could be assembled to make an operable | ||||||
4 | firearm . The petition shall also describe the type and | ||||||
5 | location of any firearm or firearms , ammunition, or firearm | ||||||
6 | parts
that could be assembled to make an operable firearm | ||||||
7 | presently believed by the petitioner to be possessed or | ||||||
8 | controlled by the respondent.
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9 | (b) If the respondent is alleged to pose an immediate and | ||||||
10 | present danger of causing personal injury to an intimate | ||||||
11 | partner, or an intimate partner is alleged to have been the | ||||||
12 | target of a threat or act of violence by the respondent, the | ||||||
13 | petitioner shall make a good faith effort to provide notice to | ||||||
14 | any and all intimate partners of the respondent. The notice | ||||||
15 | must include that the petitioner intends to petition the court | ||||||
16 | for an emergency firearms restraining order, and, if the | ||||||
17 | petitioner is a law enforcement officer, referral to relevant | ||||||
18 | domestic violence or stalking advocacy or counseling | ||||||
19 | resources, if appropriate. The petitioner shall attest to | ||||||
20 | having provided the notice in the filed affidavit or verified | ||||||
21 | pleading. If, after making a good faith effort, the petitioner | ||||||
22 | is unable to provide notice to any or all intimate partners, | ||||||
23 | the affidavit or verified pleading should describe what | ||||||
24 | efforts were made. | ||||||
25 | (c) Every person who files a petition for an emergency | ||||||
26 | firearms restraining order, knowing the information provided |
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1 | to the court at any hearing or in the affidavit or verified | ||||||
2 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
3 | of the Criminal Code of 2012.
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4 | (d) An emergency firearms restraining order shall be | ||||||
5 | issued on an ex parte basis, that is, without notice to the | ||||||
6 | respondent.
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7 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
8 | held the same day that the petition is filed or the next day | ||||||
9 | that the court is in session.
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10 | (f) If a circuit or associate judge finds probable cause | ||||||
11 | to believe that the respondent poses an immediate and present | ||||||
12 | danger of causing personal injury to himself, herself, or | ||||||
13 | another by having in his or her custody or control, | ||||||
14 | purchasing, possessing, or receiving a firearm , ammunition, or | ||||||
15 | firearm parts
that could be assembled to make an operable | ||||||
16 | firearm , the circuit or associate judge shall issue an | ||||||
17 | emergency order.
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18 | (f-5) If the court issues an emergency firearms | ||||||
19 | restraining order, it shall, upon a finding of probable cause | ||||||
20 | that the respondent possesses firearms , ammunition, or firearm | ||||||
21 | parts
that could be assembled to make an operable firearm , | ||||||
22 | issue a search warrant directing a law enforcement agency to | ||||||
23 | seize the respondent's firearms , ammunition, and firearm parts | ||||||
24 | that could
be assembled to make an operable firearm . The court | ||||||
25 | may, as part of that warrant, direct the law enforcement | ||||||
26 | agency to search the respondent's residence and other places |
| |||||||
| |||||||
1 | where the court finds there is probable cause to believe he or | ||||||
2 | she is likely to possess the firearms , ammunition, or firearm | ||||||
3 | parts
that could be assembled to make an operable firearm. A | ||||||
4 | return of the search warrant shall be filed by the law | ||||||
5 | enforcement agency within 4 days thereafter, setting forth the | ||||||
6 | time, date, and location that the search warrant was executed | ||||||
7 | and what items, if any, were seized . | ||||||
8 | (g) An emergency firearms restraining order shall require:
| ||||||
9 | (1) the respondent to refrain from having in his or | ||||||
10 | her custody or control, purchasing, possessing, or | ||||||
11 | receiving additional firearms , ammunition, or firearm | ||||||
12 | parts that could be assembled to make an operable firearm, | ||||||
13 | or removing firearm parts that could be assembled to make | ||||||
14 | an operable firearm for the duration of the order;
and | ||||||
15 | (2) the respondent to turn over to the local law | ||||||
16 | enforcement agency any Firearm Owner's Identification Card | ||||||
17 | and concealed carry license in his or her possession. The | ||||||
18 | local law enforcement agency shall immediately mail the | ||||||
19 | card and concealed carry license to the Department of | ||||||
20 | State Police Firearm Services Bureau for safekeeping. The | ||||||
21 | firearm or firearms , ammunition, and firearm parts that | ||||||
22 | could
be assembled to make an operable firearm and Firearm | ||||||
23 | Owner's Identification Card and concealed carry license, | ||||||
24 | if unexpired, shall be returned to the respondent after | ||||||
25 | the firearms restraining order is terminated or expired. | ||||||
26 | (h) Except as otherwise provided in subsection (h-5) of |
| |||||||
| |||||||
1 | this Section, upon expiration of the period of safekeeping, if | ||||||
2 | the firearms , ammunition, and firearm parts that could
be | ||||||
3 | assembled to make an operable firearm or Firearm Owner's | ||||||
4 | Identification Card and concealed carry license cannot be | ||||||
5 | returned to the respondent because the respondent cannot be | ||||||
6 | located, fails to respond to requests to retrieve the | ||||||
7 | firearms, or is not lawfully eligible to possess a firearm , | ||||||
8 | ammunition, or firearm parts
that could be assembled to make | ||||||
9 | an operable firearm , upon petition from the local law | ||||||
10 | enforcement agency, the court may order the local law | ||||||
11 | enforcement agency to destroy the firearms , ammunition, and | ||||||
12 | firearm parts that could
be assembled to make an operable | ||||||
13 | firearm , use the firearms , ammunition, and firearm parts that | ||||||
14 | could
be assembled to make an operable firearm for training | ||||||
15 | purposes, or use the firearms , ammunition, and firearm parts | ||||||
16 | that could
be assembled to make an operable firearm for any | ||||||
17 | other application as deemed appropriate by the local law | ||||||
18 | enforcement agency.
| ||||||
19 | (h-5) A respondent whose Firearm Owner's Identification | ||||||
20 | Card has been revoked or suspended may petition the court, if | ||||||
21 | the petitioner is present in court or has notice of the | ||||||
22 | respondent's petition, to transfer the respondent's firearm , | ||||||
23 | ammunition, and firearm parts that could
be assembled to make | ||||||
24 | an operable firearm to a person who is lawfully able to possess | ||||||
25 | the firearm , ammunition, and firearm parts that could
be | ||||||
26 | assembled to make an operable firearm if the person does not |
| |||||||
| |||||||
1 | reside at the same address as the respondent. Notice of the | ||||||
2 | petition shall be served upon the person protected by the | ||||||
3 | emergency firearms restraining order. While the order is in | ||||||
4 | effect, the transferee who receives the respondent's firearms , | ||||||
5 | ammunition, and firearm parts that could be assembled to make | ||||||
6 | an operable firearm must swear or affirm by affidavit that he | ||||||
7 | or she shall not transfer the firearm , ammunition, and firearm | ||||||
8 | parts that could
be assembled to make an operable firearm to | ||||||
9 | the respondent or to anyone residing in the same residence as | ||||||
10 | the respondent. | ||||||
11 | (h-6) If a person other than the respondent claims title | ||||||
12 | to any firearms , ammunition, and firearm parts that could
be | ||||||
13 | assembled to make an operable firearm surrendered under this | ||||||
14 | Section, he or she may petition the court, if the petitioner is | ||||||
15 | present in court or has notice of the petition, to have the | ||||||
16 | firearm , ammunition, and firearm parts that could be assembled | ||||||
17 | to make an operable firearm returned to him or her. If the | ||||||
18 | court determines that person to be the lawful owner of the | ||||||
19 | firearm , ammunition, and firearm parts that could be assembled | ||||||
20 | to make an operable firearm , the firearm , ammunition, and | ||||||
21 | firearm parts that could
be assembled to make an operable | ||||||
22 | firearm shall be returned to him or her, provided that: | ||||||
23 | (1) the firearm ,
ammunition, and firearm parts that | ||||||
24 | could be assembled to make
an operable firearm are is | ||||||
25 | removed from the respondent's custody, control, or | ||||||
26 | possession and the lawful owner agrees to store the |
| |||||||
| |||||||
1 | firearm , ammunition, and firearm parts that could
be | ||||||
2 | assembled to make an operable firearm in a manner such | ||||||
3 | that the respondent does not have access to or control of | ||||||
4 | the firearm , ammunition, and firearm parts that could
be | ||||||
5 | assembled to make an operable firearm ; and | ||||||
6 | (2) the firearm ,
ammunition, and firearm parts that | ||||||
7 | could be assembled to make
an operable firearm are is not | ||||||
8 | otherwise unlawfully possessed by the owner. | ||||||
9 | The person petitioning for the return of his or her | ||||||
10 | firearm , ammunition, and firearm parts that could
be assembled | ||||||
11 | to make an operable firearm must swear or affirm by affidavit | ||||||
12 | that he or she: (i) is the lawful owner of the firearm , | ||||||
13 | ammunition, and firearm parts that could be assembled to make | ||||||
14 | an operable firearm ; (ii) shall not transfer the firearm , | ||||||
15 | ammunition, and firearm parts that could
be assembled to make | ||||||
16 | an operable firearm to the respondent; and (iii) will store | ||||||
17 | the firearm , ammunition, and firearm parts that could be | ||||||
18 | assembled to make an operable firearm in a manner that the | ||||||
19 | respondent does not have access to or control of the firearm , | ||||||
20 | ammunition, and firearm parts that could
be assembled to make | ||||||
21 | an operable firearm . | ||||||
22 | (i) In accordance with subsection (e) of this Section, the | ||||||
23 | court shall schedule a full hearing as soon as possible, but no | ||||||
24 | longer than 14 days from the issuance of an ex parte firearms | ||||||
25 | restraining order, to determine if a 6-month firearms | ||||||
26 | restraining order shall be issued. The court may extend an ex |
| |||||||
| |||||||
1 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
2 | service of the order or if necessary to continue protection. | ||||||
3 | The court may extend the order for a greater length of time by | ||||||
4 | mutual agreement of the parties.
| ||||||
5 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
6 | (430 ILCS 67/40)
| ||||||
7 | Sec. 40. Six-month orders.
| ||||||
8 | (a) A petitioner may request a 6-month firearms | ||||||
9 | restraining order by filing an affidavit or verified pleading | ||||||
10 | alleging that the respondent poses a significant danger of | ||||||
11 | causing personal injury to himself, herself, or another in the | ||||||
12 | near future by having in his or her custody or control, | ||||||
13 | purchasing, possessing, or receiving a firearm , ammunition, | ||||||
14 | and firearm parts that could
be assembled to make an operable | ||||||
15 | firearm . The petition shall also describe the number, types, | ||||||
16 | and locations of any firearms , ammunition, and firearm parts | ||||||
17 | that could
be assembled to make an operable firearm presently | ||||||
18 | believed by the petitioner to be possessed or controlled by | ||||||
19 | the respondent.
| ||||||
20 | (b) If the respondent is alleged to pose a significant | ||||||
21 | danger of causing personal injury to an intimate partner, or | ||||||
22 | an intimate partner is alleged to have been the target of a | ||||||
23 | threat or act of violence by the respondent, the petitioner | ||||||
24 | shall make a good faith effort to provide notice to any and all | ||||||
25 | intimate partners of the respondent. The notice must include |
| |||||||
| |||||||
1 | that the petitioner intends to petition the court for a | ||||||
2 | 6-month firearms restraining order, and, if the petitioner is | ||||||
3 | a law enforcement officer, referral to relevant domestic | ||||||
4 | violence or stalking advocacy or counseling resources, if | ||||||
5 | appropriate. The petitioner shall attest to having provided | ||||||
6 | the notice in the filed affidavit or verified pleading. If, | ||||||
7 | after making a good faith effort, the petitioner is unable to | ||||||
8 | provide notice to any or all intimate partners, the affidavit | ||||||
9 | or verified pleading should describe what efforts were made. | ||||||
10 | (c) Every person who files a petition for a 6-month | ||||||
11 | firearms restraining order, knowing the information provided | ||||||
12 | to the court at any hearing or in the affidavit or verified | ||||||
13 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
14 | of the Criminal Code of 2012.
| ||||||
15 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
16 | restraining order, the court shall order a hearing within 30 | ||||||
17 | days.
| ||||||
18 | (e) In determining whether to issue a firearms restraining | ||||||
19 | order under this Section, the court shall consider evidence | ||||||
20 | including, but not limited to, the following:
| ||||||
21 | (1) The unlawful and reckless use, display, or | ||||||
22 | brandishing of a firearm , ammunition, and firearm parts | ||||||
23 | that could
be assembled to make an operable firearm by the | ||||||
24 | respondent.
| ||||||
25 | (2) The history of use, attempted use, or threatened | ||||||
26 | use of physical force by the respondent against another |
| |||||||
| |||||||
1 | person.
| ||||||
2 | (3) Any prior arrest of the respondent for a felony | ||||||
3 | offense. | ||||||
4 | (4) Evidence of the abuse of controlled substances or | ||||||
5 | alcohol by the respondent. | ||||||
6 | (5) A recent threat of violence or act of violence by | ||||||
7 | the respondent directed toward himself, herself, or | ||||||
8 | another. | ||||||
9 | (6) A violation of an emergency order of protection | ||||||
10 | issued under Section 217 of the Illinois Domestic Violence | ||||||
11 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
12 | Procedure of 1963 or of an order of protection issued | ||||||
13 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
14 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
15 | of 1963.
| ||||||
16 | (7) A pattern of violent acts or violent threats, | ||||||
17 | including, but not limited to, threats of violence or acts | ||||||
18 | of violence by the respondent directed toward himself, | ||||||
19 | herself, or another. | ||||||
20 | (f) At the hearing, the petitioner shall have the burden | ||||||
21 | of proving, by clear and convincing evidence, that the | ||||||
22 | respondent poses a significant danger of personal injury to | ||||||
23 | himself, herself, or another by having in his or her custody or | ||||||
24 | control, purchasing, possessing, or receiving a firearm , | ||||||
25 | ammunition, and firearm parts that could be assembled to make | ||||||
26 | an operable firearm . |
| |||||||
| |||||||
1 | (g) If the court finds that there is clear and convincing | ||||||
2 | evidence to issue a firearms restraining order, the court | ||||||
3 | shall issue a firearms restraining order that shall be in | ||||||
4 | effect for 6 months subject to renewal under Section 45 of this | ||||||
5 | Act or termination under that Section. | ||||||
6 | (g-5) If the court issues a 6-month firearms restraining | ||||||
7 | order, it shall, upon a finding of probable cause that the | ||||||
8 | respondent possesses firearms , ammunition, and firearm parts | ||||||
9 | that could
be assembled to make an operable firearm , issue a | ||||||
10 | search warrant directing a law enforcement agency to seize the | ||||||
11 | respondent's firearms , ammunition, and firearm parts that | ||||||
12 | could
be assembled to make an operable firearm . The court may, | ||||||
13 | as part of that warrant, direct the law enforcement agency to | ||||||
14 | search the respondent's residence and other places where the | ||||||
15 | court finds there is probable cause to believe he or she is | ||||||
16 | likely to possess the firearms , ammunition, and firearm parts | ||||||
17 | that could
be assembled to make an operable firearm. A return | ||||||
18 | of the search warrant shall be filed by the law enforcement | ||||||
19 | agency within 4 days thereafter, setting forth the time, date, | ||||||
20 | and location that the search warrant was executed and what | ||||||
21 | items, if any, were seized . | ||||||
22 | (h) A 6-month firearms restraining order shall require: | ||||||
23 | (1) the respondent to refrain from having in his or | ||||||
24 | her custody or control, purchasing, possessing, or | ||||||
25 | receiving additional firearms , ammunition, and firearm | ||||||
26 | parts that could
be assembled to make an operable firearm |
| |||||||
| |||||||
1 | for the duration of the order; and | ||||||
2 | (2) the respondent to turn over to the local law | ||||||
3 | enforcement agency any firearm , ammunition, and firearm | ||||||
4 | parts that could
be assembled to make an operable firearm | ||||||
5 | or Firearm Owner's Identification Card and concealed carry | ||||||
6 | license in his or her possession. The local law | ||||||
7 | enforcement agency shall immediately mail the card and | ||||||
8 | concealed carry license to the Department of State Police | ||||||
9 | Firearm Services Bureau for safekeeping. The firearm or | ||||||
10 | firearms , ammunition, and firearm parts that could be | ||||||
11 | assembled to make an operable firearm and Firearm Owner's | ||||||
12 | Identification Card and concealed carry license, if | ||||||
13 | unexpired, shall be returned to the respondent after the | ||||||
14 | firearms restraining order is terminated or expired. | ||||||
15 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
16 | this Section, upon expiration of the period of safekeeping, if | ||||||
17 | the firearms , ammunition, and firearm parts that could
be | ||||||
18 | assembled to make an operable firearm or Firearm Owner's | ||||||
19 | Identification Card cannot be returned to the respondent | ||||||
20 | because the respondent cannot be located, fails to respond to | ||||||
21 | requests to retrieve the firearms , ammunition, and firearm | ||||||
22 | parts that could
be assembled to make an operable firearm , or | ||||||
23 | is not lawfully eligible to possess a firearm , ammunition, and | ||||||
24 | firearm parts that could
be assembled to make an operable | ||||||
25 | firearm , upon petition from the local law enforcement agency, | ||||||
26 | the court may order the local law enforcement agency to |
| |||||||
| |||||||
1 | destroy the firearms , ammunition, and firearm parts that could | ||||||
2 | be assembled to make an operable firearm , use the firearms , | ||||||
3 | ammunition, and firearm parts that could
be assembled to make | ||||||
4 | an operable firearm for training purposes, or use the | ||||||
5 | firearms , ammunition, and firearm parts that could
be | ||||||
6 | assembled to make an operable firearm for any other | ||||||
7 | application as deemed appropriate by the local law enforcement | ||||||
8 | agency. | ||||||
9 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
10 | Card has been revoked or suspended may petition the court, if | ||||||
11 | the petitioner is present in court or has notice of the | ||||||
12 | respondent's petition, to transfer the respondent's firearm , | ||||||
13 | ammunition, and firearm parts that could
be assembled to make | ||||||
14 | an operable firearm to a person who is lawfully able to possess | ||||||
15 | the firearm , ammunition, and firearm parts that could
be | ||||||
16 | assembled to make an operable firearm if the person does not | ||||||
17 | reside at the same address as the respondent. Notice of the | ||||||
18 | petition shall be served upon the person protected by the | ||||||
19 | emergency firearms restraining order. While the order is in | ||||||
20 | effect, the transferee who receives the respondent's firearms , | ||||||
21 | ammunition, and firearm parts that could be assembled to make | ||||||
22 | an operable firearm must swear or affirm by affidavit that he | ||||||
23 | or she shall not transfer the firearm , ammunition, and firearm | ||||||
24 | parts that could
be assembled to make an operable firearm to | ||||||
25 | the respondent or to anyone residing in the same residence as | ||||||
26 | the respondent. |
| |||||||
| |||||||
1 | (i-6) If a person other than the respondent claims title | ||||||
2 | to any firearms , ammunition, and firearm parts that could
be | ||||||
3 | assembled to make an operable firearm surrendered under this | ||||||
4 | Section, he or she may petition the court, if the petitioner is | ||||||
5 | present in court or has notice of the petition, to have the | ||||||
6 | firearm , ammunition, and firearm parts that could be assembled | ||||||
7 | to make an operable firearm returned to him or her. If the | ||||||
8 | court determines that person to be the lawful owner of the | ||||||
9 | firearm , ammunition, and firearm parts that could be assembled | ||||||
10 | to make an operable firearm , the firearm , ammunition, and | ||||||
11 | firearm parts that could
be assembled to make an operable | ||||||
12 | firearm shall be returned to him or her, provided that: | ||||||
13 | (1) the firearm ,
ammunition, and firearm parts that | ||||||
14 | could be assembled to make
an operable firearm are is | ||||||
15 | removed from the respondent's custody, control, or | ||||||
16 | possession and the lawful owner agrees to store the | ||||||
17 | firearm , ammunition, and firearm parts that could
be | ||||||
18 | assembled to make an operable firearm in a manner such | ||||||
19 | that the respondent does not have access to or control of | ||||||
20 | the firearm , ammunition, and firearm parts that could
be | ||||||
21 | assembled to make an operable firearm ; and | ||||||
22 | (2) the firearm ,
ammunition, and firearm parts that | ||||||
23 | could be assembled to make
an operable firearm are is not | ||||||
24 | otherwise unlawfully possessed by the owner. | ||||||
25 | The person petitioning for the return of his or her | ||||||
26 | firearm , ammunition, and firearm parts that could
be assembled |
| |||||||
| |||||||
1 | to make an operable firearm must swear or affirm by affidavit | ||||||
2 | that he or she: (i) is the lawful owner of the firearm , | ||||||
3 | ammunition, and firearm parts that could be assembled to make | ||||||
4 | an operable firearm ; (ii) shall not transfer the firearm , | ||||||
5 | ammunition, and firearm parts that could
be assembled to make | ||||||
6 | an operable firearm to the respondent; and (iii) will store | ||||||
7 | the firearm , ammunition, and firearm parts that could be | ||||||
8 | assembled to make an operable firearm in a manner that the | ||||||
9 | respondent does not have access to or control of the firearm , | ||||||
10 | ammunition, and firearm parts that could
be assembled to make | ||||||
11 | an operable firearm . | ||||||
12 | (j) If the court does not issue a firearms restraining | ||||||
13 | order at the hearing, the court shall dissolve any emergency | ||||||
14 | firearms restraining order then in effect. | ||||||
15 | (k) When the court issues a firearms restraining order | ||||||
16 | under this Section, the court shall inform the respondent that | ||||||
17 | he or she is entitled to one hearing during the period of the | ||||||
18 | order to request a termination of the order, under Section 45 | ||||||
19 | of this Act, and shall provide the respondent with a form to | ||||||
20 | request a hearing.
| ||||||
21 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
22 | (430 ILCS 67/45)
| ||||||
23 | Sec. 45. Termination and renewal.
| ||||||
24 | (a) A person subject to a firearms restraining order | ||||||
25 | issued under this Act may submit one written request at any |
| |||||||
| |||||||
1 | time during the effective period of the order for a hearing to | ||||||
2 | terminate the order. | ||||||
3 | (1) The respondent shall have the burden of proving by | ||||||
4 | a preponderance of the evidence that the respondent does | ||||||
5 | not pose a danger of causing personal injury to himself, | ||||||
6 | herself, or another in the near future by having in his or | ||||||
7 | her custody or control, purchasing, possessing, or | ||||||
8 | receiving a firearm , ammunition, and firearm parts that | ||||||
9 | could
be assembled to make an operable firearm . | ||||||
10 | (2) If the court finds after the hearing that the | ||||||
11 | respondent has met his or her burden, the court shall | ||||||
12 | terminate the order.
| ||||||
13 | (b) A petitioner may request a renewal of a firearms | ||||||
14 | restraining order at any time within the 3 months before the | ||||||
15 | expiration of a firearms restraining order. | ||||||
16 | (1) A court shall, after notice and a hearing, renew a | ||||||
17 | firearms restraining order issued under this part if the | ||||||
18 | petitioner proves, by clear and convincing evidence, that | ||||||
19 | the respondent continues to pose a danger of causing | ||||||
20 | personal injury to himself, herself, or another in the | ||||||
21 | near future by having in his or her custody or control, | ||||||
22 | purchasing, possessing, or receiving a firearm , | ||||||
23 | ammunition, and firearm parts that could be assembled to | ||||||
24 | make an operable firearm . | ||||||
25 | (2) In determining whether to renew a firearms | ||||||
26 | restraining order issued under this Act, the court shall |
| |||||||
| |||||||
1 | consider evidence of the facts identified in subsection | ||||||
2 | (e) of Section 40 of this Act and any other evidence of an | ||||||
3 | increased risk for violence. | ||||||
4 | (3) At the hearing, the petitioner shall have the | ||||||
5 | burden of proving by clear and convincing evidence that | ||||||
6 | the respondent continues to pose a danger of causing | ||||||
7 | personal injury to himself, herself, or another in the | ||||||
8 | near future by having in his or her custody or control, | ||||||
9 | purchasing, possessing, or receiving a firearm , | ||||||
10 | ammunition, and firearm parts that could be assembled to | ||||||
11 | make an operable firearm . | ||||||
12 | (4) The renewal of a firearms restraining order issued | ||||||
13 | under this Section shall be in effect for 6 months, | ||||||
14 | subject to termination by further order of the court at a | ||||||
15 | hearing held under this Section and further renewal by | ||||||
16 | further order of the court under this Section.
| ||||||
17 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
18 | (430 ILCS 67/85 new) | ||||||
19 | Sec. 85. Report to the General Assembly. The Illinois
| ||||||
20 | State Police shall submit a yearly report to the General
| ||||||
21 | Assembly or make available on its website the number of
| ||||||
22 | petitions entered into the Law Enforcement Agencies Data
| ||||||
23 | System. ".
|