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Sen. Cristina H. Pacione-Zayas
Filed: 3/3/2023
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1 | | AMENDMENT TO SENATE BILL 44
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2 | | AMENDMENT NO. ______. Amend Senate Bill 44 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Illinois Domestic Violence Act of 1986 is |
5 | | amended by changing Section 214 as follows:
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6 | | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
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7 | | Sec. 214. Order of protection; remedies.
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8 | | (a) Issuance of order. If the court finds that petitioner |
9 | | has been
abused by a family or household member or that |
10 | | petitioner is a high-risk
adult who has been abused, |
11 | | neglected, or exploited, as defined in this Act,
an order of |
12 | | protection prohibiting the abuse, neglect, or exploitation
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13 | | shall issue; provided that petitioner must also satisfy the |
14 | | requirements of
one of the following Sections, as appropriate: |
15 | | Section 217 on emergency
orders, Section 218 on interim |
16 | | orders, or Section 219 on plenary orders.
Petitioner shall not |
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1 | | be denied an order of protection because petitioner or
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2 | | respondent is a minor. The court, when determining whether or |
3 | | not to issue
an order of protection, shall not require |
4 | | physical manifestations of abuse
on the person of the victim. |
5 | | Modification and extension of prior
orders of protection shall |
6 | | be in accordance with this Act.
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7 | | (b) Remedies and standards. The remedies to be included in |
8 | | an order of
protection shall be determined in accordance with |
9 | | this Section and one of
the following Sections, as |
10 | | appropriate: Section 217 on emergency orders,
Section 218 on |
11 | | interim orders, and Section 219 on plenary orders. The
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12 | | remedies listed in this subsection shall be in addition to |
13 | | other civil or
criminal remedies available to petitioner.
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14 | | (1) Prohibition of abuse, neglect, or exploitation. |
15 | | Prohibit
respondent's harassment, interference with |
16 | | personal liberty, intimidation
of a dependent, physical |
17 | | abuse, or willful deprivation, neglect or
exploitation, as |
18 | | defined in this Act, or stalking of the petitioner, as |
19 | | defined
in Section 12-7.3 of the Criminal Code of 2012, if |
20 | | such abuse, neglect,
exploitation, or stalking has |
21 | | occurred or otherwise appears likely to occur if
not |
22 | | prohibited.
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23 | | (2) Grant of exclusive possession of residence. |
24 | | Prohibit respondent from
entering or remaining in any |
25 | | residence, household, or premises of the petitioner,
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26 | | including one owned or leased by respondent, if petitioner |
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1 | | has a right to
occupancy thereof. The grant of exclusive |
2 | | possession of the residence, household, or premises shall |
3 | | not
affect title to real property, nor shall the court be |
4 | | limited by the standard
set forth in subsection (c-2) of |
5 | | Section 501 of the Illinois Marriage and Dissolution of |
6 | | Marriage
Act.
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7 | | (A) Right to occupancy. A party has a right to |
8 | | occupancy of a
residence or household if it is solely |
9 | | or jointly owned or leased by that
party, that party's |
10 | | spouse, a person with a legal duty to support that |
11 | | party or
a minor child in that party's care, or by any |
12 | | person or entity other than the
opposing party that |
13 | | authorizes that party's occupancy (e.g., a domestic
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14 | | violence shelter). Standards set forth in subparagraph |
15 | | (B) shall not preclude
equitable relief.
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16 | | (B) Presumption of hardships. If petitioner and |
17 | | respondent
each has the right to occupancy of a |
18 | | residence or household, the court
shall balance (i) |
19 | | the hardships to respondent and any minor child or
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20 | | dependent adult in respondent's care resulting from |
21 | | entry of this remedy with
(ii) the hardships to |
22 | | petitioner and any minor child or dependent adult in
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23 | | petitioner's care resulting from continued exposure to |
24 | | the risk of abuse
(should petitioner remain at the |
25 | | residence or household) or from loss of
possession of |
26 | | the residence or household (should petitioner leave to |
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1 | | avoid the
risk of abuse). When determining the balance |
2 | | of hardships, the court shall
also take into account |
3 | | the accessibility of the residence or household.
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4 | | Hardships need not be balanced if respondent does not |
5 | | have a right to
occupancy.
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6 | | The balance of hardships is presumed to favor |
7 | | possession by
petitioner unless the presumption is |
8 | | rebutted by a preponderance of the
evidence, showing |
9 | | that the hardships to respondent substantially |
10 | | outweigh
the hardships to petitioner and any minor |
11 | | child or dependent adult in
petitioner's care. The |
12 | | court, on the request of petitioner or on its own
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13 | | motion, may order respondent to provide suitable, |
14 | | accessible, alternate housing
for petitioner instead |
15 | | of excluding respondent from a mutual residence or
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16 | | household.
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17 | | (3) Stay away order and additional prohibitions.
Order |
18 | | respondent to stay away from petitioner or any other |
19 | | person
protected by the order of protection, or prohibit |
20 | | respondent from entering
or remaining present at |
21 | | petitioner's school, place of employment, or other
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22 | | specified places at times when petitioner is present, or |
23 | | both, if
reasonable, given the balance of hardships. |
24 | | Hardships need not be balanced for
the court to enter a |
25 | | stay away order or prohibit entry if respondent has no
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26 | | right to enter the premises.
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1 | | (A) If an order of protection grants petitioner |
2 | | exclusive possession
of the residence, or prohibits |
3 | | respondent from entering the residence,
or orders |
4 | | respondent to stay away from petitioner or other
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5 | | protected persons, then the court may allow respondent |
6 | | access to the
residence to remove items of clothing |
7 | | and personal adornment
used exclusively by respondent, |
8 | | medications, and other items as the court
directs. The |
9 | | right to access shall be exercised on only one |
10 | | occasion as the
court directs and in the presence of an |
11 | | agreed-upon adult third party or law
enforcement |
12 | | officer.
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13 | | (B) When the petitioner and the respondent attend |
14 | | the same public, private, or non-public elementary, |
15 | | middle, or high school, the court when issuing an |
16 | | order of protection and providing relief shall |
17 | | consider the severity of the act, any continuing |
18 | | physical danger or emotional distress to the |
19 | | petitioner, the educational rights guaranteed to the |
20 | | petitioner and respondent under federal and State law, |
21 | | the availability of a transfer of the respondent to |
22 | | another school, a change of placement or a change of |
23 | | program of the respondent, the expense, difficulty, |
24 | | and educational disruption that would be caused by a |
25 | | transfer of the respondent to another school, and any |
26 | | other relevant facts of the case. The court may order |
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1 | | that the respondent not attend the public, private, or |
2 | | non-public elementary, middle, or high school attended |
3 | | by the petitioner, order that the respondent accept a |
4 | | change of placement or change of program, as |
5 | | determined by the school district or private or |
6 | | non-public school, or place restrictions on the |
7 | | respondent's movements within the school attended by |
8 | | the petitioner.
The respondent bears the burden of |
9 | | proving by a preponderance of the evidence that a |
10 | | transfer, change of placement, or change of program of |
11 | | the respondent is not available. The respondent also |
12 | | bears the burden of production with respect to the |
13 | | expense, difficulty, and educational disruption that |
14 | | would be caused by a transfer of the respondent to |
15 | | another school. A transfer, change of placement, or |
16 | | change of program is not unavailable to the respondent |
17 | | solely on the ground that the respondent does not |
18 | | agree with the school district's or private or |
19 | | non-public school's transfer, change of placement, or |
20 | | change of program or solely on the ground that the |
21 | | respondent fails or refuses to consent or otherwise |
22 | | does not take an action required to effectuate a |
23 | | transfer, change of placement, or change of program.
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24 | | When a court orders a respondent to stay away from the |
25 | | public, private, or non-public school attended by the |
26 | | petitioner and the respondent requests a transfer to |
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1 | | another attendance center within the respondent's |
2 | | school district or private or non-public school, the |
3 | | school district or private or non-public school shall |
4 | | have sole discretion to determine the attendance |
5 | | center to which the respondent is transferred.
In the |
6 | | event the court order results in a transfer of the |
7 | | minor respondent to another attendance center, a |
8 | | change in the respondent's placement, or a change of |
9 | | the respondent's program, the parents, guardian, or |
10 | | legal custodian of the respondent is responsible for |
11 | | transportation and other costs associated with the |
12 | | transfer or change. |
13 | | (C) The court may order the parents, guardian, or |
14 | | legal custodian of a minor respondent to take certain |
15 | | actions or to refrain from taking certain actions to |
16 | | ensure that the respondent complies with the order. In |
17 | | the event the court orders a transfer of the |
18 | | respondent to another school, the parents, guardian, |
19 | | or legal custodian of the respondent is responsible |
20 | | for transportation and other costs associated with the |
21 | | change of school by the respondent. |
22 | | (4) Counseling. Require or recommend the respondent to |
23 | | undergo
counseling for a specified duration with a social |
24 | | worker, psychologist,
clinical psychologist, |
25 | | psychiatrist, family service agency, alcohol or
substance |
26 | | abuse program, mental health center guidance counselor, |
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1 | | agency
providing services to elders, program designed for |
2 | | domestic violence
abusers or any other guidance service |
3 | | the court deems appropriate. The Court may order the |
4 | | respondent in any intimate partner relationship to report |
5 | | to an Illinois Department of Human Services protocol |
6 | | approved partner abuse intervention program for an |
7 | | assessment and to follow all recommended treatment.
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8 | | (5) Physical care and possession of the minor child. |
9 | | In order to protect
the minor child from abuse, neglect, |
10 | | or unwarranted separation from the person
who has been the |
11 | | minor child's primary caretaker, or to otherwise protect |
12 | | the
well-being of the minor child, the court may do either |
13 | | or both of the
following: (i) grant petitioner physical |
14 | | care or possession of the minor child,
or both, or (ii) |
15 | | order respondent to return a minor child to, or not remove |
16 | | a
minor child from, the physical care of a parent or person |
17 | | in loco parentis.
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18 | | If a court finds, after a hearing, that respondent has |
19 | | committed abuse
(as defined in Section 103) of a minor |
20 | | child, there shall be a
rebuttable presumption that |
21 | | awarding physical care to respondent would not
be in the |
22 | | minor child's best interest.
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23 | | (6) Temporary allocation of parental responsibilities: |
24 | | significant decision-making. Award temporary |
25 | | decision-making responsibility to petitioner
in accordance |
26 | | with this Section, the Illinois Marriage and Dissolution |
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1 | | of
Marriage Act, the Illinois Parentage Act of 2015, and |
2 | | this State's Uniform
Child-Custody Jurisdiction and |
3 | | Enforcement Act.
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4 | | If a court finds, after a hearing, that respondent has |
5 | | committed abuse (as
defined in Section 103) of a minor |
6 | | child, there shall be a rebuttable
presumption that |
7 | | awarding temporary significant decision-making |
8 | | responsibility to respondent would not be in
the child's |
9 | | best interest.
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10 | | (7) Parenting time. Determine the parenting time, if |
11 | | any, of respondent in
any case in which the court awards |
12 | | physical care or allocates temporary significant |
13 | | decision-making responsibility of
a minor child to |
14 | | petitioner. The court shall restrict or deny respondent's |
15 | | parenting time
with a minor child if the court finds that |
16 | | respondent has done or is
likely to do any of the |
17 | | following: (i) abuse or endanger the minor child during |
18 | | parenting time; (ii) use the parenting time as an |
19 | | opportunity to abuse or harass
petitioner or petitioner's |
20 | | family or household members; (iii) improperly
conceal or |
21 | | detain the minor child; or (iv) otherwise act in a manner |
22 | | that is
not in the best interests of the minor child. The |
23 | | court shall not be limited
by the standards set forth in |
24 | | Section 603.10 of the Illinois Marriage and
Dissolution of |
25 | | Marriage Act. If the court grants parenting time, the |
26 | | order shall
specify dates and times for the parenting time |
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1 | | to take place or other specific
parameters or conditions |
2 | | that are appropriate. No order for parenting time shall
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3 | | refer merely to the term "reasonable parenting time".
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4 | | Petitioner may deny respondent access to the minor |
5 | | child if, when
respondent arrives for parenting time, |
6 | | respondent is under the influence of drugs
or alcohol and |
7 | | constitutes a threat to the safety and well-being of
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8 | | petitioner or petitioner's minor children or is behaving |
9 | | in a violent or
abusive manner.
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10 | | If necessary to protect any member of petitioner's |
11 | | family or
household from future abuse, respondent shall be |
12 | | prohibited from coming to
petitioner's residence to meet |
13 | | the minor child for parenting time, and the
parties shall |
14 | | submit to the court their recommendations for reasonable
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15 | | alternative arrangements for parenting time. A person may |
16 | | be approved to
supervise parenting time only after filing |
17 | | an affidavit accepting
that responsibility and |
18 | | acknowledging accountability to the court.
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19 | | (8) Removal or concealment of minor child. Prohibit |
20 | | respondent from
removing a minor child from the State or |
21 | | concealing the child within the State.
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22 | | (9) Order to appear. Order the respondent to appear in |
23 | | court, alone
or with a minor child, to prevent abuse, |
24 | | neglect, removal or concealment of
the child, to return |
25 | | the child to the custody or care of the petitioner or
to |
26 | | permit any court-ordered interview or examination of the |
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1 | | child or the
respondent.
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2 | | (10) Possession of personal property. Grant petitioner |
3 | | exclusive
possession of personal property and, if |
4 | | respondent has possession or
control, direct respondent to |
5 | | promptly make it available to petitioner, if:
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6 | | (i) petitioner, but not respondent, owns the |
7 | | property; or
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8 | | (ii) the parties own the property jointly; sharing |
9 | | it would risk
abuse of petitioner by respondent or is |
10 | | impracticable; and the balance of
hardships favors |
11 | | temporary possession by petitioner.
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12 | | If petitioner's sole claim to ownership of the |
13 | | property is that it is
marital property, the court may |
14 | | award petitioner temporary possession
thereof under the |
15 | | standards of subparagraph (ii) of this paragraph only if
a |
16 | | proper proceeding has been filed under the Illinois |
17 | | Marriage and
Dissolution of Marriage Act, as now or |
18 | | hereafter amended.
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19 | | No order under this provision shall affect title to |
20 | | property.
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21 | | (11) Protection of property. Forbid the respondent |
22 | | from taking,
transferring, encumbering, concealing, |
23 | | damaging or otherwise disposing of
any real or personal |
24 | | property, except as explicitly authorized by the
court, |
25 | | if:
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26 | | (i) petitioner, but not respondent, owns the |
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1 | | property; or
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2 | | (ii) the parties own the property jointly,
and the |
3 | | balance of hardships favors granting this remedy.
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4 | | If petitioner's sole claim to ownership of the |
5 | | property is that it is
marital property, the court may |
6 | | grant petitioner relief under subparagraph
(ii) of this |
7 | | paragraph only if a proper proceeding has been filed under |
8 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
9 | | now or hereafter amended.
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10 | | The court may further prohibit respondent from |
11 | | improperly using the
financial or other resources of an |
12 | | aged member of the family or household
for the profit or |
13 | | advantage of respondent or of any other person.
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14 | | (11.5) Protection of animals. Grant the petitioner the |
15 | | exclusive care, custody, or control of any animal owned, |
16 | | possessed, leased, kept, or held by either the petitioner |
17 | | or the respondent or a minor child residing in the |
18 | | residence or household of either the petitioner or the |
19 | | respondent and order the respondent to stay away from the |
20 | | animal and forbid the respondent from taking, |
21 | | transferring, encumbering, concealing, harming, or |
22 | | otherwise disposing of the animal.
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23 | | (12) Order for payment of support. Order respondent to |
24 | | pay temporary
support for the petitioner or any child in |
25 | | the petitioner's care or over whom the petitioner has been |
26 | | allocated parental responsibility, when the respondent has |
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1 | | a legal obligation to support that person,
in accordance |
2 | | with the Illinois Marriage and Dissolution
of Marriage |
3 | | Act, which shall govern, among other matters, the amount |
4 | | of
support, payment through the clerk and withholding of |
5 | | income to secure
payment. An order for child support may |
6 | | be granted to a petitioner with
lawful physical care of a |
7 | | child, or an order or agreement for
physical care of a |
8 | | child, prior to entry of an order allocating significant |
9 | | decision-making responsibility.
Such a support order shall |
10 | | expire upon entry of a valid order allocating parental |
11 | | responsibility differently and vacating the petitioner's |
12 | | significant decision-making authority, unless otherwise |
13 | | provided in the order.
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14 | | (13) Order for payment of losses. Order respondent to |
15 | | pay petitioner for
losses suffered as a direct result of |
16 | | the abuse, neglect, or exploitation.
Such losses shall |
17 | | include, but not be limited to, medical expenses, lost
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18 | | earnings or other support, repair or replacement of |
19 | | property damaged or taken,
reasonable attorney's fees, |
20 | | court costs and moving or other travel expenses,
including |
21 | | additional reasonable expenses for temporary shelter and |
22 | | restaurant
meals.
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23 | | (i) Losses affecting family needs. If a party is |
24 | | entitled to seek
maintenance, child support or |
25 | | property distribution from the other party
under the |
26 | | Illinois Marriage and Dissolution of Marriage Act, as |
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1 | | now or
hereafter amended, the court may order |
2 | | respondent to reimburse petitioner's
actual losses, to |
3 | | the extent that such reimbursement would be |
4 | | "appropriate
temporary relief", as authorized by |
5 | | subsection (a)(3) of Section 501 of
that Act.
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6 | | (ii) Recovery of expenses. In the case of an |
7 | | improper concealment
or removal of a minor child, the |
8 | | court may order respondent to pay the
reasonable |
9 | | expenses incurred or to be incurred in the search for |
10 | | and recovery
of the minor child, including but not |
11 | | limited to legal fees, court costs,
private |
12 | | investigator fees, and travel costs.
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13 | | (14) Prohibition of entry. Prohibit the respondent |
14 | | from entering or
remaining in the residence or household |
15 | | while the respondent is under the
influence of alcohol or |
16 | | drugs and constitutes a threat to the safety and
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17 | | well-being of the petitioner or the petitioner's children.
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18 | | (14.5) Prohibition of firearm possession.
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19 | | (a) Prohibit a respondent against whom an order of |
20 | | protection was issued from possessing any firearms |
21 | | during the duration of the order if the order: |
22 | | (1) (blank); was issued after a hearing of |
23 | | which such person received
actual notice, and at |
24 | | which such person had an opportunity to
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25 | | participate; |
26 | | (2) restrains such person from abusing the |
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1 | | petitioner as defined in this Act harassing, |
2 | | stalking, or
threatening an intimate partner of |
3 | | such person or child of such
intimate partner or |
4 | | person, or engaging in other conduct that
would |
5 | | place an intimate partner in reasonable fear of |
6 | | bodily
injury to the partner or child; and |
7 | | (3)(i) includes a finding that such person |
8 | | represents a
credible threat to the physical |
9 | | safety of the petitioner such intimate partner
or |
10 | | child; or
(ii) by its terms explicitly prohibits |
11 | | the use, attempted
use, or threatened use of |
12 | | physical force against the petitioner such |
13 | | intimate
partner or child that would reasonably be |
14 | | expected to cause
bodily injury. |
15 | | (a-1) Except as provided in subparagraph (b), a |
16 | | Any Firearm Owner's Identification Card in the
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17 | | possession of the respondent , except as provided in |
18 | | subsection (b), shall be ordered by the court to be |
19 | | turned
over to the local law enforcement agency and |
20 | | respondent shall be prohibited from acquiring or |
21 | | possessing any firearms for the duration of the order |
22 | | of protection . The local law enforcement agency shall |
23 | | immediately mail the card to the Illinois State Police |
24 | | Firearm Owner's Identification Card Office
for |
25 | | safekeeping. |
26 | | (a-2) Immediately upon entry of an order of |
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1 | | protection prohibiting firearm possession under this |
2 | | Section, the The court shall
issue a warrant for |
3 | | seizure of any firearm in the possession of the |
4 | | respondent, to be kept by the local law enforcement |
5 | | agency for safekeeping, except as provided in |
6 | | subsection (b).
Petitioner's general description of |
7 | | the firearm or firearms and their location shall be |
8 | | sufficient to support issuing a warrant. The period of |
9 | | safekeeping shall be for the duration of the order of |
10 | | protection. |
11 | | (a-3) Notwithstanding the issuance of a warrant |
12 | | under subparagraph (a-2), the respondent shall be |
13 | | ordered to immediately surrender any firearms to the |
14 | | appropriate law enforcement agency and prohibited from |
15 | | transferring firearms to another individual in lieu of |
16 | | surrender to law enforcement. |
17 | | (a-4) The relevant law enforcement agency shall |
18 | | provide a statement of receipt of any firearm seized |
19 | | or surrendered with a description of any firearm |
20 | | seized or surrendered to the respondent and the court. |
21 | | This statement of receipt shall be prima facie |
22 | | evidence of compliance with an order to surrender |
23 | | firearms. |
24 | | (a-5) The firearm or firearms and Firearm Owner's |
25 | | Identification Card, if unexpired, shall at the |
26 | | respondent's request, be returned to the respondent at |
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1 | | the end
of the order of protection. It is the |
2 | | respondent's responsibility to notify the Illinois |
3 | | State Police Firearm Owner's Identification Card |
4 | | Office.
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5 | | (b) If the respondent is a peace officer as |
6 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
7 | | the court shall order that any firearms used by the
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8 | | respondent in the performance of his or her duties as a
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9 | | peace officer be surrendered to
the chief law |
10 | | enforcement executive of the agency in which the |
11 | | respondent is
employed, who shall retain the firearms |
12 | | for safekeeping for the duration of the order of |
13 | | protection.
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14 | | (c) Upon expiration of the period of safekeeping, |
15 | | if the firearms or Firearm Owner's Identification Card |
16 | | cannot be returned to respondent because respondent |
17 | | cannot be located, fails to respond to requests to |
18 | | retrieve the firearms, or is not lawfully eligible to |
19 | | possess a firearm, upon petition from the local law |
20 | | enforcement agency, the court may order the local law |
21 | | enforcement agency to destroy the firearms, use the |
22 | | firearms for training purposes, or for any other |
23 | | application as deemed appropriate by the local law |
24 | | enforcement agency; or that the firearms be turned |
25 | | over to a third party who is lawfully eligible to |
26 | | possess firearms, and who does not reside with |
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1 | | respondent. |
2 | | (14.6) Prohibition of firearm possession; emergency |
3 | | orders. Prohibit a respondent against whom an order of |
4 | | protection was issued from possessing any firearms during |
5 | | the duration of the order as set forth in paragraph (14.5) |
6 | | if the prerequisites in subsection (a) Section 217 are |
7 | | satisfied. |
8 | | (15) Prohibition of access to records. If an order of |
9 | | protection
prohibits respondent from having contact with |
10 | | the minor child,
or if petitioner's address is omitted |
11 | | under subsection (b) of
Section 203, or if necessary to |
12 | | prevent abuse or wrongful removal or
concealment of a |
13 | | minor child, the order shall deny respondent access to, |
14 | | and
prohibit respondent from inspecting, obtaining, or |
15 | | attempting to
inspect or obtain, school or any other |
16 | | records of the minor child
who is in the care of |
17 | | petitioner.
|
18 | | (16) Order for payment of shelter services. Order |
19 | | respondent to
reimburse a shelter providing temporary |
20 | | housing and counseling services to
the petitioner for the |
21 | | cost of the services, as certified by the shelter
and |
22 | | deemed reasonable by the court.
|
23 | | (17) Order for injunctive relief. Enter injunctive |
24 | | relief necessary
or appropriate to prevent further abuse |
25 | | of a family or household member
or further abuse, neglect, |
26 | | or exploitation of a high-risk adult with
disabilities or |
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1 | | to effectuate one of the granted remedies, if supported by |
2 | | the
balance of hardships. If the harm to be prevented by |
3 | | the injunction is abuse
or any other harm that one of the |
4 | | remedies listed in paragraphs (1) through
(16) of this |
5 | | subsection is designed to prevent, no further evidence is
|
6 | | necessary that the harm is an irreparable injury.
|
7 | | (18) Telephone services. |
8 | | (A) Unless a condition described in subparagraph |
9 | | (B) of this paragraph exists, the court may, upon |
10 | | request by the petitioner, order a wireless telephone |
11 | | service provider to transfer to the petitioner the |
12 | | right to continue to use a telephone number or numbers |
13 | | indicated by the petitioner and the financial |
14 | | responsibility associated with the number or numbers, |
15 | | as set forth in subparagraph (C) of this paragraph. |
16 | | For purposes of this paragraph (18), the term |
17 | | "wireless telephone service provider" means a provider |
18 | | of commercial mobile service as defined in 47 U.S.C. |
19 | | 332. The petitioner may request the transfer of each |
20 | | telephone number that the petitioner, or a minor child |
21 | | in his or her custody, uses. The clerk of the court |
22 | | shall serve the order on the wireless telephone |
23 | | service provider's agent for service of process |
24 | | provided to the Illinois Commerce Commission. The |
25 | | order shall contain all of the following: |
26 | | (i) The name and billing telephone number of |
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1 | | the account holder including the name of the |
2 | | wireless telephone service provider that serves |
3 | | the account. |
4 | | (ii) Each telephone number that will be |
5 | | transferred. |
6 | | (iii) A statement that the provider transfers |
7 | | to the petitioner all financial responsibility for |
8 | | and right to the use of any telephone number |
9 | | transferred under this paragraph. |
10 | | (B) A wireless telephone service provider shall |
11 | | terminate the respondent's use of, and shall transfer |
12 | | to the petitioner use of, the telephone number or |
13 | | numbers indicated in subparagraph (A) of this |
14 | | paragraph unless it notifies the petitioner, within 72 |
15 | | hours after it receives the order, that one of the |
16 | | following applies: |
17 | | (i) The account holder named in the order has |
18 | | terminated the account. |
19 | | (ii) A difference in network technology would |
20 | | prevent or impair the functionality of a device on |
21 | | a network if the transfer occurs. |
22 | | (iii) The transfer would cause a geographic or |
23 | | other limitation on network or service provision |
24 | | to the petitioner. |
25 | | (iv) Another technological or operational |
26 | | issue would prevent or impair the use of the |
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1 | | telephone number if the transfer occurs. |
2 | | (C) The petitioner assumes all financial |
3 | | responsibility for and right to the use of any |
4 | | telephone number transferred under this paragraph. In |
5 | | this paragraph, "financial responsibility" includes |
6 | | monthly service costs and costs associated with any |
7 | | mobile device associated with the number. |
8 | | (D) A wireless telephone service provider may |
9 | | apply to the petitioner its routine and customary |
10 | | requirements for establishing an account or |
11 | | transferring a number, including requiring the |
12 | | petitioner to provide proof of identification, |
13 | | financial information, and customer preferences.
|
14 | | (E) Except for willful or wanton misconduct, a |
15 | | wireless telephone service provider is immune from |
16 | | civil liability for its actions taken in compliance |
17 | | with a court order issued under this paragraph. |
18 | | (F) All wireless service providers that provide |
19 | | services to residential customers shall provide to the |
20 | | Illinois Commerce Commission the name and address of |
21 | | an agent for service of orders entered under this |
22 | | paragraph (18). Any change in status of the registered |
23 | | agent must be reported to the Illinois Commerce |
24 | | Commission within 30 days of such change. |
25 | | (G) The Illinois Commerce Commission shall |
26 | | maintain the list of registered agents for service for |
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1 | | each wireless telephone service provider on the |
2 | | Commission's website. The Commission may consult with |
3 | | wireless telephone service providers and the Circuit |
4 | | Court Clerks on the manner in which this information |
5 | | is provided and displayed. |
6 | | (c) Relevant factors; findings.
|
7 | | (1) In determining whether to grant a specific remedy, |
8 | | other than
payment of support, the court shall consider
|
9 | | relevant factors, including but not limited to the |
10 | | following:
|
11 | | (i) the nature, frequency, severity, pattern and |
12 | | consequences of the
respondent's past abuse, neglect |
13 | | or exploitation of the petitioner or
any family or |
14 | | household member, including the concealment of his or |
15 | | her
location in order to evade service of process or |
16 | | notice, and the likelihood of
danger of future abuse, |
17 | | neglect, or exploitation to petitioner or any member |
18 | | of
petitioner's or respondent's family or household; |
19 | | and
|
20 | | (ii) the danger that any minor child will be |
21 | | abused or neglected or
improperly relocated from the |
22 | | jurisdiction, improperly concealed within the
State or |
23 | | improperly separated from the child's primary |
24 | | caretaker.
|
25 | | (2) In comparing relative hardships resulting to the |
26 | | parties from loss
of possession of the family home, the |
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1 | | court shall consider relevant
factors, including but not |
2 | | limited to the following:
|
3 | | (i) availability, accessibility, cost, safety, |
4 | | adequacy, location and
other characteristics of |
5 | | alternate housing for each party and any minor child
|
6 | | or dependent adult in the party's care;
|
7 | | (ii) the effect on the party's employment; and
|
8 | | (iii) the effect on the relationship of the party, |
9 | | and any minor
child or dependent adult in the party's |
10 | | care, to family, school, church
and community.
|
11 | | (3) Subject to the exceptions set forth in paragraph |
12 | | (4) of this
subsection, the court shall make its findings |
13 | | in an official record or in
writing, and shall at a minimum |
14 | | set forth the following:
|
15 | | (i) That the court has considered the applicable |
16 | | relevant factors
described in paragraphs (1) and (2) |
17 | | of this subsection.
|
18 | | (ii) Whether the conduct or actions of respondent, |
19 | | unless
prohibited, will likely cause irreparable harm |
20 | | or continued abuse.
|
21 | | (iii) Whether it is necessary to grant the |
22 | | requested relief in order
to protect petitioner or |
23 | | other alleged abused persons.
|
24 | | (4) For purposes of issuing an ex parte emergency |
25 | | order of protection,
the court, as an alternative to or as |
26 | | a supplement to making the findings
described in |
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1 | | paragraphs (c)(3)(i) through (c)(3)(iii) of this |
2 | | subsection, may
use the following procedure:
|
3 | | When a verified petition for an emergency order of |
4 | | protection in
accordance with the requirements of Sections |
5 | | 203 and 217 is
presented to the court, the court shall |
6 | | examine petitioner on oath or
affirmation. An emergency |
7 | | order of protection shall be issued by the court
if it |
8 | | appears from the contents of the petition and the |
9 | | examination of
petitioner that the averments are |
10 | | sufficient to indicate abuse by
respondent and to support |
11 | | the granting of relief under the issuance of the
emergency |
12 | | order of protection.
|
13 | | (5) Never married parties. No rights or |
14 | | responsibilities for a minor
child born outside of |
15 | | marriage attach to a putative father until a father and
|
16 | | child relationship has been established under the Illinois |
17 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
18 | | the Illinois Public Aid Code, Section 12 of the Vital |
19 | | Records Act, the
Juvenile Court Act of 1987, the Probate |
20 | | Act of 1975, the Revised Uniform
Reciprocal Enforcement of |
21 | | Support Act, the Uniform Interstate Family Support
Act, |
22 | | the Expedited Child Support Act of 1990, any judicial, |
23 | | administrative, or
other act of another state or |
24 | | territory, any other Illinois statute, or by any
foreign |
25 | | nation establishing the father and child relationship, any |
26 | | other
proceeding substantially in conformity with the |
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1 | | Personal Responsibility and
Work Opportunity |
2 | | Reconciliation Act of 1996 (Pub. L. 104-193), or where |
3 | | both
parties appeared in open court or at an |
4 | | administrative hearing acknowledging
under
oath or |
5 | | admitting by affirmation the existence of a father and |
6 | | child
relationship.
Absent such an adjudication, finding, |
7 | | or acknowledgment, no putative
father shall be granted
|
8 | | temporary allocation of parental responsibilities, |
9 | | including parenting time with the minor child, or
physical |
10 | | care and possession of the minor child, nor shall an order |
11 | | of payment
for support of the minor child be entered.
|
12 | | (d) Balance of hardships; findings. If the court finds |
13 | | that the balance
of hardships does not support the granting of |
14 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of |
15 | | subsection (b) of this Section,
which may require such |
16 | | balancing, the court's findings shall so
indicate and shall |
17 | | include a finding as to whether granting the remedy will
|
18 | | result in hardship to respondent that would substantially |
19 | | outweigh the hardship
to petitioner from denial of the remedy. |
20 | | The findings shall be an official
record or in writing.
|
21 | | (e) Denial of remedies. Denial of any remedy shall not be |
22 | | based, in
whole or in part, on evidence that:
|
23 | | (1) Respondent has cause for any use of force, unless |
24 | | that cause
satisfies the standards for justifiable use of |
25 | | force provided by Article
7 of the Criminal Code of 2012;
|
26 | | (2) Respondent was voluntarily intoxicated;
|
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1 | | (3) Petitioner acted in self-defense or defense of |
2 | | another, provided
that, if petitioner utilized force, such |
3 | | force was justifiable under
Article 7 of the Criminal Code |
4 | | of 2012;
|
5 | | (4) Petitioner did not act in self-defense or defense |
6 | | of another;
|
7 | | (5) Petitioner left the residence or household to |
8 | | avoid further abuse,
neglect, or exploitation by |
9 | | respondent;
|
10 | | (6) Petitioner did not leave the residence or |
11 | | household to avoid further
abuse, neglect, or exploitation |
12 | | by respondent;
|
13 | | (7) Conduct by any family or household member excused |
14 | | the abuse,
neglect, or exploitation by respondent, unless |
15 | | that same conduct would have
excused such abuse, neglect, |
16 | | or exploitation if the parties had not been
family or |
17 | | household members.
|
18 | | (Source: P.A. 102-538, eff. 8-20-21.)
|
19 | | Section 10. The Firearm Owners Identification Card Act is |
20 | | amended by changing Section 9.5 as follows: |
21 | | (430 ILCS 65/9.5) |
22 | | Sec. 9.5. Revocation of Firearm Owner's Identification
|
23 | | Card. |
24 | | (a) A person who receives a revocation notice under |
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1 | | Section 9 of this Act shall, within 48 hours of receiving |
2 | | notice of the revocation: |
3 | | (1) surrender his or her Firearm Owner's |
4 | | Identification Card to the local law enforcement agency |
5 | | where the person resides or to the Illinois State Police; |
6 | | and |
7 | | (2) complete a Firearm Disposition Record on a form |
8 | | prescribed by the Illinois State Police and place his or |
9 | | her firearms in the location or with the person reported |
10 | | in the Firearm Disposition Record. The form shall require |
11 | | the person to disclose: |
12 | | (A) the make, model, and serial number of each |
13 | | firearm owned by or under the custody and control of |
14 | | the revoked person; |
15 | | (B) the location where each firearm will be |
16 | | maintained during the prohibited term; |
17 | | (C) if any firearm will be transferred to the |
18 | | custody of another person, the name, address and |
19 | | Firearm Owner's Identification Card number of the |
20 | | transferee; and |
21 | | (D) to whom his or her Firearm Owner's |
22 | | Identification Card was surrendered. |
23 | | Once completed, the person shall retain a copy and |
24 | | provide a copy of the Firearm Disposition Record to the |
25 | | Illinois State Police. |
26 | | (b) Upon confirming through the portal created under |
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1 | | Section 2605-304 of the Illinois State Police Law of the Civil |
2 | | Administrative Code of Illinois that the Firearm Owner's |
3 | | Identification Card has been revoked by the Illinois State |
4 | | Police, surrendered cards shall be destroyed by the law |
5 | | enforcement agency receiving the cards. If a card has not been |
6 | | revoked, the card shall be returned to the cardholder. |
7 | | (b-5) If a court orders the surrender of a Firearm |
8 | | Firearms Owner's Identification Card and accepts receipt of |
9 | | the Card, the court shall destroy the Card and direct the |
10 | | person whose Firearm Owner's Identification Card has been |
11 | | surrendered to comply with paragraph (2) of subsection (a). |
12 | | (b-10) If the person whose Firearm Owner's Identification |
13 | | Card has been revoked has either lost or destroyed the Card, |
14 | | the person must still comply with paragraph (2) of subsection |
15 | | (a). |
16 | | (b-15) A notation shall be made in the portal created |
17 | | under Section 2605-304 of the Illinois State Police Law of the |
18 | | Civil Administrative Code of Illinois that the revoked Firearm |
19 | | Owner's Identification Card has been destroyed. |
20 | | (c) If the person whose Firearm Owner's Identification |
21 | | Card has been revoked fails to comply with the requirements of |
22 | | this Section, the sheriff or law enforcement agency where the |
23 | | person resides may petition the circuit court to issue a |
24 | | warrant to search for and seize the Firearm Owner's |
25 | | Identification Card and firearms in the possession or under |
26 | | the custody or control of the person whose Firearm Owner's |
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1 | | Identification Card has been revoked. |
2 | | (d) A violation of subsection (a) of this Section is a |
3 | | Class A misdemeanor. |
4 | | (e) The observation of a Firearm Owner's Identification |
5 | | Card in the possession of a person whose Firearm Owner's |
6 | | Identification Card has been revoked constitutes a sufficient |
7 | | basis for the arrest of that person for violation of this |
8 | | Section. |
9 | | (f) Within 30 days after July 9, 2013 (the effective date |
10 | | of Public Act 98-63), the Illinois State Police shall provide |
11 | | written notice of the requirements of this Section to persons |
12 | | whose Firearm Owner's Identification Cards have been revoked, |
13 | | suspended, or expired and who have failed to surrender their |
14 | | cards to the Illinois State Police. |
15 | | (g) A person whose Firearm Owner's Identification Card has |
16 | | been revoked and who received notice under subsection (f) |
17 | | shall comply with the requirements of this Section within 48 |
18 | | hours of receiving notice.
|
19 | | Nothing in this Section shall supersede a court's |
20 | | authority to order remedies under paragraphs (14.5) and (14.6) |
21 | | of subsection (b) of Section 214 of the Illinois Domestic |
22 | | Violence Act of 1986, including, but not limited to, an order |
23 | | for surrender of a Firearm Owner's Identification Card, |
24 | | surrender of firearms, and issuance of a warrant for seizure |
25 | | of firearms. |
26 | | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; |
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1 | | 102-813, eff. 5-13-22; revised 8-24-22.) |
2 | | Section 15. The Firearms Restraining Order Act is amended |
3 | | by changing Section 5 as follows: |
4 | | (430 ILCS 67/5) |
5 | | Sec. 5. Definitions.
As used in this Act: |
6 | | "Family member of the respondent" means a spouse, former |
7 | | spouse, person with whom the respondent has a minor child in |
8 | | common, parent, child, or step-child of the respondent, any |
9 | | other person related by blood or present marriage to the |
10 | | respondent, or a person who shares a common dwelling with the |
11 | | respondent. |
12 | | "Firearms restraining order" means an order issued by the |
13 | | court, prohibiting and enjoining a named person from having in |
14 | | his or her custody or control, purchasing, possessing, or |
15 | | receiving any firearms or ammunition, or removing firearm |
16 | | parts that could be assembled to make an operable firearm.
|
17 | | "Intimate partner" means a spouse, former spouse, a person |
18 | | with whom the respondent has or allegedly has a child in |
19 | | common, or a person with whom the respondent has or has had a |
20 | | dating or engagement relationship. |
21 | | "Petitioner" means: |
22 | | (1) a family member of the respondent as defined in |
23 | | this Act; or
|
24 | | (2) a law enforcement officer
who files a petition |
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1 | | alleging that the respondent poses a danger of causing |
2 | | personal injury to himself, herself, or another by having |
3 | | in his or her custody or control, purchasing, possessing, |
4 | | or receiving a firearm, ammunition, or firearm parts that |
5 | | could be assembled to make an operable firearm or removing |
6 | | firearm parts that could be assembled to make an operable |
7 | | firearm ; or . |
8 | | (3) intimate partner as defined in this Act. |
9 | | "Respondent" means the person alleged in the petition to |
10 | | pose a danger of causing personal injury to himself, herself, |
11 | | or another by having in his or her custody or control, |
12 | | purchasing, possessing, or receiving a firearm, ammunition, or |
13 | | firearm parts that could be assembled to make an operable |
14 | | firearm or removing firearm parts that could be assembled to |
15 | | make an operable firearm.
|
16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .)".
|