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1 | AN ACT concerning safety.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 10. The Illinois Insurance Code is amended by | ||||||
5 | adding Section 392.2 as follows: | ||||||
6 | (215 ILCS 5/392.2 new) | ||||||
7 | Sec. 392.2. Task Force on Firearm Insurance. | ||||||
8 | (a) The Task Force on Firearm Insurance is created for the | ||||||
9 | purpose of reviewing public policy options relating to the | ||||||
10 | insurance of firearms in the State of Illinois. | ||||||
11 | (b) The Department shall provide administrative support | ||||||
12 | for the Task Force to review current and potential future | ||||||
13 | insurance policy offerings for the safe and legal possession | ||||||
14 | of firearms and offer policymaking recommendations related to | ||||||
15 | the use of that insurance. The Task Force shall work | ||||||
16 | cooperatively with the insurance industry, community | ||||||
17 | organizations, advocacy groups, and appropriate State agencies | ||||||
18 | to develop policy options related to insuring the ownership | ||||||
19 | and use of firearms. The Task Force shall be comprised of the | ||||||
20 | following members: | ||||||
21 | (1) One member of the General Assembly, appointed by | ||||||
22 | the Speaker of the House of Representatives. | ||||||
23 | (2) One member of the General Assembly, appointed by |
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1 | the President of the Senate. | ||||||
2 | (3) One member of the General Assembly, appointed by | ||||||
3 | the Minority Leader of the House of Representatives. | ||||||
4 | (4) One member of the General Assembly, appointed by | ||||||
5 | the Minority Leader of the Senate. | ||||||
6 | (5) 2 representatives of the Illinois commercial | ||||||
7 | insurance industry, appointed by the Governor. | ||||||
8 | (6) 2 experts in the incidences, causes, and impacts | ||||||
9 | of firearm-related injuries and deaths, appointed by the | ||||||
10 | Governor. | ||||||
11 | (7) The Director of the Illinois State Police, or the | ||||||
12 | Director of the Illinois State Police's designee. | ||||||
13 | (8) The Director of Insurance, or the Director of | ||||||
14 | Insurance's designee. | ||||||
15 | (9) The Director of Public Health, or the Director of | ||||||
16 | Public Health's designee. | ||||||
17 | (10) 2 representatives of firearm advocacy groups, | ||||||
18 | appointed by the Governor. | ||||||
19 | (11) The Director of Natural Resources, or the | ||||||
20 | Director of Natural Resources' designee. | ||||||
21 | (c) The Task Force shall elect a chairperson from its | ||||||
22 | membership and shall have the authority to determine its | ||||||
23 | meeting schedules, hearing schedules, and agendas. | ||||||
24 | (d) Appointments shall be made within 90 days after the | ||||||
25 | effective date of this amendatory Act of the 103rd General | ||||||
26 | Assembly. |
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1 | (e) Members shall serve without compensation and shall be | ||||||
2 | adults and residents of Illinois. | ||||||
3 | (f) The Task Force shall: | ||||||
4 | (1) review existing available insurance that covers | ||||||
5 | risks arising from the ownership and use of firearms; | ||||||
6 | (2) review potential future insurance policy offerings | ||||||
7 | that would cover risks arising from the ownership and use | ||||||
8 | of firearms; | ||||||
9 | (3) gather and analyze information on the cost and | ||||||
10 | other impacts associated with each policy option put | ||||||
11 | forward; and | ||||||
12 | (4) provide recommendations on the feasibility and | ||||||
13 | cost-effectiveness of requiring firearm owners in this | ||||||
14 | State to possess insurance, including any risks generally | ||||||
15 | to be covered. | ||||||
16 | (g) A report of the findings, recommendations, and other | ||||||
17 | information determined by the Task Force to be relevant shall | ||||||
18 | be made available on the Department's website. | ||||||
19 | (h) The Task Force shall submit the report of findings and | ||||||
20 | recommendations to the Governor and the General Assembly by | ||||||
21 | December 31, 2023. | ||||||
22 | (i) The Task Force on Firearm Insurance is dissolved and | ||||||
23 | this Section is repealed on January 1, 2025. | ||||||
24 | Section 15. The Firearm Owners Identification Card Act is | ||||||
25 | amended by changing Sections 1, 1.1, 2, and 3 as follows:
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1 | (430 ILCS 65/1) (from Ch. 38, par. 83-1)
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2 | Sec. 1. It is hereby declared as a matter of legislative | ||||||
3 | determination that
in order to promote and protect the health, | ||||||
4 | safety , and welfare of the
public, it is necessary and in the | ||||||
5 | public interest to provide a system of
identifying persons who | ||||||
6 | are not qualified to acquire or possess firearms, firearm | ||||||
7 | ammunition, prepackaged explosive components, stun guns, and | ||||||
8 | tasers within the State of Illinois by the establishment of
a | ||||||
9 | system of Firearm Owner's Identification Cards, thereby | ||||||
10 | establishing a
practical and workable system by which law | ||||||
11 | enforcement authorities will be
afforded an opportunity to | ||||||
12 | identify those persons who are prohibited by
Section 24-3.1 of | ||||||
13 | the Criminal Code of 2012, from
acquiring or possessing | ||||||
14 | firearms and firearm ammunition and who are prohibited by this | ||||||
15 | Act from acquiring stun guns and tasers.
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16 | (Source: P.A. 97-1150, eff. 1-25-13.)
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17 | (430 ILCS 65/1.1)
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18 | Sec. 1.1. For purposes of this Act:
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19 | "Addicted to narcotics" means a person who has been: | ||||||
20 | (1) convicted of an offense involving the use or | ||||||
21 | possession of cannabis, a controlled substance, or | ||||||
22 | methamphetamine within the past year; or | ||||||
23 | (2) determined by the Illinois State Police to be | ||||||
24 | addicted to narcotics based upon federal law or federal |
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1 | guidelines. | ||||||
2 | "Addicted to narcotics" does not include possession or use | ||||||
3 | of a prescribed controlled substance under the direction and | ||||||
4 | authority of a physician or other person authorized to | ||||||
5 | prescribe the controlled substance when the controlled | ||||||
6 | substance is used in the prescribed manner. | ||||||
7 | "Adjudicated as a person with a mental disability" means | ||||||
8 | the person is the subject of a determination by a court, board, | ||||||
9 | commission or other lawful authority that the person, as a | ||||||
10 | result of marked subnormal intelligence, or mental illness, | ||||||
11 | mental impairment, incompetency, condition, or disease: | ||||||
12 | (1) presents a clear and present danger to himself, | ||||||
13 | herself, or to others; | ||||||
14 | (2) lacks the mental capacity to manage his or her own | ||||||
15 | affairs or is adjudicated a person with a disability as | ||||||
16 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
17 | (3) is not guilty in a criminal case by reason of | ||||||
18 | insanity, mental disease or defect; | ||||||
19 | (3.5) is guilty but mentally ill, as provided in | ||||||
20 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
21 | (4) is incompetent to stand trial in a criminal case; | ||||||
22 | (5) is not guilty by reason of lack of mental | ||||||
23 | responsibility under Articles 50a and 72b of the Uniform | ||||||
24 | Code of Military Justice, 10 U.S.C. 850a, 876b;
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25 | (6) is a sexually violent person under subsection (f) | ||||||
26 | of Section 5 of the Sexually Violent Persons Commitment |
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1 | Act; | ||||||
2 | (7) is a sexually dangerous person under the Sexually | ||||||
3 | Dangerous Persons Act; | ||||||
4 | (8) is unfit to stand trial under the Juvenile Court | ||||||
5 | Act of 1987; | ||||||
6 | (9) is not guilty by reason of insanity under the | ||||||
7 | Juvenile Court Act of 1987; | ||||||
8 | (10) is subject to involuntary admission as an | ||||||
9 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
10 | and Developmental Disabilities Code; | ||||||
11 | (11) is subject to involuntary admission as an | ||||||
12 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
13 | Health and Developmental Disabilities Code; | ||||||
14 | (12) is subject to judicial admission as set forth in | ||||||
15 | Section 4-500 of the Mental Health and Developmental | ||||||
16 | Disabilities Code; or | ||||||
17 | (13) is subject to the provisions of the Interstate | ||||||
18 | Agreements on Sexually Dangerous Persons Act. | ||||||
19 | "Clear and present danger" means a person who: | ||||||
20 | (1) communicates a serious threat of physical violence | ||||||
21 | against a reasonably identifiable victim or poses a clear | ||||||
22 | and imminent risk of serious physical injury to himself, | ||||||
23 | herself, or another person as determined by a physician, | ||||||
24 | clinical psychologist, or qualified examiner; or | ||||||
25 | (2) demonstrates threatening physical or verbal | ||||||
26 | behavior, such as violent, suicidal, or assaultive |
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1 | threats, actions, or other behavior, as determined by a | ||||||
2 | physician, clinical psychologist, qualified examiner, | ||||||
3 | school administrator, or law enforcement official. | ||||||
4 | "Clinical psychologist" has the meaning provided in | ||||||
5 | Section 1-103 of the Mental Health and Developmental | ||||||
6 | Disabilities Code. | ||||||
7 | "Controlled substance" means a controlled substance or | ||||||
8 | controlled substance analog as defined in the Illinois | ||||||
9 | Controlled Substances Act. | ||||||
10 | "Counterfeit" means to copy or imitate, without legal | ||||||
11 | authority, with
intent
to deceive. | ||||||
12 | "Developmental disability" means a severe, chronic | ||||||
13 | disability of an individual that: | ||||||
14 | (1) is attributable to a mental or physical impairment | ||||||
15 | or combination of mental and physical impairments; | ||||||
16 | (2) is manifested before the individual attains age | ||||||
17 | 22; | ||||||
18 | (3) is likely to continue indefinitely; | ||||||
19 | (4) results in substantial functional limitations in 3 | ||||||
20 | or more of the following areas of major life activity: | ||||||
21 | (A) Self-care. | ||||||
22 | (B) Receptive and expressive language. | ||||||
23 | (C) Learning. | ||||||
24 | (D) Mobility. | ||||||
25 | (E) Self-direction. | ||||||
26 | (F) Capacity for independent living. |
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1 | (G) Economic self-sufficiency; and | ||||||
2 | (5) reflects the individual's need for a combination | ||||||
3 | and sequence of special, interdisciplinary, or generic | ||||||
4 | services, individualized supports, or other forms of | ||||||
5 | assistance that are of lifelong or extended duration and | ||||||
6 | are individually planned and coordinated. | ||||||
7 | "Federally licensed firearm dealer" means a person who is | ||||||
8 | licensed as a federal firearms dealer under Section 923 of the | ||||||
9 | federal Gun Control Act of 1968 (18 U.S.C. 923).
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10 | "Firearm" means any device, by
whatever name known, which | ||||||
11 | is designed to expel a projectile or projectiles
by the action | ||||||
12 | of an explosion, expansion of gas or escape of gas; excluding,
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13 | however:
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14 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
15 | B-B gun which
expels a single globular projectile not | ||||||
16 | exceeding .18 inch in
diameter or which has a maximum | ||||||
17 | muzzle velocity of less than 700 feet
per second;
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18 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
19 | or B-B gun which expels breakable paint balls containing | ||||||
20 | washable marking colors; | ||||||
21 | (2) any device used exclusively for signaling or | ||||||
22 | safety and required or
recommended by the United States | ||||||
23 | Coast Guard or the Interstate Commerce
Commission;
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24 | (3) any device used exclusively for the firing of stud | ||||||
25 | cartridges,
explosive rivets or similar industrial | ||||||
26 | ammunition; and
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1 | (4) an antique firearm (other than a machine-gun) | ||||||
2 | which, although
designed as a weapon, the Illinois State | ||||||
3 | Police finds by reason of
the date of its manufacture, | ||||||
4 | value, design, and other characteristics is
primarily a | ||||||
5 | collector's item and is not likely to be used as a weapon.
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6 | "Firearm ammunition" means any self-contained cartridge or | ||||||
7 | shotgun
shell, by whatever name known, which is designed to be | ||||||
8 | used or adaptable to
use in a firearm; excluding, however:
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9 | (1) any ammunition exclusively designed for use with a | ||||||
10 | device used
exclusively for signaling or safety and | ||||||
11 | required or recommended by the
United States Coast Guard | ||||||
12 | or the Interstate Commerce Commission; and
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13 | (2) any ammunition designed exclusively for use with a | ||||||
14 | stud or rivet
driver or other similar industrial | ||||||
15 | ammunition. | ||||||
16 | "Gun show" means an event or function: | ||||||
17 | (1) at which the sale and transfer of firearms is the | ||||||
18 | regular and normal course of business and where 50 or more | ||||||
19 | firearms are displayed, offered, or exhibited for sale, | ||||||
20 | transfer, or exchange; or | ||||||
21 | (2) at which not less than 10 gun show vendors | ||||||
22 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
23 | exchange firearms.
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24 | "Gun show" includes the entire premises provided for an | ||||||
25 | event or function, including parking areas for the event or | ||||||
26 | function, that is sponsored to facilitate the purchase, sale, |
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1 | transfer, or exchange of firearms as described in this | ||||||
2 | Section.
Nothing in this definition shall be construed to | ||||||
3 | exclude a gun show held in conjunction with competitive | ||||||
4 | shooting events at the World Shooting Complex sanctioned by a | ||||||
5 | national governing body in which the sale or transfer of | ||||||
6 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
7 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
8 | Unless otherwise expressly stated, "gun show" does not | ||||||
9 | include training or safety classes, competitive shooting | ||||||
10 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
11 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
12 | or
any other event where the sale or transfer of firearms is | ||||||
13 | not the primary course of business. | ||||||
14 | "Gun show promoter" means a person who organizes or | ||||||
15 | operates a gun show. | ||||||
16 | "Gun show vendor" means a person who exhibits, sells, | ||||||
17 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
18 | show, regardless of whether the person arranges with a gun | ||||||
19 | show promoter for a fixed location from which to exhibit, | ||||||
20 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
21 | "Intellectual disability" means significantly subaverage | ||||||
22 | general intellectual functioning, existing concurrently with | ||||||
23 | deficits in adaptive behavior and manifested during the | ||||||
24 | developmental period, which is defined as before the age of | ||||||
25 | 22, that adversely affects a child's educational performance. | ||||||
26 | "Involuntarily admitted" has the meaning as prescribed in |
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1 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
2 | Developmental Disabilities Code. | ||||||
3 | "Mental health facility" means any licensed private | ||||||
4 | hospital or hospital affiliate, institution, or facility, or | ||||||
5 | part thereof, and any facility, or part thereof, operated by | ||||||
6 | the State or a political subdivision thereof which provides | ||||||
7 | treatment of persons with mental illness and includes all | ||||||
8 | hospitals, institutions, clinics, evaluation facilities, | ||||||
9 | mental health centers, colleges, universities, long-term care | ||||||
10 | facilities, and nursing homes, or parts thereof, which provide | ||||||
11 | treatment of persons with mental illness whether or not the | ||||||
12 | primary purpose is to provide treatment of persons with mental | ||||||
13 | illness. | ||||||
14 | "National governing body" means a group of persons who | ||||||
15 | adopt rules and formulate policy on behalf of a national | ||||||
16 | firearm sporting organization. | ||||||
17 | "Noncitizen" means a person who is not a citizen of the | ||||||
18 | United States, but is a person who is a foreign-born person who | ||||||
19 | lives in the United States, has not been naturalized, and is | ||||||
20 | still a citizen of a foreign country. | ||||||
21 | "Patient" means: | ||||||
22 | (1) a person who is admitted as an inpatient or | ||||||
23 | resident of a public or private mental health facility for | ||||||
24 | mental health treatment under Chapter III of the Mental | ||||||
25 | Health and Developmental Disabilities Code as an informal | ||||||
26 | admission, a voluntary admission, a minor admission, an |
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1 | emergency admission, or an involuntary admission, unless | ||||||
2 | the treatment was solely for an alcohol abuse disorder; or | ||||||
3 | (2) a person who voluntarily or involuntarily receives | ||||||
4 | mental health treatment as an out-patient or is otherwise | ||||||
5 | provided services by a public or private mental health | ||||||
6 | facility and who poses a clear and present danger to | ||||||
7 | himself, herself, or others. | ||||||
8 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
9 | the Mental Health and Developmental Disabilities Code. | ||||||
10 | "Prepackaged explosive components" has the same meaning | ||||||
11 | ascribed to the term in Section 24-4.3 of the Criminal Code of | ||||||
12 | 2012. | ||||||
13 | "Protective order" means any orders of protection issued | ||||||
14 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
15 | contact orders issued under the Stalking No Contact Order Act, | ||||||
16 | civil no contact orders issued under the Civil No Contact | ||||||
17 | Order Act, and firearms restraining orders issued under the | ||||||
18 | Firearms Restraining Order Act or a substantially similar | ||||||
19 | order issued by the court of another state, tribe, or United | ||||||
20 | States territory or military tribunal. | ||||||
21 | "Qualified examiner" has the meaning provided in Section | ||||||
22 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
23 | Code. | ||||||
24 | "Sanctioned competitive shooting event" means a shooting | ||||||
25 | contest officially recognized by a national or state shooting | ||||||
26 | sport association, and includes any sight-in or practice |
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1 | conducted in conjunction with the event.
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2 | "School administrator" means the person required to report | ||||||
3 | under the School Administrator Reporting of Mental Health | ||||||
4 | Clear and Present Danger Determinations Law. | ||||||
5 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
6 | Section 24-1 of the Criminal Code of 2012. | ||||||
7 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
8 | 102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. | ||||||
9 | 1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
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10 | (430 ILCS 65/2) (from Ch. 38, par. 83-2)
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11 | Sec. 2. Firearm Owner's Identification Card required; | ||||||
12 | exceptions.
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13 | (a) (1) No person may acquire or possess any firearm, | ||||||
14 | prepackaged explosive components, stun gun, or taser within | ||||||
15 | this State
without having in his or her possession a Firearm | ||||||
16 | Owner's Identification Card
previously issued in his or her | ||||||
17 | name by the Illinois State Police under
the provisions of this | ||||||
18 | Act.
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19 | (2) No person may acquire or possess firearm ammunition | ||||||
20 | within this
State without having in his or her possession a | ||||||
21 | Firearm Owner's Identification
Card previously issued in his | ||||||
22 | or her name by the Illinois State Police
under the provisions | ||||||
23 | of this Act.
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24 | (b) The provisions of this Section regarding the | ||||||
25 | possession of firearms, firearm ammunition, stun guns, and |
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1 | tasers do not apply to:
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2 | (1) United States Marshals, while engaged in the | ||||||
3 | operation of their
official duties;
| ||||||
4 | (2) Members of the Armed Forces of the United States | ||||||
5 | or the National
Guard, while engaged in the operation of | ||||||
6 | their official duties;
| ||||||
7 | (3) Federal officials required to carry firearms, | ||||||
8 | while engaged in the
operation of their official duties;
| ||||||
9 | (4) Members of bona fide veterans organizations which | ||||||
10 | receive firearms
directly from the armed forces of the | ||||||
11 | United States, while using the
firearms for ceremonial | ||||||
12 | purposes with blank ammunition;
| ||||||
13 | (5) Nonresident hunters during hunting season, with | ||||||
14 | valid nonresident
hunting licenses and while in an area | ||||||
15 | where hunting is permitted; however,
at all other times | ||||||
16 | and in all other places these persons must have their
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17 | firearms unloaded and enclosed in a case;
| ||||||
18 | (6) Those hunters exempt from obtaining a hunting | ||||||
19 | license who are
required to submit their Firearm Owner's | ||||||
20 | Identification Card when hunting
on Department of Natural | ||||||
21 | Resources owned or managed sites;
| ||||||
22 | (7) Nonresidents while on a firing or shooting range | ||||||
23 | recognized by the
Illinois State Police; however, these | ||||||
24 | persons must at all other times
and in all other places | ||||||
25 | have their firearms unloaded and enclosed in a case;
| ||||||
26 | (8) Nonresidents while at a firearm showing or display |
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1 | recognized by
the Illinois State Police; however, at all | ||||||
2 | other times and in all
other places these persons must | ||||||
3 | have their firearms unloaded and enclosed
in a case;
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4 | (9) Nonresidents whose firearms are unloaded and | ||||||
5 | enclosed in a case;
| ||||||
6 | (10) Nonresidents who are currently licensed or | ||||||
7 | registered to possess a
firearm in their resident state;
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8 | (11) Unemancipated minors while in the custody and | ||||||
9 | immediate control of
their parent or legal guardian or | ||||||
10 | other person in loco parentis to the
minor if the parent or | ||||||
11 | legal guardian or other person in loco parentis to
the | ||||||
12 | minor has a currently valid Firearm Owner's Identification
| ||||||
13 | Card;
| ||||||
14 | (12) Color guards of bona fide veterans organizations | ||||||
15 | or members of bona
fide American Legion bands while using | ||||||
16 | firearms for ceremonial purposes
with blank ammunition;
| ||||||
17 | (13) Nonresident hunters whose state of residence does | ||||||
18 | not require
them to be licensed or registered to possess a | ||||||
19 | firearm and only during
hunting season, with valid hunting | ||||||
20 | licenses, while accompanied by, and
using a firearm owned | ||||||
21 | by, a person who possesses a valid Firearm Owner's
| ||||||
22 | Identification Card and while in an area within a | ||||||
23 | commercial club licensed
under the Wildlife Code where | ||||||
24 | hunting is permitted and controlled, but in
no instance | ||||||
25 | upon sites owned or managed by the Department of Natural
| ||||||
26 | Resources;
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1 | (14) Resident hunters who are properly authorized to | ||||||
2 | hunt and,
while accompanied by a person who possesses a | ||||||
3 | valid Firearm Owner's
Identification Card, hunt in an area | ||||||
4 | within a commercial club licensed
under the Wildlife Code | ||||||
5 | where hunting is permitted and controlled; and
| ||||||
6 | (15) A person who is otherwise eligible to obtain a | ||||||
7 | Firearm Owner's
Identification Card under this Act and is | ||||||
8 | under the direct supervision of a
holder of a Firearm
| ||||||
9 | Owner's Identification Card who is 21 years of age or | ||||||
10 | older while the person is
on a firing or shooting range
or | ||||||
11 | is a
participant in a firearms safety and training course | ||||||
12 | recognized by a law
enforcement agency or a national, | ||||||
13 | statewide shooting sports organization. | ||||||
14 | (c) The provisions of this Section regarding the | ||||||
15 | acquisition and possession
of firearms, firearm ammunition, | ||||||
16 | prepackaged explosive components, stun guns, and tasers do not | ||||||
17 | apply to law enforcement officials
of this or any other | ||||||
18 | jurisdiction, while engaged in the performance operation of | ||||||
19 | their
official duties.
| ||||||
20 | (c-5) The provisions of paragraphs (1) and (2) of | ||||||
21 | subsection (a) of this Section regarding the possession of | ||||||
22 | firearms
and firearm ammunition do not apply to the holder of a | ||||||
23 | valid concealed carry
license issued under the Firearm | ||||||
24 | Concealed Carry Act who is in physical
possession of the | ||||||
25 | concealed carry license. | ||||||
26 | (c-10) The provisions of paragraph (1) of subsection (a) |
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| |||||||
1 | of this Section regarding the acquisition and possession of | ||||||
2 | prepackaged explosive components do not apply to: | ||||||
3 | (1) Members of the Armed Services or Reserves Forces | ||||||
4 | of the United States or the Illinois National Guard while | ||||||
5 | in the performance of their official duty. | ||||||
6 | (2) Persons licensed under State and federal law to | ||||||
7 | manufacture, import, or sell prepackaged explosive | ||||||
8 | components, and actually engaged in that business, but | ||||||
9 | only with respect to activities which are within the | ||||||
10 | lawful scope of the business, including the manufacture, | ||||||
11 | transportation, or testing of prepackaged explosive | ||||||
12 | components. | ||||||
13 | (3) Contractors or subcontractors engaged in the | ||||||
14 | manufacture, transport, testing, delivery, transfer or | ||||||
15 | sale, and lawful experimental activities under a contract | ||||||
16 | or subcontract for the development and supply of the | ||||||
17 | product to the United States government or any branch of | ||||||
18 | the Armed Forces of the United States, when those | ||||||
19 | activities are necessary and incident to fulfilling the | ||||||
20 | terms of the contract. The exemption granted under this | ||||||
21 | paragraph (3) shall also apply to any authorized agent of | ||||||
22 | any contractor or subcontractor described in this | ||||||
23 | paragraph (3) who is operating within the scope of his or | ||||||
24 | her employment, when the activities involving the | ||||||
25 | prepackaged explosive components are necessary and | ||||||
26 | incident to fulfilling the terms of the contract. |
| |||||||
| |||||||
1 | (4) Sales clerks or retail merchants selling or | ||||||
2 | transferring prepackaged explosive components. | ||||||
3 | (d) Any person who becomes a resident of this State, who is | ||||||
4 | not otherwise prohibited from obtaining, possessing, or using | ||||||
5 | a firearm or firearm ammunition, shall not be required to have | ||||||
6 | a Firearm Owner's Identification Card to possess firearms or | ||||||
7 | firearms ammunition until 60 calendar days after he or she | ||||||
8 | obtains an Illinois driver's license or Illinois | ||||||
9 | Identification Card. | ||||||
10 | (Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
| ||||||
11 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
12 | (Text of Section before amendment by P.A. 102-237 ) | ||||||
13 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
14 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
15 | firearm ammunition, prepackaged explosive components, stun | ||||||
16 | gun, or taser to any person within this State unless the
| ||||||
17 | transferee with whom he deals displays either: (1) a currently | ||||||
18 | valid Firearm Owner's
Identification Card which has previously | ||||||
19 | been issued in his or her name by the
Illinois State Police | ||||||
20 | under the provisions of this Act; or (2) a currently valid | ||||||
21 | license to carry a concealed firearm which has previously been | ||||||
22 | issued in his or her name by the
Illinois State Police under | ||||||
23 | the Firearm Concealed Carry Act. In addition,
all firearm, | ||||||
24 | stun gun, and taser transfers by federally licensed firearm | ||||||
25 | dealers are subject
to Section 3.1. |
| |||||||
| |||||||
1 | (a-5) Any person who is not a federally licensed firearm | ||||||
2 | dealer and who desires to transfer or sell a firearm while that | ||||||
3 | person is on the grounds of a gun show must, before selling or | ||||||
4 | transferring the firearm, request the Illinois State Police to | ||||||
5 | conduct a background check on the prospective recipient of the | ||||||
6 | firearm in accordance with Section 3.1.
| ||||||
7 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
8 | Section, any person who is not a federally licensed firearm | ||||||
9 | dealer and who desires to transfer or sell a firearm or | ||||||
10 | firearms to any person who is not a federally licensed firearm | ||||||
11 | dealer shall, before selling or transferring the firearms, | ||||||
12 | contact a federal firearm license dealer under paragraph (1) | ||||||
13 | of subsection (a-15) of this Section to conduct the transfer | ||||||
14 | or the Illinois State Police with the transferee's or | ||||||
15 | purchaser's Firearm Owner's Identification Card number to | ||||||
16 | determine the validity of the transferee's or purchaser's | ||||||
17 | Firearm Owner's Identification Card under State and federal | ||||||
18 | law including the National Instant Criminal Background Check | ||||||
19 | System. This subsection shall not be effective until July 1, | ||||||
20 | 2023. Until that date the transferor shall contact the | ||||||
21 | Illinois State Police with the transferee's or purchaser's | ||||||
22 | Firearm Owner's Identification Card number to determine the | ||||||
23 | validity of the card. The Illinois State Police may adopt | ||||||
24 | rules concerning the implementation of this subsection. The | ||||||
25 | Illinois State Police shall provide the seller or transferor | ||||||
26 | an approval number if the purchaser's Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card is valid. Approvals issued by the Illinois | ||||||
2 | State Police for the purchase of a firearm pursuant to this | ||||||
3 | subsection are valid for 30 days from the date of issue. | ||||||
4 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
5 | do not apply to: | ||||||
6 | (1) transfers that occur at the place of business of a | ||||||
7 | federally licensed firearm dealer, if the federally | ||||||
8 | licensed firearm dealer conducts a background check on the | ||||||
9 | prospective recipient of the firearm in accordance with | ||||||
10 | Section 3.1 of this Act and follows all other applicable | ||||||
11 | federal, State, and local laws as if he or she were the | ||||||
12 | seller or transferor of the firearm, although the dealer | ||||||
13 | is not required to accept the firearm into his or her | ||||||
14 | inventory. The purchaser or transferee may be required by | ||||||
15 | the federally licensed firearm dealer to pay a fee not to | ||||||
16 | exceed $25 per firearm, which the dealer may retain as | ||||||
17 | compensation for performing the functions required under | ||||||
18 | this paragraph, plus the applicable fees authorized by | ||||||
19 | Section 3.1; | ||||||
20 | (2) transfers as a bona fide gift to the transferor's | ||||||
21 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
22 | father, mother, stepfather, stepmother, brother, sister, | ||||||
23 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
24 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
25 | son-in-law, or daughter-in-law; | ||||||
26 | (3) transfers by persons acting pursuant to operation |
| |||||||
| |||||||
1 | of law or a court order; | ||||||
2 | (4) transfers on the grounds of a gun show under | ||||||
3 | subsection (a-5) of this Section; | ||||||
4 | (5) the delivery of a firearm by its owner to a | ||||||
5 | gunsmith for service or repair, the return of the firearm | ||||||
6 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
7 | by a gunsmith to a federally licensed firearms dealer for | ||||||
8 | service or repair and the return of the firearm to the | ||||||
9 | gunsmith; | ||||||
10 | (6) temporary transfers that occur while in the home | ||||||
11 | of the unlicensed transferee, if the unlicensed transferee | ||||||
12 | is not otherwise prohibited from possessing firearms and | ||||||
13 | the unlicensed transferee reasonably believes that | ||||||
14 | possession of the firearm is necessary to prevent imminent | ||||||
15 | death or great bodily harm to the unlicensed transferee; | ||||||
16 | (7) transfers to a law enforcement or corrections | ||||||
17 | agency or a law enforcement or corrections officer acting | ||||||
18 | within the course and scope of his or her official duties; | ||||||
19 | (8) transfers of firearms that have been rendered | ||||||
20 | permanently inoperable to a nonprofit historical society, | ||||||
21 | museum, or institutional collection; and | ||||||
22 | (9) transfers to a person who is exempt from the | ||||||
23 | requirement of possessing a Firearm Owner's Identification | ||||||
24 | Card under Section 2 of this Act. | ||||||
25 | (a-20) The Illinois State Police shall develop an | ||||||
26 | Internet-based system for individuals to determine the |
| |||||||
| |||||||
1 | validity of a Firearm Owner's Identification Card prior to the | ||||||
2 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
3 | have the Internet-based system updated and available for use | ||||||
4 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
5 | rules not inconsistent with this Section to implement this | ||||||
6 | system, but no rule shall allow the Illinois State Police to | ||||||
7 | retain records in contravention of State and federal law. | ||||||
8 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
9 | Police shall develop an Internet-based system upon which the | ||||||
10 | serial numbers of firearms that have been reported stolen are | ||||||
11 | available for public access for individuals to ensure any | ||||||
12 | firearms are not reported stolen prior to the sale or transfer | ||||||
13 | of a firearm under this Section. The Illinois State Police | ||||||
14 | shall have the Internet-based system completed and available | ||||||
15 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
16 | rules not inconsistent with this Section to implement this | ||||||
17 | system. | ||||||
18 | (b) Any person within this State who transfers or causes | ||||||
19 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
20 | record of the such transfer for a period
of 10 years from the | ||||||
21 | date of transfer. Any person within this State who receives | ||||||
22 | any firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
23 | shall provide a record of the transfer within 10 days of the | ||||||
24 | transfer to a federally licensed firearm dealer and shall not | ||||||
25 | be required to maintain a transfer record. The federally | ||||||
26 | licensed firearm dealer shall maintain the transfer record for |
| |||||||
| |||||||
1 | 20 years from the date of receipt. A federally licensed | ||||||
2 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
3 | record. The record shall be provided and maintained in either | ||||||
4 | an electronic or paper format. The federally licensed firearm | ||||||
5 | dealer shall not be liable for the accuracy of any information | ||||||
6 | in the transfer record submitted pursuant to this Section. | ||||||
7 | Such records shall contain the date
of the transfer; the | ||||||
8 | description, serial number or other information
identifying | ||||||
9 | the firearm, stun gun, or taser if no serial number is | ||||||
10 | available; and, if the
transfer was completed within this | ||||||
11 | State, the transferee's Firearm Owner's
Identification Card | ||||||
12 | number and any approval number or documentation provided by | ||||||
13 | the Illinois State Police under pursuant to subsection (a-10) | ||||||
14 | of this Section; if the transfer was not completed within this | ||||||
15 | State, the record shall contain the name and address of the | ||||||
16 | transferee. On or after January 1, 2006, the record shall | ||||||
17 | contain the date of application for transfer of the firearm. | ||||||
18 | On demand of a peace officer the such transferor
shall produce | ||||||
19 | for inspection such record of transfer. For any transfer | ||||||
20 | pursuant to subsection (a-10) of this Section, on the demand | ||||||
21 | of a peace officer, the such transferee shall identify the | ||||||
22 | federally licensed firearm dealer maintaining the transfer | ||||||
23 | record. If the transfer or sale took place at a gun show, the | ||||||
24 | record shall include the unique identification number. Failure | ||||||
25 | to record the unique identification number or approval number | ||||||
26 | is a petty offense.
For transfers of a firearm, stun gun, or |
| |||||||
| |||||||
1 | taser made on or after January 18, 2019 (the effective date of | ||||||
2 | Public Act 100-1178), failure by the private seller to | ||||||
3 | maintain the transfer records in accordance with this Section, | ||||||
4 | or failure by a transferee pursuant to subsection a-10 of this | ||||||
5 | Section to identify the federally licensed firearm dealer | ||||||
6 | maintaining the transfer record, is a Class A misdemeanor for | ||||||
7 | the first offense and a Class 4 felony for a second or | ||||||
8 | subsequent offense occurring within 10 years of the first | ||||||
9 | offense and the second offense was committed after conviction | ||||||
10 | of the first offense. Whenever any person who has not | ||||||
11 | previously been convicted of any violation of subsection | ||||||
12 | (a-5), the court may grant supervision pursuant to and | ||||||
13 | consistent with the limitations of Section 5-6-1 of the | ||||||
14 | Unified Code of Corrections. A transferee or transferor shall | ||||||
15 | not be criminally liable under this Section provided that he | ||||||
16 | or she provides the Illinois State Police with the transfer | ||||||
17 | records in accordance with procedures established by the | ||||||
18 | Illinois State Police. The Illinois State Police shall | ||||||
19 | establish, by rule, a standard form on its website. | ||||||
20 | (b-5) Any resident may purchase ammunition from a person | ||||||
21 | within or outside of Illinois if shipment is by United States | ||||||
22 | mail or by a private express carrier authorized by federal law | ||||||
23 | to ship ammunition. Any resident purchasing ammunition within | ||||||
24 | or outside the State of Illinois must provide the seller with a | ||||||
25 | copy of his or her valid Firearm Owner's Identification Card | ||||||
26 | or valid concealed carry license and either his or her |
| |||||||
| |||||||
1 | Illinois driver's license or Illinois State Identification | ||||||
2 | Card prior to the shipment of the ammunition. The ammunition | ||||||
3 | may be shipped only to an address on either of those 2 | ||||||
4 | documents. | ||||||
5 | (c) The provisions of this Section regarding the transfer | ||||||
6 | of firearm
ammunition shall not apply to those persons | ||||||
7 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
9 | 102-1116, eff. 1-10-23.) | ||||||
10 | (Text of Section after amendment by P.A. 102-237 ) | ||||||
11 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
12 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
13 | firearm ammunition, prepackaged explosive components, stun | ||||||
14 | gun, or taser to any person within this State unless the
| ||||||
15 | transferee with whom he deals displays either: (1) a currently | ||||||
16 | valid Firearm Owner's
Identification Card which has previously | ||||||
17 | been issued in his or her name by the
Illinois State Police | ||||||
18 | under the provisions of this Act; or (2) a currently valid | ||||||
19 | license to carry a concealed firearm which has previously been | ||||||
20 | issued in his or her name by the
Illinois State Police under | ||||||
21 | the Firearm Concealed Carry Act. In addition,
all firearm, | ||||||
22 | stun gun, and taser transfers by federally licensed firearm | ||||||
23 | dealers are subject
to Section 3.1. | ||||||
24 | (a-5) Any person who is not a federally licensed firearm | ||||||
25 | dealer and who desires to transfer or sell a firearm while that |
| |||||||
| |||||||
1 | person is on the grounds of a gun show must, before selling or | ||||||
2 | transferring the firearm, request the Illinois State Police to | ||||||
3 | conduct a background check on the prospective recipient of the | ||||||
4 | firearm in accordance with Section 3.1.
| ||||||
5 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
6 | Section, any person who is not a federally licensed firearm | ||||||
7 | dealer and who desires to transfer or sell a firearm or | ||||||
8 | firearms to any person who is not a federally licensed firearm | ||||||
9 | dealer shall, before selling or transferring the firearms, | ||||||
10 | contact a federal firearm license dealer under paragraph (1) | ||||||
11 | of subsection (a-15) of this Section to conduct the transfer | ||||||
12 | or the Illinois State Police with the transferee's or | ||||||
13 | purchaser's Firearm Owner's Identification Card number to | ||||||
14 | determine the validity of the transferee's or purchaser's | ||||||
15 | Firearm Owner's Identification Card under State and federal | ||||||
16 | law, including the National Instant Criminal Background Check | ||||||
17 | System. This subsection shall not be effective until July 1, | ||||||
18 | 2023. Until that date the transferor shall contact the | ||||||
19 | Illinois State Police with the transferee's or purchaser's | ||||||
20 | Firearm Owner's Identification Card number to determine the | ||||||
21 | validity of the card. The Illinois State Police may adopt | ||||||
22 | rules concerning the implementation of this subsection. The | ||||||
23 | Illinois State Police shall provide the seller or transferor | ||||||
24 | an approval number if the purchaser's Firearm Owner's | ||||||
25 | Identification Card is valid. Approvals issued by the Illinois | ||||||
26 | State Police for the purchase of a firearm pursuant to this |
| |||||||
| |||||||
1 | subsection are valid for 30 days from the date of issue. | ||||||
2 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
3 | do not apply to: | ||||||
4 | (1) transfers that occur at the place of business of a | ||||||
5 | federally licensed firearm dealer, if the federally | ||||||
6 | licensed firearm dealer conducts a background check on the | ||||||
7 | prospective recipient of the firearm in accordance with | ||||||
8 | Section 3.1 of this Act and follows all other applicable | ||||||
9 | federal, State, and local laws as if he or she were the | ||||||
10 | seller or transferor of the firearm, although the dealer | ||||||
11 | is not required to accept the firearm into his or her | ||||||
12 | inventory. The purchaser or transferee may be required by | ||||||
13 | the federally licensed firearm dealer to pay a fee not to | ||||||
14 | exceed $25 per firearm, which the dealer may retain as | ||||||
15 | compensation for performing the functions required under | ||||||
16 | this paragraph, plus the applicable fees authorized by | ||||||
17 | Section 3.1; | ||||||
18 | (2) transfers as a bona fide gift to the transferor's | ||||||
19 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
20 | father, mother, stepfather, stepmother, brother, sister, | ||||||
21 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
22 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
23 | son-in-law, or daughter-in-law; | ||||||
24 | (3) transfers by persons acting pursuant to operation | ||||||
25 | of law or a court order; | ||||||
26 | (4) transfers on the grounds of a gun show under |
| |||||||
| |||||||
1 | subsection (a-5) of this Section; | ||||||
2 | (5) the delivery of a firearm by its owner to a | ||||||
3 | gunsmith for service or repair, the return of the firearm | ||||||
4 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
5 | by a gunsmith to a federally licensed firearms dealer for | ||||||
6 | service or repair and the return of the firearm to the | ||||||
7 | gunsmith; | ||||||
8 | (6) temporary transfers that occur while in the home | ||||||
9 | of the unlicensed transferee, if the unlicensed transferee | ||||||
10 | is not otherwise prohibited from possessing firearms and | ||||||
11 | the unlicensed transferee reasonably believes that | ||||||
12 | possession of the firearm is necessary to prevent imminent | ||||||
13 | death or great bodily harm to the unlicensed transferee; | ||||||
14 | (7) transfers to a law enforcement or corrections | ||||||
15 | agency or a law enforcement or corrections officer acting | ||||||
16 | within the course and scope of his or her official duties; | ||||||
17 | (8) transfers of firearms that have been rendered | ||||||
18 | permanently inoperable to a nonprofit historical society, | ||||||
19 | museum, or institutional collection; and | ||||||
20 | (9) transfers to a person who is exempt from the | ||||||
21 | requirement of possessing a Firearm Owner's Identification | ||||||
22 | Card under Section 2 of this Act. | ||||||
23 | (a-20) The Illinois State Police shall develop an | ||||||
24 | Internet-based system for individuals to determine the | ||||||
25 | validity of a Firearm Owner's Identification Card prior to the | ||||||
26 | sale or transfer of a firearm. The Illinois State Police shall |
| |||||||
| |||||||
1 | have the Internet-based system updated and available for use | ||||||
2 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
3 | rules not inconsistent with this Section to implement this | ||||||
4 | system; but no rule shall allow the Illinois State Police to | ||||||
5 | retain records in contravention of State and federal law. | ||||||
6 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
7 | Police shall develop an Internet-based system upon which the | ||||||
8 | serial numbers of firearms that have been reported stolen are | ||||||
9 | available for public access for individuals to ensure any | ||||||
10 | firearms are not reported stolen prior to the sale or transfer | ||||||
11 | of a firearm under this Section. The Illinois State Police | ||||||
12 | shall have the Internet-based system completed and available | ||||||
13 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
14 | rules not inconsistent with this Section to implement this | ||||||
15 | system. | ||||||
16 | (b) Any person within this State who transfers or causes | ||||||
17 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
18 | record of such transfer for a period
of 10 years from the date | ||||||
19 | of transfer. Any person within this State who receives any | ||||||
20 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
21 | shall provide a record of the transfer within 10 days of the | ||||||
22 | transfer to a federally licensed firearm dealer and shall not | ||||||
23 | be required to maintain a transfer record. The federally | ||||||
24 | licensed firearm dealer shall maintain the transfer record for | ||||||
25 | 20 years from the date of receipt. A federally licensed | ||||||
26 | firearm dealer may charge a fee not to exceed $25 to retain the |
| |||||||
| |||||||
1 | record. The record shall be provided and maintained in either | ||||||
2 | an electronic or paper format. The federally licensed firearm | ||||||
3 | dealer shall not be liable for the accuracy of any information | ||||||
4 | in the transfer record submitted pursuant to this Section. | ||||||
5 | Such records shall contain the date
of the transfer; the | ||||||
6 | description, serial number or other information
identifying | ||||||
7 | the firearm, stun gun, or taser if no serial number is | ||||||
8 | available; and, if the
transfer was completed within this | ||||||
9 | State, the transferee's Firearm Owner's
Identification Card | ||||||
10 | number and any approval number or documentation provided by | ||||||
11 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
12 | this Section; if the transfer was not completed within this | ||||||
13 | State, the record shall contain the name and address of the | ||||||
14 | transferee. On or after January 1, 2006, the record shall | ||||||
15 | contain the date of application for transfer of the firearm. | ||||||
16 | On demand of a peace officer the such transferor shall produce | ||||||
17 | for inspection the such record of transfer. For any transfer | ||||||
18 | pursuant to subsection (a-10) of this Section, on the demand | ||||||
19 | of a peace officer, the such transferee shall identify the | ||||||
20 | federally licensed firearm dealer maintaining the transfer | ||||||
21 | record. If the transfer or sale took place at a gun show, the | ||||||
22 | record shall include the unique identification number. Failure | ||||||
23 | to record the unique identification number or approval number | ||||||
24 | is a petty offense.
For transfers of a firearm, stun gun, or | ||||||
25 | taser made on or after January 18, 2019 (the effective date of | ||||||
26 | Public Act 100-1178), failure by the private seller to |
| |||||||
| |||||||
1 | maintain the transfer records in accordance with this Section, | ||||||
2 | or failure by a transferee pursuant to subsection a-10 of this | ||||||
3 | Section to identify the federally licensed firearm dealer | ||||||
4 | maintaining the transfer record, is a Class A misdemeanor for | ||||||
5 | the first offense and a Class 4 felony for a second or | ||||||
6 | subsequent offense occurring within 10 years of the first | ||||||
7 | offense and the second offense was committed after conviction | ||||||
8 | of the first offense. Whenever any person who has not | ||||||
9 | previously been convicted of any violation of subsection | ||||||
10 | (a-5), the court may grant supervision pursuant to and | ||||||
11 | consistent with the limitations of Section 5-6-1 of the | ||||||
12 | Unified Code of Corrections. A transferee or transferor shall | ||||||
13 | not be criminally liable under this Section provided that he | ||||||
14 | or she provides the Illinois State Police with the transfer | ||||||
15 | records in accordance with procedures established by the | ||||||
16 | Illinois State Police. The Illinois State Police shall | ||||||
17 | establish, by rule, a standard form on its website. | ||||||
18 | (b-5) Any resident may purchase ammunition from a person | ||||||
19 | within or outside of Illinois if shipment is by United States | ||||||
20 | mail or by a private express carrier authorized by federal law | ||||||
21 | to ship ammunition. Any resident purchasing ammunition within | ||||||
22 | or outside the State of Illinois must provide the seller with a | ||||||
23 | copy of his or her valid Firearm Owner's Identification Card | ||||||
24 | or valid concealed carry license and either his or her | ||||||
25 | Illinois driver's license or Illinois State Identification | ||||||
26 | Card prior to the shipment of the ammunition. The ammunition |
| |||||||
| |||||||
1 | may be shipped only to an address on either of those 2 | ||||||
2 | documents. | ||||||
3 | (c) The provisions of this Section regarding the transfer | ||||||
4 | of firearm
ammunition shall not apply to those persons | ||||||
5 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
6 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.) | ||||||
8 | Section 20. The Firearms Restraining Order Act is amended | ||||||
9 | by changing Section 5 as follows: | ||||||
10 | (430 ILCS 67/5) | ||||||
11 | Sec. 5. Definitions.
As used in this Act: | ||||||
12 | "Family member of the respondent" means a spouse, former | ||||||
13 | spouse, person with whom the respondent has a minor child in | ||||||
14 | common, parent, child, or step-child of the respondent, any | ||||||
15 | other person related by blood or present marriage to the | ||||||
16 | respondent, or a person who shares a common dwelling with the | ||||||
17 | respondent. | ||||||
18 | "Firearms restraining order" means an order issued by the | ||||||
19 | court, prohibiting and enjoining a named person from having in | ||||||
20 | his or her custody or control, purchasing, possessing, or | ||||||
21 | receiving any firearms or ammunition, or removing firearm | ||||||
22 | parts that could be assembled to make an operable firearm.
| ||||||
23 | "Intimate partner" means a spouse, former spouse, a person | ||||||
24 | with whom the respondent has or allegedly has a child in |
| |||||||
| |||||||
1 | common, or a person with whom the respondent has or has had a | ||||||
2 | dating or engagement relationship. | ||||||
3 | "Petitioner" means: | ||||||
4 | (1) a family member of the respondent as defined in | ||||||
5 | this Act; or
| ||||||
6 | (2) a law enforcement officer
who files a petition | ||||||
7 | alleging that the respondent poses a danger of causing | ||||||
8 | personal injury to himself, herself, or another by having | ||||||
9 | in his or her custody or control, purchasing, possessing, | ||||||
10 | or receiving a firearm, ammunition, or firearm parts that | ||||||
11 | could be assembled to make an operable firearm or removing | ||||||
12 | firearm parts that could be assembled to make an operable | ||||||
13 | firearm ; or | ||||||
14 | (3) intimate partner . | ||||||
15 | "Respondent" means the person alleged in the petition to | ||||||
16 | pose a danger of causing personal injury to himself, herself, | ||||||
17 | or another by having in his or her custody or control, | ||||||
18 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
19 | firearm parts that could be assembled to make an operable | ||||||
20 | firearm or removing firearm parts that could be assembled to | ||||||
21 | make an operable firearm.
| ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .) | ||||||
23 | Section 25. The Criminal Code of 2012 is amended by adding | ||||||
24 | Section 24-4.3 as follows: |
| |||||||
| |||||||
1 | (720 ILCS 5/24-4.3 new) | ||||||
2 | Sec. 24-4.3. Unlawful sale or delivery of prepackaged | ||||||
3 | explosive components. | ||||||
4 | (a) A person commits unlawful sale or delivery of | ||||||
5 | prepackaged explosive components when he or she knowingly does | ||||||
6 | any of the following: | ||||||
7 | (1) Sells or gives prepackaged explosive components to | ||||||
8 | a person who is disqualified under the Firearm Owners | ||||||
9 | Identification Card Act. | ||||||
10 | (A) the person's Firearm Owner's Identification | ||||||
11 | Card
is revoked or subject to revocation under Section | ||||||
12 | 8 of the Firearm Owners Identification Card
Act; | ||||||
13 | (B) the person's Firearm Owner's Identification | ||||||
14 | Card is expired and not otherwise eligible for renewal | ||||||
15 | under the Firearm Owners Identification Card
Act; or | ||||||
16 | (C) the person does not possess a currently valid | ||||||
17 | Firearm Owner's Identification Card, and the person is | ||||||
18 | not otherwise eligible under the Firearm Owners | ||||||
19 | Identification Card
Act. | ||||||
20 | (2) Sells or transfers prepackaged explosive | ||||||
21 | components to a person who does not display to the seller | ||||||
22 | or transferor of the prepackaged explosive components a | ||||||
23 | currently valid Firearm Owner's Identification Card that | ||||||
24 | has previously been issued in the transferee's name by the | ||||||
25 | Department of State Police under the Firearm Owners | ||||||
26 | Identification Card Act. This paragraph (2) does not apply |
| |||||||
| |||||||
1 | to the transfer of prepackaged explosive components to a | ||||||
2 | person who is exempt from the requirement of possessing a | ||||||
3 | Firearm Owner's Identification Card under Section 2 of the | ||||||
4 | Firearm Owners Identification Card Act. For the purposes | ||||||
5 | of this Section, a currently valid Firearm Owner's | ||||||
6 | Identification Card means a Firearm Owner's Identification | ||||||
7 | Card that has not expired. | ||||||
8 | (3) Sells or gives prepackaged explosive components | ||||||
9 | while engaged in the business of selling prepackaged | ||||||
10 | explosive components at wholesale or retail without being | ||||||
11 | licensed as a federal firearms dealer under Section 923 of | ||||||
12 | the federal Gun Control Act of 1968 (18 U.S.C. 923). In | ||||||
13 | this paragraph (3), a person "engaged in the business" | ||||||
14 | means a person who devotes time, attention, and labor to | ||||||
15 | engaging in the activity as a regular course of trade or | ||||||
16 | business with the principal objective of livelihood and | ||||||
17 | profit. | ||||||
18 | (b) For the purposes of this Section, "prepackaged | ||||||
19 | explosive components" means a prepackaged product containing 2 | ||||||
20 | or more unmixed, commercially manufactured chemical substances | ||||||
21 | that are not independently classified as explosives but which, | ||||||
22 | when mixed or combined, results in an explosive material | ||||||
23 | subject to regulation by the federal Bureau of Alcohol, | ||||||
24 | Tobacco, Firearms, and Explosives under Title 27 CFR Part 555. | ||||||
25 | (c) All sellers or transferors who have complied with the | ||||||
26 | requirements of this Section shall not be liable for damages |
| |||||||
| |||||||
1 | in any civil action arising from the use or misuse by the | ||||||
2 | transferee of the prepackaged explosive components | ||||||
3 | transferred, except for willful or wanton misconduct on the | ||||||
4 | part of the seller or transferor. | ||||||
5 | (d) Sentence. Any person who is convicted of unlawful sale | ||||||
6 | or delivery of prepackaged explosive components commits a | ||||||
7 | Class 4 felony. | ||||||
8 | Section 30. The Code of Criminal Procedure of 1963 is | ||||||
9 | amended by changing Section 112A-14 as follows:
| ||||||
10 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
11 | Sec. 112A-14. Domestic violence order of protection; | ||||||
12 | remedies.
| ||||||
13 | (a) (Blank).
| ||||||
14 | (b) The court may order any of the remedies listed in this | ||||||
15 | subsection (b).
The remedies listed in this subsection (b) | ||||||
16 | shall be in addition to other civil
or criminal remedies | ||||||
17 | available to petitioner.
| ||||||
18 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
19 | harassment,
interference with personal liberty, | ||||||
20 | intimidation of a dependent, physical
abuse, or willful | ||||||
21 | deprivation, as defined in this Article, if such abuse has
| ||||||
22 | occurred or otherwise appears likely to occur if not | ||||||
23 | prohibited.
| ||||||
24 | (2) Grant of exclusive possession of residence. |
| |||||||
| |||||||
1 | Prohibit respondent
from entering or remaining in any | ||||||
2 | residence, household, or premises of the petitioner,
| ||||||
3 | including one owned or leased by respondent, if petitioner | ||||||
4 | has a right
to occupancy thereof. The grant of exclusive | ||||||
5 | possession of the residence, household, or premises
shall | ||||||
6 | not affect title to real property, nor shall the court be | ||||||
7 | limited by
the standard set forth in subsection (c-2) of | ||||||
8 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
9 | Marriage Act.
| ||||||
10 | (A) Right to occupancy. A party has a right to | ||||||
11 | occupancy of a
residence or household if it is
solely | ||||||
12 | or jointly owned or leased by that party, that party's | ||||||
13 | spouse, a
person with a legal duty to support that | ||||||
14 | party or a minor child in that
party's care, or by any | ||||||
15 | person or entity other than the opposing party that
| ||||||
16 | authorizes that party's occupancy (e.g., a domestic | ||||||
17 | violence shelter).
Standards set forth in subparagraph | ||||||
18 | (B) shall not preclude equitable relief.
| ||||||
19 | (B) Presumption of hardships. If petitioner and | ||||||
20 | respondent
each has the right to occupancy of a | ||||||
21 | residence or household, the court
shall balance (i) | ||||||
22 | the hardships to respondent and any minor child or
| ||||||
23 | dependent adult in respondent's care resulting from | ||||||
24 | entry of this remedy with (ii)
the hardships to | ||||||
25 | petitioner and any minor child or dependent adult in
| ||||||
26 | petitioner's care resulting from continued exposure to |
| |||||||
| |||||||
1 | the risk of abuse (should
petitioner remain at the | ||||||
2 | residence or household) or from loss of possession
of | ||||||
3 | the residence or household (should petitioner leave to | ||||||
4 | avoid the risk
of abuse). When determining the balance | ||||||
5 | of hardships, the court shall also
take into account | ||||||
6 | the accessibility of the residence or household.
| ||||||
7 | Hardships need not be balanced if respondent does not | ||||||
8 | have a right to occupancy.
| ||||||
9 | The balance of hardships is presumed to favor | ||||||
10 | possession by
petitioner unless the presumption is | ||||||
11 | rebutted by a preponderance of the
evidence, showing | ||||||
12 | that the hardships to respondent substantially | ||||||
13 | outweigh
the hardships to petitioner and any minor | ||||||
14 | child or dependent adult in petitioner's
care. The | ||||||
15 | court, on the request of petitioner or on its own | ||||||
16 | motion,
may order respondent to provide suitable, | ||||||
17 | accessible, alternate housing
for petitioner instead | ||||||
18 | of
excluding respondent from a mutual residence or | ||||||
19 | household.
| ||||||
20 | (3) Stay away order and additional prohibitions.
Order | ||||||
21 | respondent to stay away from petitioner or any other | ||||||
22 | person
protected by the domestic violence order of | ||||||
23 | protection, or prohibit respondent from entering
or | ||||||
24 | remaining present at petitioner's school, place of | ||||||
25 | employment, or other
specified places at times when | ||||||
26 | petitioner is present, or both, if
reasonable, given
the |
| |||||||
| |||||||
1 | balance of hardships. Hardships need not be balanced for | ||||||
2 | the court
to enter a stay away order or prohibit entry
if | ||||||
3 | respondent has no right to enter the premises.
| ||||||
4 | (A) If a domestic violence order of protection | ||||||
5 | grants petitioner exclusive possession
of the | ||||||
6 | residence, prohibits respondent from entering the | ||||||
7 | residence,
or orders respondent to stay away from | ||||||
8 | petitioner or other
protected persons, then the court | ||||||
9 | may allow respondent access to the
residence to remove | ||||||
10 | items of clothing and personal adornment
used | ||||||
11 | exclusively by respondent, medications, and other | ||||||
12 | items as the court directs.
The right to access shall | ||||||
13 | be exercised on only one occasion as the court directs
| ||||||
14 | and in the presence of an agreed-upon adult third | ||||||
15 | party or law enforcement officer.
| ||||||
16 | (B) When the petitioner and the respondent attend | ||||||
17 | the same public, private, or non-public elementary, | ||||||
18 | middle, or high school, the court when issuing a | ||||||
19 | domestic violence order of protection and providing | ||||||
20 | relief shall consider the severity of the act, any | ||||||
21 | continuing physical danger or emotional distress to | ||||||
22 | the petitioner, the educational rights guaranteed to | ||||||
23 | the petitioner and respondent under federal and State | ||||||
24 | law, the availability of a transfer of the respondent | ||||||
25 | to another school, a change of placement or a change of | ||||||
26 | program of the respondent, the expense, difficulty, |
| |||||||
| |||||||
1 | and educational disruption that would be caused by a | ||||||
2 | transfer of the respondent to another school, and any | ||||||
3 | other relevant facts of the case. The court may order | ||||||
4 | that the respondent not attend the public, private, or | ||||||
5 | non-public elementary, middle, or high school attended | ||||||
6 | by the petitioner, order that the respondent accept a | ||||||
7 | change of placement or change of program, as | ||||||
8 | determined by the school district or private or | ||||||
9 | non-public school, or place restrictions on the | ||||||
10 | respondent's movements within the school attended by | ||||||
11 | the petitioner. The respondent bears the burden of | ||||||
12 | proving by a preponderance of the evidence that a | ||||||
13 | transfer, change of placement, or change of program of | ||||||
14 | the respondent is not available. The respondent also | ||||||
15 | bears the burden of production with respect to the | ||||||
16 | expense, difficulty, and educational disruption that | ||||||
17 | would be caused by a transfer of the respondent to | ||||||
18 | another school. A transfer, change of placement, or | ||||||
19 | change of program is not unavailable to the respondent | ||||||
20 | solely on the ground that the respondent does not | ||||||
21 | agree with the school district's or private or | ||||||
22 | non-public school's transfer, change of placement, or | ||||||
23 | change of program or solely on the ground that the | ||||||
24 | respondent fails or refuses to consent or otherwise | ||||||
25 | does not take an action required to effectuate a | ||||||
26 | transfer, change of placement, or change of program. |
| |||||||
| |||||||
1 | When a court orders a respondent to stay away from the | ||||||
2 | public, private, or non-public school attended by the | ||||||
3 | petitioner and the respondent requests a transfer to | ||||||
4 | another attendance center within the respondent's | ||||||
5 | school district or private or non-public school, the | ||||||
6 | school district or private or non-public school shall | ||||||
7 | have sole discretion to determine the attendance | ||||||
8 | center to which the respondent is transferred. If the | ||||||
9 | court order results in a transfer of the minor | ||||||
10 | respondent to another attendance center, a change in | ||||||
11 | the respondent's placement, or a change of the | ||||||
12 | respondent's program, the parents, guardian, or legal | ||||||
13 | custodian of the respondent is responsible for | ||||||
14 | transportation and other costs associated with the | ||||||
15 | transfer or change. | ||||||
16 | (C) The court may order the parents, guardian, or | ||||||
17 | legal custodian of a minor respondent to take certain | ||||||
18 | actions or to refrain from taking certain actions to | ||||||
19 | ensure that the respondent complies with the order. If | ||||||
20 | the court orders a transfer of the respondent to | ||||||
21 | another school, the parents, guardian, or legal | ||||||
22 | custodian of the respondent is responsible for | ||||||
23 | transportation and other costs associated with the | ||||||
24 | change of school by the respondent. | ||||||
25 | (4) Counseling. Require or recommend the respondent to | ||||||
26 | undergo
counseling for a specified duration with a social |
| |||||||
| |||||||
1 | worker, psychologist,
clinical psychologist, | ||||||
2 | psychiatrist, family service agency, alcohol or
substance | ||||||
3 | abuse program, mental health center guidance counselor, | ||||||
4 | agency
providing services to elders, program designed for | ||||||
5 | domestic violence
abusers, or any other guidance service | ||||||
6 | the court deems appropriate. The court may order the | ||||||
7 | respondent in any intimate partner relationship to report | ||||||
8 | to an Illinois Department of Human Services protocol | ||||||
9 | approved partner abuse intervention program for an | ||||||
10 | assessment and to follow all recommended treatment.
| ||||||
11 | (5) Physical care and possession of the minor child. | ||||||
12 | In order to protect
the minor child from abuse, neglect, | ||||||
13 | or unwarranted separation from the person
who has been the | ||||||
14 | minor child's primary caretaker, or to otherwise protect | ||||||
15 | the
well-being of the minor child, the court may do either | ||||||
16 | or both of the following:
(i) grant petitioner physical | ||||||
17 | care or possession of the minor child, or both, or
(ii) | ||||||
18 | order respondent to return a minor child to, or not remove | ||||||
19 | a minor child
from, the physical care of a parent or person | ||||||
20 | in loco parentis.
| ||||||
21 | If the respondent is charged with abuse
(as defined in | ||||||
22 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
23 | be a
rebuttable presumption that awarding physical care to | ||||||
24 | respondent would not
be in the minor child's best | ||||||
25 | interest.
| ||||||
26 | (6) Temporary allocation of parental responsibilities |
| |||||||
| |||||||
1 | and significant decision-making responsibilities.
Award | ||||||
2 | temporary significant decision-making responsibility to | ||||||
3 | petitioner in accordance with this Section,
the Illinois | ||||||
4 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
5 | Parentage Act of 2015,
and this State's Uniform | ||||||
6 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
7 | If the respondent
is charged with abuse (as defined in | ||||||
8 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
9 | be a rebuttable presumption that awarding
temporary | ||||||
10 | significant decision-making responsibility to respondent | ||||||
11 | would not be in the
child's best interest.
| ||||||
12 | (7) Parenting time. Determine the parenting time, if | ||||||
13 | any, of respondent in any case in which the court
awards | ||||||
14 | physical care or temporary significant decision-making | ||||||
15 | responsibility of a minor child to
petitioner. The court | ||||||
16 | shall restrict or deny respondent's parenting time with
a | ||||||
17 | minor child if
the court finds that respondent has done or | ||||||
18 | is likely to do any of the
following: | ||||||
19 | (i) abuse or endanger the minor child during | ||||||
20 | parenting time; | ||||||
21 | (ii) use the parenting time
as an opportunity to | ||||||
22 | abuse or harass petitioner or
petitioner's family or | ||||||
23 | household members; | ||||||
24 | (iii) improperly conceal or
detain the minor | ||||||
25 | child; or | ||||||
26 | (iv) otherwise act in a manner that is not in
the |
| |||||||
| |||||||
1 | best interests of the minor child. | ||||||
2 | The court shall not be limited by the
standards set | ||||||
3 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
4 | Dissolution of Marriage Act. If the court grants parenting | ||||||
5 | time, the order
shall specify dates and times for the | ||||||
6 | parenting time to take place or other
specific parameters | ||||||
7 | or conditions that are appropriate. No order for parenting | ||||||
8 | time
shall refer merely to the term "reasonable parenting | ||||||
9 | time". Petitioner may deny respondent access to the minor | ||||||
10 | child if, when
respondent arrives for parenting time, | ||||||
11 | respondent is under the influence of drugs
or alcohol and | ||||||
12 | constitutes a threat to the safety and well-being of
| ||||||
13 | petitioner or petitioner's minor children or is behaving | ||||||
14 | in a violent or abusive manner. If necessary to protect | ||||||
15 | any member of petitioner's family or
household from future | ||||||
16 | abuse, respondent shall be prohibited from coming to
| ||||||
17 | petitioner's residence to meet the minor child for | ||||||
18 | parenting time, and the petitioner and respondent
shall | ||||||
19 | submit to the court their recommendations for reasonable
| ||||||
20 | alternative arrangements for parenting time. A person may | ||||||
21 | be approved to
supervise parenting time only after filing | ||||||
22 | an affidavit accepting
that responsibility and | ||||||
23 | acknowledging accountability to the court.
| ||||||
24 | (8) Removal or concealment of minor child.
Prohibit | ||||||
25 | respondent from
removing a minor child from the State or | ||||||
26 | concealing the child within the
State.
|
| |||||||
| |||||||
1 | (9) Order to appear. Order the respondent to
appear in | ||||||
2 | court, alone
or with a minor child, to prevent abuse, | ||||||
3 | neglect, removal or concealment of
the child, to return | ||||||
4 | the child to the custody or care of the petitioner, or
to | ||||||
5 | permit any court-ordered interview or examination of the | ||||||
6 | child or the
respondent.
| ||||||
7 | (10) Possession of personal property. Grant petitioner | ||||||
8 | exclusive
possession of personal property and, if | ||||||
9 | respondent has possession or
control, direct respondent to | ||||||
10 | promptly make it available to petitioner, if:
| ||||||
11 | (i) petitioner, but not respondent, owns the | ||||||
12 | property; or
| ||||||
13 | (ii) the petitioner and respondent own the | ||||||
14 | property jointly; sharing it would risk
abuse of | ||||||
15 | petitioner by respondent or is impracticable; and the | ||||||
16 | balance of
hardships favors temporary possession by | ||||||
17 | petitioner.
| ||||||
18 | If petitioner's sole claim to ownership of the | ||||||
19 | property is that it is
marital property, the court may | ||||||
20 | award petitioner temporary possession
thereof under the | ||||||
21 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
22 | proper proceeding has been filed under the Illinois | ||||||
23 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
24 | hereafter amended.
| ||||||
25 | No order under this provision shall affect title to | ||||||
26 | property.
|
| |||||||
| |||||||
1 | (11) Protection of property. Forbid the respondent | ||||||
2 | from taking,
transferring, encumbering, concealing, | ||||||
3 | damaging, or otherwise disposing of
any real or personal | ||||||
4 | property, except as explicitly authorized by the
court, | ||||||
5 | if:
| ||||||
6 | (i) petitioner, but not respondent, owns the | ||||||
7 | property; or
| ||||||
8 | (ii) the petitioner and respondent own the | ||||||
9 | property jointly,
and the balance of hardships favors | ||||||
10 | granting this remedy.
| ||||||
11 | If petitioner's sole claim to ownership of the | ||||||
12 | property is that it is
marital property, the court may | ||||||
13 | grant petitioner relief under subparagraph
(ii) of this | ||||||
14 | paragraph only if a proper proceeding has been filed under | ||||||
15 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
16 | now or hereafter amended.
| ||||||
17 | The court may further prohibit respondent from | ||||||
18 | improperly using the
financial or other resources of an | ||||||
19 | aged member of the family or household
for the profit or | ||||||
20 | advantage of respondent or of any other person.
| ||||||
21 | (11.5) Protection of animals. Grant the petitioner the | ||||||
22 | exclusive care, custody, or control of any animal owned, | ||||||
23 | possessed, leased, kept, or held by either the petitioner | ||||||
24 | or the respondent or a minor child residing in the | ||||||
25 | residence or household of either the petitioner or the | ||||||
26 | respondent and order the respondent to stay away from the |
| |||||||
| |||||||
1 | animal and forbid the respondent from taking, | ||||||
2 | transferring, encumbering, concealing, harming, or | ||||||
3 | otherwise disposing of the animal.
| ||||||
4 | (12) Order for payment of support. Order
respondent to | ||||||
5 | pay temporary
support for the petitioner or any child in | ||||||
6 | the petitioner's care or over whom the petitioner has been | ||||||
7 | allocated parental responsibility, when the respondent has | ||||||
8 | a legal obligation to support that person,
in accordance | ||||||
9 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
10 | Act, which shall govern, among other matters, the amount | ||||||
11 | of
support, payment through the clerk and withholding of | ||||||
12 | income to secure
payment. An order for child support may | ||||||
13 | be granted to a petitioner with
lawful physical care of a | ||||||
14 | child, or an order or agreement for
physical care of a | ||||||
15 | child, prior to entry of an order allocating significant | ||||||
16 | decision-making responsibility.
Such a support order shall | ||||||
17 | expire upon entry of a valid order allocating parental | ||||||
18 | responsibility differently and vacating petitioner's | ||||||
19 | significant decision-making responsibility unless | ||||||
20 | otherwise provided in the order.
| ||||||
21 | (13) Order for payment of losses. Order
respondent to | ||||||
22 | pay petitioner
for losses suffered as a direct result of | ||||||
23 | the abuse. Such losses shall
include, but not be limited | ||||||
24 | to, medical expenses, lost earnings or other
support, | ||||||
25 | repair or replacement of property damaged or taken, | ||||||
26 | reasonable
attorney's fees, court costs, and moving or |
| |||||||
| |||||||
1 | other travel expenses, including
additional reasonable | ||||||
2 | expenses for temporary shelter and restaurant meals.
| ||||||
3 | (i) Losses affecting family needs. If a party is | ||||||
4 | entitled to seek
maintenance, child support, or | ||||||
5 | property distribution from the other party
under the | ||||||
6 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
7 | now or
hereafter amended, the court may order | ||||||
8 | respondent to reimburse petitioner's
actual losses, to | ||||||
9 | the extent that such reimbursement would be | ||||||
10 | "appropriate
temporary relief", as authorized by | ||||||
11 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
12 | (ii) Recovery of expenses. In the case of an | ||||||
13 | improper concealment
or removal of a minor child, the | ||||||
14 | court may order respondent to pay the reasonable
| ||||||
15 | expenses incurred or to be incurred in the search for | ||||||
16 | and recovery of the
minor child, including, but not | ||||||
17 | limited to, legal fees, court costs, private
| ||||||
18 | investigator fees, and travel costs.
| ||||||
19 | (14) Prohibition of entry. Prohibit the respondent | ||||||
20 | from entering or
remaining in the residence or household | ||||||
21 | while the respondent is under the
influence of alcohol or | ||||||
22 | drugs and constitutes a threat to the safety and
| ||||||
23 | well-being of the petitioner or the petitioner's children.
| ||||||
24 | (14.5) Prohibition of firearm possession. | ||||||
25 | (A) A person who is subject to an existing | ||||||
26 | domestic violence order of protection issued under |
| |||||||
| |||||||
1 | this Code may not lawfully possess weapons or a | ||||||
2 | Firearm Owner's Identification Card under Section 8.2 | ||||||
3 | of the Firearm Owners Identification Card Act. | ||||||
4 | (B) Any firearms in the
possession of the | ||||||
5 | respondent, except as provided in subparagraph (C) of | ||||||
6 | this paragraph (14.5), shall be ordered by the court | ||||||
7 | to be turned
over to a local law enforcement agency | ||||||
8 | person with a valid Firearm Owner's Identification | ||||||
9 | Card for safekeeping and the respondent shall be | ||||||
10 | prohibited from acquiring or possessing any firearms | ||||||
11 | for the duration of the order of protection . The court | ||||||
12 | shall issue an order that the respondent comply with | ||||||
13 | Section 9.5 of the Firearm Owners Identification Card | ||||||
14 | Act.
| ||||||
15 | (B-1) Immediately upon entry of an order of | ||||||
16 | protection prohibiting firearm possession under this | ||||||
17 | Section, the court shall issue a seizure order of any | ||||||
18 | firearm in the possession of the respondent, to be | ||||||
19 | kept by the local law enforcement agency for | ||||||
20 | safekeeping, except as provided in subparagraph (C). A | ||||||
21 | return of the seizure order shall be filed by the law | ||||||
22 | enforcement agency within 48 hours thereafter, setting | ||||||
23 | forth the time, date, and location that the seizure | ||||||
24 | order was executed and what items, if any, were | ||||||
25 | seized. The petitioner's general description of the | ||||||
26 | firearm or firearms and their location shall be |
| |||||||
| |||||||
1 | sufficient to support issuing a seizure order. If the | ||||||
2 | seizure order is not served within 48 hours because | ||||||
3 | the respondent cannot be located, law enforcement | ||||||
4 | shall file the statement of receipt explaining the | ||||||
5 | efforts and attempts made to serve the order on the | ||||||
6 | respondent. The period of safekeeping shall be for the | ||||||
7 | duration of the order of protection. | ||||||
8 | (B-2) Notwithstanding the issuance of a seizure | ||||||
9 | order under subsection (B-1), the respondent shall be | ||||||
10 | ordered to immediately surrender any firearms to the | ||||||
11 | appropriate law enforcement agency and prohibited from | ||||||
12 | transferring firearms to another individual in lieu of | ||||||
13 | surrender to law enforcement. | ||||||
14 | (B-3) The relevant law enforcement agency shall | ||||||
15 | provide a statement of receipt of any firearm seized | ||||||
16 | or surrendered with a description of any firearm | ||||||
17 | seized or surrendered to the respondent and the court. | ||||||
18 | If the respondent fails to surrender the respondent's | ||||||
19 | weapons in accordance with the order to surrender, the | ||||||
20 | law enforcement agency shall file a statement of | ||||||
21 | receipt explaining how and when the order was served | ||||||
22 | and that the respondent did not comply within the | ||||||
23 | required time. This statement of receipt shall be | ||||||
24 | prima facie evidence of compliance with an order to | ||||||
25 | surrender firearms. | ||||||
26 | (C) If the respondent is a peace officer as |
| |||||||
| |||||||
1 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
2 | the court shall order that any firearms used by the
| ||||||
3 | respondent in the performance of his or her duties as a
| ||||||
4 | peace officer be surrendered to
the chief law | ||||||
5 | enforcement executive of the agency in which the | ||||||
6 | respondent is
employed, who shall retain the firearms | ||||||
7 | for safekeeping for the duration of the domestic | ||||||
8 | violence order of protection.
| ||||||
9 | (D) Upon expiration of the period of safekeeping, | ||||||
10 | if the firearms or Firearm Owner's Identification Card | ||||||
11 | cannot be returned to respondent because respondent | ||||||
12 | cannot be located, fails to respond to requests to | ||||||
13 | retrieve the firearms, or is not lawfully eligible to | ||||||
14 | possess a firearm, upon petition from the local law | ||||||
15 | enforcement agency, the court may order the local law | ||||||
16 | enforcement agency to destroy the firearms, use the | ||||||
17 | firearms for training purposes, or for any other | ||||||
18 | application as deemed appropriate by the local law | ||||||
19 | enforcement agency; or that the firearms be turned | ||||||
20 | over to a third party who is lawfully eligible to | ||||||
21 | possess firearms, and who does not reside with | ||||||
22 | respondent. | ||||||
23 | (15) Prohibition of access to records. If a domestic | ||||||
24 | violence order of protection
prohibits respondent from | ||||||
25 | having contact with the minor child,
or if petitioner's | ||||||
26 | address is omitted under subsection (b) of
Section 112A-5 |
| |||||||
| |||||||
1 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
2 | removal or
concealment of a minor child, the order shall | ||||||
3 | deny respondent access to, and
prohibit respondent from | ||||||
4 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
5 | school or any other records of the minor child
who is in | ||||||
6 | the care of petitioner.
| ||||||
7 | (16) Order for payment of shelter services. Order | ||||||
8 | respondent to
reimburse a shelter providing temporary | ||||||
9 | housing and counseling services to
the petitioner for the | ||||||
10 | cost of the services, as certified by the shelter
and | ||||||
11 | deemed reasonable by the court.
| ||||||
12 | (17) Order for injunctive relief. Enter injunctive | ||||||
13 | relief necessary
or appropriate to prevent further abuse | ||||||
14 | of a family or household member or
to effectuate one of the | ||||||
15 | granted remedies, if supported by the balance of
| ||||||
16 | hardships. If the harm to be prevented by the injunction | ||||||
17 | is abuse or any
other harm that one of the remedies listed | ||||||
18 | in paragraphs (1) through (16)
of this subsection is | ||||||
19 | designed to prevent, no further evidence is necessary
to | ||||||
20 | establish that the harm is an irreparable injury.
| ||||||
21 | (18) Telephone services. | ||||||
22 | (A) Unless a condition described in subparagraph | ||||||
23 | (B) of this paragraph exists, the court may, upon | ||||||
24 | request by the petitioner, order a wireless telephone | ||||||
25 | service provider to transfer to the petitioner the | ||||||
26 | right to continue to use a telephone number or numbers |
| |||||||
| |||||||
1 | indicated by the petitioner and the financial | ||||||
2 | responsibility associated with the number or numbers, | ||||||
3 | as set forth in subparagraph (C) of this paragraph. In | ||||||
4 | this paragraph (18), the term "wireless telephone | ||||||
5 | service provider" means a provider of commercial | ||||||
6 | mobile service as defined in 47 U.S.C. 332. The | ||||||
7 | petitioner may request the transfer of each telephone | ||||||
8 | number that the petitioner, or a minor child in his or | ||||||
9 | her custody, uses. The clerk of the court shall serve | ||||||
10 | the order on the wireless telephone service provider's | ||||||
11 | agent for service of process provided to the Illinois | ||||||
12 | Commerce Commission. The order shall contain all of | ||||||
13 | the following: | ||||||
14 | (i) The name and billing telephone number of | ||||||
15 | the account holder including the name of the | ||||||
16 | wireless telephone service provider that serves | ||||||
17 | the account. | ||||||
18 | (ii) Each telephone number that will be | ||||||
19 | transferred. | ||||||
20 | (iii) A statement that the provider transfers | ||||||
21 | to the petitioner all financial responsibility for | ||||||
22 | and right to the use of any telephone number | ||||||
23 | transferred under this paragraph. | ||||||
24 | (B) A wireless telephone service provider shall | ||||||
25 | terminate the respondent's use of, and shall transfer | ||||||
26 | to the petitioner use of, the telephone number or |
| |||||||
| |||||||
1 | numbers indicated in subparagraph (A) of this | ||||||
2 | paragraph unless it notifies the petitioner, within 72 | ||||||
3 | hours after it receives the order, that one of the | ||||||
4 | following applies: | ||||||
5 | (i) The account holder named in the order has | ||||||
6 | terminated the account. | ||||||
7 | (ii) A difference in network technology would | ||||||
8 | prevent or impair the functionality of a device on | ||||||
9 | a network if the transfer occurs. | ||||||
10 | (iii) The transfer would cause a geographic or | ||||||
11 | other limitation on network or service provision | ||||||
12 | to the petitioner. | ||||||
13 | (iv) Another technological or operational | ||||||
14 | issue would prevent or impair the use of the | ||||||
15 | telephone number if the transfer occurs. | ||||||
16 | (C) The petitioner assumes all financial | ||||||
17 | responsibility for and right to the use of any | ||||||
18 | telephone number transferred under this paragraph. In | ||||||
19 | this paragraph, "financial responsibility" includes | ||||||
20 | monthly service costs and costs associated with any | ||||||
21 | mobile device associated with the number. | ||||||
22 | (D) A wireless telephone service provider may | ||||||
23 | apply to the petitioner its routine and customary | ||||||
24 | requirements for establishing an account or | ||||||
25 | transferring a number, including requiring the | ||||||
26 | petitioner to provide proof of identification, |
| |||||||
| |||||||
1 | financial information, and customer preferences.
| ||||||
2 | (E) Except for willful or wanton misconduct, a | ||||||
3 | wireless telephone service provider is immune from | ||||||
4 | civil liability for its actions taken in compliance | ||||||
5 | with a court order issued under this paragraph. | ||||||
6 | (F) All wireless service providers that provide | ||||||
7 | services to residential customers shall provide to the | ||||||
8 | Illinois Commerce Commission the name and address of | ||||||
9 | an agent for service of orders entered under this | ||||||
10 | paragraph (18). Any change in status of the registered | ||||||
11 | agent must be reported to the Illinois Commerce | ||||||
12 | Commission within 30 days of such change. | ||||||
13 | (G) The Illinois Commerce Commission shall | ||||||
14 | maintain the list of registered agents for service for | ||||||
15 | each wireless telephone service provider on the | ||||||
16 | Commission's website. The Commission may consult with | ||||||
17 | wireless telephone service providers and the Circuit | ||||||
18 | Court Clerks on the manner in which this information | ||||||
19 | is provided and displayed. | ||||||
20 | (c) Relevant factors; findings.
| ||||||
21 | (1) In determining whether to grant a
specific remedy, | ||||||
22 | other than payment of support, the
court shall consider | ||||||
23 | relevant factors, including, but not limited to, the
| ||||||
24 | following:
| ||||||
25 | (i) the nature, frequency, severity, pattern, and | ||||||
26 | consequences of the
respondent's past abuse of the |
| |||||||
| |||||||
1 | petitioner or any family or household
member, | ||||||
2 | including the concealment of his or her location in | ||||||
3 | order to evade
service of process or notice, and the | ||||||
4 | likelihood of danger of future abuse to
petitioner or
| ||||||
5 | any member of petitioner's or respondent's family or | ||||||
6 | household; and
| ||||||
7 | (ii) the danger that any minor child will be | ||||||
8 | abused or neglected or
improperly relocated from the | ||||||
9 | jurisdiction, improperly concealed within the
State, | ||||||
10 | or improperly separated from the child's primary | ||||||
11 | caretaker.
| ||||||
12 | (2) In comparing relative hardships resulting to the | ||||||
13 | parties from loss
of possession of the family home, the | ||||||
14 | court shall consider relevant
factors, including, but not | ||||||
15 | limited to, the following:
| ||||||
16 | (i) availability, accessibility, cost, safety, | ||||||
17 | adequacy, location, and other
characteristics of | ||||||
18 | alternate housing for each party and any minor child | ||||||
19 | or
dependent adult in the party's care;
| ||||||
20 | (ii) the effect on the party's employment; and
| ||||||
21 | (iii) the effect on the relationship of the party, | ||||||
22 | and any minor
child or dependent adult in the party's | ||||||
23 | care, to family, school, church,
and community.
| ||||||
24 | (3) Subject to the exceptions set forth in paragraph | ||||||
25 | (4) of this
subsection (c), the court shall make its | ||||||
26 | findings in an official record or in
writing, and shall at |
| |||||||
| |||||||
1 | a minimum set forth the following:
| ||||||
2 | (i) That the court has considered the applicable | ||||||
3 | relevant factors
described in paragraphs (1) and (2) | ||||||
4 | of this subsection (c).
| ||||||
5 | (ii) Whether the conduct or actions of respondent, | ||||||
6 | unless
prohibited, will likely cause irreparable harm | ||||||
7 | or continued abuse.
| ||||||
8 | (iii) Whether it is necessary to grant the | ||||||
9 | requested relief in order
to protect petitioner or | ||||||
10 | other alleged abused persons.
| ||||||
11 | (4) (Blank).
| ||||||
12 | (5) Never married parties. No rights or | ||||||
13 | responsibilities for a minor
child born outside of | ||||||
14 | marriage attach to a putative father until a father and
| ||||||
15 | child relationship has been established under the Illinois | ||||||
16 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
17 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
18 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
19 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
20 | the Expedited Child Support Act of 1990, any judicial, | ||||||
21 | administrative, or other act of another state or | ||||||
22 | territory, any other statute of this State, or by any | ||||||
23 | foreign nation establishing the father and child | ||||||
24 | relationship, any other proceeding substantially in | ||||||
25 | conformity with the federal Personal Responsibility and | ||||||
26 | Work Opportunity Reconciliation Act of 1996, or when both |
| |||||||
| |||||||
1 | parties appeared in open court or at an administrative | ||||||
2 | hearing acknowledging under oath or admitting by | ||||||
3 | affirmation the existence of a father and child | ||||||
4 | relationship. Absent such an adjudication, no putative | ||||||
5 | father shall be granted
temporary allocation of parental | ||||||
6 | responsibilities, including parenting time with the minor | ||||||
7 | child, or
physical care
and possession of the minor child, | ||||||
8 | nor shall
an order of payment for support of the minor | ||||||
9 | child be entered.
| ||||||
10 | (d) Balance of hardships; findings. If the court finds | ||||||
11 | that the balance
of hardships does not support the granting of | ||||||
12 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
13 | subsection (b) of this Section,
which may require such | ||||||
14 | balancing, the court's findings shall so
indicate and shall | ||||||
15 | include a finding as to whether granting the remedy will
| ||||||
16 | result in hardship to respondent that would substantially | ||||||
17 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
18 | The findings shall be an official record or in
writing.
| ||||||
19 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
20 | based, in
whole or in part, on evidence that:
| ||||||
21 | (1) respondent has cause for any use of force, unless | ||||||
22 | that cause
satisfies the standards for justifiable use of | ||||||
23 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
24 | (2) respondent was voluntarily intoxicated;
| ||||||
25 | (3) petitioner acted in self-defense or defense of | ||||||
26 | another, provided
that, if petitioner utilized force, such |
| |||||||
| |||||||
1 | force was justifiable under
Article 7 of the Criminal Code | ||||||
2 | of 2012;
| ||||||
3 | (4) petitioner did not act in self-defense or defense | ||||||
4 | of another;
| ||||||
5 | (5) petitioner left the residence or household to | ||||||
6 | avoid further abuse
by respondent;
| ||||||
7 | (6) petitioner did not leave the residence or | ||||||
8 | household to avoid further
abuse by respondent; or
| ||||||
9 | (7) conduct by any family or household member excused | ||||||
10 | the abuse by
respondent, unless that same conduct would | ||||||
11 | have excused such abuse if the
parties had not been family | ||||||
12 | or household members.
| ||||||
13 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
15 | Section 35. The Unified Code of Corrections is amended by | ||||||
16 | changing Section 5-6-3.6 as follows: | ||||||
17 | (730 ILCS 5/5-6-3.6) | ||||||
18 | (Section scheduled to be repealed on January 1, 2024) | ||||||
19 | Sec. 5-6-3.6. First Time Weapon Offense Offender Program. | ||||||
20 | (a) The General Assembly has sought to promote public | ||||||
21 | safety, reduce recidivism, and conserve valuable resources of | ||||||
22 | the criminal justice system through the creation of diversion | ||||||
23 | programs for non-violent offenders. This amendatory Act of the | ||||||
24 | 103rd General Assembly amendatory Act of the 100th General |
| |||||||
| |||||||
1 | Assembly establishes a pilot program for first-time, | ||||||
2 | non-violent offenders charged with certain weapons possession | ||||||
3 | offenses. The General Assembly recognizes some persons, | ||||||
4 | particularly young adults in areas of high crime or poverty, | ||||||
5 | may have experienced trauma that contributes to poor decision | ||||||
6 | making skills, and the creation of a diversionary program | ||||||
7 | poses a greater benefit to the community and the person than | ||||||
8 | incarceration. Under this program, a court, with the consent | ||||||
9 | of the defendant and the State's Attorney, may sentence a | ||||||
10 | defendant charged with an unlawful use of weapons offense | ||||||
11 | under Section 24-1 of the Criminal Code of 2012 or aggravated | ||||||
12 | unlawful use of a weapon offense under Section 24-1.6 of the | ||||||
13 | Criminal Code of 2012, if punishable as a Class 4 felony or | ||||||
14 | lower, to a First Time Weapon Offense Offender Program. | ||||||
15 | (b) A defendant is not eligible for this Program if: | ||||||
16 | (1) the offense was committed during the commission of | ||||||
17 | a violent offense as defined in subsection (h) of this | ||||||
18 | Section; | ||||||
19 | (2) he or she has previously been convicted or placed | ||||||
20 | on probation or conditional discharge for any violent | ||||||
21 | offense under the laws of this State, the laws of any other | ||||||
22 | state, or the laws of the United States; | ||||||
23 | (3) he or she had a prior successful completion of the | ||||||
24 | First Time Weapon Offense Offender Program under this | ||||||
25 | Section; | ||||||
26 | (4) he or she has previously been adjudicated a |
| |||||||
| |||||||
1 | delinquent minor for the commission of a violent offense; | ||||||
2 | (5) (blank); or he or she is 21 years of age or older; | ||||||
3 | or | ||||||
4 | (6) he or she has an existing order of protection | ||||||
5 | issued against him or her. | ||||||
6 | (b-5) In considering whether a defendant shall be | ||||||
7 | sentenced to the First Time Weapon Offense Offender Program, | ||||||
8 | the court shall consider the following: | ||||||
9 | (1) the age, immaturity, or limited mental capacity of | ||||||
10 | the defendant; | ||||||
11 | (2) the nature and circumstances of the offense; | ||||||
12 | (3) whether participation in the Program is in the | ||||||
13 | interest of the defendant's rehabilitation, including any | ||||||
14 | employment or involvement in community, educational, | ||||||
15 | training, or vocational programs; | ||||||
16 | (4) whether the defendant suffers from trauma, as | ||||||
17 | supported by documentation or evaluation by a licensed | ||||||
18 | professional; and | ||||||
19 | (5) the potential risk to public safety. | ||||||
20 | (c) For an offense committed on or after January 1, 2018 | ||||||
21 | (the effective date of Public Act 100-3) and before January 1, | ||||||
22 | 2024, whenever an eligible person pleads guilty to an unlawful | ||||||
23 | use of weapons offense under Section 24-1 of the Criminal Code | ||||||
24 | of 2012 or aggravated unlawful use of a weapon offense under | ||||||
25 | Section 24-1.6 of the Criminal Code of 2012, which is | ||||||
26 | punishable as a Class 4 felony or lower, the court, with the |
| |||||||
| |||||||
1 | consent of the defendant and the State's Attorney, may, | ||||||
2 | without entering a judgment, sentence the defendant to | ||||||
3 | complete the First Time Weapon Offense Offender Program. When | ||||||
4 | a defendant is placed in the Program, the court shall defer | ||||||
5 | further proceedings in the case until the conclusion of the | ||||||
6 | period or until the filing of a petition alleging violation of | ||||||
7 | a term or condition of the Program. Upon violation of a term or | ||||||
8 | condition of the Program, the court may enter a judgment on its | ||||||
9 | original finding of guilt and proceed as otherwise provided by | ||||||
10 | law. Upon fulfillment of the terms and conditions of the | ||||||
11 | Program, the court shall discharge the person and dismiss the | ||||||
12 | proceedings against the person. | ||||||
13 | (d) The Program shall be at least 6 18 months and not to | ||||||
14 | exceed 18 24 months, as determined by the court at the | ||||||
15 | recommendation of the Program administrator and the State's | ||||||
16 | Attorney. The Program administrator may be appointed by the | ||||||
17 | Chief Judge of each Judicial Circuit. | ||||||
18 | (e) The conditions of the Program shall be that the | ||||||
19 | defendant: | ||||||
20 | (1) not violate any criminal statute of this State or | ||||||
21 | any other jurisdiction; | ||||||
22 | (2) refrain from possessing a firearm or other | ||||||
23 | dangerous weapon; | ||||||
24 | (3) (blank); obtain or attempt to obtain employment; | ||||||
25 | (4) (blank); attend educational courses designed to | ||||||
26 | prepare the defendant for obtaining a high school diploma |
| |||||||
| |||||||
1 | or to work toward passing high school equivalency testing | ||||||
2 | or to work toward completing a vocational training | ||||||
3 | program; | ||||||
4 | (5) (blank); refrain from having in his or her body | ||||||
5 | the presence of any illicit drug prohibited by the | ||||||
6 | Methamphetamine Control and Community Protection Act, the | ||||||
7 | Cannabis Control Act, or the Illinois Controlled | ||||||
8 | Substances Act, unless prescribed by a physician, and | ||||||
9 | submit samples of his or her blood or urine or both for | ||||||
10 | tests to determine the presence of any illicit drug; | ||||||
11 | (6) (blank); perform a minimum of 50 hours of | ||||||
12 | community service; | ||||||
13 | (7) attend and participate in any Program activities | ||||||
14 | deemed required by the Program administrator, such as | ||||||
15 | including but not limited to : counseling sessions, | ||||||
16 | in-person and over the phone check-ins, and educational | ||||||
17 | classes; and | ||||||
18 | (8) (blank). pay all fines, assessments, fees, and | ||||||
19 | costs. | ||||||
20 | (f) The Program may, in addition to other conditions, | ||||||
21 | require that the defendant: | ||||||
22 | (1) obtain or attempt to obtain employment wear an | ||||||
23 | ankle bracelet with GPS tracking ; | ||||||
24 | (2) attend educational courses designed to prepare the
| ||||||
25 | defendant for obtaining a high school diploma or to work
| ||||||
26 | toward passing high school equivalency testing or to work
|
| |||||||
| |||||||
1 | toward completing a vocational training program undergo | ||||||
2 | medical or psychiatric treatment, or treatment or | ||||||
3 | rehabilitation approved by the Department of Human | ||||||
4 | Services ; and | ||||||
5 | (3) refrain from having in his or her body the | ||||||
6 | presence of any illicit drug prohibited by the
| ||||||
7 | Methamphetamine Control and Community Protection Act
or | ||||||
8 | the Illinois Controlled Substances Act, unless prescribed | ||||||
9 | by a physician, and submit samples of his or her blood or | ||||||
10 | urine or both for tests to determine the presence of any | ||||||
11 | illicit drug; | ||||||
12 | (4) perform community service; attend or reside in a | ||||||
13 | facility established for the instruction or residence of | ||||||
14 | defendants on probation. | ||||||
15 | (5) pay all fines, assessments, fees, and costs; and | ||||||
16 | (6) comply with such other reasonable conditions as | ||||||
17 | the court may impose. | ||||||
18 | (g) There may be only one discharge and dismissal under | ||||||
19 | this Section. If a person is convicted of any offense which | ||||||
20 | occurred within 5 years subsequent to a discharge and | ||||||
21 | dismissal under this Section, the discharge and dismissal | ||||||
22 | under this Section shall be admissible in the sentencing | ||||||
23 | proceeding for that conviction as evidence in aggravation. | ||||||
24 | (h) For purposes of this Section, "violent offense" means | ||||||
25 | any offense in which bodily harm was inflicted or force was | ||||||
26 | used against any person or threatened against any person; any |
| |||||||
| |||||||
1 | offense involving the possession of a firearm or dangerous | ||||||
2 | weapon; any offense involving sexual conduct, sexual | ||||||
3 | penetration, or sexual exploitation; violation of an order of | ||||||
4 | protection, stalking, hate crime, domestic battery, or any | ||||||
5 | offense of domestic violence. | ||||||
6 | (i) (Blank). This Section is repealed on January 1, 2024.
| ||||||
7 | (Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.) | ||||||
8 | Section 40. The Illinois Domestic Violence Act of 1986 is | ||||||
9 | amended by changing Sections 202 and 214 as follows:
| ||||||
10 | (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
| ||||||
11 | Sec. 202. Commencement of action; filing fees; dismissal.
| ||||||
12 | (a) How to commence action. Actions for orders of | ||||||
13 | protection are commenced:
| ||||||
14 | (1) Independently: By filing a petition for an order | ||||||
15 | of protection in
any civil court, unless specific courts | ||||||
16 | are designated by local rule or order.
| ||||||
17 | (2) In conjunction with another civil proceeding: By
| ||||||
18 | filing a petition for an order of protection under the | ||||||
19 | same case number
as another civil proceeding involving the | ||||||
20 | parties, including , but not
limited to: (i) any proceeding | ||||||
21 | under the Illinois Marriage and Dissolution of
Marriage | ||||||
22 | Act, Illinois Parentage Act of 2015, Nonsupport of Spouse | ||||||
23 | and
Children Act, or Revised Uniform Reciprocal | ||||||
24 | Enforcement of Support Act or an
action for nonsupport |
| |||||||
| |||||||
1 | brought under Article X of the
Illinois Public Aid
Code, | ||||||
2 | provided that a petitioner and
the respondent are a party | ||||||
3 | to or the subject of that proceeding ; or (ii) a
| ||||||
4 | guardianship proceeding under the Probate Act of
1975, or | ||||||
5 | a proceeding for involuntary
commitment under the Mental | ||||||
6 | Health and Developmental Disabilities Code, or
any | ||||||
7 | proceeding, other than a delinquency petition, under the | ||||||
8 | Juvenile Court
Act of 1987, provided that a petitioner or | ||||||
9 | the
respondent is a party to or the subject of such | ||||||
10 | proceeding ; or (iii) an emergency or plenary proceeding | ||||||
11 | under the Firearms Restraining Order Act provided that a | ||||||
12 | petitioner and the respondent are a party to or the | ||||||
13 | subject of that proceeding .
| ||||||
14 | (3) In conjunction with a delinquency petition or a
| ||||||
15 | criminal prosecution as provided in Section 112A-20 of the | ||||||
16 | Code of Criminal Procedure of 1963.
| ||||||
17 | (a-1) A petition for an order of protection may be filed in | ||||||
18 | person in-person or online. | ||||||
19 | (a-5) When a petition for an emergency order of protection | ||||||
20 | is filed, the petition shall not be publicly available until | ||||||
21 | the petition is served on the respondent. | ||||||
22 | (b) Filing, certification, and service fees. No fee shall | ||||||
23 | be charged
by the clerk for filing, amending, vacating, | ||||||
24 | certifying, or photocopying
petitions or orders; or for | ||||||
25 | issuing alias summons; or for any
related filing service. No
| ||||||
26 | fee shall be charged by the sheriff for service by the sheriff |
| |||||||
| |||||||
1 | of a
petition,
rule, motion, or order in an action commenced | ||||||
2 | under this Section.
| ||||||
3 | (c) Dismissal and consolidation. Withdrawal or dismissal | ||||||
4 | of any
petition for an order of protection prior to | ||||||
5 | adjudication where the
petitioner is represented by the State | ||||||
6 | shall operate as a dismissal without
prejudice. No action for | ||||||
7 | an order of protection shall be dismissed because
the | ||||||
8 | respondent is being prosecuted for a crime against the | ||||||
9 | petitioner. An
independent action may be consolidated with | ||||||
10 | another civil proceeding, as
provided by paragraph (2) of | ||||||
11 | subsection (a) of this Section. For any
action commenced under | ||||||
12 | paragraph (2) or (3) of subsection (a) of this Section,
| ||||||
13 | dismissal of the conjoined case (or a finding of not guilty) | ||||||
14 | shall not
require dismissal of the action
for the order of | ||||||
15 | protection; instead, it may be treated as an
independent | ||||||
16 | action and, if necessary and appropriate, transferred to a
| ||||||
17 | different court or division. Dismissal of any conjoined case | ||||||
18 | shall not affect
the
validity of any previously issued order | ||||||
19 | of protection, and thereafter
subsections (b)(1) and (b)(2) of | ||||||
20 | Section 220 shall be inapplicable to
such order.
| ||||||
21 | (d) Pro se petitions. The court shall provide, through the | ||||||
22 | office of
the clerk of the court, simplified forms and | ||||||
23 | clerical assistance to help
with the writing and filing of a | ||||||
24 | petition under this Section by any person
not represented by | ||||||
25 | counsel. In addition, that assistance may be provided
by the | ||||||
26 | State's Attorney state's attorney .
|
| |||||||
| |||||||
1 | (e)
As provided in this subsection, the administrative | ||||||
2 | director of the Administrative Office of the Illinois Courts, | ||||||
3 | with the approval of the administrative board of the courts, | ||||||
4 | may adopt rules to establish and implement a pilot program to | ||||||
5 | allow the electronic filing of petitions for temporary orders | ||||||
6 | of protection and the issuance of such orders by audio-visual | ||||||
7 | means to accommodate litigants for whom attendance in court to | ||||||
8 | file for and obtain emergency relief would constitute an undue | ||||||
9 | hardship or would constitute a risk of harm to the litigant. | ||||||
10 | (1) As used in this subsection: | ||||||
11 | (A) "Electronic means" means any method of | ||||||
12 | transmission of information between computers or other | ||||||
13 | machines designed for the purpose of sending or | ||||||
14 | receiving electronic transmission and that allows for | ||||||
15 | the recipient of information to reproduce the | ||||||
16 | information received in a tangible medium of | ||||||
17 | expression. | ||||||
18 | (B) "Independent audio-visual system" means an | ||||||
19 | electronic system for the transmission and receiving | ||||||
20 | of audio and visual signals, including those with the | ||||||
21 | means to preclude the unauthorized reception and | ||||||
22 | decoding of the signals by commercially available | ||||||
23 | television receivers, channel converters, or other | ||||||
24 | available receiving devices. | ||||||
25 | (C) "Electronic appearance" means an appearance in | ||||||
26 | which one or more of the parties are not present in the |
| |||||||
| |||||||
1 | court, but in which, by means of an independent | ||||||
2 | audio-visual system, all of the participants are | ||||||
3 | simultaneously able to see and hear reproductions of | ||||||
4 | the voices and images of the judge, counsel, parties, | ||||||
5 | witnesses, and any other participants. | ||||||
6 | (2) Any pilot program under this subsection (e) shall | ||||||
7 | be developed by the administrative director or his or her | ||||||
8 | delegate in consultation with at least one local | ||||||
9 | organization providing assistance to domestic violence | ||||||
10 | victims. The program plan shall include , but not be | ||||||
11 | limited to: | ||||||
12 | (A) identification of agencies equipped with or | ||||||
13 | that have access to an independent audio-visual system | ||||||
14 | and electronic means for filing documents; and | ||||||
15 | (B) identification of one or more organizations | ||||||
16 | who are trained and available to assist petitioners in | ||||||
17 | preparing and filing petitions for temporary orders of | ||||||
18 | protection and in their electronic appearances before | ||||||
19 | the court to obtain such orders; and | ||||||
20 | (C) identification of the existing resources | ||||||
21 | available in local family courts for the | ||||||
22 | implementation and oversight of the pilot program; and | ||||||
23 | (D) procedures for filing petitions and documents | ||||||
24 | by electronic means, swearing in the petitioners and | ||||||
25 | witnesses, preparation of a transcript of testimony | ||||||
26 | and evidence presented, and a prompt transmission of |
| |||||||
| |||||||
1 | any orders issued to the parties; and | ||||||
2 | (E) a timeline for implementation and a plan for | ||||||
3 | informing the public about the availability of the | ||||||
4 | program; and | ||||||
5 | (F) a description of the data to be collected in | ||||||
6 | order to evaluate and make recommendations for | ||||||
7 | improvements to the pilot program. | ||||||
8 | (3) In conjunction with an electronic appearance, any | ||||||
9 | petitioner for an ex parte temporary order of protection | ||||||
10 | may, using the assistance of a trained advocate if | ||||||
11 | necessary, commence the proceedings by filing a petition | ||||||
12 | by electronic means. | ||||||
13 | (A) A petitioner who is seeking an ex parte | ||||||
14 | temporary order of protection using an electronic | ||||||
15 | appearance must file a petition in advance of the | ||||||
16 | appearance and may do so electronically. | ||||||
17 | (B) The petitioner must show that traveling to or | ||||||
18 | appearing in court would constitute an undue hardship | ||||||
19 | or create a risk of harm to the petitioner. In granting | ||||||
20 | or denying any relief sought by the petitioner, the | ||||||
21 | court shall state the names of all participants and | ||||||
22 | whether it is granting or denying an appearance by | ||||||
23 | electronic means and the basis for such a | ||||||
24 | determination. A party is not required to file a | ||||||
25 | petition or other document by electronic means or to | ||||||
26 | testify by means of an electronic appearance. |
| |||||||
| |||||||
1 | (C) Nothing in this subsection (e) affects or | ||||||
2 | changes any existing laws governing the service of | ||||||
3 | process, including requirements for personal service | ||||||
4 | or the sealing and confidentiality of court records in | ||||||
5 | court proceedings or access to court records by the | ||||||
6 | parties to the proceedings. | ||||||
7 | (4) Appearances. | ||||||
8 | (A) All electronic appearances by a petitioner | ||||||
9 | seeking an ex parte temporary order of protection | ||||||
10 | under this subsection (e) are strictly voluntary and | ||||||
11 | the court shall obtain the consent of the petitioner | ||||||
12 | on the record at the commencement of each appearance. | ||||||
13 | (B) Electronic appearances under this subsection | ||||||
14 | (e) shall be recorded and preserved for transcription. | ||||||
15 | Documentary evidence, if any, referred to by a party | ||||||
16 | or witness or the court may be transmitted and | ||||||
17 | submitted and introduced by electronic means. | ||||||
18 | (Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23; | ||||||
19 | revised 12-13-22.)
| ||||||
20 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
21 | Sec. 214. Order of protection; remedies.
| ||||||
22 | (a) Issuance of order. If the court finds that petitioner | ||||||
23 | has been
abused by a family or household member or that | ||||||
24 | petitioner is a high-risk
adult who has been abused, | ||||||
25 | neglected, or exploited, as defined in this Act,
an order of |
| |||||||
| |||||||
1 | protection prohibiting the abuse, neglect, or exploitation
| ||||||
2 | shall issue; provided that petitioner must also satisfy the | ||||||
3 | requirements of
one of the following Sections, as appropriate: | ||||||
4 | Section 217 on emergency
orders, Section 218 on interim | ||||||
5 | orders, or Section 219 on plenary orders.
Petitioner shall not | ||||||
6 | be denied an order of protection because petitioner or
| ||||||
7 | respondent is a minor. The court, when determining whether or | ||||||
8 | not to issue
an order of protection, shall not require | ||||||
9 | physical manifestations of abuse
on the person of the victim. | ||||||
10 | Modification and extension of prior
orders of protection shall | ||||||
11 | be in accordance with this Act.
| ||||||
12 | (b) Remedies and standards. The remedies to be included in | ||||||
13 | an order of
protection shall be determined in accordance with | ||||||
14 | this Section and one of
the following Sections, as | ||||||
15 | appropriate: Section 217 on emergency orders,
Section 218 on | ||||||
16 | interim orders, and Section 219 on plenary orders. The
| ||||||
17 | remedies listed in this subsection shall be in addition to | ||||||
18 | other civil or
criminal remedies available to petitioner.
| ||||||
19 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
20 | Prohibit
respondent's harassment, interference with | ||||||
21 | personal liberty, intimidation
of a dependent, physical | ||||||
22 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
23 | defined in this Act, or stalking of the petitioner, as | ||||||
24 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
25 | such abuse, neglect,
exploitation, or stalking has | ||||||
26 | occurred or otherwise appears likely to occur if
not |
| |||||||
| |||||||
1 | prohibited.
| ||||||
2 | (2) Grant of exclusive possession of residence. | ||||||
3 | Prohibit respondent from
entering or remaining in any | ||||||
4 | residence, household, or premises of the petitioner,
| ||||||
5 | including one owned or leased by respondent, if petitioner | ||||||
6 | has a right to
occupancy thereof. The grant of exclusive | ||||||
7 | possession of the residence, household, or premises shall | ||||||
8 | not
affect title to real property, nor shall the court be | ||||||
9 | limited by the standard
set forth in subsection (c-2) of | ||||||
10 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
11 | Marriage
Act.
| ||||||
12 | (A) Right to occupancy. A party has a right to | ||||||
13 | occupancy of a
residence or household if it is solely | ||||||
14 | or jointly owned or leased by that
party, that party's | ||||||
15 | spouse, a person with a legal duty to support that | ||||||
16 | party or
a minor child in that party's care, or by any | ||||||
17 | person or entity other than the
opposing party that | ||||||
18 | authorizes that party's occupancy (e.g., a domestic
| ||||||
19 | violence shelter). Standards set forth in subparagraph | ||||||
20 | (B) shall not preclude
equitable relief.
| ||||||
21 | (B) Presumption of hardships. If petitioner and | ||||||
22 | respondent
each has the right to occupancy of a | ||||||
23 | residence or household, the court
shall balance (i) | ||||||
24 | the hardships to respondent and any minor child or
| ||||||
25 | dependent adult in respondent's care resulting from | ||||||
26 | entry of this remedy with
(ii) the hardships to |
| |||||||
| |||||||
1 | petitioner and any minor child or dependent adult in
| ||||||
2 | petitioner's care resulting from continued exposure to | ||||||
3 | the risk of abuse
(should petitioner remain at the | ||||||
4 | residence or household) or from loss of
possession of | ||||||
5 | the residence or household (should petitioner leave to | ||||||
6 | avoid the
risk of abuse). When determining the balance | ||||||
7 | of hardships, the court shall
also take into account | ||||||
8 | the accessibility of the residence or household.
| ||||||
9 | Hardships need not be balanced if respondent does not | ||||||
10 | have a right to
occupancy.
| ||||||
11 | The balance of hardships is presumed to favor | ||||||
12 | possession by
petitioner unless the presumption is | ||||||
13 | rebutted by a preponderance of the
evidence, showing | ||||||
14 | that the hardships to respondent substantially | ||||||
15 | outweigh
the hardships to petitioner and any minor | ||||||
16 | child or dependent adult in
petitioner's care. The | ||||||
17 | court, on the request of petitioner or on its own
| ||||||
18 | motion, may order respondent to provide suitable, | ||||||
19 | accessible, alternate housing
for petitioner instead | ||||||
20 | of excluding respondent from a mutual residence or
| ||||||
21 | household.
| ||||||
22 | (3) Stay away order and additional prohibitions.
Order | ||||||
23 | respondent to stay away from petitioner or any other | ||||||
24 | person
protected by the order of protection, or prohibit | ||||||
25 | respondent from entering
or remaining present at | ||||||
26 | petitioner's school, place of employment, or other
|
| |||||||
| |||||||
1 | specified places at times when petitioner is present, or | ||||||
2 | both, if
reasonable, given the balance of hardships. | ||||||
3 | Hardships need not be balanced for
the court to enter a | ||||||
4 | stay away order or prohibit entry if respondent has no
| ||||||
5 | right to enter the premises.
| ||||||
6 | (A) If an order of protection grants petitioner | ||||||
7 | exclusive possession
of the residence, or prohibits | ||||||
8 | respondent from entering the residence,
or orders | ||||||
9 | respondent to stay away from petitioner or other
| ||||||
10 | protected persons, then the court may allow respondent | ||||||
11 | access to the
residence to remove items of clothing | ||||||
12 | and personal adornment
used exclusively by respondent, | ||||||
13 | medications, and other items as the court
directs. The | ||||||
14 | right to access shall be exercised on only one | ||||||
15 | occasion as the
court directs and in the presence of an | ||||||
16 | agreed-upon adult third party or law
enforcement | ||||||
17 | officer.
| ||||||
18 | (B) When the petitioner and the respondent attend | ||||||
19 | the same public, private, or non-public elementary, | ||||||
20 | middle, or high school, the court when issuing an | ||||||
21 | order of protection and providing relief shall | ||||||
22 | consider the severity of the act, any continuing | ||||||
23 | physical danger or emotional distress to the | ||||||
24 | petitioner, the educational rights guaranteed to the | ||||||
25 | petitioner and respondent under federal and State law, | ||||||
26 | the availability of a transfer of the respondent to |
| |||||||
| |||||||
1 | another school, a change of placement or a change of | ||||||
2 | program of the respondent, the expense, difficulty, | ||||||
3 | and educational disruption that would be caused by a | ||||||
4 | transfer of the respondent to another school, and any | ||||||
5 | other relevant facts of the case. The court may order | ||||||
6 | that the respondent not attend the public, private, or | ||||||
7 | non-public elementary, middle, or high school attended | ||||||
8 | by the petitioner, order that the respondent accept a | ||||||
9 | change of placement or change of program, as | ||||||
10 | determined by the school district or private or | ||||||
11 | non-public school, or place restrictions on the | ||||||
12 | respondent's movements within the school attended by | ||||||
13 | the petitioner.
The respondent bears the burden of | ||||||
14 | proving by a preponderance of the evidence that a | ||||||
15 | transfer, change of placement, or change of program of | ||||||
16 | the respondent is not available. The respondent also | ||||||
17 | bears the burden of production with respect to the | ||||||
18 | expense, difficulty, and educational disruption that | ||||||
19 | would be caused by a transfer of the respondent to | ||||||
20 | another school. A transfer, change of placement, or | ||||||
21 | change of program is not unavailable to the respondent | ||||||
22 | solely on the ground that the respondent does not | ||||||
23 | agree with the school district's or private or | ||||||
24 | non-public school's transfer, change of placement, or | ||||||
25 | change of program or solely on the ground that the | ||||||
26 | respondent fails or refuses to consent or otherwise |
| |||||||
| |||||||
1 | does not take an action required to effectuate a | ||||||
2 | transfer, change of placement, or change of program.
| ||||||
3 | When a court orders a respondent to stay away from the | ||||||
4 | public, private, or non-public school attended by the | ||||||
5 | petitioner and the respondent requests a transfer to | ||||||
6 | another attendance center within the respondent's | ||||||
7 | school district or private or non-public school, the | ||||||
8 | school district or private or non-public school shall | ||||||
9 | have sole discretion to determine the attendance | ||||||
10 | center to which the respondent is transferred.
In the | ||||||
11 | event the court order results in a transfer of the | ||||||
12 | minor respondent to another attendance center, a | ||||||
13 | change in the respondent's placement, or a change of | ||||||
14 | the respondent's program, the parents, guardian, or | ||||||
15 | legal custodian of the respondent is responsible for | ||||||
16 | transportation and other costs associated with the | ||||||
17 | transfer or change. | ||||||
18 | (C) The court may order the parents, guardian, or | ||||||
19 | legal custodian of a minor respondent to take certain | ||||||
20 | actions or to refrain from taking certain actions to | ||||||
21 | ensure that the respondent complies with the order. In | ||||||
22 | the event the court orders a transfer of the | ||||||
23 | respondent to another school, the parents, guardian, | ||||||
24 | or legal custodian of the respondent is responsible | ||||||
25 | for transportation and other costs associated with the | ||||||
26 | change of school by the respondent. |
| |||||||
| |||||||
1 | (4) Counseling. Require or recommend the respondent to | ||||||
2 | undergo
counseling for a specified duration with a social | ||||||
3 | worker, psychologist,
clinical psychologist, | ||||||
4 | psychiatrist, family service agency, alcohol or
substance | ||||||
5 | abuse program, mental health center guidance counselor, | ||||||
6 | agency
providing services to elders, program designed for | ||||||
7 | domestic violence
abusers or any other guidance service | ||||||
8 | the court deems appropriate. The Court may order the | ||||||
9 | respondent in any intimate partner relationship to report | ||||||
10 | to an Illinois Department of Human Services protocol | ||||||
11 | approved partner abuse intervention program for an | ||||||
12 | assessment and to follow all recommended treatment.
| ||||||
13 | (5) Physical care and possession of the minor child. | ||||||
14 | In order to protect
the minor child from abuse, neglect, | ||||||
15 | or unwarranted separation from the person
who has been the | ||||||
16 | minor child's primary caretaker, or to otherwise protect | ||||||
17 | the
well-being of the minor child, the court may do either | ||||||
18 | or both of the
following: (i) grant petitioner physical | ||||||
19 | care or possession of the minor child,
or both, or (ii) | ||||||
20 | order respondent to return a minor child to, or not remove | ||||||
21 | a
minor child from, the physical care of a parent or person | ||||||
22 | in loco parentis.
| ||||||
23 | If a court finds, after a hearing, that respondent has | ||||||
24 | committed abuse
(as defined in Section 103) of a minor | ||||||
25 | child, there shall be a
rebuttable presumption that | ||||||
26 | awarding physical care to respondent would not
be in the |
| |||||||
| |||||||
1 | minor child's best interest.
| ||||||
2 | (6) Temporary allocation of parental responsibilities: | ||||||
3 | significant decision-making. Award temporary | ||||||
4 | decision-making responsibility to petitioner
in accordance | ||||||
5 | with this Section, the Illinois Marriage and Dissolution | ||||||
6 | of
Marriage Act, the Illinois Parentage Act of 2015, and | ||||||
7 | this State's Uniform
Child-Custody Jurisdiction and | ||||||
8 | Enforcement Act.
| ||||||
9 | If a court finds, after a hearing, that respondent has | ||||||
10 | committed abuse (as
defined in Section 103) of a minor | ||||||
11 | child, there shall be a rebuttable
presumption that | ||||||
12 | awarding temporary significant decision-making | ||||||
13 | responsibility to respondent would not be in
the child's | ||||||
14 | best interest.
| ||||||
15 | (7) Parenting time. Determine the parenting time, if | ||||||
16 | any, of respondent in
any case in which the court awards | ||||||
17 | physical care or allocates temporary significant | ||||||
18 | decision-making responsibility of
a minor child to | ||||||
19 | petitioner. The court shall restrict or deny respondent's | ||||||
20 | parenting time
with a minor child if the court finds that | ||||||
21 | respondent has done or is
likely to do any of the | ||||||
22 | following: (i) abuse or endanger the minor child during | ||||||
23 | parenting time; (ii) use the parenting time as an | ||||||
24 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
25 | family or household members; (iii) improperly
conceal or | ||||||
26 | detain the minor child; or (iv) otherwise act in a manner |
| |||||||
| |||||||
1 | that is
not in the best interests of the minor child. The | ||||||
2 | court shall not be limited
by the standards set forth in | ||||||
3 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
4 | Marriage Act. If the court grants parenting time, the | ||||||
5 | order shall
specify dates and times for the parenting time | ||||||
6 | to take place or other specific
parameters or conditions | ||||||
7 | that are appropriate. No order for parenting time shall
| ||||||
8 | refer merely to the term "reasonable parenting time".
| ||||||
9 | Petitioner may deny respondent access to the minor | ||||||
10 | child if, when
respondent arrives for parenting time, | ||||||
11 | respondent is under the influence of drugs
or alcohol and | ||||||
12 | constitutes a threat to the safety and well-being of
| ||||||
13 | petitioner or petitioner's minor children or is behaving | ||||||
14 | in a violent or
abusive manner.
| ||||||
15 | If necessary to protect any member of petitioner's | ||||||
16 | family or
household from future abuse, respondent shall be | ||||||
17 | prohibited from coming to
petitioner's residence to meet | ||||||
18 | the minor child for parenting time, and the
parties shall | ||||||
19 | submit to the court their recommendations for reasonable
| ||||||
20 | alternative arrangements for parenting time. A person may | ||||||
21 | be approved to
supervise parenting time only after filing | ||||||
22 | an affidavit accepting
that responsibility and | ||||||
23 | acknowledging accountability to the court.
| ||||||
24 | (8) Removal or concealment of minor child. Prohibit | ||||||
25 | respondent from
removing a minor child from the State or | ||||||
26 | concealing the child within the State.
|
| |||||||
| |||||||
1 | (9) Order to appear. Order the respondent to appear in | ||||||
2 | court, alone
or with a minor child, to prevent abuse, | ||||||
3 | neglect, removal or concealment of
the child, to return | ||||||
4 | the child to the custody or care of the petitioner or
to | ||||||
5 | permit any court-ordered interview or examination of the | ||||||
6 | child or the
respondent.
| ||||||
7 | (10) Possession of personal property. Grant petitioner | ||||||
8 | exclusive
possession of personal property and, if | ||||||
9 | respondent has possession or
control, direct respondent to | ||||||
10 | promptly make it available to petitioner, if:
| ||||||
11 | (i) petitioner, but not respondent, owns the | ||||||
12 | property; or
| ||||||
13 | (ii) the parties own the property jointly; sharing | ||||||
14 | it would risk
abuse of petitioner by respondent or is | ||||||
15 | impracticable; and the balance of
hardships favors | ||||||
16 | temporary possession by petitioner.
| ||||||
17 | If petitioner's sole claim to ownership of the | ||||||
18 | property is that it is
marital property, the court may | ||||||
19 | award petitioner temporary possession
thereof under the | ||||||
20 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
21 | proper proceeding has been filed under the Illinois | ||||||
22 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
23 | hereafter amended.
| ||||||
24 | No order under this provision shall affect title to | ||||||
25 | property.
| ||||||
26 | (11) Protection of property. Forbid the respondent |
| |||||||
| |||||||
1 | from taking,
transferring, encumbering, concealing, | ||||||
2 | damaging or otherwise disposing of
any real or personal | ||||||
3 | property, except as explicitly authorized by the
court, | ||||||
4 | if:
| ||||||
5 | (i) petitioner, but not respondent, owns the | ||||||
6 | property; or
| ||||||
7 | (ii) the parties own the property jointly,
and the | ||||||
8 | balance of hardships favors granting this remedy.
| ||||||
9 | If petitioner's sole claim to ownership of the | ||||||
10 | property is that it is
marital property, the court may | ||||||
11 | grant petitioner relief under subparagraph
(ii) of this | ||||||
12 | paragraph only if a proper proceeding has been filed under | ||||||
13 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
14 | now or hereafter amended.
| ||||||
15 | The court may further prohibit respondent from | ||||||
16 | improperly using the
financial or other resources of an | ||||||
17 | aged member of the family or household
for the profit or | ||||||
18 | advantage of respondent or of any other person.
| ||||||
19 | (11.5) Protection of animals. Grant the petitioner the | ||||||
20 | exclusive care, custody, or control of any animal owned, | ||||||
21 | possessed, leased, kept, or held by either the petitioner | ||||||
22 | or the respondent or a minor child residing in the | ||||||
23 | residence or household of either the petitioner or the | ||||||
24 | respondent and order the respondent to stay away from the | ||||||
25 | animal and forbid the respondent from taking, | ||||||
26 | transferring, encumbering, concealing, harming, or |
| |||||||
| |||||||
1 | otherwise disposing of the animal.
| ||||||
2 | (12) Order for payment of support. Order respondent to | ||||||
3 | pay temporary
support for the petitioner or any child in | ||||||
4 | the petitioner's care or over whom the petitioner has been | ||||||
5 | allocated parental responsibility, when the respondent has | ||||||
6 | a legal obligation to support that person,
in accordance | ||||||
7 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
8 | Act, which shall govern, among other matters, the amount | ||||||
9 | of
support, payment through the clerk and withholding of | ||||||
10 | income to secure
payment. An order for child support may | ||||||
11 | be granted to a petitioner with
lawful physical care of a | ||||||
12 | child, or an order or agreement for
physical care of a | ||||||
13 | child, prior to entry of an order allocating significant | ||||||
14 | decision-making responsibility.
Such a support order shall | ||||||
15 | expire upon entry of a valid order allocating parental | ||||||
16 | responsibility differently and vacating the petitioner's | ||||||
17 | significant decision-making authority, unless otherwise | ||||||
18 | provided in the order.
| ||||||
19 | (13) Order for payment of losses. Order respondent to | ||||||
20 | pay petitioner for
losses suffered as a direct result of | ||||||
21 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
22 | include, but not be limited to, medical expenses, lost
| ||||||
23 | earnings or other support, repair or replacement of | ||||||
24 | property damaged or taken,
reasonable attorney's fees, | ||||||
25 | court costs and moving or other travel expenses,
including | ||||||
26 | additional reasonable expenses for temporary shelter and |
| |||||||
| |||||||
1 | restaurant
meals.
| ||||||
2 | (i) Losses affecting family needs. If a party is | ||||||
3 | entitled to seek
maintenance, child support or | ||||||
4 | property distribution from the other party
under the | ||||||
5 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
6 | now or
hereafter amended, the court may order | ||||||
7 | respondent to reimburse petitioner's
actual losses, to | ||||||
8 | the extent that such reimbursement would be | ||||||
9 | "appropriate
temporary relief", as authorized by | ||||||
10 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
11 | (ii) Recovery of expenses. In the case of an | ||||||
12 | improper concealment
or removal of a minor child, the | ||||||
13 | court may order respondent to pay the
reasonable | ||||||
14 | expenses incurred or to be incurred in the search for | ||||||
15 | and recovery
of the minor child, including but not | ||||||
16 | limited to legal fees, court costs,
private | ||||||
17 | investigator fees, and travel costs.
| ||||||
18 | (14) Prohibition of entry. Prohibit the respondent | ||||||
19 | from entering or
remaining in the residence or household | ||||||
20 | while the respondent is under the
influence of alcohol or | ||||||
21 | drugs and constitutes a threat to the safety and
| ||||||
22 | well-being of the petitioner or the petitioner's children.
| ||||||
23 | (14.5) Prohibition of firearm possession.
| ||||||
24 | (a) Prohibit a respondent against whom an order of | ||||||
25 | protection was issued from possessing any firearms | ||||||
26 | during the duration of the order if the order: |
| |||||||
| |||||||
1 | (1) was issued after a hearing of which such | ||||||
2 | person received
actual notice, and at which such | ||||||
3 | person had an opportunity to
participate , except | ||||||
4 | in circumstances where an order is entered in
| ||||||
5 | conjunction with an affidavit or the verified | ||||||
6 | petition for an emergency order of protection | ||||||
7 | demonstrating exigent circumstances
thereby | ||||||
8 | justifying an entry of an emergency order without | ||||||
9 | prior
notice ; | ||||||
10 | (2) restrains such person from abusing the | ||||||
11 | petitioner as defined in this Act harassing, | ||||||
12 | stalking, or
threatening an intimate partner of | ||||||
13 | such person or child of such
intimate partner or | ||||||
14 | person, or engaging in other conduct that
would | ||||||
15 | place an intimate partner in reasonable fear of | ||||||
16 | bodily
injury to the partner or child ; and | ||||||
17 | (3)(i) includes a finding that such person | ||||||
18 | represents a
credible threat to the physical | ||||||
19 | safety of the petitioner such intimate partner
or | ||||||
20 | child; or
(ii) by its terms explicitly prohibits | ||||||
21 | the use, attempted
use, or threatened use of | ||||||
22 | physical force against the petitioner such | ||||||
23 | intimate
partner or child that would reasonably be | ||||||
24 | expected to cause
bodily injury. | ||||||
25 | (a-1) Except as provided in subparagraph (b), any | ||||||
26 | Any Firearm Owner's Identification Card in the
|
| |||||||
| |||||||
1 | possession of the respondent , except as provided in | ||||||
2 | subsection (b), shall be ordered by the court to be | ||||||
3 | turned
over to the local law enforcement agency and | ||||||
4 | the respondent shall be prohibited from acquiring or | ||||||
5 | possessing any firearms for the duration of the order | ||||||
6 | of protection . The local law enforcement agency shall | ||||||
7 | immediately mail the card to the Illinois State Police | ||||||
8 | Firearm Owner's Identification Card Office
for | ||||||
9 | safekeeping. | ||||||
10 | (a-2) Immediately upon entry of the order of | ||||||
11 | protection prohibiting firearm possession under this | ||||||
12 | Section, the The court shall
issue a seizure order | ||||||
13 | warrant for seizure of any firearm in the possession | ||||||
14 | of the respondent, to be kept by the local law | ||||||
15 | enforcement agency for safekeeping, except as provided | ||||||
16 | in subparagraph subsection (b). The petitioner's | ||||||
17 | general description of the firearm or firearms and | ||||||
18 | their location shall be sufficient to support issuing | ||||||
19 | a seizure order. If the seizure order is not served | ||||||
20 | within 48 hours because the respondent cannot be | ||||||
21 | located, law enforcement shall file the statement of | ||||||
22 | receipt explaining the efforts and attempts made to | ||||||
23 | serve the order on the respondent.
The period of | ||||||
24 | safekeeping shall be for the duration of the order of | ||||||
25 | protection. The respondent against whom an order of | ||||||
26 | protection was issued, including an emergency order of |
| |||||||
| |||||||
1 | protection, shall not possess any firearms for the | ||||||
2 | duration of the order. | ||||||
3 | (a-3) Notwithstanding the issuance of a seizure | ||||||
4 | order under subparagraph (a-2), the respondent shall | ||||||
5 | be ordered to immediately surrender any firearms to | ||||||
6 | the appropriate law enforcement agency and prohibited | ||||||
7 | from transferring firearms to another individual in | ||||||
8 | lieu of surrender to law enforcement. | ||||||
9 | (a-4) The relevant law enforcement agency shall | ||||||
10 | provide a statement of receipt of any firearm seized | ||||||
11 | or surrendered with a description of any firearm | ||||||
12 | seized or surrendered to the respondent and the court. | ||||||
13 | If the respondent fails to surrender the respondent's | ||||||
14 | weapons in accordance with the order to surrender, the | ||||||
15 | law enforcement agency shall file a statement of | ||||||
16 | receipt explaining how and when the order was served | ||||||
17 | and that the respondent did not comply within the | ||||||
18 | required time. This statement of receipt shall be | ||||||
19 | prima facie evidence of compliance with an order to | ||||||
20 | surrender firearms. | ||||||
21 | (a-5) The firearm or firearms and Firearm Owner's | ||||||
22 | Identification Card, if unexpired, shall at the | ||||||
23 | respondent's request, be returned to the respondent at | ||||||
24 | the end
of the order of protection. It is the | ||||||
25 | respondent's responsibility to notify the Illinois | ||||||
26 | State Police Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | Office of the end of the order of protection .
| ||||||
2 | (b) If the respondent is a peace officer as | ||||||
3 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
4 | the court shall order that any firearms used by the
| ||||||
5 | respondent in the performance of his or her duties as a
| ||||||
6 | peace officer be surrendered to
the chief law | ||||||
7 | enforcement executive of the agency in which the | ||||||
8 | respondent is
employed, who shall retain the firearms | ||||||
9 | for safekeeping for the duration of the order of | ||||||
10 | protection.
| ||||||
11 | (c) Upon expiration of the period of safekeeping, | ||||||
12 | if the firearms or Firearm Owner's Identification Card | ||||||
13 | cannot be returned to respondent because respondent | ||||||
14 | cannot be located, fails to respond to requests to | ||||||
15 | retrieve the firearms, or is not lawfully eligible to | ||||||
16 | possess a firearm, upon petition from the local law | ||||||
17 | enforcement agency, the court may order the local law | ||||||
18 | enforcement agency to destroy the firearms, use the | ||||||
19 | firearms for training purposes, or for any other | ||||||
20 | application as deemed appropriate by the local law | ||||||
21 | enforcement agency; or that the firearms be turned | ||||||
22 | over to a third party who is lawfully eligible to | ||||||
23 | possess firearms, and who does not reside with | ||||||
24 | respondent. | ||||||
25 | (15) Prohibition of access to records. If an order of | ||||||
26 | protection
prohibits respondent from having contact with |
| |||||||
| |||||||
1 | the minor child,
or if petitioner's address is omitted | ||||||
2 | under subsection (b) of
Section 203, or if necessary to | ||||||
3 | prevent abuse or wrongful removal or
concealment of a | ||||||
4 | minor child, the order shall deny respondent access to, | ||||||
5 | and
prohibit respondent from inspecting, obtaining, or | ||||||
6 | attempting to
inspect or obtain, school or any other | ||||||
7 | records of the minor child
who is in the care of | ||||||
8 | petitioner.
| ||||||
9 | (16) Order for payment of shelter services. Order | ||||||
10 | respondent to
reimburse a shelter providing temporary | ||||||
11 | housing and counseling services to
the petitioner for the | ||||||
12 | cost of the services, as certified by the shelter
and | ||||||
13 | deemed reasonable by the court.
| ||||||
14 | (17) Order for injunctive relief. Enter injunctive | ||||||
15 | relief necessary
or appropriate to prevent further abuse | ||||||
16 | of a family or household member
or further abuse, neglect, | ||||||
17 | or exploitation of a high-risk adult with
disabilities or | ||||||
18 | to effectuate one of the granted remedies, if supported by | ||||||
19 | the
balance of hardships. If the harm to be prevented by | ||||||
20 | the injunction is abuse
or any other harm that one of the | ||||||
21 | remedies listed in paragraphs (1) through
(16) of this | ||||||
22 | subsection is designed to prevent, no further evidence is
| ||||||
23 | necessary that the harm is an irreparable injury.
| ||||||
24 | (18) Telephone services. | ||||||
25 | (A) Unless a condition described in subparagraph | ||||||
26 | (B) of this paragraph exists, the court may, upon |
| |||||||
| |||||||
1 | request by the petitioner, order a wireless telephone | ||||||
2 | service provider to transfer to the petitioner the | ||||||
3 | right to continue to use a telephone number or numbers | ||||||
4 | indicated by the petitioner and the financial | ||||||
5 | responsibility associated with the number or numbers, | ||||||
6 | as set forth in subparagraph (C) of this paragraph. | ||||||
7 | For purposes of this paragraph (18), the term | ||||||
8 | "wireless telephone service provider" means a provider | ||||||
9 | of commercial mobile service as defined in 47 U.S.C. | ||||||
10 | 332. The petitioner may request the transfer of each | ||||||
11 | telephone number that the petitioner, or a minor child | ||||||
12 | in his or her custody, uses. The clerk of the court | ||||||
13 | shall serve the order on the wireless telephone | ||||||
14 | service provider's agent for service of process | ||||||
15 | provided to the Illinois Commerce Commission. The | ||||||
16 | order shall contain all of the following: | ||||||
17 | (i) The name and billing telephone number of | ||||||
18 | the account holder including the name of the | ||||||
19 | wireless telephone service provider that serves | ||||||
20 | the account. | ||||||
21 | (ii) Each telephone number that will be | ||||||
22 | transferred. | ||||||
23 | (iii) A statement that the provider transfers | ||||||
24 | to the petitioner all financial responsibility for | ||||||
25 | and right to the use of any telephone number | ||||||
26 | transferred under this paragraph. |
| |||||||
| |||||||
1 | (B) A wireless telephone service provider shall | ||||||
2 | terminate the respondent's use of, and shall transfer | ||||||
3 | to the petitioner use of, the telephone number or | ||||||
4 | numbers indicated in subparagraph (A) of this | ||||||
5 | paragraph unless it notifies the petitioner, within 72 | ||||||
6 | hours after it receives the order, that one of the | ||||||
7 | following applies: | ||||||
8 | (i) The account holder named in the order has | ||||||
9 | terminated the account. | ||||||
10 | (ii) A difference in network technology would | ||||||
11 | prevent or impair the functionality of a device on | ||||||
12 | a network if the transfer occurs. | ||||||
13 | (iii) The transfer would cause a geographic or | ||||||
14 | other limitation on network or service provision | ||||||
15 | to the petitioner. | ||||||
16 | (iv) Another technological or operational | ||||||
17 | issue would prevent or impair the use of the | ||||||
18 | telephone number if the transfer occurs. | ||||||
19 | (C) The petitioner assumes all financial | ||||||
20 | responsibility for and right to the use of any | ||||||
21 | telephone number transferred under this paragraph. In | ||||||
22 | this paragraph, "financial responsibility" includes | ||||||
23 | monthly service costs and costs associated with any | ||||||
24 | mobile device associated with the number. | ||||||
25 | (D) A wireless telephone service provider may | ||||||
26 | apply to the petitioner its routine and customary |
| |||||||
| |||||||
1 | requirements for establishing an account or | ||||||
2 | transferring a number, including requiring the | ||||||
3 | petitioner to provide proof of identification, | ||||||
4 | financial information, and customer preferences.
| ||||||
5 | (E) Except for willful or wanton misconduct, a | ||||||
6 | wireless telephone service provider is immune from | ||||||
7 | civil liability for its actions taken in compliance | ||||||
8 | with a court order issued under this paragraph. | ||||||
9 | (F) All wireless service providers that provide | ||||||
10 | services to residential customers shall provide to the | ||||||
11 | Illinois Commerce Commission the name and address of | ||||||
12 | an agent for service of orders entered under this | ||||||
13 | paragraph (18). Any change in status of the registered | ||||||
14 | agent must be reported to the Illinois Commerce | ||||||
15 | Commission within 30 days of such change. | ||||||
16 | (G) The Illinois Commerce Commission shall | ||||||
17 | maintain the list of registered agents for service for | ||||||
18 | each wireless telephone service provider on the | ||||||
19 | Commission's website. The Commission may consult with | ||||||
20 | wireless telephone service providers and the Circuit | ||||||
21 | Court Clerks on the manner in which this information | ||||||
22 | is provided and displayed. | ||||||
23 | (c) Relevant factors; findings.
| ||||||
24 | (1) In determining whether to grant a specific remedy, | ||||||
25 | other than
payment of support, the court shall consider
| ||||||
26 | relevant factors, including but not limited to the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (i) the nature, frequency, severity, pattern and | ||||||
3 | consequences of the
respondent's past abuse, neglect | ||||||
4 | or exploitation of the petitioner or
any family or | ||||||
5 | household member, including the concealment of his or | ||||||
6 | her
location in order to evade service of process or | ||||||
7 | notice, and the likelihood of
danger of future abuse, | ||||||
8 | neglect, or exploitation to petitioner or any member | ||||||
9 | of
petitioner's or respondent's family or household; | ||||||
10 | and
| ||||||
11 | (ii) the danger that any minor child will be | ||||||
12 | abused or neglected or
improperly relocated from the | ||||||
13 | jurisdiction, improperly concealed within the
State or | ||||||
14 | improperly separated from the child's primary | ||||||
15 | caretaker.
| ||||||
16 | (2) In comparing relative hardships resulting to the | ||||||
17 | parties from loss
of possession of the family home, the | ||||||
18 | court shall consider relevant
factors, including but not | ||||||
19 | limited to the following:
| ||||||
20 | (i) availability, accessibility, cost, safety, | ||||||
21 | adequacy, location and
other characteristics of | ||||||
22 | alternate housing for each party and any minor child
| ||||||
23 | or dependent adult in the party's care;
| ||||||
24 | (ii) the effect on the party's employment; and
| ||||||
25 | (iii) the effect on the relationship of the party, | ||||||
26 | and any minor
child or dependent adult in the party's |
| |||||||
| |||||||
1 | care, to family, school, church
and community.
| ||||||
2 | (3) Subject to the exceptions set forth in paragraph | ||||||
3 | (4) of this
subsection, the court shall make its findings | ||||||
4 | in an official record or in
writing, and shall at a minimum | ||||||
5 | set forth the following:
| ||||||
6 | (i) That the court has considered the applicable | ||||||
7 | relevant factors
described in paragraphs (1) and (2) | ||||||
8 | of this subsection.
| ||||||
9 | (ii) Whether the conduct or actions of respondent, | ||||||
10 | unless
prohibited, will likely cause irreparable harm | ||||||
11 | or continued abuse.
| ||||||
12 | (iii) Whether it is necessary to grant the | ||||||
13 | requested relief in order
to protect petitioner or | ||||||
14 | other alleged abused persons.
| ||||||
15 | (4) For purposes of issuing an ex parte emergency | ||||||
16 | order of protection,
the court, as an alternative to or as | ||||||
17 | a supplement to making the findings
described in | ||||||
18 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
19 | subsection, may
use the following procedure:
| ||||||
20 | When a verified petition for an emergency order of | ||||||
21 | protection in
accordance with the requirements of Sections | ||||||
22 | 203 and 217 is
presented to the court, the court shall | ||||||
23 | examine petitioner on oath or
affirmation. An emergency | ||||||
24 | order of protection shall be issued by the court
if it | ||||||
25 | appears from the contents of the petition and the | ||||||
26 | examination of
petitioner that the averments are |
| |||||||
| |||||||
1 | sufficient to indicate abuse by
respondent and to support | ||||||
2 | the granting of relief under the issuance of the
emergency | ||||||
3 | order of protection.
| ||||||
4 | (5) Never married parties. No rights or | ||||||
5 | responsibilities for a minor
child born outside of | ||||||
6 | marriage attach to a putative father until a father and
| ||||||
7 | child relationship has been established under the Illinois | ||||||
8 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
9 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
10 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
11 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
12 | Support Act, the Uniform Interstate Family Support
Act, | ||||||
13 | the Expedited Child Support Act of 1990, any judicial, | ||||||
14 | administrative, or
other act of another state or | ||||||
15 | territory, any other Illinois statute, or by any
foreign | ||||||
16 | nation establishing the father and child relationship, any | ||||||
17 | other
proceeding substantially in conformity with the | ||||||
18 | Personal Responsibility and
Work Opportunity | ||||||
19 | Reconciliation Act of 1996 (Pub. L. 104-193), or where | ||||||
20 | both
parties appeared in open court or at an | ||||||
21 | administrative hearing acknowledging
under
oath or | ||||||
22 | admitting by affirmation the existence of a father and | ||||||
23 | child
relationship.
Absent such an adjudication, finding, | ||||||
24 | or acknowledgment, no putative
father shall be granted
| ||||||
25 | temporary allocation of parental responsibilities, | ||||||
26 | including parenting time with the minor child, or
physical |
| |||||||
| |||||||
1 | care and possession of the minor child, nor shall an order | ||||||
2 | of payment
for support of the minor child be entered.
| ||||||
3 | (d) Balance of hardships; findings. If the court finds | ||||||
4 | that the balance
of hardships does not support the granting of | ||||||
5 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
6 | subsection (b) of this Section,
which may require such | ||||||
7 | balancing, the court's findings shall so
indicate and shall | ||||||
8 | include a finding as to whether granting the remedy will
| ||||||
9 | result in hardship to respondent that would substantially | ||||||
10 | outweigh the hardship
to petitioner from denial of the remedy. | ||||||
11 | The findings shall be an official
record or in writing.
| ||||||
12 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
13 | based, in
whole or in part, on evidence that:
| ||||||
14 | (1) Respondent has cause for any use of force, unless | ||||||
15 | that cause
satisfies the standards for justifiable use of | ||||||
16 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
17 | (2) Respondent was voluntarily intoxicated;
| ||||||
18 | (3) Petitioner acted in self-defense or defense of | ||||||
19 | another, provided
that, if petitioner utilized force, such | ||||||
20 | force was justifiable under
Article 7 of the Criminal Code | ||||||
21 | of 2012;
| ||||||
22 | (4) Petitioner did not act in self-defense or defense | ||||||
23 | of another;
| ||||||
24 | (5) Petitioner left the residence or household to | ||||||
25 | avoid further abuse,
neglect, or exploitation by | ||||||
26 | respondent;
|
| |||||||
| |||||||
1 | (6) Petitioner did not leave the residence or | ||||||
2 | household to avoid further
abuse, neglect, or exploitation | ||||||
3 | by respondent;
| ||||||
4 | (7) Conduct by any family or household member excused | ||||||
5 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
6 | that same conduct would have
excused such abuse, neglect, | ||||||
7 | or exploitation if the parties had not been
family or | ||||||
8 | household members.
| ||||||
9 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
11 | changes in a statute that is represented in this Act by text | ||||||
12 | that is not yet or no longer in effect (for example, a Section | ||||||
13 | represented by multiple versions), the use of that text does | ||||||
14 | not accelerate or delay the taking effect of (i) the changes | ||||||
15 | made by this Act or (ii) provisions derived from any other | ||||||
16 | Public Act.
| ||||||
17 | Section 99. Effective date. This Act takes effect July 1, | ||||||
18 | 2023.
|