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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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; |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 .)".
|