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1 | AN ACT concerning microstamping.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Article 1. | |||||||||||||||||||
5 | Section 1-1. Short title. This Article may be cited as the | |||||||||||||||||||
6 | Microstamping Funding Program Act.
References in this Article | |||||||||||||||||||
7 | to "this Act" mean this Article. | |||||||||||||||||||
8 | Section 1-5. Legislative findings. The General Assembly | |||||||||||||||||||
9 | finds that: | |||||||||||||||||||
10 | Law enforcement makes an arrest in only 35% of firearm | |||||||||||||||||||
11 | homicides and 21% of firearm
assaults when the victim was | |||||||||||||||||||
12 | Black or Hispanic.
Microstamping is a powerful crime-solving | |||||||||||||||||||
13 | tool that can help law enforcement quickly
solve gun crimes.
| |||||||||||||||||||
14 | Microstamping is a reliable ballistics identification tool, | |||||||||||||||||||
15 | and can greatly enhance
traditional ballistics analysis and | |||||||||||||||||||
16 | the current National Integrated Ballistics Information
Network | |||||||||||||||||||
17 | (NIBIN) system by providing a direct link between a spent | |||||||||||||||||||
18 | cartridge case and a
firearm. | |||||||||||||||||||
19 | The leads generated from fired cartridge cases, bearing | |||||||||||||||||||
20 | microstamps found at crime scenes, have the potential to help | |||||||||||||||||||
21 | law
enforcement solve gun-related crimes while limiting | |||||||||||||||||||
22 | negative interactions with law
enforcement, especially in |
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1 | minority communities.
While this crime-solving technology | ||||||
2 | exists, firearm manufacturers have not yet produced
| ||||||
3 | microstamp-ready firearms.
| ||||||
4 | It behooves the State to install a program in partnership | ||||||
5 | with law enforcement to bring
microstamp-ready firearms into | ||||||
6 | use in Illinois. | ||||||
7 | Section 1-10. Definitions. In this Act: | ||||||
8 | "CGIC" means the Crime Gun Intelligence Center. | ||||||
9 | "Microstamp-ready" means that the firearm is capable of | ||||||
10 | producing a unique
alphanumeric or geometric code on at least | ||||||
11 | one location on each expended cartridge
case that can be used | ||||||
12 | to identify the make, model, and serial number of the firearm. | ||||||
13 | "Microstamping component or mechanism" means a component | ||||||
14 | or mechanism of a firearm or an insertable component or | ||||||
15 | mechanism designed and intended
to produce a unique | ||||||
16 | alphanumeric or geometric code on an expended cartridge that
| ||||||
17 | identifies the make, model, and serial number of the firearm. | ||||||
18 | "NIBIN" means the National Integrated Ballistic | ||||||
19 | Information Network. | ||||||
20 | Section 1-15. Grants for microstamp-ready firearms or | ||||||
21 | insertable microstamping components or mechanisms, or both. | ||||||
22 | (a) There is created in the State treasury the | ||||||
23 | Microstamp-ready Firearms Fund to be administered by the | ||||||
24 | Illinois Criminal Justice Information Authority for the |
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| |||||||
1 | purpose of issuing grants to law enforcement agencies to | ||||||
2 | purchase or replenish microstamp-ready firearms or insertable | ||||||
3 | microstamping components or mechanisms to be installed in | ||||||
4 | firearms, or both, for their officers. | ||||||
5 | (b) Subject to appropriation, the State Comptroller shall | ||||||
6 | transfer from the General Revenue Fund to the Microstamp-ready | ||||||
7 | Firearms Fund $500,000 to establish a grant program for | ||||||
8 | microstamp-ready firearms in Illinois. The program shall | ||||||
9 | award: | ||||||
10 | (1) Replenishment grants: grants between $35,000 and | ||||||
11 | $50,000, for the
replenishment of new microstamp-ready | ||||||
12 | firearms or insertable microstamping components or | ||||||
13 | mechanisms, or both, for their law enforcement officers. | ||||||
14 | One of these grants shall be for
a State law enforcement | ||||||
15 | agency, and the other 3 shall be for 3 municipal law
| ||||||
16 | enforcement agencies of municipalities with a population | ||||||
17 | between 50,000 and
200,000 that purchase firearms for | ||||||
18 | their officers through a quartermaster
system, in which | ||||||
19 | the quartermaster is responsible for the purchase, | ||||||
20 | inventory,
and dissemination of uniforms and equipment to | ||||||
21 | officers. | ||||||
22 | (2) New officer grants: grants between $5,000 to | ||||||
23 | $20,000 to law enforcement
agencies of municipalities with | ||||||
24 | a population between 30,000 and 200,000 to
assist with the | ||||||
25 | purchase of firearms by new officers. | ||||||
26 | (c) Nothing in this Act prohibits State or municipal law |
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| |||||||
1 | enforcement agencies from purchasing or replenishing | ||||||
2 | microstamp-ready firearms or insertable microstamping | ||||||
3 | components or mechanisms, or both, for their law enforcement | ||||||
4 | officers from funding sources independent of the provisions of | ||||||
5 | this Act. | ||||||
6 | Section 1-20. Administration and restrictions. The grant | ||||||
7 | program shall be administered by the Illinois Criminal Justice | ||||||
8 | Information Authority and the grant funds shall only be used | ||||||
9 | for the purchase of microstamp-ready firearms or microstamping | ||||||
10 | components or mechanisms, or both, to be installed in firearms | ||||||
11 | by law enforcement agencies that are grant recipients. | ||||||
12 | Section 1-25. Education and training. Education and | ||||||
13 | training associated with microstamp-ready firearms, and | ||||||
14 | integration with
the NIBIN and CGIC centers in Illinois shall | ||||||
15 | be included in the program.
| ||||||
16 | Section 1-30. Grant application and participation. The | ||||||
17 | Illinois Criminal Justice Information Authority shall | ||||||
18 | establish the objectives and provide direction for the | ||||||
19 | program's grant application process, by which qualified law | ||||||
20 | enforcement agencies can apply to receive funds for | ||||||
21 | microstamp-ready firearms or insertable microstamping | ||||||
22 | components or mechanisms, or both, for use by their officers. | ||||||
23 | Law enforcement agencies participating in the grant program |
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1 | must have their officers using the microstamp-ready firearms | ||||||
2 | or insertable microstamping components or mechanisms, or both, | ||||||
3 | as soon as they are delivered. The Illinois Criminal Justice | ||||||
4 | Information Authority must establish the grant program and | ||||||
5 | post the Notice of Funding Opportunity no later than September | ||||||
6 | 1, 2024. | ||||||
7 | All grants under this program must be awarded by June 30, | ||||||
8 | 2023. | ||||||
9 | Law enforcement agencies that have been awarded funds must | ||||||
10 | use the funds within one year of receipt or the funds shall be | ||||||
11 | returned to the State treasury to be deposited into the | ||||||
12 | General Revenue Fund.
Funds are only to be used for the | ||||||
13 | purchase of microstamp-ready firearms or insertable | ||||||
14 | microstamping components or mechanisms to be installed in | ||||||
15 | firearms. | ||||||
16 | Section 1-35. Data collection. The Illinois Criminal | ||||||
17 | Justice Information Authority shall collect data from each | ||||||
18 | grant recipient, including but not
limited to:
the number of | ||||||
19 | microstamp-ready firearms or insertable microstamping | ||||||
20 | components or mechanisms, or both, purchased,
manufacturer,
| ||||||
21 | number of officers using the microstamp-ready firearms, and
| ||||||
22 | the number of microstamp-ready firearms that are discharged in | ||||||
23 | the first year of use.
| ||||||
24 | Section 1-90. The Illinois Administrative Procedure Act is |
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| |||||||
1 | amended by adding Section 5-45.38 as follows: | ||||||
2 | (5 ILCS 100/5-45.38 new) | ||||||
3 | Sec. 5-45.38. Emergency rulemaking; Illinois Criminal | ||||||
4 | Justice Information Authority. To provide for the expeditious | ||||||
5 | and timely implementation of the Microstamping Funding Program | ||||||
6 | Act, emergency rules implementing the Microstamping Funding | ||||||
7 | Program Act may be adopted in accordance with Section 5-45 by | ||||||
8 | the Illinois Criminal Justice Information Authority. The | ||||||
9 | adoption of emergency rules authorized by Section 5-45 and | ||||||
10 | this Section is deemed to be necessary for the public | ||||||
11 | interest, safety, and welfare. | ||||||
12 | This Section is repealed one year after the effective date | ||||||
13 | of this amendatory Act of the 103rd General Assembly. | ||||||
14 | Section 1-95. The State Finance Act is amended by adding | ||||||
15 | Section 5.990 as follows: | ||||||
16 | (30 ILCS 105/5.990 new) | ||||||
17 | Sec. 5.990. The Microstamp-ready Firearms Fund. | ||||||
18 | Article 2. | ||||||
19 | Section 2-5. The State Finance Act is amended by adding | ||||||
20 | Section 5.991 as follows: |
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| |||||||
1 | (30 ILCS 105/5.991 new) | ||||||
2 | Sec. 5.991. The Trauma Response Fund. | ||||||
3 | Section 2-10. The School Code is amended by adding | ||||||
4 | Sections 10-20.82 and 34-18.77 as follows: | ||||||
5 | (105 ILCS 5/10-20.82 new) | ||||||
6 | Sec. 10-20.82. Trauma response protocol. | ||||||
7 | (a) Each school board shall develop a trauma response | ||||||
8 | protocol that shall be implemented in response to a traumatic | ||||||
9 | event at a school, including, but not limited to, a shooting at | ||||||
10 | the school. The trauma response protocol shall include, but is | ||||||
11 | not limited to, the following: | ||||||
12 | (1) As soon as practicable after the traumatic | ||||||
13 | incident triggering the implementation of the trauma | ||||||
14 | response protocol and after the scene is secured by law | ||||||
15 | enforcement, the hospital nearest to the scene of the | ||||||
16 | traumatic incident shall send mental health first | ||||||
17 | responders to the school. Survivors of the shooting shall | ||||||
18 | be offered immediate grief and trauma-based counseling. | ||||||
19 | With respect to the requirements of this paragraph, the | ||||||
20 | school board shall establish an agreement with each nearby | ||||||
21 | hospital, and shall designate which hospital is considered | ||||||
22 | to be nearest to each school. | ||||||
23 | (2) Within 5 calendar days after a traumatic incident | ||||||
24 | triggering the implementation of the trauma response |
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| |||||||
1 | protocol, the school or school district shall make | ||||||
2 | available trauma intervention services for the survivors | ||||||
3 | of the incident and others who may be impacted by the | ||||||
4 | incident. In areas with frequent gun violence, additional | ||||||
5 | psycho-emotional support services shall be developed that | ||||||
6 | include, but are not limited to, group counseling, | ||||||
7 | peer-to-peer support, and other measures. With respect to | ||||||
8 | the requirements of this paragraph, school districts may | ||||||
9 | partner with local community groups to implement these | ||||||
10 | requirements. | ||||||
11 | (3) School boards shall develop a plan of community | ||||||
12 | engagement and, if necessary, to recruit volunteers from | ||||||
13 | the communities experiencing gun violence. School boards | ||||||
14 | may partner with community members, the faith-based | ||||||
15 | community, and other organizations to engage in the | ||||||
16 | recruitment efforts. | ||||||
17 | (b) The Trauma Response Fund is created as a special fund | ||||||
18 | in the State treasury. All moneys in the Fund shall be paid, | ||||||
19 | subject to appropriation by the General Assembly and | ||||||
20 | distribution by the State Board of Education, as grants to | ||||||
21 | school districts to implement trauma response protocols under | ||||||
22 | this Section and Section 34-18.77. | ||||||
23 | (105 ILCS 5/34-18.77 new) | ||||||
24 | Sec. 34-18.77. Trauma response protocol. The board shall | ||||||
25 | develop a trauma response protocol that shall be implemented |
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1 | in response to a traumatic event at a school, including, but | ||||||
2 | not limited to, a shooting at the school. The trauma response | ||||||
3 | protocol shall include, but is not limited to, the following: | ||||||
4 | (1) As soon as practicable after the traumatic | ||||||
5 | incident triggering the implementation of the trauma | ||||||
6 | response protocol and after the scene is secured by law | ||||||
7 | enforcement, the hospital nearest to the scene of the | ||||||
8 | traumatic incident shall send mental health first | ||||||
9 | responders to the school. Survivors of the shooting shall | ||||||
10 | be offered immediate grief and trauma-based counseling. | ||||||
11 | With respect to the requirements of this paragraph, the | ||||||
12 | board shall establish an agreement with each nearby | ||||||
13 | hospital, and shall designate which hospital is considered | ||||||
14 | to be nearest to each school. | ||||||
15 | (2) Within 5 calendar days after a traumatic incident | ||||||
16 | triggering the implementation of the trauma response | ||||||
17 | protocol, the school or the board shall make available | ||||||
18 | trauma intervention services for the survivors of the | ||||||
19 | incident and others who may be impacted by the incident. | ||||||
20 | In areas with frequent gun violence, additional | ||||||
21 | psycho-emotional support services shall be developed that | ||||||
22 | include, but are not limited to, group counseling, | ||||||
23 | peer-to-peer support, and other measures. With respect to | ||||||
24 | the requirements of this paragraph, the board may partner | ||||||
25 | with local community groups to implement these | ||||||
26 | requirements. |
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| |||||||
1 | (3) The board shall develop a plan of community | ||||||
2 | engagement and, if necessary, to recruit volunteers from | ||||||
3 | the communities experiencing gun violence. The board may | ||||||
4 | partner with community members, the faith-based community, | ||||||
5 | and other organizations to engage in the recruitment | ||||||
6 | efforts. | ||||||
7 | Section 2-15. The University of Illinois Hospital Act is | ||||||
8 | amended by adding Section 15 as follows: | ||||||
9 | (110 ILCS 330/15 new) | ||||||
10 | Sec. 15. School trauma response protocol. The University | ||||||
11 | of Illinois Hospital shall, pursuant to paragraph (1) of | ||||||
12 | Section 10-20.82 or paragraph (1) of Section 34-18.77 of the | ||||||
13 | School Code, as applicable, establish agreements with school | ||||||
14 | districts in the development of a trauma response protocol. | ||||||
15 | Section 2-20. The Hospital Licensing Act is amended by | ||||||
16 | adding Section 6.34 as follows: | ||||||
17 | (210 ILCS 85/6.34 new) | ||||||
18 | Sec. 6.34. School trauma response protocol. Every hospital | ||||||
19 | shall, pursuant to paragraph (1) of Section 10-20.82 or | ||||||
20 | paragraph (1) of Section 34-18.77 of the School Code, as | ||||||
21 | applicable, establish agreements with school districts in the | ||||||
22 | development of a trauma response protocol. |
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1 | Section 2-25. The Mental Health and Developmental | ||||||
2 | Disabilities Code is amended by changing Section 6-103.3 as | ||||||
3 | follows: | ||||||
4 | (405 ILCS 5/6-103.3) | ||||||
5 | Sec. 6-103.3. Clear and present danger; notice. | ||||||
6 | (a) If a person is determined to pose a clear and present | ||||||
7 | danger to himself, herself, or to others by a physician, | ||||||
8 | clinical psychologist, or qualified examiner, whether employed | ||||||
9 | by the State, by any public or private mental health facility | ||||||
10 | or part thereof, or by a law enforcement official or a school | ||||||
11 | administrator, then the physician, clinical psychologist, | ||||||
12 | qualified examiner shall notify the Department of Human | ||||||
13 | Services and a law enforcement official or school | ||||||
14 | administrator shall notify the Illinois State Police, within | ||||||
15 | 24 hours of making the determination that the person poses a | ||||||
16 | clear and present danger. The Department of Human Services | ||||||
17 | shall immediately update its records and information relating | ||||||
18 | to mental health and developmental disabilities, and if | ||||||
19 | appropriate, shall notify the Illinois State Police in a form | ||||||
20 | and manner prescribed by the Illinois State Police. If a | ||||||
21 | person has been determined to pose a clear and present danger | ||||||
22 | under this subsection, the physician, clinical psychologist, | ||||||
23 | or qualified examiner shall determine whether to file an | ||||||
24 | action under the Firearms Restraining Order Act naming that |
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1 | person as the respondent. | ||||||
2 | (b) Information disclosed under this Section shall remain | ||||||
3 | privileged and confidential, and shall not be redisclosed, | ||||||
4 | except as required under subsection (e) of Section 3.1 of the | ||||||
5 | Firearm Owners Identification Card Act or for the purpose of | ||||||
6 | an action under the Firearms Restraining Order Act , nor used | ||||||
7 | for any other purpose. The method of providing this | ||||||
8 | information shall guarantee that the information is not | ||||||
9 | released beyond that which is necessary for the purposes | ||||||
10 | provided by purpose of this Section and shall be provided by | ||||||
11 | rule by the Department of Human Services. The identity of the | ||||||
12 | person reporting under this Section shall not be disclosed to | ||||||
13 | the subject of the report. The physician, clinical | ||||||
14 | psychologist, qualified examiner, law enforcement official, or | ||||||
15 | school administrator making the determination and his or her | ||||||
16 | employer shall not be held criminally, civilly, or | ||||||
17 | professionally liable for making or not making the | ||||||
18 | notification required under this Section, except for willful | ||||||
19 | or wanton misconduct. This Section does not apply to a law | ||||||
20 | enforcement official, if making the notification under this | ||||||
21 | Section will interfere with an ongoing or pending criminal | ||||||
22 | investigation. | ||||||
23 | (c) For the purposes of this Section: | ||||||
24 | "Clear and present danger" has the meaning ascribed to | ||||||
25 | it in Section 1.1 of the Firearm Owners Identification | ||||||
26 | Card Act. |
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1 | "Determined to pose a clear and present danger to | ||||||
2 | himself, herself, or to others by a physician, clinical | ||||||
3 | psychologist, or qualified examiner" means in the | ||||||
4 | professional opinion of the physician, clinical | ||||||
5 | psychologist, or qualified examiner, a person poses a | ||||||
6 | clear and present danger. | ||||||
7 | "School administrator" means the person required to | ||||||
8 | report under the School Administrator Reporting of Mental | ||||||
9 | Health Clear and Present Danger Determinations Law.
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10 | (Source: P.A. 102-538, eff. 8-20-21.) | ||||||
11 | Section 2-30. The Developmental Disability and Mental | ||||||
12 | Disability Services Act is by adding Section 7-5 as follows: | ||||||
13 | (405 ILCS 80/7-5 new) | ||||||
14 | Sec. 7-5. Mental health services for indigent families. | ||||||
15 | The Department of Human Services
shall establish family | ||||||
16 | centers throughout this State to provide
counseling and mental | ||||||
17 | health services to families who are
indigent based on any | ||||||
18 | behavior or mental health condition as
determined by | ||||||
19 | Department rule. The Department shall employ or
contract with | ||||||
20 | psychiatrists, clinical psychologists, clinical
social | ||||||
21 | workers, and licensed marriage and family therapists to
| ||||||
22 | provide those services. | ||||||
23 | Section 2-35. The Firearm Owners Identification Card Act |
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| |||||||
1 | is amended by changing Sections 3 and 8.1 and by adding Section | ||||||
2 | 3.4 as follows: | ||||||
3 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
4 | (Text of Section before amendment by P.A. 102-237 ) | ||||||
5 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
6 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
7 | firearm ammunition, stun gun, or taser to any person within | ||||||
8 | this State unless the
transferee with whom he deals displays | ||||||
9 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
10 | Card which has previously been issued in his or her name by the
| ||||||
11 | Illinois State Police under the provisions of this Act; or (2) | ||||||
12 | a currently valid license to carry a concealed firearm which | ||||||
13 | has previously been issued in his or her name by the
Illinois | ||||||
14 | State Police under the Firearm Concealed Carry Act. In | ||||||
15 | addition,
all firearm, stun gun, and taser transfers by | ||||||
16 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
17 | (a-1) Before a person purchases or receives a firearm from
| ||||||
18 | a federally licensed firearm dealer, the person must display
| ||||||
19 | to the dealer of the firearm a permit to purchase or receive
| ||||||
20 | the firearm issued by the local law enforcement agency under
| ||||||
21 | Section 3.4. | ||||||
22 | (a-5) Any person who is not a federally licensed firearm | ||||||
23 | dealer and who desires to transfer or sell a firearm while that | ||||||
24 | person is on the grounds of a gun show must, before selling or | ||||||
25 | transferring the firearm, request the Illinois State Police to |
| |||||||
| |||||||
1 | conduct a background check on the prospective recipient of the | ||||||
2 | firearm in accordance with Section 3.1.
| ||||||
3 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
4 | Section, any person who is not a federally licensed firearm | ||||||
5 | dealer and who desires to transfer or sell a firearm or | ||||||
6 | firearms to any person who is not a federally licensed firearm | ||||||
7 | dealer shall, before selling or transferring the firearms, | ||||||
8 | contact a federal firearm license dealer under paragraph (1) | ||||||
9 | of subsection (a-15) of this Section to conduct the transfer | ||||||
10 | or the Illinois State Police with the transferee's or | ||||||
11 | purchaser's Firearm Owner's Identification Card number to | ||||||
12 | determine the validity of the transferee's or purchaser's | ||||||
13 | Firearm Owner's Identification Card under State and federal | ||||||
14 | law including the National Instant Criminal Background Check | ||||||
15 | System. This subsection shall not be effective until July 1, | ||||||
16 | 2023. Until that date the transferor shall contact the | ||||||
17 | Illinois State Police with the transferee's or purchaser's | ||||||
18 | Firearm Owner's Identification Card number to determine the | ||||||
19 | validity of the card. The Illinois State Police may adopt | ||||||
20 | rules concerning the implementation of this subsection. The | ||||||
21 | Illinois State Police shall provide the seller or transferor | ||||||
22 | an approval number if the purchaser's Firearm Owner's | ||||||
23 | Identification Card is valid. Approvals issued by the Illinois | ||||||
24 | State Police for the purchase of a firearm pursuant to this | ||||||
25 | subsection are valid for 30 days from the date of issue. | ||||||
26 | (a-15) The provisions of subsection (a-10) of this Section |
| |||||||
| |||||||
1 | do not apply to: | ||||||
2 | (1) transfers that occur at the place of business of a | ||||||
3 | federally licensed firearm dealer, if the federally | ||||||
4 | licensed firearm dealer conducts a background check on the | ||||||
5 | prospective recipient of the firearm in accordance with | ||||||
6 | Section 3.1 of this Act and follows all other applicable | ||||||
7 | federal, State, and local laws as if he or she were the | ||||||
8 | seller or transferor of the firearm, although the dealer | ||||||
9 | is not required to accept the firearm into his or her | ||||||
10 | inventory. The purchaser or transferee may be required by | ||||||
11 | the federally licensed firearm dealer to pay a fee not to | ||||||
12 | exceed $25 per firearm, which the dealer may retain as | ||||||
13 | compensation for performing the functions required under | ||||||
14 | this paragraph, plus the applicable fees authorized by | ||||||
15 | Section 3.1; | ||||||
16 | (2) transfers as a bona fide gift to the transferor's | ||||||
17 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
18 | father, mother, stepfather, stepmother, brother, sister, | ||||||
19 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
20 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
21 | son-in-law, or daughter-in-law; | ||||||
22 | (3) transfers by persons acting pursuant to operation | ||||||
23 | of law or a court order; | ||||||
24 | (4) transfers on the grounds of a gun show under | ||||||
25 | subsection (a-5) of this Section; | ||||||
26 | (5) the delivery of a firearm by its owner to a |
| |||||||
| |||||||
1 | gunsmith for service or repair, the return of the firearm | ||||||
2 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
3 | by a gunsmith to a federally licensed firearms dealer for | ||||||
4 | service or repair and the return of the firearm to the | ||||||
5 | gunsmith; | ||||||
6 | (6) temporary transfers that occur while in the home | ||||||
7 | of the unlicensed transferee, if the unlicensed transferee | ||||||
8 | is not otherwise prohibited from possessing firearms and | ||||||
9 | the unlicensed transferee reasonably believes that | ||||||
10 | possession of the firearm is necessary to prevent imminent | ||||||
11 | death or great bodily harm to the unlicensed transferee; | ||||||
12 | (7) transfers to a law enforcement or corrections | ||||||
13 | agency or a law enforcement or corrections officer acting | ||||||
14 | within the course and scope of his or her official duties; | ||||||
15 | (8) transfers of firearms that have been rendered | ||||||
16 | permanently inoperable to a nonprofit historical society, | ||||||
17 | museum, or institutional collection; and | ||||||
18 | (9) transfers to a person who is exempt from the | ||||||
19 | requirement of possessing a Firearm Owner's Identification | ||||||
20 | Card under Section 2 of this Act. | ||||||
21 | (a-20) The Illinois State Police shall develop an | ||||||
22 | Internet-based system for individuals to determine the | ||||||
23 | validity of a Firearm Owner's Identification Card prior to the | ||||||
24 | sale or transfer of a firearm. The Illinois State Police shall | ||||||
25 | have the Internet-based system updated and available for use | ||||||
26 | by January 1, 2024. The Illinois State Police shall adopt |
| |||||||
| |||||||
1 | rules not inconsistent with this Section to implement this | ||||||
2 | system, but no rule shall allow the Illinois State Police to | ||||||
3 | retain records in contravention of State and federal law. | ||||||
4 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
5 | Police shall develop an Internet-based system upon which the | ||||||
6 | serial numbers of firearms that have been reported stolen are | ||||||
7 | available for public access for individuals to ensure any | ||||||
8 | firearms are not reported stolen prior to the sale or transfer | ||||||
9 | of a firearm under this Section. The Illinois State Police | ||||||
10 | shall have the Internet-based system completed and available | ||||||
11 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
12 | rules not inconsistent with this Section to implement this | ||||||
13 | system. | ||||||
14 | (b) Any person within this State who transfers or causes | ||||||
15 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
16 | record of such transfer for a period
of 10 years from the date | ||||||
17 | of transfer. Any person within this State who receives any | ||||||
18 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
19 | shall provide a record of the transfer within 10 days of the | ||||||
20 | transfer to a federally licensed firearm dealer and shall not | ||||||
21 | be required to maintain a transfer record. The federally | ||||||
22 | licensed firearm dealer shall maintain the transfer record for | ||||||
23 | 20 years from the date of receipt. A federally licensed | ||||||
24 | firearm dealer may charge a fee not to exceed $25 to retain the | ||||||
25 | record. The record shall be provided and maintained in either | ||||||
26 | an electronic or paper format. The federally licensed firearm |
| |||||||
| |||||||
1 | dealer shall not be liable for the accuracy of any information | ||||||
2 | in the transfer record submitted pursuant to this Section. | ||||||
3 | Such records shall contain the date
of the transfer; the | ||||||
4 | description, serial number or other information
identifying | ||||||
5 | the firearm, stun gun, or taser if no serial number is | ||||||
6 | available; and, if the
transfer was completed within this | ||||||
7 | State, the transferee's Firearm Owner's
Identification Card | ||||||
8 | number and any approval number or documentation provided by | ||||||
9 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
10 | this Section; if the transfer was not completed within this | ||||||
11 | State, the record shall contain the name and address of the | ||||||
12 | transferee. On or after January 1, 2006, the record shall | ||||||
13 | contain the date of application for transfer of the firearm. | ||||||
14 | On demand of a peace officer such transferor
shall produce for | ||||||
15 | inspection such record of transfer. For any transfer pursuant | ||||||
16 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
17 | officer, such transferee shall identify the federally licensed | ||||||
18 | firearm dealer maintaining the transfer record. If the | ||||||
19 | transfer or sale took place at a gun show, the record shall | ||||||
20 | include the unique identification number. Failure to record | ||||||
21 | the unique identification number or approval number is a petty | ||||||
22 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
23 | or after January 18, 2019 (the effective date of Public Act | ||||||
24 | 100-1178), failure by the private seller to maintain the | ||||||
25 | transfer records in accordance with this Section, or failure | ||||||
26 | by a transferee pursuant to subsection a-10 of this Section to |
| |||||||
| |||||||
1 | identify the federally licensed firearm dealer maintaining the | ||||||
2 | transfer record, is a Class A misdemeanor for the first | ||||||
3 | offense and a Class 4 felony for a second or subsequent offense | ||||||
4 | occurring within 10 years of the first offense and the second | ||||||
5 | offense was committed after conviction of the first offense. | ||||||
6 | Whenever any person who has not previously been convicted of | ||||||
7 | any violation of subsection (a-5), the court may grant | ||||||
8 | supervision pursuant to and consistent with the limitations of | ||||||
9 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
10 | or transferor shall not be criminally liable under this | ||||||
11 | Section provided that he or she provides the Illinois State | ||||||
12 | Police with the transfer records in accordance with procedures | ||||||
13 | established by the Illinois State Police. The Illinois State | ||||||
14 | Police shall establish, by rule, a standard form on its | ||||||
15 | website. | ||||||
16 | (b-5) Any resident may purchase ammunition from a person | ||||||
17 | within or outside of Illinois if shipment is by United States | ||||||
18 | mail or by a private express carrier authorized by federal law | ||||||
19 | to ship ammunition. Any resident purchasing ammunition within | ||||||
20 | or outside the State of Illinois must provide the seller with a | ||||||
21 | copy of his or her valid Firearm Owner's Identification Card | ||||||
22 | or valid concealed carry license and either his or her | ||||||
23 | Illinois driver's license or Illinois State Identification | ||||||
24 | Card prior to the shipment of the ammunition. The ammunition | ||||||
25 | may be shipped only to an address on either of those 2 | ||||||
26 | documents. |
| |||||||
| |||||||
1 | (c) The provisions of this Section regarding the transfer | ||||||
2 | of firearm
ammunition shall not apply to those persons | ||||||
3 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
4 | (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
5 | 102-1116, eff. 1-10-23.) | ||||||
6 | (Text of Section after amendment by P.A. 102-237 ) | ||||||
7 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
8 | knowingly
transfer, or cause to be transferred, any firearm, | ||||||
9 | firearm ammunition, stun gun, or taser to any person within | ||||||
10 | this State unless the
transferee with whom he deals displays | ||||||
11 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
12 | Card which has previously been issued in his or her name by the
| ||||||
13 | Illinois State Police under the provisions of this Act; or (2) | ||||||
14 | a currently valid license to carry a concealed firearm which | ||||||
15 | has previously been issued in his or her name by the
Illinois | ||||||
16 | State Police under the Firearm Concealed Carry Act. In | ||||||
17 | addition,
all firearm, stun gun, and taser transfers by | ||||||
18 | federally licensed firearm dealers are subject
to Section 3.1. | ||||||
19 | (a-1) Before a person purchases or receives a firearm from
| ||||||
20 | a federally licensed firearm dealer, the person must display
| ||||||
21 | to the dealer of the firearm a permit to purchase or receive
| ||||||
22 | the firearm issued by the local law enforcement agency under
| ||||||
23 | Section 3.4. | ||||||
24 | (a-5) Any person who is not a federally licensed firearm | ||||||
25 | dealer and who desires to transfer or sell a firearm while that |
| |||||||
| |||||||
1 | person is on the grounds of a gun show must, before selling or | ||||||
2 | transferring the firearm, request the Illinois State Police to | ||||||
3 | conduct a background check on the prospective recipient of the | ||||||
4 | firearm in accordance with Section 3.1.
| ||||||
5 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
6 | Section, any person who is not a federally licensed firearm | ||||||
7 | dealer and who desires to transfer or sell a firearm or | ||||||
8 | firearms to any person who is not a federally licensed firearm | ||||||
9 | dealer shall, before selling or transferring the firearms, | ||||||
10 | contact a federal firearm license dealer under paragraph (1) | ||||||
11 | of subsection (a-15) of this Section to conduct the transfer | ||||||
12 | or the Illinois State Police with the transferee's or | ||||||
13 | purchaser's Firearm Owner's Identification Card number to | ||||||
14 | determine the validity of the transferee's or purchaser's | ||||||
15 | Firearm Owner's Identification Card under State and federal | ||||||
16 | law, including the National Instant Criminal Background Check | ||||||
17 | System. This subsection shall not be effective until July 1, | ||||||
18 | 2023. Until that date the transferor shall contact the | ||||||
19 | Illinois State Police with the transferee's or purchaser's | ||||||
20 | Firearm Owner's Identification Card number to determine the | ||||||
21 | validity of the card. The Illinois State Police may adopt | ||||||
22 | rules concerning the implementation of this subsection. The | ||||||
23 | Illinois State Police shall provide the seller or transferor | ||||||
24 | an approval number if the purchaser's Firearm Owner's | ||||||
25 | Identification Card is valid. Approvals issued by the Illinois | ||||||
26 | State Police for the purchase of a firearm pursuant to this |
| |||||||
| |||||||
1 | subsection are valid for 30 days from the date of issue. | ||||||
2 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
3 | do not apply to: | ||||||
4 | (1) transfers that occur at the place of business of a | ||||||
5 | federally licensed firearm dealer, if the federally | ||||||
6 | licensed firearm dealer conducts a background check on the | ||||||
7 | prospective recipient of the firearm in accordance with | ||||||
8 | Section 3.1 of this Act and follows all other applicable | ||||||
9 | federal, State, and local laws as if he or she were the | ||||||
10 | seller or transferor of the firearm, although the dealer | ||||||
11 | is not required to accept the firearm into his or her | ||||||
12 | inventory. The purchaser or transferee may be required by | ||||||
13 | the federally licensed firearm dealer to pay a fee not to | ||||||
14 | exceed $25 per firearm, which the dealer may retain as | ||||||
15 | compensation for performing the functions required under | ||||||
16 | this paragraph, plus the applicable fees authorized by | ||||||
17 | Section 3.1; | ||||||
18 | (2) transfers as a bona fide gift to the transferor's | ||||||
19 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
20 | father, mother, stepfather, stepmother, brother, sister, | ||||||
21 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
22 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
23 | son-in-law, or daughter-in-law; | ||||||
24 | (3) transfers by persons acting pursuant to operation | ||||||
25 | of law or a court order; | ||||||
26 | (4) transfers on the grounds of a gun show under |
| |||||||
| |||||||
1 | subsection (a-5) of this Section; | ||||||
2 | (5) the delivery of a firearm by its owner to a | ||||||
3 | gunsmith for service or repair, the return of the firearm | ||||||
4 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
5 | by a gunsmith to a federally licensed firearms dealer for | ||||||
6 | service or repair and the return of the firearm to the | ||||||
7 | gunsmith; | ||||||
8 | (6) temporary transfers that occur while in the home | ||||||
9 | of the unlicensed transferee, if the unlicensed transferee | ||||||
10 | is not otherwise prohibited from possessing firearms and | ||||||
11 | the unlicensed transferee reasonably believes that | ||||||
12 | possession of the firearm is necessary to prevent imminent | ||||||
13 | death or great bodily harm to the unlicensed transferee; | ||||||
14 | (7) transfers to a law enforcement or corrections | ||||||
15 | agency or a law enforcement or corrections officer acting | ||||||
16 | within the course and scope of his or her official duties; | ||||||
17 | (8) transfers of firearms that have been rendered | ||||||
18 | permanently inoperable to a nonprofit historical society, | ||||||
19 | museum, or institutional collection; and | ||||||
20 | (9) transfers to a person who is exempt from the | ||||||
21 | requirement of possessing a Firearm Owner's Identification | ||||||
22 | Card under Section 2 of this Act. | ||||||
23 | (a-20) The Illinois State Police shall develop an | ||||||
24 | Internet-based system for individuals to determine the | ||||||
25 | validity of a Firearm Owner's Identification Card prior to the | ||||||
26 | sale or transfer of a firearm. The Illinois State Police shall |
| |||||||
| |||||||
1 | have the Internet-based system updated and available for use | ||||||
2 | by January 1, 2024. The Illinois State Police shall adopt | ||||||
3 | rules not inconsistent with this Section to implement this | ||||||
4 | system; but no rule shall allow the Illinois State Police to | ||||||
5 | retain records in contravention of State and federal law. | ||||||
6 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
7 | Police shall develop an Internet-based system upon which the | ||||||
8 | serial numbers of firearms that have been reported stolen are | ||||||
9 | available for public access for individuals to ensure any | ||||||
10 | firearms are not reported stolen prior to the sale or transfer | ||||||
11 | of a firearm under this Section. The Illinois State Police | ||||||
12 | shall have the Internet-based system completed and available | ||||||
13 | for use by July 1, 2022. The Illinois State Police shall adopt | ||||||
14 | rules not inconsistent with this Section to implement this | ||||||
15 | system. | ||||||
16 | (b) Any person within this State who transfers or causes | ||||||
17 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
18 | record of such transfer for a period
of 10 years from the date | ||||||
19 | of transfer. Any person within this State who receives any | ||||||
20 | firearm, stun gun, or taser pursuant to subsection (a-10) | ||||||
21 | shall provide a record of the transfer within 10 days of the | ||||||
22 | transfer to a federally licensed firearm dealer and shall not | ||||||
23 | be required to maintain a transfer record. The federally | ||||||
24 | licensed firearm dealer shall maintain the transfer record for | ||||||
25 | 20 years from the date of receipt. A federally licensed | ||||||
26 | firearm dealer may charge a fee not to exceed $25 to retain the |
| |||||||
| |||||||
1 | record. The record shall be provided and maintained in either | ||||||
2 | an electronic or paper format. The federally licensed firearm | ||||||
3 | dealer shall not be liable for the accuracy of any information | ||||||
4 | in the transfer record submitted pursuant to this Section. | ||||||
5 | Such records shall contain the date
of the transfer; the | ||||||
6 | description, serial number or other information
identifying | ||||||
7 | the firearm, stun gun, or taser if no serial number is | ||||||
8 | available; and, if the
transfer was completed within this | ||||||
9 | State, the transferee's Firearm Owner's
Identification Card | ||||||
10 | number and any approval number or documentation provided by | ||||||
11 | the Illinois State Police pursuant to subsection (a-10) of | ||||||
12 | this Section; if the transfer was not completed within this | ||||||
13 | State, the record shall contain the name and address of the | ||||||
14 | transferee. On or after January 1, 2006, the record shall | ||||||
15 | contain the date of application for transfer of the firearm. | ||||||
16 | On demand of a peace officer such transferor shall produce for | ||||||
17 | inspection such record of transfer. For any transfer pursuant | ||||||
18 | to subsection (a-10) of this Section, on the demand of a peace | ||||||
19 | officer, such transferee shall identify the federally licensed | ||||||
20 | firearm dealer maintaining the transfer record. If the | ||||||
21 | transfer or sale took place at a gun show, the record shall | ||||||
22 | include the unique identification number. Failure to record | ||||||
23 | the unique identification number or approval number is a petty | ||||||
24 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
25 | or after January 18, 2019 (the effective date of Public Act | ||||||
26 | 100-1178), failure by the private seller to maintain the |
| |||||||
| |||||||
1 | transfer records in accordance with this Section, or failure | ||||||
2 | by a transferee pursuant to subsection a-10 of this Section to | ||||||
3 | identify the federally licensed firearm dealer maintaining the | ||||||
4 | transfer record, is a Class A misdemeanor for the first | ||||||
5 | offense and a Class 4 felony for a second or subsequent offense | ||||||
6 | occurring within 10 years of the first offense and the second | ||||||
7 | offense was committed after conviction of the first offense. | ||||||
8 | Whenever any person who has not previously been convicted of | ||||||
9 | any violation of subsection (a-5), the court may grant | ||||||
10 | supervision pursuant to and consistent with the limitations of | ||||||
11 | Section 5-6-1 of the Unified Code of Corrections. A transferee | ||||||
12 | or transferor shall not be criminally liable under this | ||||||
13 | Section provided that he or she provides the Illinois State | ||||||
14 | Police with the transfer records in accordance with procedures | ||||||
15 | established by the Illinois State Police. The Illinois State | ||||||
16 | Police shall establish, by rule, a standard form on its | ||||||
17 | website. | ||||||
18 | (b-5) Any resident may purchase ammunition from a person | ||||||
19 | within or outside of Illinois if shipment is by United States | ||||||
20 | mail or by a private express carrier authorized by federal law | ||||||
21 | to ship ammunition. Any resident purchasing ammunition within | ||||||
22 | or outside the State of Illinois must provide the seller with a | ||||||
23 | copy of his or her valid Firearm Owner's Identification Card | ||||||
24 | or valid concealed carry license and either his or her | ||||||
25 | Illinois driver's license or Illinois State Identification | ||||||
26 | Card prior to the shipment of the ammunition. The ammunition |
| |||||||
| |||||||
1 | may be shipped only to an address on either of those 2 | ||||||
2 | documents. | ||||||
3 | (c) The provisions of this Section regarding the transfer | ||||||
4 | of firearm
ammunition shall not apply to those persons | ||||||
5 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
6 | (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; | ||||||
7 | 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.) | ||||||
8 | (430 ILCS 65/3.4 new) | ||||||
9 | Sec. 3.4. Firearms transfers; permits. | ||||||
10 | (a) Notwithstanding any other law to the contrary, each | ||||||
11 | local law enforcement agency shall issue a firearm permit to | ||||||
12 | an applicant who seeks the purchase of a firearm to verify the | ||||||
13 | identity of the purchaser and shall complete a full criminal | ||||||
14 | background check of the applicant that includes obtaining | ||||||
15 | fingerprints from the prospective firearm purchaser. The | ||||||
16 | requirement that an applicant for a firearm submit a full set | ||||||
17 | of fingerprints before being issued a firearm permit applies | ||||||
18 | to the first issuance of a firearm permit under this | ||||||
19 | amendatory Act of the 103rd General Assembly. Subsequent | ||||||
20 | applications for firearm permits issued to an applicant do not | ||||||
21 | require the re-submission of the applicant's fingerprints. | ||||||
22 | (b) Each local law enforcement agency shall keep records | ||||||
23 | of those permits and make them available to the Illinois State | ||||||
24 | Police through the Law Enforcement Agencies Data System | ||||||
25 | (LEADS). |
| |||||||
| |||||||
1 | (c) The duration of the permit shall be 10 days after its | ||||||
2 | issuance. | ||||||
3 | (d) The local law enforcement agency may deny a permit to | ||||||
4 | purchase a firearm to an applicant if the agency, in its | ||||||
5 | discretion, believes it is in the interest of public safety. | ||||||
6 | (e) Prior to the purchase of a firearm, a person must | ||||||
7 | submit the permit issued by the local law enforcement agency | ||||||
8 | to the dealer or transferor of the firearm. | ||||||
9 | (f) In this Section, "local law enforcement agency" means | ||||||
10 | the municipal police department of the municipality in which | ||||||
11 | the applicant for the firearm purchase resides, or if the | ||||||
12 | applicant resides in an unincorporated area, or if no | ||||||
13 | municipal police department exists in the applicant's | ||||||
14 | municipality of residence, then "local law enforcement agency" | ||||||
15 | means the office of the sheriff of the county of the | ||||||
16 | applicant's residence.
| ||||||
17 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| ||||||
18 | Sec. 8.1. Notifications to the Illinois State Police.
| ||||||
19 | (a) The Circuit Clerk shall, in the form and manner | ||||||
20 | required by the
Supreme Court, notify the Illinois State | ||||||
21 | Police of all final dispositions
of cases for which the | ||||||
22 | Department has received information reported to it under
| ||||||
23 | Sections 2.1 and 2.2 of the Criminal Identification Act.
| ||||||
24 | (b) Upon adjudication of any individual as a person with a | ||||||
25 | mental disability as defined in Section 1.1 of this Act or a |
| |||||||
| |||||||
1 | finding that a person has been involuntarily admitted, the | ||||||
2 | court shall direct the circuit court clerk to immediately | ||||||
3 | notify the Illinois State Police, Firearm Owner's | ||||||
4 | Identification (FOID) department, and shall forward a copy of | ||||||
5 | the court order to the Department. | ||||||
6 | (b-1) Beginning July 1, 2016, and each July 1 and December | ||||||
7 | 30 of every year thereafter, the circuit court clerk shall, in | ||||||
8 | the form and manner prescribed by the Illinois State Police, | ||||||
9 | notify the Illinois State Police, Firearm Owner's | ||||||
10 | Identification (FOID) department if the court has not directed | ||||||
11 | the circuit court clerk to notify the Illinois State Police, | ||||||
12 | Firearm Owner's Identification (FOID) department under | ||||||
13 | subsection (b) of this Section, within the preceding 6 months, | ||||||
14 | because no person has been adjudicated as a person with a | ||||||
15 | mental disability by the court as defined in Section 1.1 of | ||||||
16 | this Act or if no person has been involuntarily admitted. The | ||||||
17 | Supreme Court may adopt any orders or rules necessary to | ||||||
18 | identify the persons who shall be reported to the Illinois | ||||||
19 | State Police under subsection (b), or any other orders or | ||||||
20 | rules necessary to implement the requirements of this Act. | ||||||
21 | (c) The Department of Human Services shall, in the form | ||||||
22 | and manner prescribed by the Illinois State Police, report all | ||||||
23 | information collected under subsection (b) of Section 12 of | ||||||
24 | the Mental Health and Developmental Disabilities | ||||||
25 | Confidentiality Act for the purpose of determining whether a | ||||||
26 | person who may be or may have been a patient in a mental health |
| |||||||
| |||||||
1 | facility is disqualified under State or federal law from | ||||||
2 | receiving or retaining a Firearm Owner's Identification Card, | ||||||
3 | or purchasing a weapon. | ||||||
4 | (d) If a person is determined to pose a clear and present | ||||||
5 | danger to himself, herself, or to others: | ||||||
6 | (1) by a physician, clinical psychologist, or | ||||||
7 | qualified examiner, or is determined to have a | ||||||
8 | developmental disability by a physician, clinical | ||||||
9 | psychologist, or qualified examiner, whether employed by | ||||||
10 | the State or privately, then the physician, clinical | ||||||
11 | psychologist, or qualified examiner shall, within 24 hours | ||||||
12 | of making the determination, notify the Department of | ||||||
13 | Human Services that the person poses a clear and present | ||||||
14 | danger or has a developmental disability; or | ||||||
15 | (2) by a law enforcement official or school | ||||||
16 | administrator, then the law enforcement official or school | ||||||
17 | administrator shall, within 24 hours of making the | ||||||
18 | determination, notify the Illinois State Police that the | ||||||
19 | person poses a clear and present danger. | ||||||
20 | The Department of Human Services shall immediately update | ||||||
21 | its records and information relating to mental health and | ||||||
22 | developmental disabilities, and if appropriate, shall notify | ||||||
23 | the Illinois State Police in a form and manner prescribed by | ||||||
24 | the Illinois State Police. When the Illinois State Police is | ||||||
25 | notified pursuant to this subsection that a person has been | ||||||
26 | determined to pose a clear and present danger, the The |
| |||||||
| |||||||
1 | Illinois State Police shall determine whether to revoke the | ||||||
2 | person's Firearm Owner's Identification Card under Section 8 | ||||||
3 | of this Act . The person reporting or alleging under this | ||||||
4 | subsection that another person poses a clear and present | ||||||
5 | danger to himself, herself, or to others shall determine | ||||||
6 | whether to file an action under the Firearms Restraining Order | ||||||
7 | Act naming that person as the respondent . Any information | ||||||
8 | disclosed under this subsection shall remain privileged and | ||||||
9 | confidential, and shall not be redisclosed, except as required | ||||||
10 | under subsection (e) of Section 3.1 of this Act or for the | ||||||
11 | purpose of an action under the Firearms Restraining Order Act , | ||||||
12 | nor used for any other purpose. The method of providing this | ||||||
13 | information shall guarantee that the information is not | ||||||
14 | released beyond what is necessary for the purposes provided by | ||||||
15 | purpose of this Section and shall be provided by rule by the | ||||||
16 | Department of Human Services. The identity of the person | ||||||
17 | reporting under this Section shall not be disclosed to the | ||||||
18 | subject of the report. The physician, clinical psychologist, | ||||||
19 | qualified examiner, law enforcement official, or school | ||||||
20 | administrator making the determination and his or her employer | ||||||
21 | shall not be held criminally, civilly, or professionally | ||||||
22 | liable for making or not making the notification required | ||||||
23 | under this subsection, except for willful or wanton | ||||||
24 | misconduct. | ||||||
25 | (e) The Illinois State Police shall adopt rules to | ||||||
26 | implement this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
2 | Section 2-40. The Firearms Restraining Order Act is | ||||||
3 | amended by changing Sections 5, 10, and 40, and by adding | ||||||
4 | Sections 58 and 63 as follows: | ||||||
5 | (430 ILCS 67/5) | ||||||
6 | Sec. 5. Definitions.
As used in this Act: | ||||||
7 | "Family member of the respondent" means a spouse, former | ||||||
8 | spouse, person with whom the respondent has a minor child in | ||||||
9 | common, parent, child, or step-child of the respondent, any | ||||||
10 | other person related by blood or present marriage to the | ||||||
11 | respondent, or a person who shares a common dwelling with the | ||||||
12 | respondent. | ||||||
13 | "Firearms restraining order" means an order issued by the | ||||||
14 | court, prohibiting and enjoining a named person from having in | ||||||
15 | his or her custody or control, purchasing, possessing, or | ||||||
16 | receiving any firearms or ammunition , or removing firearm | ||||||
17 | parts that could be assembled to make an operable firearm.
| ||||||
18 | "Intimate partner" means a spouse, former spouse, a person | ||||||
19 | with whom the respondent has or allegedly has a child in | ||||||
20 | common, or a person with whom the respondent has or has had a | ||||||
21 | dating or engagement relationship. | ||||||
22 | "Petitioner" means: | ||||||
23 | (1) a family member of the respondent as defined in | ||||||
24 | this Act; or
|
| |||||||
| |||||||
1 | (2) a law enforcement officer
who files a petition | ||||||
2 | alleging that the respondent poses a danger of causing | ||||||
3 | personal injury to himself, herself, or another by having | ||||||
4 | in his or her custody or control, purchasing, possessing, | ||||||
5 | or receiving a firearm, ammunition, or firearm parts that | ||||||
6 | could be assembled to make an operable firearm or removing | ||||||
7 | firearm parts that could be assembled to make an operable | ||||||
8 | firearm ; or . | ||||||
9 | (3) a physician, psychologist, clinical social worker, | ||||||
10 | licensed clinical professional counselor, clinical nurse | ||||||
11 | specialist in psychiatric and mental health nursing, | ||||||
12 | psychiatric nurse practitioner, licensed marriage and | ||||||
13 | family therapist, or health officer or designee of a | ||||||
14 | health officer who has examined a respondent. | ||||||
15 | "Respondent" means the person alleged in the petition to | ||||||
16 | pose a danger of causing personal injury to himself, herself, | ||||||
17 | or another by having in his or her custody or control, | ||||||
18 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
19 | firearm parts that could be assembled to make an operable | ||||||
20 | firearm or removing firearm parts that could be assembled to | ||||||
21 | make an operable firearm .
| ||||||
22 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .) | ||||||
23 | (430 ILCS 67/10) | ||||||
24 | Sec. 10. Commencement of action; procedure.
| ||||||
25 | (a) An action for a firearms restraining order is |
| |||||||
| |||||||
1 | commenced by filing a verified petition for a firearms | ||||||
2 | restraining order in any circuit court.
| ||||||
3 | (b) A petition for a firearms restraining order may be | ||||||
4 | filed in: (1) any county where the respondent resides or (2) | ||||||
5 | any county where an incident occurred that involved the | ||||||
6 | respondent posing an immediate and present danger of causing | ||||||
7 | personal injury to the respondent or another by having in his | ||||||
8 | or her custody or control, or purchasing, possessing, or | ||||||
9 | receiving, a firearm, ammunition, or firearm parts
that could | ||||||
10 | be assembled to make an operable firearm.
A firearms | ||||||
11 | restraining order may be issued against any respondent, | ||||||
12 | including, but not limited to, a respondent who, at the time of | ||||||
13 | the filing of the petition for a firearms restraining order, | ||||||
14 | is under the age of 21, does not have a valid Firearm Owner's | ||||||
15 | Identification Card, or does not hold or have a right to | ||||||
16 | possess a firearm. | ||||||
17 | (c) No fee shall be charged by the clerk for filing, | ||||||
18 | amending, vacating, certifying, printing, or photocopying | ||||||
19 | petitions or orders; or for issuing alias summons; or for any | ||||||
20 | related filing service. No fee shall be charged by the sheriff | ||||||
21 | or other law enforcement for service by the sheriff or other | ||||||
22 | law enforcement of a petition, rule, motion, or order in an | ||||||
23 | action commenced under this Section. | ||||||
24 | (d) The court shall provide, through the office of the | ||||||
25 | clerk of the court, simplified forms and clerical assistance | ||||||
26 | to help with the writing and filing of a petition under this |
| |||||||
| |||||||
1 | Section by any person not represented by counsel. In addition, | ||||||
2 | that assistance may be provided by the State's Attorney.
| ||||||
3 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .)
| ||||||
4 | (430 ILCS 67/40)
| ||||||
5 | Sec. 40. Plenary orders.
| ||||||
6 | (a) A petitioner may request a firearms restraining order | ||||||
7 | for up to one year by filing an affidavit or verified pleading | ||||||
8 | alleging that the respondent poses a significant danger of | ||||||
9 | causing personal injury to himself, herself, or another in the | ||||||
10 | near future by having in his or her custody or control, | ||||||
11 | purchasing, possessing, or receiving a firearm, ammunition, | ||||||
12 | and firearm parts that could
be assembled to make an operable | ||||||
13 | firearm. The petition shall also describe the number, types, | ||||||
14 | and locations of any firearms, ammunition, and firearm parts | ||||||
15 | that could
be assembled to make an operable firearm presently | ||||||
16 | believed by the petitioner to be possessed or controlled by | ||||||
17 | the respondent.
The firearms restraining order may be renewed | ||||||
18 | for an additional period of up to one year in accordance with | ||||||
19 | Section 45 of this Act. | ||||||
20 | (b) If the respondent is alleged to pose a significant | ||||||
21 | danger of causing personal injury to an intimate partner, or | ||||||
22 | an intimate partner is alleged to have been the target of a | ||||||
23 | threat or act of violence by the respondent, the petitioner | ||||||
24 | shall make a good faith effort to provide notice to any and all | ||||||
25 | intimate partners of the respondent. The notice must include |
| |||||||
| |||||||
1 | the duration of time that the petitioner intends to petition | ||||||
2 | the court for a firearms restraining order, and, if the | ||||||
3 | petitioner is a law enforcement officer, referral to relevant | ||||||
4 | domestic violence or stalking advocacy or counseling | ||||||
5 | resources, if appropriate. The petitioner shall attest to | ||||||
6 | having provided the notice in the filed affidavit or verified | ||||||
7 | pleading. If, after making a good faith effort, the petitioner | ||||||
8 | is unable to provide notice to any or all intimate partners, | ||||||
9 | the affidavit or verified pleading should describe what | ||||||
10 | efforts were made. | ||||||
11 | (c) Every person who files a petition for a plenary | ||||||
12 | firearms restraining order, knowing the information provided | ||||||
13 | to the court at any hearing or in the affidavit or verified | ||||||
14 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
15 | of the Criminal Code of 2012.
| ||||||
16 | (d) Upon receipt of a petition for a plenary firearms | ||||||
17 | restraining order, the court shall order a hearing within 30 | ||||||
18 | days.
| ||||||
19 | (e) In determining whether to issue a firearms restraining | ||||||
20 | order under this Section, the court shall consider evidence | ||||||
21 | including, but not limited to, the following:
| ||||||
22 | (1) The unlawful and reckless use, display, or | ||||||
23 | brandishing of a firearm, ammunition, and firearm parts | ||||||
24 | that could
be assembled to make an operable firearm by the | ||||||
25 | respondent.
| ||||||
26 | (2) The history of use, attempted use, or threatened |
| |||||||
| |||||||
1 | use of physical force by the respondent against another | ||||||
2 | person.
| ||||||
3 | (3) Any prior arrest of the respondent for a felony | ||||||
4 | offense. | ||||||
5 | (4) Evidence of the abuse of controlled substances or | ||||||
6 | alcohol by the respondent. | ||||||
7 | (5) A recent threat of violence or act of violence by | ||||||
8 | the respondent directed toward himself, herself, or | ||||||
9 | another. | ||||||
10 | (6) A violation of an emergency order of protection | ||||||
11 | issued under Section 217 of the Illinois Domestic Violence | ||||||
12 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
13 | Procedure of 1963 or of an order of protection issued | ||||||
14 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
15 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
16 | of 1963.
| ||||||
17 | (7) A pattern of violent acts or violent threats, | ||||||
18 | including, but not limited to, threats of violence or acts | ||||||
19 | of violence by the respondent directed toward himself, | ||||||
20 | herself, or another. | ||||||
21 | (f) At the hearing, the petitioner shall have the burden | ||||||
22 | of proving, by clear and convincing evidence, that the | ||||||
23 | respondent poses a significant danger of personal injury to | ||||||
24 | himself, herself, or another by having in his or her custody or | ||||||
25 | control, purchasing, possessing, or receiving a firearm, | ||||||
26 | ammunition, and firearm parts that could be assembled to make |
| |||||||
| |||||||
1 | an operable firearm. | ||||||
2 | (g) If the court finds that there is clear and convincing | ||||||
3 | evidence to issue a plenary firearms restraining order, the | ||||||
4 | court shall issue a firearms restraining order that shall be | ||||||
5 | in effect for up to one year, but not less than 6 months, | ||||||
6 | subject to renewal under Section 45 of this Act or termination | ||||||
7 | under that Section. | ||||||
8 | (g-5) If the court issues a plenary firearms restraining | ||||||
9 | order, it shall, upon a finding of probable cause that the | ||||||
10 | respondent possesses firearms, ammunition, and firearm parts | ||||||
11 | that could
be assembled to make an operable firearm, issue a | ||||||
12 | search warrant directing a law enforcement agency to seize the | ||||||
13 | respondent's firearms, ammunition, and firearm parts that | ||||||
14 | could
be assembled to make an operable firearm. The court may, | ||||||
15 | as part of that warrant, direct the law enforcement agency to | ||||||
16 | search the respondent's residence and other places where the | ||||||
17 | court finds there is probable cause to believe he or she is | ||||||
18 | likely to possess the firearms, ammunition, and firearm parts | ||||||
19 | that could
be assembled to make an operable firearm. A return | ||||||
20 | of the search warrant shall be filed by the law enforcement | ||||||
21 | agency within 4 days thereafter, setting forth the time, date, | ||||||
22 | and location that the search warrant was executed and what | ||||||
23 | items, if any, were seized. | ||||||
24 | (h) A plenary firearms restraining order shall require: | ||||||
25 | (1) the respondent to refrain from having in his or | ||||||
26 | her custody or control, purchasing, possessing, or |
| |||||||
| |||||||
1 | receiving additional firearms, ammunition, and firearm | ||||||
2 | parts that could
be assembled to make an operable firearm | ||||||
3 | for the duration of the order under Section 8.2 of the | ||||||
4 | Firearm Owners Identification Card Act; and | ||||||
5 | (2) the respondent to comply with Section 9.5 of the | ||||||
6 | Firearm Owners Identification Card Act and subsection (g) | ||||||
7 | of Section 70 of the Firearm Concealed Carry Act. | ||||||
8 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
9 | this Section, upon expiration of the period of safekeeping, if | ||||||
10 | the firearms, ammunition, and firearm parts that could
be | ||||||
11 | assembled to make an operable firearm or Firearm Owner's | ||||||
12 | Identification Card cannot be returned to the respondent | ||||||
13 | because the respondent cannot be located, fails to respond to | ||||||
14 | requests to retrieve the firearms, ammunition, and firearm | ||||||
15 | parts that could
be assembled to make an operable firearm, or | ||||||
16 | is not lawfully eligible to possess a firearm, ammunition, and | ||||||
17 | firearm parts that could
be assembled to make an operable | ||||||
18 | firearm, upon petition from the local law enforcement agency, | ||||||
19 | the court may order the local law enforcement agency to | ||||||
20 | destroy the firearms, ammunition, and firearm parts that could | ||||||
21 | be assembled to make an operable firearm, use the firearms, | ||||||
22 | ammunition, and firearm parts that could
be assembled to make | ||||||
23 | an operable firearm for training purposes, or use the | ||||||
24 | firearms, ammunition, and firearm parts that could
be | ||||||
25 | assembled to make an operable firearm for any other | ||||||
26 | application as deemed appropriate by the local law enforcement |
| |||||||
| |||||||
1 | agency. | ||||||
2 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
3 | Card has been revoked or suspended may petition the court, if | ||||||
4 | the petitioner is present in court or has notice of the | ||||||
5 | respondent's petition, to transfer the respondent's firearm, | ||||||
6 | ammunition, and firearm parts that could
be assembled to make | ||||||
7 | an operable firearm to a person who is lawfully able to possess | ||||||
8 | the firearm, ammunition, and firearm parts that could
be | ||||||
9 | assembled to make an operable firearm if the person does not | ||||||
10 | reside at the same address as the respondent. Notice of the | ||||||
11 | petition shall be served upon the person protected by the | ||||||
12 | emergency firearms restraining order. While the order is in | ||||||
13 | effect, the transferee who receives the respondent's firearms, | ||||||
14 | ammunition, and firearm parts that could be assembled to make | ||||||
15 | an operable firearm must swear or affirm by affidavit that he | ||||||
16 | or she shall not transfer the firearm, ammunition, and firearm | ||||||
17 | parts that could
be assembled to make an operable firearm to | ||||||
18 | the respondent or to anyone residing in the same residence as | ||||||
19 | the respondent. | ||||||
20 | (i-6) If a person other than the respondent claims title | ||||||
21 | to any firearms, ammunition, and firearm parts that could
be | ||||||
22 | assembled to make an operable firearm surrendered under this | ||||||
23 | Section, he or she may petition the court, if the petitioner is | ||||||
24 | present in court or has notice of the petition, to have the | ||||||
25 | firearm, ammunition, and firearm parts that could be assembled | ||||||
26 | to make an operable firearm returned to him or her. If the |
| |||||||
| |||||||
1 | court determines that person to be the lawful owner of the | ||||||
2 | firearm, ammunition, and firearm parts that could be assembled | ||||||
3 | to make an operable firearm, the firearm, ammunition, and | ||||||
4 | firearm parts that could
be assembled to make an operable | ||||||
5 | firearm shall be returned to him or her, provided that: | ||||||
6 | (1) the firearm,
ammunition, and firearm parts that | ||||||
7 | could be assembled to make
an operable firearm are removed | ||||||
8 | from the respondent's custody, control, or possession and | ||||||
9 | the lawful owner agrees to store the firearm, ammunition, | ||||||
10 | and firearm parts that could
be assembled to make an | ||||||
11 | operable firearm in a manner such that the respondent does | ||||||
12 | not have access to or control of the firearm, ammunition, | ||||||
13 | and firearm parts that could
be assembled to make an | ||||||
14 | operable firearm; and | ||||||
15 | (2) the firearm,
ammunition, and firearm parts that | ||||||
16 | could be assembled to make
an operable firearm are not | ||||||
17 | otherwise unlawfully possessed by the owner. | ||||||
18 | The person petitioning for the return of his or her | ||||||
19 | firearm, ammunition, and firearm parts that could
be assembled | ||||||
20 | to make an operable firearm must swear or affirm by affidavit | ||||||
21 | that he or she: (i) is the lawful owner of the firearm, | ||||||
22 | ammunition, and firearm parts that could be assembled to make | ||||||
23 | an operable firearm; (ii) shall not transfer the firearm, | ||||||
24 | ammunition, and firearm parts that could
be assembled to make | ||||||
25 | an operable firearm to the respondent; and (iii) will store | ||||||
26 | the firearm, ammunition, and firearm parts that could be |
| |||||||
| |||||||
1 | assembled to make an operable firearm in a manner that the | ||||||
2 | respondent does not have access to or control of the firearm, | ||||||
3 | ammunition, and firearm parts that could
be assembled to make | ||||||
4 | an operable firearm. | ||||||
5 | (j) If the court does not issue a firearms restraining | ||||||
6 | order at the hearing, the court shall dissolve any emergency | ||||||
7 | firearms restraining order then in effect. | ||||||
8 | (k) When the court issues a firearms restraining order | ||||||
9 | under this Section, the court shall inform the respondent that | ||||||
10 | he or she is entitled to one hearing during the period of the | ||||||
11 | order to request a termination of the order, under Section 45 | ||||||
12 | of this Act, and shall provide the respondent with a form to | ||||||
13 | request a hearing.
| ||||||
14 | (l) A firearms restraining order issued under this
| ||||||
15 | subsection shall also include an order to surrender firearms,
| ||||||
16 | ammunition, and firearm parts that could be assembled to make
| ||||||
17 | an operable firearm. The order to surrender firearms,
| ||||||
18 | ammunition, and firearm parts that could be assembled to make
| ||||||
19 | an operable firearm shall require the respondent to surrender
| ||||||
20 | all firearms, ammunition, and firearm parts that could be
| ||||||
21 | assembled to make an operable firearm on the day the | ||||||
22 | respondent is served with the firearms restraining order. Upon
| ||||||
23 | the respondent surrendering all firearms, ammunition, and
| ||||||
24 | firearm parts that could be assembled to make an operable
| ||||||
25 | firearm to the appropriate law enforcement agency, the law
| ||||||
26 | enforcement agency shall provide a statement of receipt of any
|
| |||||||
| |||||||
1 | and all firearms, ammunition, or firearm parts that could be
| ||||||
2 | assembled to make an operable firearm with a description of
| ||||||
3 | any and all firearms, ammunition, or firearm parts that could
| ||||||
4 | be assembled to make an operable firearm surrendered, to the
| ||||||
5 | respondent and the court. This statement of receipt shall be
| ||||||
6 | considered proof of compliance with a firearms restraining
| ||||||
7 | order and may be presented as proof at a hearing. | ||||||
8 | Within 30 days after the effective date of this amendatory
| ||||||
9 | Act of the 103rd General Assembly, the Supreme Court may adopt
| ||||||
10 | a form for an order to surrender firearms and update any
| ||||||
11 | existing forms for a firearms restraining order to reflect the
| ||||||
12 | changes made by this amendatory Act of the 103rd General
| ||||||
13 | Assembly. The form for an order to surrender firearms shall
| ||||||
14 | also include forms for a declaration of surrender of firearms,
| ||||||
15 | proof of surrender, declaration of nonsurrender, and order to
| ||||||
16 | release firearms. | ||||||
17 | (m) After issuing a firearms restraining order under this
| ||||||
18 | Section, the court shall hold a hearing within 3 days to
| ||||||
19 | determine whether the respondent is complying with the
| ||||||
20 | firearms restraining order. If compliance has already been
| ||||||
21 | established and the disposition record is on file with the | ||||||
22 | court, the court may waive the compliance hearing. Nothing in
| ||||||
23 | this subsection shall preclude the court from setting
| ||||||
24 | additional compliance hearings. | ||||||
25 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
26 | 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. |
| |||||||
| |||||||
1 | 5-13-22; 102-1116, eff. 1-10-23.) | ||||||
2 | (430 ILCS 67/58 new) | ||||||
3 | Sec. 58. Centralized State database; Department of Public | ||||||
4 | Health. Within 6 months after the effective date of this | ||||||
5 | amendatory Act of the 103rd General Assembly, the Department | ||||||
6 | of Public Health shall create, in coordination with the | ||||||
7 | Department of Human Services' Office of Firearm Violence | ||||||
8 | Prevention, a centralized State database to provide access to | ||||||
9 | data regarding firearms restraining orders for research and | ||||||
10 | policy purposes. The database shall include, but shall not be | ||||||
11 | limited to, all of the following information: | ||||||
12 | (1) Information regarding the petitioner for each | ||||||
13 | case, including, but not limited to, all of the following: | ||||||
14 | (A) The relationship of the petitioner to the | ||||||
15 | respondent. | ||||||
16 | (B) The type of petitioner as identified under | ||||||
17 | Section 5. | ||||||
18 | (C) The demographic information of the petitioner, | ||||||
19 | including the petitioner's age, gender identity, and | ||||||
20 | racial or ethnic identity. | ||||||
21 | (D) For law enforcement petitioners, the specific | ||||||
22 | law enforcement agency or department. | ||||||
23 | (2) Information regarding the respondent for each | ||||||
24 | case, including, but not limited to, all of the following: | ||||||
25 | (A) The demographic information of the respondent, |
| |||||||
| |||||||
1 | including the respondent's age, gender identity, and | ||||||
2 | racial or ethnic identity. | ||||||
3 | (B) Whether the respondent is or has been a | ||||||
4 | respondent to any current or previous order of | ||||||
5 | protection issued under the Illinois Domestic Violence | ||||||
6 | Act of 1986, firearms restraining order issued under | ||||||
7 | this Act, protective order issued under Article 112A | ||||||
8 | of the Code of Criminal Procedure of 1963, stalking no | ||||||
9 | contact order issued under the Stalking No Contact | ||||||
10 | Order Act, or civil no contact order issued under the | ||||||
11 | Civil No Contact Order Act. | ||||||
12 | (C) Whether the respondent is a suspect or | ||||||
13 | defendant in a criminal matter at the time the | ||||||
14 | petition is filed. | ||||||
15 | (3) Information regarding the firearms restraining | ||||||
16 | order and the conditions surrounding it, including, but | ||||||
17 | not limited to, all of the following: | ||||||
18 | (A) The city and county where a petition is filed, | ||||||
19 | the date a petition is filed, and the date that a | ||||||
20 | firearms restraining order is issued. | ||||||
21 | (B) The expiration date of the petition. | ||||||
22 | (C) Whether the respondent is alleged in the | ||||||
23 | petition to pose a clear and present danger of causing | ||||||
24 | personal injury only to himself or herself, only to | ||||||
25 | another, or to both himself or herself and another. | ||||||
26 | (D) A brief synopsis of the events precipitating |
| |||||||
| |||||||
1 | and giving rise to the petition. | ||||||
2 | (E) The eventual legal outcome of a petition, | ||||||
3 | including: | ||||||
4 | (i) whether an emergency firearms restraining | ||||||
5 | order was granted, denied, or renewed under | ||||||
6 | Section 35 and the reasons for the determination; | ||||||
7 | (ii) whether a 6-month firearms restraining | ||||||
8 | order was granted, denied, or renewed under | ||||||
9 | Section 40 and the reasons for the determination; | ||||||
10 | (iii) whether the case surrounding the | ||||||
11 | petition was dismissed and, if so, the reasons for | ||||||
12 | the dismissal; and | ||||||
13 | (iv) whether the respondent contested the | ||||||
14 | issuance of a firearms restraining order. | ||||||
15 | (F) Whether a respondent was served with notice of | ||||||
16 | a firearms restraining order and, if so, the date he or | ||||||
17 | she was served. | ||||||
18 | (G) Whether the respondent was arrested, | ||||||
19 | hospitalized, or referred for psychiatric services for | ||||||
20 | the respondent's actions leading to the petition. | ||||||
21 | (H) Whether a search warrant was issued to | ||||||
22 | determine whether the respondent had in his or her | ||||||
23 | custody or control, purchased, possessed, or received | ||||||
24 | any firearms or ammunition or firearm parts that could | ||||||
25 | be assembled to make an operable firearm. | ||||||
26 | (4) Information regarding any firearms at issue, |
| |||||||
| |||||||
1 | including, but not limited to, all of the following: | ||||||
2 | (A) The number and type of firearms in the | ||||||
3 | respondent's possession or that are accessible to the | ||||||
4 | respondent. | ||||||
5 | (B) The number and type of firearms recovered, | ||||||
6 | seized, or transferred from the respondent as a result | ||||||
7 | of a petition. | ||||||
8 | (C) The number of possible firearms in the | ||||||
9 | respondent's possession or that are accessible to the | ||||||
10 | respondent and that are unaccounted for. | ||||||
11 | (D) Whether a respondent complied with a firearms | ||||||
12 | restraining order issued under this Act. | ||||||
13 | The information in the database shall be public, but | ||||||
14 | information disclosed to the public from the database shall | ||||||
15 | not contain any personal identifying information. | ||||||
16 | (430 ILCS 67/63 new) | ||||||
17 | Sec. 63. Office of Firearms Restraining Order | ||||||
18 | Coordination. | ||||||
19 | (a) Subject to appropriation from State and federal funds, | ||||||
20 | there is established within the Department of Human Services | ||||||
21 | the Office of Firearms Restraining Order Coordination. The | ||||||
22 | Office shall consist of a Director and 5 Coordinators, | ||||||
23 | appointed by the Secretary of Human Services. One Coordinator | ||||||
24 | shall be selected from each of the 5 Illinois Appellate Court | ||||||
25 | Districts and shall serve as a liaison between petitioners, |
| |||||||
| |||||||
1 | State's Attorney offices, and the courts within that Appellate | ||||||
2 | District in matters concerning firearms restraining orders. | ||||||
3 | The Department of Human Services shall adopt any rules it | ||||||
4 | deems necessary to implement this Section. | ||||||
5 | (b) Edward Byrne Memorial Justice Assistance Grant (JAG) | ||||||
6 | program funds received by the State of Illinois from the | ||||||
7 | federal government may be used to hire county Firearms | ||||||
8 | Restraining Order coordinators, train law enforcement and | ||||||
9 | other collaborators about implementing this Act, fund the | ||||||
10 | establishment and maintenance of the centralized State | ||||||
11 | database created under Section 58, including, but not limited | ||||||
12 | to, the collection of data and the hiring of personnel to | ||||||
13 | operate and maintain the database, and fund other methods of | ||||||
14 | implementation of this Act.
| ||||||
15 | Section 2-45. The Criminal Code of 2012 is amended by | ||||||
16 | changing Sections 24-1, 24-3, and 24-3.5 as follows:
| ||||||
17 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
18 | Sec. 24-1. Unlawful use of weapons.
| ||||||
19 | (a) A person commits the offense of unlawful use of | ||||||
20 | weapons when
he knowingly:
| ||||||
21 | (1) Sells, manufactures, purchases, possesses or | ||||||
22 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
23 | sand-bag, metal knuckles or other knuckle weapon | ||||||
24 | regardless of its composition, throwing star,
or any |
| |||||||
| |||||||
1 | knife, commonly referred to as a switchblade knife, which | ||||||
2 | has a
blade that opens automatically by hand pressure | ||||||
3 | applied to a button,
spring or other device in the handle | ||||||
4 | of the knife, or a ballistic knife,
which is a device that | ||||||
5 | propels a knifelike blade as a projectile by means
of a | ||||||
6 | coil spring, elastic material or compressed gas; or
| ||||||
7 | (2) Carries or possesses with intent to use the same | ||||||
8 | unlawfully
against another, a dagger, dirk, billy, | ||||||
9 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
10 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
11 | deadly weapon or instrument of like character; or
| ||||||
12 | (2.5) Carries or possesses with intent to use the same | ||||||
13 | unlawfully against another, any firearm in a church, | ||||||
14 | synagogue, mosque, or other building, structure, or place | ||||||
15 | used for religious worship; or | ||||||
16 | (3) Carries on or about his person or in any vehicle, a | ||||||
17 | tear gas gun
projector or bomb or any object containing | ||||||
18 | noxious liquid gas or
substance, other than an object | ||||||
19 | containing a non-lethal noxious liquid gas
or substance | ||||||
20 | designed solely for personal defense carried by a person | ||||||
21 | 18
years of age or older; or
| ||||||
22 | (4) Carries or possesses in any vehicle or concealed | ||||||
23 | on or about his
person except when on his land or in his | ||||||
24 | own abode, legal dwelling, or fixed place of
business, or | ||||||
25 | on the land or in the legal dwelling of another person as | ||||||
26 | an invitee with that person's permission, any pistol, |
| |||||||
| |||||||
1 | revolver, stun gun or taser or other firearm, except
that
| ||||||
2 | this subsection (a)(4) does not apply to or affect | ||||||
3 | transportation of weapons
that meet one of the following | ||||||
4 | conditions:
| ||||||
5 | (i) are broken down in a non-functioning state; or
| ||||||
6 | (ii) are not immediately accessible; or
| ||||||
7 | (iii) are unloaded and enclosed in a case, firearm | ||||||
8 | carrying box,
shipping box, or other container by a | ||||||
9 | person who has been issued a currently
valid Firearm | ||||||
10 | Owner's
Identification Card; or | ||||||
11 | (iv) are carried or possessed in accordance with | ||||||
12 | the Firearm Concealed Carry Act by a person who has | ||||||
13 | been issued a currently valid license under the | ||||||
14 | Firearm Concealed Carry Act; or
| ||||||
15 | (5) Sets a spring gun; or
| ||||||
16 | (6) Possesses any device or attachment of any kind | ||||||
17 | designed, used or
intended for use in silencing the report | ||||||
18 | of any firearm; or
| ||||||
19 | (7) Sells, manufactures, purchases, possesses or | ||||||
20 | carries:
| ||||||
21 | (i) a machine gun, which shall be defined for the | ||||||
22 | purposes of this
subsection as any weapon,
which | ||||||
23 | shoots, is designed to shoot, or can be readily | ||||||
24 | restored to shoot,
automatically more than one shot | ||||||
25 | without manually reloading by a single
function of the | ||||||
26 | trigger, including the frame or receiver
of any such |
| |||||||
| |||||||
1 | weapon, or sells, manufactures, purchases, possesses, | ||||||
2 | or
carries any combination of parts designed or | ||||||
3 | intended for
use in converting any weapon into a | ||||||
4 | machine gun, or any combination or
parts from which a | ||||||
5 | machine gun can be assembled if such parts are in the
| ||||||
6 | possession or under the control of a person;
| ||||||
7 | (ii) any rifle having one or
more barrels less | ||||||
8 | than 16 inches in length or a shotgun having one or | ||||||
9 | more
barrels less than 18 inches in length or any | ||||||
10 | weapon made from a rifle or
shotgun, whether by | ||||||
11 | alteration, modification, or otherwise, if such a | ||||||
12 | weapon
as modified has an overall length of less than | ||||||
13 | 26 inches; or
| ||||||
14 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
15 | other container containing an
explosive substance of | ||||||
16 | over one-quarter ounce for like purposes, such
as, but | ||||||
17 | not limited to, black powder bombs and Molotov | ||||||
18 | cocktails or
artillery projectiles; or
| ||||||
19 | (iv) any firearm manufactured on or after January
| ||||||
20 | 1, 2024 that is not microstamp-ready, or any firearm
| ||||||
21 | manufactured on or after that date if the person knows | ||||||
22 | that a microstamping mechanism has been unlawfully
| ||||||
23 | removed from that firearm. "Microstamp-ready", as used
| ||||||
24 | in this paragraph, means that the firearm is
| ||||||
25 | manufactured to produce a unique alphanumeric or
| ||||||
26 | geometric code on at least 2 locations on each
|
| |||||||
| |||||||
1 | expended cartridge case that identifies the make,
| ||||||
2 | model, and serial number of the firearm.
| ||||||
3 | "Microstamping mechanism", as used in this paragraph,
| ||||||
4 | means a mechanism of the firearm designed and intended | ||||||
5 | to produce a unique alphanumeric or geometric code on
| ||||||
6 | an expended cartridge that identifies the make, model,
| ||||||
7 | and serial number of the firearm; or | ||||||
8 | (8) Carries or possesses any firearm, stun gun or | ||||||
9 | taser or other
deadly weapon in any place which is | ||||||
10 | licensed to sell intoxicating
beverages, or at any public | ||||||
11 | gathering held pursuant to a license issued
by any | ||||||
12 | governmental body or any public gathering at which an | ||||||
13 | admission
is charged, excluding a place where a showing, | ||||||
14 | demonstration or lecture
involving the exhibition of | ||||||
15 | unloaded firearms is conducted.
| ||||||
16 | This subsection (a)(8) does not apply to any auction | ||||||
17 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
18 | issued by a governmental body, nor does it apply to | ||||||
19 | persons
engaged
in firearm safety training courses; or
| ||||||
20 | (9) Carries or possesses in a vehicle or on or about | ||||||
21 | his or her person any
pistol, revolver, stun gun or taser | ||||||
22 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
23 | robed or masked in such manner as to conceal his or her | ||||||
24 | identity; or
| ||||||
25 | (10) Carries or possesses on or about his or her | ||||||
26 | person, upon any public street,
alley, or other public |
| |||||||
| |||||||
1 | lands within the corporate limits of a city, village,
or | ||||||
2 | incorporated town, except when an invitee thereon or | ||||||
3 | therein, for the
purpose of the display of such weapon or | ||||||
4 | the lawful commerce in weapons, or
except when on his land | ||||||
5 | or in his or her own abode, legal dwelling, or fixed place | ||||||
6 | of business, or on the land or in the legal dwelling of | ||||||
7 | another person as an invitee with that person's | ||||||
8 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
9 | other firearm, except that this
subsection (a)(10) does | ||||||
10 | not apply to or affect transportation of weapons that
meet | ||||||
11 | one of the following conditions:
| ||||||
12 | (i) are broken down in a non-functioning state; or
| ||||||
13 | (ii) are not immediately accessible; or
| ||||||
14 | (iii) are unloaded and enclosed in a case, firearm | ||||||
15 | carrying box,
shipping box, or other container by a | ||||||
16 | person who has been issued a currently
valid Firearm | ||||||
17 | Owner's
Identification Card; or
| ||||||
18 | (iv) are carried or possessed in accordance with | ||||||
19 | the Firearm Concealed Carry Act by a person who has | ||||||
20 | been issued a currently valid license under the | ||||||
21 | Firearm Concealed Carry Act. | ||||||
22 | A "stun gun or taser", as used in this paragraph (a) | ||||||
23 | means (i) any device
which is powered by electrical | ||||||
24 | charging units, such as, batteries, and
which fires one or | ||||||
25 | several barbs attached to a length of wire and
which, upon | ||||||
26 | hitting a human, can send out a current capable of |
| |||||||
| |||||||
1 | disrupting
the person's nervous system in such a manner as | ||||||
2 | to render him incapable of
normal functioning or (ii) any | ||||||
3 | device which is powered by electrical
charging units, such | ||||||
4 | as batteries, and which, upon contact with a human or
| ||||||
5 | clothing worn by a human, can send out current capable of | ||||||
6 | disrupting
the person's nervous system in such a manner as | ||||||
7 | to render him incapable
of normal functioning; or
| ||||||
8 | (11) Sells, manufactures, delivers, imports, | ||||||
9 | possesses, or purchases any assault weapon attachment or | ||||||
10 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
11 | any explosive bullet. For purposes
of this paragraph (a) | ||||||
12 | "explosive bullet" means the projectile portion of
an | ||||||
13 | ammunition cartridge which contains or carries an | ||||||
14 | explosive charge which
will explode upon contact with the | ||||||
15 | flesh of a human or an animal.
"Cartridge" means a tubular | ||||||
16 | metal case having a projectile affixed at the
front | ||||||
17 | thereof and a cap or primer at the rear end thereof, with | ||||||
18 | the
propellant contained in such tube between the | ||||||
19 | projectile and the cap; or
| ||||||
20 | (12) (Blank); or
| ||||||
21 | (13) Carries or possesses on or about his or her | ||||||
22 | person while in a building occupied by a unit of | ||||||
23 | government, a billy club, other weapon of like character, | ||||||
24 | or other instrument of like character intended for use as | ||||||
25 | a weapon. For the purposes of this Section, "billy club" | ||||||
26 | means a short stick or club commonly carried by police |
| |||||||
| |||||||
1 | officers which is either telescopic or constructed of a | ||||||
2 | solid piece of wood or other man-made material; or | ||||||
3 | (14) Manufactures, possesses, sells, or offers to | ||||||
4 | sell, purchase, manufacture, import, transfer, or use any | ||||||
5 | device, part, kit, tool, accessory, or combination of | ||||||
6 | parts that is designed to and functions to increase the | ||||||
7 | rate of fire of a semiautomatic firearm above the standard | ||||||
8 | rate of fire for semiautomatic firearms that is not | ||||||
9 | equipped with that device, part, or combination of parts; | ||||||
10 | or | ||||||
11 | (15) Carries or possesses any assault weapon or .50 | ||||||
12 | caliber rifle in violation of Section 24-1.9; or | ||||||
13 | (16) Manufactures, sells, delivers, imports, or | ||||||
14 | purchases any assault weapon or .50 caliber rifle in | ||||||
15 | violation of Section 24-1.9. | ||||||
16 | (b) Sentence. A person convicted of a violation of | ||||||
17 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
18 | subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15) | ||||||
19 | commits a Class A
misdemeanor.
A person convicted of a | ||||||
20 | violation of subsection
24-1(a)(8) or 24-1(a)(9) commits a
| ||||||
21 | Class 4 felony; a person
convicted of a violation of | ||||||
22 | subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or | ||||||
23 | (iv) or 24-1(a)(16)
commits a Class 3 felony. A person | ||||||
24 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
25 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
26 | of not less than 3 years and not more than 7 years, unless the |
| |||||||
| |||||||
1 | weapon is possessed in the
passenger compartment of a motor | ||||||
2 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
3 | Code, or on the person, while the weapon is loaded, in which
| ||||||
4 | case it shall be a Class X felony. A person convicted of a
| ||||||
5 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
6 | 24-1(a)(8),
24-1(a)(9),
24-1(a)(10), or 24-1(a)(15) commits a | ||||||
7 | Class 3 felony. A person convicted of a violation of | ||||||
8 | subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 | ||||||
9 | felony. The possession of each weapon or device in violation | ||||||
10 | of this Section constitutes a single and separate violation.
| ||||||
11 | (c) Violations in specific places.
| ||||||
12 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
13 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
14 | the time of year, in residential
property owned, operated | ||||||
15 | or managed by a public housing agency or
leased by
a public | ||||||
16 | housing agency as part of a scattered site or mixed-income
| ||||||
17 | development, in a
public park, in a courthouse, on the | ||||||
18 | real property comprising any school,
regardless of the
| ||||||
19 | time of day or the time of year, on residential property | ||||||
20 | owned, operated
or
managed by a public housing agency
or | ||||||
21 | leased by a public housing agency as part of a scattered | ||||||
22 | site or
mixed-income development,
on the real property | ||||||
23 | comprising any
public park, on the real property | ||||||
24 | comprising any courthouse, in any conveyance
owned, leased | ||||||
25 | or contracted by a school to
transport students to or from | ||||||
26 | school or a school related activity, in any conveyance
|
| |||||||
| |||||||
1 | owned, leased, or contracted by a public transportation | ||||||
2 | agency, or on any
public way within 1,000 feet of the real | ||||||
3 | property comprising any school,
public park, courthouse, | ||||||
4 | public transportation facility, or residential property | ||||||
5 | owned, operated, or managed
by a public housing agency
or | ||||||
6 | leased by a public housing agency as part of a scattered | ||||||
7 | site or
mixed-income development
commits a Class 2 felony | ||||||
8 | and shall be sentenced to a term of imprisonment of not | ||||||
9 | less than 3 years and not more than 7 years.
| ||||||
10 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
11 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
12 | the time of day or the time of year,
in residential | ||||||
13 | property owned, operated, or managed by a public
housing
| ||||||
14 | agency
or leased by a public housing agency as part of a | ||||||
15 | scattered site or
mixed-income development,
in
a public
| ||||||
16 | park, in a courthouse, on the real property comprising any | ||||||
17 | school, regardless
of the time of day or the time of year, | ||||||
18 | on residential property owned,
operated, or managed by a | ||||||
19 | public housing agency
or leased by a public housing agency | ||||||
20 | as part of a scattered site or
mixed-income development,
| ||||||
21 | on the real property
comprising any public park, on the | ||||||
22 | real property comprising any courthouse, in
any conveyance | ||||||
23 | owned, leased, or contracted by a school to transport | ||||||
24 | students
to or from school or a school related activity, | ||||||
25 | in any conveyance
owned, leased, or contracted by a public | ||||||
26 | transportation agency, or on any public way within
1,000 |
| |||||||
| |||||||
1 | feet of the real property comprising any school, public | ||||||
2 | park, courthouse,
public transportation facility, or | ||||||
3 | residential property owned, operated, or managed by a | ||||||
4 | public
housing agency
or leased by a public housing agency | ||||||
5 | as part of a scattered site or
mixed-income development
| ||||||
6 | commits a Class 3 felony.
| ||||||
7 | (2) A person who violates subsection 24-1(a)(1), | ||||||
8 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
9 | time of day or the time of year, in
residential property | ||||||
10 | owned, operated or managed by a public housing
agency
or | ||||||
11 | leased by a public housing agency as part of a scattered | ||||||
12 | site or
mixed-income development,
in
a public park, in a | ||||||
13 | courthouse, on the real property comprising any school,
| ||||||
14 | regardless of the time of day or the time of year, on | ||||||
15 | residential property
owned, operated or managed by a | ||||||
16 | public housing agency
or leased by a public housing agency | ||||||
17 | as part of a scattered site or
mixed-income development,
| ||||||
18 | on the real property
comprising any public park, on the | ||||||
19 | real property comprising any courthouse, in
any conveyance | ||||||
20 | owned, leased or contracted by a school to transport | ||||||
21 | students
to or from school or a school related activity, | ||||||
22 | in any conveyance
owned, leased, or contracted by a public | ||||||
23 | transportation agency, or on any public way within
1,000 | ||||||
24 | feet of the real property comprising any school, public | ||||||
25 | park, courthouse,
public transportation facility, or | ||||||
26 | residential property owned, operated, or managed by a |
| |||||||
| |||||||
1 | public
housing agency or leased by a public housing agency | ||||||
2 | as part of a scattered
site or mixed-income development | ||||||
3 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
4 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
5 | of
this State for the conduct of official business.
| ||||||
6 | (3) Paragraphs (1), (1.5), and (2) of this subsection | ||||||
7 | (c) shall not
apply to law
enforcement officers or | ||||||
8 | security officers of such school, college, or
university | ||||||
9 | or to students carrying or possessing firearms for use in | ||||||
10 | training
courses, parades, hunting, target shooting on | ||||||
11 | school ranges, or otherwise with
the consent of school | ||||||
12 | authorities and which firearms are transported unloaded
| ||||||
13 | enclosed in a suitable case, box, or transportation | ||||||
14 | package.
| ||||||
15 | (4) For the purposes of this subsection (c), "school" | ||||||
16 | means any public or
private elementary or secondary | ||||||
17 | school, community college, college, or
university.
| ||||||
18 | (5) For the purposes of this subsection (c), "public | ||||||
19 | transportation agency" means a public or private agency | ||||||
20 | that provides for the transportation or conveyance of
| ||||||
21 | persons by means available to the general public, except | ||||||
22 | for transportation
by automobiles not used for conveyance | ||||||
23 | of the general public as passengers; and "public | ||||||
24 | transportation facility" means a terminal or other place
| ||||||
25 | where one may obtain public transportation.
| ||||||
26 | (d) The presence in an automobile other than a public |
| |||||||
| |||||||
1 | omnibus of any
weapon, instrument or substance referred to in | ||||||
2 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
3 | possession of, and is being
carried by, all persons occupying | ||||||
4 | such automobile at the time such
weapon, instrument or | ||||||
5 | substance is found, except under the following
circumstances: | ||||||
6 | (i) if such weapon, instrument or instrumentality is
found | ||||||
7 | upon the person of one of the occupants therein; or (ii) if | ||||||
8 | such
weapon, instrument or substance is found in an automobile | ||||||
9 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
10 | and proper pursuit of
his or her trade, then such presumption | ||||||
11 | shall not apply to the driver.
| ||||||
12 | (e) Exemptions. | ||||||
13 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
14 | Spearguns are exempted from the definition of ballistic | ||||||
15 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
16 | this Section. | ||||||
17 | (2) The provision of paragraph (1) of subsection (a) | ||||||
18 | of this Section prohibiting the sale, manufacture, | ||||||
19 | purchase, possession, or carrying of any knife, commonly | ||||||
20 | referred to as a switchblade knife, which has a
blade that | ||||||
21 | opens automatically by hand pressure applied to a button,
| ||||||
22 | spring or other device in the handle of the knife, does not | ||||||
23 | apply to a person who possesses a currently valid Firearm | ||||||
24 | Owner's Identification Card previously issued in his or | ||||||
25 | her name by the Illinois State Police or to a person or an | ||||||
26 | entity engaged in the business of selling or manufacturing |
| |||||||
| |||||||
1 | switchblade knives.
| ||||||
2 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
3 | 102-1116, eff. 1-10-23.)
| ||||||
4 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
5 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
6 | (A) A person commits the offense of unlawful sale or | ||||||
7 | delivery of firearms when he
or she knowingly does any of the | ||||||
8 | following:
| ||||||
9 | (a) Sells or gives any firearm of a size which may be | ||||||
10 | concealed upon the
person to any person under 18 years of | ||||||
11 | age.
| ||||||
12 | (b) Sells or gives any firearm to a person under 21 | ||||||
13 | years of age who has
been convicted of a misdemeanor other | ||||||
14 | than a traffic offense or adjudged
delinquent.
| ||||||
15 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
16 | (d) Sells or gives any firearm to any person who has | ||||||
17 | been convicted of a
felony under the laws of this or any | ||||||
18 | other jurisdiction.
| ||||||
19 | (e) Sells or gives any firearm to any person who has | ||||||
20 | been a patient in a
mental institution within the past 5 | ||||||
21 | years. In this subsection (e): | ||||||
22 | "Mental institution" means any hospital, | ||||||
23 | institution, clinic, evaluation facility, mental | ||||||
24 | health center, or part thereof, which is used | ||||||
25 | primarily for the care or treatment of persons with |
| |||||||
| |||||||
1 | mental illness. | ||||||
2 | "Patient in a mental institution" means the person | ||||||
3 | was admitted, either voluntarily or involuntarily, to | ||||||
4 | a mental institution for mental health treatment, | ||||||
5 | unless the treatment was voluntary and solely for an | ||||||
6 | alcohol abuse disorder and no other secondary | ||||||
7 | substance abuse disorder or mental illness.
| ||||||
8 | (f) Sells or gives any firearms to any person who is a | ||||||
9 | person with an intellectual disability.
| ||||||
10 | (g) Delivers any firearm, incidental to a sale, | ||||||
11 | without withholding delivery of the firearm
for at least | ||||||
12 | 72 hours after application for its purchase has been made, | ||||||
13 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
14 | without withholding delivery of the stun gun or taser for
| ||||||
15 | at least 24 hours after application for its purchase has | ||||||
16 | been made.
However,
this paragraph (g) does not apply to: | ||||||
17 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
18 | the seller of the firearm knows that the person to whom he | ||||||
19 | or she is selling the firearm is a law enforcement officer | ||||||
20 | or the sale of a firearm to a person who desires to | ||||||
21 | purchase a firearm for
use in promoting the public | ||||||
22 | interest incident to his or her employment as a
bank | ||||||
23 | guard, armed truck guard, or other similar employment; (2) | ||||||
24 | a mail
order sale of a firearm from a federally licensed | ||||||
25 | firearms dealer to a nonresident of Illinois under which | ||||||
26 | the firearm
is mailed to a federally licensed firearms |
| |||||||
| |||||||
1 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
2 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
3 | firearms dealer under Section 923
of the federal Gun | ||||||
4 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
5 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
6 | registered competitor or attendee or non-resident | ||||||
7 | registered competitor or attendee by any dealer licensed | ||||||
8 | as a federal firearms dealer under Section 923 of the | ||||||
9 | federal Gun Control Act of 1968 at competitive shooting | ||||||
10 | events held at the World Shooting Complex sanctioned by a | ||||||
11 | national governing body. For purposes of transfers or | ||||||
12 | sales under subparagraph (5) of this paragraph (g), the | ||||||
13 | Department of Natural Resources shall give notice to the | ||||||
14 | Illinois State Police at least 30 calendar days prior to | ||||||
15 | any competitive shooting events at the World Shooting | ||||||
16 | Complex sanctioned by a national governing body. The | ||||||
17 | notification shall be made on a form prescribed by the | ||||||
18 | Illinois State Police. The sanctioning body shall provide | ||||||
19 | a list of all registered competitors and attendees at | ||||||
20 | least 24 hours before the events to the Illinois State | ||||||
21 | Police. Any changes to the list of registered competitors | ||||||
22 | and attendees shall be forwarded to the Illinois State | ||||||
23 | Police as soon as practicable. The Illinois State Police | ||||||
24 | must destroy the list of registered competitors and | ||||||
25 | attendees no later than 30 days after the date of the | ||||||
26 | event. Nothing in this paragraph (g) relieves a federally |
| |||||||
| |||||||
1 | licensed firearm dealer from the requirements of | ||||||
2 | conducting a NICS background check through the Illinois | ||||||
3 | Point of Contact under 18 U.S.C. 922(t). For purposes of | ||||||
4 | this paragraph (g), "application" means when the buyer and | ||||||
5 | seller reach an agreement to purchase a firearm.
For | ||||||
6 | purposes of this paragraph (g), "national governing body" | ||||||
7 | means a group of persons who adopt rules and formulate | ||||||
8 | policy on behalf of a national firearm sporting | ||||||
9 | organization.
| ||||||
10 | (h) While holding any license
as a dealer,
importer, | ||||||
11 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
12 | Act of 1968,
manufactures, sells or delivers to any | ||||||
13 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
14 | or receiver which is a die casting of zinc alloy or
any | ||||||
15 | other nonhomogeneous metal which will melt or deform at a | ||||||
16 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
17 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
18 | the Firearm Owners Identification Card Act; and (2)
| ||||||
19 | "handgun" is defined as a firearm designed to be held
and | ||||||
20 | fired by the use of a single hand, and includes a | ||||||
21 | combination of parts from
which such a firearm can be | ||||||
22 | assembled.
| ||||||
23 | (i) Sells or gives a firearm of any size to any person | ||||||
24 | under 18 years of
age who does not possess a valid Firearm | ||||||
25 | Owner's Identification Card.
| ||||||
26 | (j) Sells or gives a firearm while engaged in the |
| |||||||
| |||||||
1 | business of selling
firearms at wholesale or retail | ||||||
2 | without being licensed as a federal firearms
dealer under | ||||||
3 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
4 | U.S.C.
923). In this paragraph (j):
| ||||||
5 | A person "engaged in the business" means a person who | ||||||
6 | devotes time,
attention, and
labor to
engaging in the | ||||||
7 | activity as a regular course of trade or business with the
| ||||||
8 | principal objective of livelihood and profit, but does not | ||||||
9 | include a person who
makes occasional repairs of firearms | ||||||
10 | or who occasionally fits special barrels,
stocks, or | ||||||
11 | trigger mechanisms to firearms.
| ||||||
12 | "With the principal objective of livelihood and | ||||||
13 | profit" means that the
intent
underlying the sale or | ||||||
14 | disposition of firearms is predominantly one of
obtaining | ||||||
15 | livelihood and pecuniary gain, as opposed to other | ||||||
16 | intents, such as
improving or liquidating a personal | ||||||
17 | firearms collection; however, proof of
profit shall not be | ||||||
18 | required as to a person who engages in the regular and
| ||||||
19 | repetitive purchase and disposition of firearms for | ||||||
20 | criminal purposes or
terrorism.
| ||||||
21 | (k) Sells or transfers ownership of a firearm to a | ||||||
22 | person who does not display to the seller or transferor of | ||||||
23 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
24 | Identification Card that has previously been issued in the | ||||||
25 | transferee's name by the Illinois State Police under the | ||||||
26 | provisions of the Firearm Owners Identification Card Act; |
| |||||||
| |||||||
1 | or (2) a currently valid license to carry a concealed | ||||||
2 | firearm that has previously been issued in the | ||||||
3 | transferee's name by the
Illinois State Police under the | ||||||
4 | Firearm Concealed Carry Act. This paragraph (k) does not | ||||||
5 | apply to the transfer of a firearm to a person who is | ||||||
6 | exempt from the requirement of possessing a Firearm | ||||||
7 | Owner's Identification Card under Section 2 of the Firearm | ||||||
8 | Owners Identification Card Act. For the purposes of this | ||||||
9 | Section, a currently valid Firearm Owner's Identification | ||||||
10 | Card or license to carry a concealed firearm means receipt | ||||||
11 | of an approval number issued in accordance with subsection | ||||||
12 | (a-10) of Section 3 or Section 3.1 of the Firearm Owners | ||||||
13 | Identification Card Act. | ||||||
14 | (1) In addition to the other requirements of this | ||||||
15 | paragraph (k), all persons who are not federally | ||||||
16 | licensed firearms dealers must also have complied with | ||||||
17 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
18 | Identification Card Act by determining the validity of | ||||||
19 | a purchaser's Firearm Owner's Identification Card. | ||||||
20 | (2) All sellers or transferors who have complied | ||||||
21 | with the requirements of subparagraph (1) of this | ||||||
22 | paragraph (k) shall not be liable for damages in any | ||||||
23 | civil action arising from the use or misuse by the | ||||||
24 | transferee of the firearm transferred, except for | ||||||
25 | willful or wanton misconduct on the part of the seller | ||||||
26 | or transferor. |
| |||||||
| |||||||
1 | (l) Not
being entitled to the possession of a firearm, | ||||||
2 | delivers the
firearm, knowing it to have been stolen or | ||||||
3 | converted. It may be inferred that
a person who possesses | ||||||
4 | a firearm with knowledge that its serial number has
been | ||||||
5 | removed or altered has knowledge that the firearm is | ||||||
6 | stolen or converted. | ||||||
7 | (m) Sells or gives a firearm to a person who does not | ||||||
8 | display to the seller or transferor a permit to purchase | ||||||
9 | the firearm issued by the local law enforcement agency | ||||||
10 | under Section 3.4 of the Firearm Owners Identification | ||||||
11 | Card Act. | ||||||
12 | (B) Paragraph (h) of subsection (A) does not include | ||||||
13 | firearms sold within 6
months after enactment of Public
Act | ||||||
14 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
15 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
16 | purchased by any citizen within 6 months after the
enactment | ||||||
17 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
18 | the provisions of that Public Act. Nothing in
Public Act | ||||||
19 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
20 | firearm if that firearm was legally held or acquired within 6 | ||||||
21 | months after
the enactment of that Public Act.
| ||||||
22 | (C) Sentence.
| ||||||
23 | (1) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
25 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
26 | (2) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (b) or (i) of | ||||||
2 | subsection (A) commits a Class 3 felony.
| ||||||
3 | (3) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of
paragraph (a) of subsection | ||||||
5 | (A) commits a Class 2 felony.
| ||||||
6 | (4) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
8 | subsection (A) in any school, on the real
property | ||||||
9 | comprising a school, within 1,000 feet of the real | ||||||
10 | property comprising
a school, at a school related | ||||||
11 | activity, or on or within 1,000 feet of any
conveyance | ||||||
12 | owned, leased, or contracted by a school or school | ||||||
13 | district to
transport students to or from school or a | ||||||
14 | school related activity,
regardless of the time of day or | ||||||
15 | time of year at which the offense
was committed, commits a | ||||||
16 | Class 1 felony. Any person convicted of a second
or | ||||||
17 | subsequent violation of unlawful sale or delivery of | ||||||
18 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
19 | subsection (A) in any school, on the real property
| ||||||
20 | comprising a school, within 1,000 feet of the real | ||||||
21 | property comprising a
school, at a school related | ||||||
22 | activity, or on or within 1,000 feet of any
conveyance | ||||||
23 | owned, leased, or contracted by a school or school | ||||||
24 | district to
transport students to or from school or a | ||||||
25 | school related activity,
regardless of the time of day or | ||||||
26 | time of year at which the offense
was committed, commits a |
| |||||||
| |||||||
1 | Class 1 felony for which the sentence shall be a
term of | ||||||
2 | imprisonment of no less than 5 years and no more than 15 | ||||||
3 | years.
| ||||||
4 | (5) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (a) or (i) of | ||||||
6 | subsection (A) in residential property owned,
operated, or | ||||||
7 | managed by a public housing agency or leased by a public | ||||||
8 | housing
agency as part of a scattered site or mixed-income | ||||||
9 | development, in a public
park, in a
courthouse, on | ||||||
10 | residential property owned, operated, or managed by a | ||||||
11 | public
housing agency or leased by a public housing agency | ||||||
12 | as part of a scattered site
or mixed-income development, | ||||||
13 | on the real property comprising any public park,
on the | ||||||
14 | real
property comprising any courthouse, or on any public | ||||||
15 | way within 1,000 feet
of the real property comprising any | ||||||
16 | public park, courthouse, or residential
property owned, | ||||||
17 | operated, or managed by a public housing agency or leased | ||||||
18 | by a
public housing agency as part of a scattered site or | ||||||
19 | mixed-income development
commits a
Class 2 felony.
| ||||||
20 | (6) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (j) of subsection | ||||||
22 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
23 | violation is a Class 4 felony. | ||||||
24 | (7) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of paragraph (k) of subsection | ||||||
26 | (A) commits a Class 4 felony, except that a violation of |
| |||||||
| |||||||
1 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
2 | not be punishable as a crime or petty offense. A third or | ||||||
3 | subsequent conviction for a violation of paragraph (k) of | ||||||
4 | subsection (A) is a Class 1 felony.
| ||||||
5 | (8) A person 18 years of age or older convicted of | ||||||
6 | unlawful sale or delivery of firearms in violation of | ||||||
7 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
8 | that was sold or given to another person under 18 years of | ||||||
9 | age was used in the commission of or attempt to commit a | ||||||
10 | forcible felony, shall be fined or imprisoned, or both, | ||||||
11 | not to exceed the maximum provided for the most serious | ||||||
12 | forcible felony so committed or attempted by the person | ||||||
13 | under 18 years of age who was sold or given the firearm. | ||||||
14 | (9) Any person convicted of unlawful sale or delivery | ||||||
15 | of firearms in violation of
paragraph (d) of subsection | ||||||
16 | (A) commits a Class 3 felony. | ||||||
17 | (10) Any person convicted of unlawful sale or delivery | ||||||
18 | of firearms in violation of paragraph (l) of subsection | ||||||
19 | (A) commits a Class 2 felony if the delivery is of one | ||||||
20 | firearm. Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of paragraph (l) of subsection | ||||||
22 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
23 | than 2 and not more than 5 firearms at the
same time or | ||||||
24 | within a one-year period. Any person convicted of unlawful | ||||||
25 | sale or delivery of firearms in violation of paragraph (l) | ||||||
26 | of subsection (A) commits a Class X felony for which he or |
| |||||||
| |||||||
1 | she shall be sentenced
to a term of imprisonment of not | ||||||
2 | less than 6 years and not more than 30
years if the | ||||||
3 | delivery is of not less than 6 and not more than 10 | ||||||
4 | firearms at the
same time or within a 2-year period. Any | ||||||
5 | person convicted of unlawful sale or delivery of firearms | ||||||
6 | in violation of paragraph (l) of subsection (A) commits a | ||||||
7 | Class X felony for which he or she shall be sentenced
to a | ||||||
8 | term of imprisonment of not less than 6 years and not more | ||||||
9 | than 40
years if the delivery is of not less than 11 and | ||||||
10 | not more than 20 firearms at the
same time or within a | ||||||
11 | 3-year period. Any person convicted of unlawful sale or | ||||||
12 | delivery of firearms in violation of paragraph (l) of | ||||||
13 | subsection (A) commits a Class X felony for which he or she | ||||||
14 | shall be sentenced
to a term of imprisonment of not less | ||||||
15 | than 6 years and not more than 50
years if the delivery is | ||||||
16 | of not less than 21 and not more than 30 firearms at the
| ||||||
17 | same time or within a 4-year period. Any person convicted | ||||||
18 | of unlawful sale or delivery of firearms in violation of | ||||||
19 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
20 | for which he or she shall be sentenced
to a term of | ||||||
21 | imprisonment of not less than 6 years and not more than 60
| ||||||
22 | years if the delivery is of 31 or more firearms at the
same | ||||||
23 | time or within a 5-year period. | ||||||
24 | (11) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of
paragraph (m) of subsection | ||||||
26 | (A) commits a Class 1 felony. |
| |||||||
| |||||||
1 | (D) For purposes of this Section:
| ||||||
2 | "School" means a public or private elementary or secondary | ||||||
3 | school,
community college, college, or university.
| ||||||
4 | "School related activity" means any sporting, social, | ||||||
5 | academic, or
other activity for which students' attendance or | ||||||
6 | participation is sponsored,
organized, or funded in whole or | ||||||
7 | in part by a school or school district.
| ||||||
8 | (E) A prosecution for a violation of paragraph (k) of | ||||||
9 | subsection (A) of this Section may be commenced within 6 years | ||||||
10 | after the commission of the offense. A prosecution for a | ||||||
11 | violation of this Section other than paragraph (g) of | ||||||
12 | subsection (A) of this Section may be commenced within 5 years | ||||||
13 | after the commission of the offense defined in the particular | ||||||
14 | paragraph.
| ||||||
15 | (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; | ||||||
16 | 102-813, eff. 5-13-22.)
| ||||||
17 | (720 ILCS 5/24-3.5)
| ||||||
18 | Sec. 24-3.5. Unlawful purchase of a firearm.
| ||||||
19 | (a) For purposes of this Section,
"firearms transaction | ||||||
20 | record form" means a form:
| ||||||
21 | (1) executed by a transferee
of a firearm stating: (i) | ||||||
22 | the transferee's name and address (including county
or | ||||||
23 | similar political subdivision); (ii) whether the | ||||||
24 | transferee is a citizen of
the United States;
(iii) the | ||||||
25 | transferee's State of residence; and (iv) the date and |
| |||||||
| |||||||
1 | place of
birth, height, weight, and race of the | ||||||
2 | transferee; and
| ||||||
3 | (2) on which the transferee certifies that he or she | ||||||
4 | is not
prohibited by federal law from transporting or | ||||||
5 | shipping a firearm
in interstate or foreign commerce or | ||||||
6 | receiving a firearm that has been shipped
or transported | ||||||
7 | in interstate or foreign commerce or possessing a firearm | ||||||
8 | in or
affecting commerce.
| ||||||
9 | (b) A person commits the offense of unlawful purchase of a | ||||||
10 | firearm who
knowingly purchases or attempts to purchase a
| ||||||
11 | firearm with the intent to deliver that firearm to another | ||||||
12 | person who
is prohibited by federal or State law from | ||||||
13 | possessing a firearm.
| ||||||
14 | (c) A person commits the offense of unlawful purchase of a | ||||||
15 | firearm when he
or she, in purchasing or attempting to | ||||||
16 | purchase a firearm, intentionally
provides false or
misleading | ||||||
17 | information on a United States Department of the Treasury, | ||||||
18 | Bureau of
Alcohol, Tobacco and Firearms firearms transaction | ||||||
19 | record form.
| ||||||
20 | (c-5) A person commits the offense of unlawful purchase of | ||||||
21 | a firearm when he
or she, in purchasing or attempting to | ||||||
22 | purchase a firearm does not display to the seller or | ||||||
23 | transferor of the firearm a permit to purchase the firearm | ||||||
24 | issued by the local law enforcement agency under Section 3.4 | ||||||
25 | of the Firearm Owners Identification Card Act. | ||||||
26 | (d) Exemption. It is not a violation of subsection (b) of |
| |||||||
| |||||||
1 | this Section for a
person to make a gift or loan of a firearm | ||||||
2 | to a
person who is not
prohibited by federal or State law from | ||||||
3 | possessing a firearm
if the transfer of the firearm
is made in | ||||||
4 | accordance with Section 3 of the Firearm Owners Identification | ||||||
5 | Card
Act.
| ||||||
6 | (e) Sentence.
| ||||||
7 | (1) A person who commits the offense of unlawful | ||||||
8 | purchase of a
firearm:
| ||||||
9 | (A) is guilty of a Class 2 felony for purchasing or | ||||||
10 | attempting to
purchase one firearm;
| ||||||
11 | (B) is guilty of a Class 1 felony for purchasing or | ||||||
12 | attempting to
purchase not less than 2
firearms and | ||||||
13 | not more than 5 firearms at the same time or within a | ||||||
14 | one
year period;
| ||||||
15 | (C) is guilty of a Class X felony for which the | ||||||
16 | offender shall be sentenced to a term of imprisonment | ||||||
17 | of not less than 9 years and not more than 40 years for | ||||||
18 | purchasing or attempting to
purchase not less than 6
| ||||||
19 | firearms at the same time or within a 2
year period.
| ||||||
20 | (D) is guilty of a Class 2 felony for purchasing or | ||||||
21 | attempting to
purchase a firearm in violation of | ||||||
22 | subsection (c-5).
| ||||||
23 | (2) In addition to any other penalty that may be | ||||||
24 | imposed for a violation
of this Section, the court may | ||||||
25 | sentence a person convicted of a violation of
subsection | ||||||
26 | (c) of this Section to a fine not to exceed $250,000 for |
| |||||||
| |||||||
1 | each
violation.
| ||||||
2 | (f) A prosecution for unlawful purchase of a firearm may | ||||||
3 | be commenced within 6 years after the commission of the | ||||||
4 | offense.
| ||||||
5 | (Source: P.A. 95-882, eff. 1-1-09.)
| ||||||
6 | Section 2-50. The Code of Criminal Procedure of 1963 is | ||||||
7 | amended by changing Section 112A-14 as follows:
| ||||||
8 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
9 | Sec. 112A-14. Domestic violence order of protection; | ||||||
10 | remedies.
| ||||||
11 | (a) (Blank).
| ||||||
12 | (b) The court may order any of the remedies listed in this | ||||||
13 | subsection (b).
The remedies listed in this subsection (b) | ||||||
14 | shall be in addition to other civil
or criminal remedies | ||||||
15 | available to petitioner.
| ||||||
16 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
17 | harassment,
interference with personal liberty, | ||||||
18 | intimidation of a dependent, physical
abuse, or willful | ||||||
19 | deprivation, as defined in this Article, if such abuse has
| ||||||
20 | occurred or otherwise appears likely to occur if not | ||||||
21 | prohibited.
| ||||||
22 | (2) Grant of exclusive possession of residence. | ||||||
23 | Prohibit respondent
from entering or remaining in any | ||||||
24 | residence, household, or premises of the petitioner,
|
| |||||||
| |||||||
1 | including one owned or leased by respondent, if petitioner | ||||||
2 | has a right
to occupancy thereof. The grant of exclusive | ||||||
3 | possession of the residence, household, or premises
shall | ||||||
4 | not affect title to real property, nor shall the court be | ||||||
5 | limited by
the standard set forth in subsection (c-2) of | ||||||
6 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
7 | Marriage Act.
| ||||||
8 | (A) Right to occupancy. A party has a right to | ||||||
9 | occupancy of a
residence or household if it is
solely | ||||||
10 | or jointly owned or leased by that party, that party's | ||||||
11 | spouse, a
person with a legal duty to support that | ||||||
12 | party or a minor child in that
party's care, or by any | ||||||
13 | person or entity other than the opposing party that
| ||||||
14 | authorizes that party's occupancy (e.g., a domestic | ||||||
15 | violence shelter).
Standards set forth in subparagraph | ||||||
16 | (B) shall not preclude equitable relief.
| ||||||
17 | (B) Presumption of hardships. If petitioner and | ||||||
18 | respondent
each has the right to occupancy of a | ||||||
19 | residence or household, the court
shall balance (i) | ||||||
20 | the hardships to respondent and any minor child or
| ||||||
21 | dependent adult in respondent's care resulting from | ||||||
22 | entry of this remedy with (ii)
the hardships to | ||||||
23 | petitioner and any minor child or dependent adult in
| ||||||
24 | petitioner's care resulting from continued exposure to | ||||||
25 | the risk of abuse (should
petitioner remain at the | ||||||
26 | residence or household) or from loss of possession
of |
| |||||||
| |||||||
1 | the residence or household (should petitioner leave to | ||||||
2 | avoid the risk
of abuse). When determining the balance | ||||||
3 | of hardships, the court shall also
take into account | ||||||
4 | the accessibility of the residence or household.
| ||||||
5 | Hardships need not be balanced if respondent does not | ||||||
6 | have a right to occupancy.
| ||||||
7 | The balance of hardships is presumed to favor | ||||||
8 | possession by
petitioner unless the presumption is | ||||||
9 | rebutted by a preponderance of the
evidence, showing | ||||||
10 | that the hardships to respondent substantially | ||||||
11 | outweigh
the hardships to petitioner and any minor | ||||||
12 | child or dependent adult in petitioner's
care. The | ||||||
13 | court, on the request of petitioner or on its own | ||||||
14 | motion,
may order respondent to provide suitable, | ||||||
15 | accessible, alternate housing
for petitioner instead | ||||||
16 | of
excluding respondent from a mutual residence or | ||||||
17 | household.
| ||||||
18 | (3) Stay away order and additional prohibitions.
Order | ||||||
19 | respondent to stay away from petitioner or any other | ||||||
20 | person
protected by the domestic violence order of | ||||||
21 | protection, or prohibit respondent from entering
or | ||||||
22 | remaining present at petitioner's school, place of | ||||||
23 | employment, or other
specified places at times when | ||||||
24 | petitioner is present, or both, if
reasonable, given
the | ||||||
25 | balance of hardships. Hardships need not be balanced for | ||||||
26 | the court
to enter a stay away order or prohibit entry
if |
| |||||||
| |||||||
1 | respondent has no right to enter the premises.
| ||||||
2 | (A) If a domestic violence order of protection | ||||||
3 | grants petitioner exclusive possession
of the | ||||||
4 | residence, prohibits respondent from entering the | ||||||
5 | residence,
or orders respondent to stay away from | ||||||
6 | petitioner or other
protected persons, then the court | ||||||
7 | may allow respondent access to the
residence to remove | ||||||
8 | items of clothing and personal adornment
used | ||||||
9 | exclusively by respondent, medications, and other | ||||||
10 | items as the court directs.
The right to access shall | ||||||
11 | be exercised on only one occasion as the court directs
| ||||||
12 | and in the presence of an agreed-upon adult third | ||||||
13 | party or law enforcement officer.
| ||||||
14 | (B) When the petitioner and the respondent attend | ||||||
15 | the same public, private, or non-public elementary, | ||||||
16 | middle, or high school, the court when issuing a | ||||||
17 | domestic violence order of protection and providing | ||||||
18 | relief shall consider the severity of the act, any | ||||||
19 | continuing physical danger or emotional distress to | ||||||
20 | the petitioner, the educational rights guaranteed to | ||||||
21 | the petitioner and respondent under federal and State | ||||||
22 | law, the availability of a transfer of the respondent | ||||||
23 | to another school, a change of placement or a change of | ||||||
24 | program of the respondent, the expense, difficulty, | ||||||
25 | and educational disruption that would be caused by a | ||||||
26 | transfer of the respondent to another school, and any |
| |||||||
| |||||||
1 | other relevant facts of the case. The court may order | ||||||
2 | that the respondent not attend the public, private, or | ||||||
3 | non-public elementary, middle, or high school attended | ||||||
4 | by the petitioner, order that the respondent accept a | ||||||
5 | change of placement or change of program, as | ||||||
6 | determined by the school district or private or | ||||||
7 | non-public school, or place restrictions on the | ||||||
8 | respondent's movements within the school attended by | ||||||
9 | the petitioner. The respondent bears the burden of | ||||||
10 | proving by a preponderance of the evidence that a | ||||||
11 | transfer, change of placement, or change of program of | ||||||
12 | the respondent is not available. The respondent also | ||||||
13 | bears the burden of production with respect to the | ||||||
14 | expense, difficulty, and educational disruption that | ||||||
15 | would be caused by a transfer of the respondent to | ||||||
16 | another school. A transfer, change of placement, or | ||||||
17 | change of program is not unavailable to the respondent | ||||||
18 | solely on the ground that the respondent does not | ||||||
19 | agree with the school district's or private or | ||||||
20 | non-public school's transfer, change of placement, or | ||||||
21 | change of program or solely on the ground that the | ||||||
22 | respondent fails or refuses to consent or otherwise | ||||||
23 | does not take an action required to effectuate a | ||||||
24 | transfer, change of placement, or change of program. | ||||||
25 | When a court orders a respondent to stay away from the | ||||||
26 | public, private, or non-public school attended by the |
| |||||||
| |||||||
1 | petitioner and the respondent requests a transfer to | ||||||
2 | another attendance center within the respondent's | ||||||
3 | school district or private or non-public school, the | ||||||
4 | school district or private or non-public school shall | ||||||
5 | have sole discretion to determine the attendance | ||||||
6 | center to which the respondent is transferred. If the | ||||||
7 | court order results in a transfer of the minor | ||||||
8 | respondent to another attendance center, a change in | ||||||
9 | the respondent's placement, or a change of the | ||||||
10 | respondent's program, the parents, guardian, or legal | ||||||
11 | custodian of the respondent is responsible for | ||||||
12 | transportation and other costs associated with the | ||||||
13 | transfer or change. | ||||||
14 | (C) The court may order the parents, guardian, or | ||||||
15 | legal custodian of a minor respondent to take certain | ||||||
16 | actions or to refrain from taking certain actions to | ||||||
17 | ensure that the respondent complies with the order. If | ||||||
18 | the court orders a transfer of the respondent to | ||||||
19 | another school, the parents, guardian, or legal | ||||||
20 | custodian of the respondent is responsible for | ||||||
21 | transportation and other costs associated with the | ||||||
22 | change of school by the respondent. | ||||||
23 | (4) Counseling. Require or recommend the respondent to | ||||||
24 | undergo
counseling for a specified duration with a social | ||||||
25 | worker, psychologist,
clinical psychologist, | ||||||
26 | psychiatrist, family service agency, alcohol or
substance |
| |||||||
| |||||||
1 | abuse program, mental health center guidance counselor, | ||||||
2 | agency
providing services to elders, program designed for | ||||||
3 | domestic violence
abusers, or any other guidance service | ||||||
4 | the court deems appropriate. The court may order the | ||||||
5 | respondent in any intimate partner relationship to report | ||||||
6 | to an Illinois Department of Human Services protocol | ||||||
7 | approved partner abuse intervention program for an | ||||||
8 | assessment and to follow all recommended treatment.
| ||||||
9 | (5) Physical care and possession of the minor child. | ||||||
10 | In order to protect
the minor child from abuse, neglect, | ||||||
11 | or unwarranted separation from the person
who has been the | ||||||
12 | minor child's primary caretaker, or to otherwise protect | ||||||
13 | the
well-being of the minor child, the court may do either | ||||||
14 | or both of the following:
(i) grant petitioner physical | ||||||
15 | care or possession of the minor child, or both, or
(ii) | ||||||
16 | order respondent to return a minor child to, or not remove | ||||||
17 | a minor child
from, the physical care of a parent or person | ||||||
18 | in loco parentis.
| ||||||
19 | If the respondent is charged with abuse
(as defined in | ||||||
20 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
21 | be a
rebuttable presumption that awarding physical care to | ||||||
22 | respondent would not
be in the minor child's best | ||||||
23 | interest.
| ||||||
24 | (6) Temporary allocation of parental responsibilities | ||||||
25 | and significant decision-making responsibilities.
Award | ||||||
26 | temporary significant decision-making responsibility to |
| |||||||
| |||||||
1 | petitioner in accordance with this Section,
the Illinois | ||||||
2 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
3 | Parentage Act of 2015,
and this State's Uniform | ||||||
4 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
5 | If the respondent
is charged with abuse (as defined in | ||||||
6 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
7 | be a rebuttable presumption that awarding
temporary | ||||||
8 | significant decision-making responsibility to respondent | ||||||
9 | would not be in the
child's best interest.
| ||||||
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 temporary significant decision-making | ||||||
13 | responsibility of a minor child to
petitioner. The court | ||||||
14 | shall restrict or deny respondent's parenting time with
a | ||||||
15 | minor child if
the court finds that respondent has done or | ||||||
16 | is likely to do any of the
following: | ||||||
17 | (i) abuse or endanger the minor child during | ||||||
18 | parenting time; | ||||||
19 | (ii) use the parenting time
as an opportunity to | ||||||
20 | abuse or harass petitioner or
petitioner's family or | ||||||
21 | household members; | ||||||
22 | (iii) improperly conceal or
detain the minor | ||||||
23 | child; or | ||||||
24 | (iv) otherwise act in a manner that is not in
the | ||||||
25 | best interests of the minor child. | ||||||
26 | The court shall not be limited by the
standards set |
| |||||||
| |||||||
1 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
2 | Dissolution of Marriage Act. If the court grants parenting | ||||||
3 | time, the order
shall specify dates and times for the | ||||||
4 | parenting time to take place or other
specific parameters | ||||||
5 | or conditions that are appropriate. No order for parenting | ||||||
6 | time
shall refer merely to the term "reasonable parenting | ||||||
7 | time". Petitioner may deny respondent access to the minor | ||||||
8 | child if, when
respondent arrives for parenting time, | ||||||
9 | respondent is under the influence of drugs
or alcohol and | ||||||
10 | constitutes a threat to the safety and well-being of
| ||||||
11 | petitioner or petitioner's minor children or is behaving | ||||||
12 | in a violent or abusive manner. If necessary to protect | ||||||
13 | any member of petitioner's family or
household from future | ||||||
14 | abuse, respondent shall be prohibited from coming to
| ||||||
15 | petitioner's residence to meet the minor child for | ||||||
16 | parenting time, and the petitioner and respondent
shall | ||||||
17 | submit to the court their recommendations for reasonable
| ||||||
18 | alternative arrangements for parenting time. A person may | ||||||
19 | be approved to
supervise parenting time only after filing | ||||||
20 | an affidavit accepting
that responsibility and | ||||||
21 | acknowledging accountability to the court.
| ||||||
22 | (8) Removal or concealment of minor child.
Prohibit | ||||||
23 | respondent from
removing a minor child from the State or | ||||||
24 | concealing the child within the
State.
| ||||||
25 | (9) Order to appear. Order the respondent to
appear in | ||||||
26 | court, alone
or with a minor child, to prevent abuse, |
| |||||||
| |||||||
1 | neglect, removal or concealment of
the child, to return | ||||||
2 | the child to the custody or care of the petitioner, or
to | ||||||
3 | permit any court-ordered interview or examination of the | ||||||
4 | child or the
respondent.
| ||||||
5 | (10) Possession of personal property. Grant petitioner | ||||||
6 | exclusive
possession of personal property and, if | ||||||
7 | respondent has possession or
control, direct respondent to | ||||||
8 | promptly make it available to petitioner, if:
| ||||||
9 | (i) petitioner, but not respondent, owns the | ||||||
10 | property; or
| ||||||
11 | (ii) the petitioner and respondent own the | ||||||
12 | property jointly; sharing it would risk
abuse of | ||||||
13 | petitioner by respondent or is impracticable; and the | ||||||
14 | balance of
hardships favors temporary possession by | ||||||
15 | petitioner.
| ||||||
16 | If petitioner's sole claim to ownership of the | ||||||
17 | property is that it is
marital property, the court may | ||||||
18 | award petitioner temporary possession
thereof under the | ||||||
19 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
20 | proper proceeding has been filed under the Illinois | ||||||
21 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
22 | hereafter amended.
| ||||||
23 | No order under this provision shall affect title to | ||||||
24 | property.
| ||||||
25 | (11) Protection of property. Forbid the respondent | ||||||
26 | from taking,
transferring, encumbering, concealing, |
| |||||||
| |||||||
1 | damaging, or otherwise disposing of
any real or personal | ||||||
2 | property, except as explicitly authorized by the
court, | ||||||
3 | if:
| ||||||
4 | (i) petitioner, but not respondent, owns the | ||||||
5 | property; or
| ||||||
6 | (ii) the petitioner and respondent own the | ||||||
7 | property jointly,
and the balance of hardships favors | ||||||
8 | granting this remedy.
| ||||||
9 | If petitioner's sole claim to ownership of the | ||||||
10 | property is that it is
marital property, the court may | ||||||
11 | grant petitioner relief under subparagraph
(ii) of this | ||||||
12 | paragraph only if a proper proceeding has been filed under | ||||||
13 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
14 | now or hereafter amended.
| ||||||
15 | The court may further prohibit respondent from | ||||||
16 | improperly using the
financial or other resources of an | ||||||
17 | aged member of the family or household
for the profit or | ||||||
18 | advantage of respondent or of any other person.
| ||||||
19 | (11.5) Protection of animals. Grant the petitioner the | ||||||
20 | exclusive care, custody, or control of any animal owned, | ||||||
21 | possessed, leased, kept, or held by either the petitioner | ||||||
22 | or the respondent or a minor child residing in the | ||||||
23 | residence or household of either the petitioner or the | ||||||
24 | respondent and order the respondent to stay away from the | ||||||
25 | animal and forbid the respondent from taking, | ||||||
26 | transferring, encumbering, concealing, harming, or |
| |||||||
| |||||||
1 | otherwise disposing of the animal.
| ||||||
2 | (12) Order for payment of support. Order
respondent to | ||||||
3 | pay temporary
support for the petitioner or any child in | ||||||
4 | the petitioner's care or over whom the petitioner has been | ||||||
5 | allocated parental responsibility, when the respondent has | ||||||
6 | a legal obligation to support that person,
in accordance | ||||||
7 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
8 | Act, which shall govern, among other matters, the amount | ||||||
9 | of
support, payment through the clerk and withholding of | ||||||
10 | income to secure
payment. An order for child support may | ||||||
11 | be granted to a petitioner with
lawful physical care of a | ||||||
12 | child, or an order or agreement for
physical care of a | ||||||
13 | child, prior to entry of an order allocating significant | ||||||
14 | decision-making responsibility.
Such a support order shall | ||||||
15 | expire upon entry of a valid order allocating parental | ||||||
16 | responsibility differently and vacating petitioner's | ||||||
17 | significant decision-making responsibility unless | ||||||
18 | otherwise provided in the order.
| ||||||
19 | (13) Order for payment of losses. Order
respondent to | ||||||
20 | pay petitioner
for losses suffered as a direct result of | ||||||
21 | the abuse. Such losses shall
include, but not be limited | ||||||
22 | to, medical expenses, lost earnings or other
support, | ||||||
23 | repair or replacement of property damaged or taken, | ||||||
24 | reasonable
attorney's fees, court costs, and moving or | ||||||
25 | other travel expenses, including
additional reasonable | ||||||
26 | expenses for temporary shelter and restaurant meals.
|
| |||||||
| |||||||
1 | (i) Losses affecting family needs. If a party is | ||||||
2 | entitled to seek
maintenance, child support, or | ||||||
3 | property distribution from the other party
under the | ||||||
4 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
5 | now or
hereafter amended, the court may order | ||||||
6 | respondent to reimburse petitioner's
actual losses, to | ||||||
7 | the extent that such reimbursement would be | ||||||
8 | "appropriate
temporary relief", as authorized by | ||||||
9 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
10 | (ii) Recovery of expenses. In the case of an | ||||||
11 | improper concealment
or removal of a minor child, the | ||||||
12 | court may order respondent to pay the reasonable
| ||||||
13 | expenses incurred or to be incurred in the search for | ||||||
14 | and recovery of the
minor child, including, but not | ||||||
15 | limited to, legal fees, court costs, private
| ||||||
16 | investigator fees, and travel costs.
| ||||||
17 | (14) Prohibition of entry. Prohibit the respondent | ||||||
18 | from entering or
remaining in the residence or household | ||||||
19 | while the respondent is under the
influence of alcohol or | ||||||
20 | drugs and constitutes a threat to the safety and
| ||||||
21 | well-being of the petitioner or the petitioner's children.
| ||||||
22 | (14.5) Prohibition of firearm possession. | ||||||
23 | (A) A person who is subject to an existing | ||||||
24 | domestic violence order of protection issued under | ||||||
25 | this Code may not lawfully possess weapons or a | ||||||
26 | Firearm Owner's Identification Card under Section 8.2 |
| |||||||
| |||||||
1 | of the Firearm Owners Identification Card Act and is | ||||||
2 | subject to the requirements of subsection (a-1) of | ||||||
3 | Section 214 of the Illinois Domestic Violence Act of | ||||||
4 | 1986 and paragraph (14.5) or (14.6) of subsection (b) | ||||||
5 | of Section 214 of the Illinois Domestic Violence Act | ||||||
6 | of 1986, as applicable . | ||||||
7 | (B) Any firearms in the
possession of the | ||||||
8 | respondent, except as provided in subparagraph (C) of | ||||||
9 | this paragraph (14.5), shall be ordered by the court | ||||||
10 | to be turned
over to a person with a valid Firearm | ||||||
11 | Owner's Identification Card for surrender: safekeeping | ||||||
12 | (i) in the case of an ex parte order under | ||||||
13 | Section 112A-17.5, for the duration of the | ||||||
14 | domestic violence order of protection; or | ||||||
15 | (ii) in the case of a final order, for the | ||||||
16 | duration of the domestic violence order of | ||||||
17 | protection or 2 years, whichever is longer . | ||||||
18 | The court shall issue an order that the respondent | ||||||
19 | comply with Section 9.5 of the Firearm Owners | ||||||
20 | Identification Card Act.
| ||||||
21 | (C) If the respondent is a peace officer as | ||||||
22 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
23 | the court shall order that any firearms used by the
| ||||||
24 | respondent in the performance of his or her duties as a
| ||||||
25 | peace officer be surrendered to
the chief law | ||||||
26 | enforcement executive of the agency in which the |
| |||||||
| |||||||
1 | respondent is
employed, who shall retain the firearms | ||||||
2 | for surrender: safekeeping | ||||||
3 | (i) in the case of an ex parte order under | ||||||
4 | Section 112A-17.5, for the duration of the | ||||||
5 | domestic violence order of protection ; or | ||||||
6 | (ii) in the case of a final order, for the | ||||||
7 | duration of the domestic violence order of | ||||||
8 | protection or 2 years, whichever is longer .
| ||||||
9 | (D) Upon expiration of the period of surrender | ||||||
10 | safekeeping , if the firearms or Firearm Owner's | ||||||
11 | Identification Card cannot be returned to respondent | ||||||
12 | because respondent cannot be located, fails to respond | ||||||
13 | to requests to retrieve the firearms, or is not | ||||||
14 | lawfully eligible to possess a firearm, upon petition | ||||||
15 | from the local law enforcement agency, the court may | ||||||
16 | order the local law enforcement agency to destroy the | ||||||
17 | firearms, use the firearms for training purposes, or | ||||||
18 | for any other application as deemed appropriate by the | ||||||
19 | local law enforcement agency; or that the firearms be | ||||||
20 | turned over to a third party who is lawfully eligible | ||||||
21 | to possess firearms, and who does not reside with | ||||||
22 | respondent. | ||||||
23 | (15) Prohibition of access to records. If a domestic | ||||||
24 | violence order of protection
prohibits respondent from | ||||||
25 | having contact with the minor child,
or if petitioner's | ||||||
26 | address is omitted under subsection (b) of
Section 112A-5 |
| |||||||
| |||||||
1 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
2 | removal or
concealment of a minor child, the order shall | ||||||
3 | deny respondent access to, and
prohibit respondent from | ||||||
4 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
5 | school or any other records of the minor child
who is in | ||||||
6 | the care of petitioner.
| ||||||
7 | (16) Order for payment of shelter services. Order | ||||||
8 | respondent to
reimburse a shelter providing temporary | ||||||
9 | housing and counseling services to
the petitioner for the | ||||||
10 | cost of the services, as certified by the shelter
and | ||||||
11 | deemed reasonable by the court.
| ||||||
12 | (17) Order for injunctive relief. Enter injunctive | ||||||
13 | relief necessary
or appropriate to prevent further abuse | ||||||
14 | of a family or household member or
to effectuate one of the | ||||||
15 | granted remedies, if supported by the balance of
| ||||||
16 | hardships. If the harm to be prevented by the injunction | ||||||
17 | is abuse or any
other harm that one of the remedies listed | ||||||
18 | in paragraphs (1) through (16)
of this subsection is | ||||||
19 | designed to prevent, no further evidence is necessary
to | ||||||
20 | establish that the harm is an irreparable injury.
| ||||||
21 | (18) Telephone services. | ||||||
22 | (A) Unless a condition described in subparagraph | ||||||
23 | (B) of this paragraph exists, the court may, upon | ||||||
24 | request by the petitioner, order a wireless telephone | ||||||
25 | service provider to transfer to the petitioner the | ||||||
26 | right to continue to use a telephone number or numbers |
| |||||||
| |||||||
1 | indicated by the petitioner and the financial | ||||||
2 | responsibility associated with the number or numbers, | ||||||
3 | as set forth in subparagraph (C) of this paragraph. In | ||||||
4 | this paragraph (18), the term "wireless telephone | ||||||
5 | service provider" means a provider of commercial | ||||||
6 | mobile service as defined in 47 U.S.C. 332. The | ||||||
7 | petitioner may request the transfer of each telephone | ||||||
8 | number that the petitioner, or a minor child in his or | ||||||
9 | her custody, uses. The clerk of the court shall serve | ||||||
10 | the order on the wireless telephone service provider's | ||||||
11 | agent for service of process provided to the Illinois | ||||||
12 | Commerce Commission. The order shall contain all of | ||||||
13 | the following: | ||||||
14 | (i) The name and billing telephone number of | ||||||
15 | the account holder including the name of the | ||||||
16 | wireless telephone service provider that serves | ||||||
17 | the account. | ||||||
18 | (ii) Each telephone number that will be | ||||||
19 | transferred. | ||||||
20 | (iii) A statement that the provider transfers | ||||||
21 | to the petitioner all financial responsibility for | ||||||
22 | and right to the use of any telephone number | ||||||
23 | transferred under this paragraph. | ||||||
24 | (B) A wireless telephone service provider shall | ||||||
25 | terminate the respondent's use of, and shall transfer | ||||||
26 | to the petitioner use of, the telephone number or |
| |||||||
| |||||||
1 | numbers indicated in subparagraph (A) of this | ||||||
2 | paragraph unless it notifies the petitioner, within 72 | ||||||
3 | hours after it receives the order, that one of the | ||||||
4 | following applies: | ||||||
5 | (i) The account holder named in the order has | ||||||
6 | terminated the account. | ||||||
7 | (ii) A difference in network technology would | ||||||
8 | prevent or impair the functionality of a device on | ||||||
9 | a network if the transfer occurs. | ||||||
10 | (iii) The transfer would cause a geographic or | ||||||
11 | other limitation on network or service provision | ||||||
12 | to the petitioner. | ||||||
13 | (iv) Another technological or operational | ||||||
14 | issue would prevent or impair the use of the | ||||||
15 | telephone number if the transfer occurs. | ||||||
16 | (C) The petitioner assumes all financial | ||||||
17 | responsibility for and right to the use of any | ||||||
18 | telephone number transferred under this paragraph. In | ||||||
19 | this paragraph, "financial responsibility" includes | ||||||
20 | monthly service costs and costs associated with any | ||||||
21 | mobile device associated with the number. | ||||||
22 | (D) A wireless telephone service provider may | ||||||
23 | apply to the petitioner its routine and customary | ||||||
24 | requirements for establishing an account or | ||||||
25 | transferring a number, including requiring the | ||||||
26 | petitioner to provide proof of identification, |
| |||||||
| |||||||
1 | financial information, and customer preferences.
| ||||||
2 | (E) Except for willful or wanton misconduct, a | ||||||
3 | wireless telephone service provider is immune from | ||||||
4 | civil liability for its actions taken in compliance | ||||||
5 | with a court order issued under this paragraph. | ||||||
6 | (F) All wireless service providers that provide | ||||||
7 | services to residential customers shall provide to the | ||||||
8 | Illinois Commerce Commission the name and address of | ||||||
9 | an agent for service of orders entered under this | ||||||
10 | paragraph (18). Any change in status of the registered | ||||||
11 | agent must be reported to the Illinois Commerce | ||||||
12 | Commission within 30 days of such change. | ||||||
13 | (G) The Illinois Commerce Commission shall | ||||||
14 | maintain the list of registered agents for service for | ||||||
15 | each wireless telephone service provider on the | ||||||
16 | Commission's website. The Commission may consult with | ||||||
17 | wireless telephone service providers and the Circuit | ||||||
18 | Court Clerks on the manner in which this information | ||||||
19 | is provided and displayed. | ||||||
20 | (c) Relevant factors; findings.
| ||||||
21 | (1) In determining whether to grant a
specific remedy, | ||||||
22 | other than payment of support, the
court shall consider | ||||||
23 | relevant factors, including, but not limited to, the
| ||||||
24 | following:
| ||||||
25 | (i) the nature, frequency, severity, pattern, and | ||||||
26 | consequences of the
respondent's past abuse of the |
| |||||||
| |||||||
1 | petitioner or any family or household
member, | ||||||
2 | including the concealment of his or her location in | ||||||
3 | order to evade
service of process or notice, and the | ||||||
4 | likelihood of danger of future abuse to
petitioner or
| ||||||
5 | any member of petitioner's or respondent's family or | ||||||
6 | household; and
| ||||||
7 | (ii) the danger that any minor child will be | ||||||
8 | abused or neglected or
improperly relocated from the | ||||||
9 | jurisdiction, improperly concealed within the
State, | ||||||
10 | or improperly separated from the child's primary | ||||||
11 | caretaker.
| ||||||
12 | (2) In comparing relative hardships resulting to the | ||||||
13 | parties from loss
of possession of the family home, the | ||||||
14 | court shall consider relevant
factors, including, but not | ||||||
15 | limited to, the following:
| ||||||
16 | (i) availability, accessibility, cost, safety, | ||||||
17 | adequacy, location, and other
characteristics of | ||||||
18 | alternate housing for each party and any minor child | ||||||
19 | or
dependent adult in the party's care;
| ||||||
20 | (ii) the effect on the party's employment; and
| ||||||
21 | (iii) the effect on the relationship of the party, | ||||||
22 | and any minor
child or dependent adult in the party's | ||||||
23 | care, to family, school, church,
and community.
| ||||||
24 | (3) Subject to the exceptions set forth in paragraph | ||||||
25 | (4) of this
subsection (c), the court shall make its | ||||||
26 | findings in an official record or in
writing, and shall at |
| |||||||
| |||||||
1 | a minimum set forth the following:
| ||||||
2 | (i) That the court has considered the applicable | ||||||
3 | relevant factors
described in paragraphs (1) and (2) | ||||||
4 | of this subsection (c).
| ||||||
5 | (ii) Whether the conduct or actions of respondent, | ||||||
6 | unless
prohibited, will likely cause irreparable harm | ||||||
7 | or continued abuse.
| ||||||
8 | (iii) Whether it is necessary to grant the | ||||||
9 | requested relief in order
to protect petitioner or | ||||||
10 | other alleged abused persons.
| ||||||
11 | (4) (Blank).
| ||||||
12 | (5) Never married parties. No rights or | ||||||
13 | responsibilities for a minor
child born outside of | ||||||
14 | marriage attach to a putative father until a father and
| ||||||
15 | child relationship has been established under the Illinois | ||||||
16 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
17 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
18 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
19 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
20 | the Expedited Child Support Act of 1990, any judicial, | ||||||
21 | administrative, or other act of another state or | ||||||
22 | territory, any other statute of this State, or by any | ||||||
23 | foreign nation establishing the father and child | ||||||
24 | relationship, any other proceeding substantially in | ||||||
25 | conformity with the federal Personal Responsibility and | ||||||
26 | Work Opportunity Reconciliation Act of 1996, or when both |
| |||||||
| |||||||
1 | parties appeared in open court or at an administrative | ||||||
2 | hearing acknowledging under oath or admitting by | ||||||
3 | affirmation the existence of a father and child | ||||||
4 | relationship. Absent such an adjudication, no putative | ||||||
5 | father shall be granted
temporary allocation of parental | ||||||
6 | responsibilities, including parenting time with the minor | ||||||
7 | child, or
physical care
and possession of the minor child, | ||||||
8 | nor shall
an order of payment for support of the minor | ||||||
9 | child be entered.
| ||||||
10 | (d) Balance of hardships; findings. If the court finds | ||||||
11 | that the balance
of hardships does not support the granting of | ||||||
12 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
13 | subsection (b) of this Section,
which may require such | ||||||
14 | balancing, the court's findings shall so
indicate and shall | ||||||
15 | include a finding as to whether granting the remedy will
| ||||||
16 | result in hardship to respondent that would substantially | ||||||
17 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
18 | The findings shall be an official record or in
writing.
| ||||||
19 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
20 | based, in
whole or in part, on evidence that:
| ||||||
21 | (1) respondent has cause for any use of force, unless | ||||||
22 | that cause
satisfies the standards for justifiable use of | ||||||
23 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
24 | (2) respondent was voluntarily intoxicated;
| ||||||
25 | (3) petitioner acted in self-defense or defense of | ||||||
26 | another, provided
that, if petitioner utilized force, such |
| |||||||
| |||||||
1 | force was justifiable under
Article 7 of the Criminal Code | ||||||
2 | of 2012;
| ||||||
3 | (4) petitioner did not act in self-defense or defense | ||||||
4 | of another;
| ||||||
5 | (5) petitioner left the residence or household to | ||||||
6 | avoid further abuse
by respondent;
| ||||||
7 | (6) petitioner did not leave the residence or | ||||||
8 | household to avoid further
abuse by respondent; or
| ||||||
9 | (7) conduct by any family or household member excused | ||||||
10 | the abuse by
respondent, unless that same conduct would | ||||||
11 | have excused such abuse if the
parties had not been family | ||||||
12 | or household members.
| ||||||
13 | (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; | ||||||
14 | 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
| ||||||
15 | Section 2-55. The Illinois Domestic Violence Act of 1986 | ||||||
16 | is amended by changing Sections 214, 217, and 223 as follows:
| ||||||
17 | (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
| ||||||
18 | Sec. 214. Order of protection; remedies.
| ||||||
19 | (a) Issuance of order. If the court finds that petitioner | ||||||
20 | has been
abused by a family or household member or that | ||||||
21 | petitioner is a high-risk
adult who has been abused, | ||||||
22 | neglected, or exploited, as defined in this Act,
an order of | ||||||
23 | protection prohibiting the abuse, neglect, or exploitation
| ||||||
24 | shall issue; provided that petitioner must also satisfy the |
| |||||||
| |||||||
1 | requirements of
one of the following Sections, as appropriate: | ||||||
2 | Section 217 on emergency
orders, Section 218 on interim | ||||||
3 | orders, or Section 219 on plenary orders.
Petitioner shall not | ||||||
4 | be denied an order of protection because petitioner or
| ||||||
5 | respondent is a minor. The court, when determining whether or | ||||||
6 | not to issue
an order of protection, shall not require | ||||||
7 | physical manifestations of abuse
on the person of the victim. | ||||||
8 | Modification and extension of prior
orders of protection shall | ||||||
9 | be in accordance with this Act. | ||||||
10 | (a-1) If the respondent to an order of protection issued | ||||||
11 | under subsection (a) is subject to paragraph (14.5) or (14.6) | ||||||
12 | of subsection (b), the order of protection shall also include | ||||||
13 | an order to surrender firearms. The order to surrender | ||||||
14 | firearms shall require the respondent to surrender any firearm | ||||||
15 | on the day the respondent is served with the order of | ||||||
16 | protection. Upon the respondent surrendering any firearm to | ||||||
17 | the appropriate law enforcement agency, the law enforcement | ||||||
18 | agency shall provide a statement of receipt of any firearm, | ||||||
19 | with a description of any firearm surrendered, to the | ||||||
20 | respondent and the court. This statement of receipt shall be | ||||||
21 | considered proof of compliance with an order to surrender | ||||||
22 | firearms and may be presented as proof at a hearing. | ||||||
23 | The failure to surrender any firearm within 24 hours to | ||||||
24 | the appropriate law enforcement agency under an order to | ||||||
25 | surrender firearms shall constitute contempt of court for the | ||||||
26 | violation of the terms of the order of protection. |
| |||||||
| |||||||
1 | Within 30 days of the effective date of this amendatory | ||||||
2 | Act of the 103rd General Assembly, the Supreme Court shall | ||||||
3 | adopt a form for an order to surrender firearms and update any | ||||||
4 | existing forms for an order of protection to reflect the | ||||||
5 | changes made by this amendatory Act of the 103rd General | ||||||
6 | Assembly. The form for an order to surrender firearms shall | ||||||
7 | also include forms for a declaration of surrender of firearms, | ||||||
8 | proof of surrender, declaration of nonsurrender, and order to | ||||||
9 | release firearms.
| ||||||
10 | (b) Remedies and standards. The remedies to be included in | ||||||
11 | an order of
protection shall be determined in accordance with | ||||||
12 | this Section and one of
the following Sections, as | ||||||
13 | appropriate: Section 217 on emergency orders,
Section 218 on | ||||||
14 | interim orders, and Section 219 on plenary orders. The
| ||||||
15 | remedies listed in this subsection shall be in addition to | ||||||
16 | other civil or
criminal remedies available to petitioner.
| ||||||
17 | (1) Prohibition of abuse, neglect, or exploitation. | ||||||
18 | Prohibit
respondent's harassment, interference with | ||||||
19 | personal liberty, intimidation
of a dependent, physical | ||||||
20 | abuse, or willful deprivation, neglect or
exploitation, as | ||||||
21 | defined in this Act, or stalking of the petitioner, as | ||||||
22 | defined
in Section 12-7.3 of the Criminal Code of 2012, if | ||||||
23 | such abuse, neglect,
exploitation, or stalking has | ||||||
24 | occurred or otherwise appears likely to occur if
not | ||||||
25 | prohibited.
| ||||||
26 | (2) Grant of exclusive possession of residence. |
| |||||||
| |||||||
1 | Prohibit respondent from
entering or remaining in any | ||||||
2 | residence, household, or premises of the petitioner,
| ||||||
3 | including one owned or leased by respondent, if petitioner | ||||||
4 | has a right to
occupancy thereof. The grant of exclusive | ||||||
5 | possession of the residence, household, or premises shall | ||||||
6 | not
affect title to real property, nor shall the court be | ||||||
7 | limited by the standard
set forth in subsection (c-2) of | ||||||
8 | Section 501 of the Illinois Marriage and Dissolution of | ||||||
9 | Marriage
Act.
| ||||||
10 | (A) Right to occupancy. A party has a right to | ||||||
11 | occupancy of a
residence or household if it is solely | ||||||
12 | or jointly owned or leased by that
party, that party's | ||||||
13 | spouse, a person with a legal duty to support that | ||||||
14 | party or
a minor child in that party's care, or by any | ||||||
15 | person or entity other than the
opposing party that | ||||||
16 | authorizes that party's occupancy (e.g., a domestic
| ||||||
17 | violence shelter). Standards set forth in subparagraph | ||||||
18 | (B) shall not preclude
equitable relief.
| ||||||
19 | (B) Presumption of hardships. If petitioner and | ||||||
20 | respondent
each has the right to occupancy of a | ||||||
21 | residence or household, the court
shall balance (i) | ||||||
22 | the hardships to respondent and any minor child or
| ||||||
23 | dependent adult in respondent's care resulting from | ||||||
24 | entry of this remedy with
(ii) the hardships to | ||||||
25 | petitioner and any minor child or dependent adult in
| ||||||
26 | petitioner's care resulting from continued exposure to |
| |||||||
| |||||||
1 | the risk of abuse
(should petitioner remain at the | ||||||
2 | residence or household) or from loss of
possession of | ||||||
3 | the residence or household (should petitioner leave to | ||||||
4 | avoid the
risk of abuse). When determining the balance | ||||||
5 | of hardships, the court shall
also take into account | ||||||
6 | the accessibility of the residence or household.
| ||||||
7 | Hardships need not be balanced if respondent does not | ||||||
8 | have a right to
occupancy.
| ||||||
9 | The balance of hardships is presumed to favor | ||||||
10 | possession by
petitioner unless the presumption is | ||||||
11 | rebutted by a preponderance of the
evidence, showing | ||||||
12 | that the hardships to respondent substantially | ||||||
13 | outweigh
the hardships to petitioner and any minor | ||||||
14 | child or dependent adult in
petitioner's care. The | ||||||
15 | court, on the request of petitioner or on its own
| ||||||
16 | motion, may order respondent to provide suitable, | ||||||
17 | accessible, alternate housing
for petitioner instead | ||||||
18 | of excluding respondent from a mutual residence or
| ||||||
19 | household.
| ||||||
20 | (3) Stay away order and additional prohibitions.
Order | ||||||
21 | respondent to stay away from petitioner or any other | ||||||
22 | person
protected by the order of protection, or prohibit | ||||||
23 | respondent from entering
or remaining present at | ||||||
24 | petitioner's school, place of employment, or other
| ||||||
25 | specified places at times when petitioner is present, or | ||||||
26 | both, if
reasonable, given the balance of hardships. |
| |||||||
| |||||||
1 | Hardships need not be balanced for
the court to enter a | ||||||
2 | stay away order or prohibit entry if respondent has no
| ||||||
3 | right to enter the premises.
| ||||||
4 | (A) If an order of protection grants petitioner | ||||||
5 | exclusive possession
of the residence, or prohibits | ||||||
6 | respondent from entering the residence,
or orders | ||||||
7 | respondent to stay away from petitioner or other
| ||||||
8 | protected persons, then the court may allow respondent | ||||||
9 | access to the
residence to remove items of clothing | ||||||
10 | and personal adornment
used exclusively by respondent, | ||||||
11 | medications, and other items as the court
directs. The | ||||||
12 | right to access shall be exercised on only one | ||||||
13 | occasion as the
court directs and in the presence of an | ||||||
14 | agreed-upon adult third party or law
enforcement | ||||||
15 | officer.
| ||||||
16 | (B) When the petitioner and the respondent attend | ||||||
17 | the same public, private, or non-public elementary, | ||||||
18 | middle, or high school, the court when issuing an | ||||||
19 | order of protection and providing relief shall | ||||||
20 | consider the severity of the act, any continuing | ||||||
21 | physical danger or emotional distress to the | ||||||
22 | petitioner, the educational rights guaranteed to the | ||||||
23 | petitioner and respondent under federal and State law, | ||||||
24 | the availability of a transfer of the respondent to | ||||||
25 | another school, a change of placement or a change of | ||||||
26 | program of the respondent, the expense, difficulty, |
| |||||||
| |||||||
1 | and educational disruption that would be caused by a | ||||||
2 | transfer of the respondent to another school, and any | ||||||
3 | other relevant facts of the case. The court may order | ||||||
4 | that the respondent not attend the public, private, or | ||||||
5 | non-public elementary, middle, or high school attended | ||||||
6 | by the petitioner, order that the respondent accept a | ||||||
7 | change of placement or change of program, as | ||||||
8 | determined by the school district or private or | ||||||
9 | non-public school, or place restrictions on the | ||||||
10 | respondent's movements within the school attended by | ||||||
11 | the petitioner.
The respondent bears the burden of | ||||||
12 | proving by a preponderance of the evidence that a | ||||||
13 | transfer, change of placement, or change of program of | ||||||
14 | the respondent is not available. The respondent also | ||||||
15 | bears the burden of production with respect to the | ||||||
16 | expense, difficulty, and educational disruption that | ||||||
17 | would be caused by a transfer of the respondent to | ||||||
18 | another school. A transfer, change of placement, or | ||||||
19 | change of program is not unavailable to the respondent | ||||||
20 | solely on the ground that the respondent does not | ||||||
21 | agree with the school district's or private or | ||||||
22 | non-public school's transfer, change of placement, or | ||||||
23 | change of program or solely on the ground that the | ||||||
24 | respondent fails or refuses to consent or otherwise | ||||||
25 | does not take an action required to effectuate a | ||||||
26 | transfer, change of placement, or change of program.
|
| |||||||
| |||||||
1 | When a court orders a respondent to stay away from the | ||||||
2 | public, private, or non-public school attended by the | ||||||
3 | petitioner and the respondent requests a transfer to | ||||||
4 | another attendance center within the respondent's | ||||||
5 | school district or private or non-public school, the | ||||||
6 | school district or private or non-public school shall | ||||||
7 | have sole discretion to determine the attendance | ||||||
8 | center to which the respondent is transferred.
In the | ||||||
9 | event the court order results in a transfer of the | ||||||
10 | minor respondent to another attendance center, a | ||||||
11 | change in the respondent's placement, or a change of | ||||||
12 | the respondent's program, the parents, guardian, or | ||||||
13 | legal custodian of the respondent is responsible for | ||||||
14 | transportation and other costs associated with the | ||||||
15 | transfer or change. | ||||||
16 | (C) The court may order the parents, guardian, or | ||||||
17 | legal custodian of a minor respondent to take certain | ||||||
18 | actions or to refrain from taking certain actions to | ||||||
19 | ensure that the respondent complies with the order. In | ||||||
20 | the event the court orders a transfer of the | ||||||
21 | respondent to another school, the parents, guardian, | ||||||
22 | or legal custodian of the respondent is responsible | ||||||
23 | for transportation and other costs associated with the | ||||||
24 | change of school by the respondent. | ||||||
25 | (4) Counseling. Require or recommend the respondent to | ||||||
26 | undergo
counseling for a specified duration with a social |
| |||||||
| |||||||
1 | worker, psychologist,
clinical psychologist, | ||||||
2 | psychiatrist, family service agency, alcohol or
substance | ||||||
3 | abuse program, mental health center guidance counselor, | ||||||
4 | agency
providing services to elders, program designed for | ||||||
5 | domestic violence
abusers or any other guidance service | ||||||
6 | the court deems appropriate. The Court may order the | ||||||
7 | respondent in any intimate partner relationship to report | ||||||
8 | to an Illinois Department of Human Services protocol | ||||||
9 | approved partner abuse intervention program for an | ||||||
10 | assessment and to follow all recommended treatment.
| ||||||
11 | (5) Physical care and possession of the minor child. | ||||||
12 | In order to protect
the minor child from abuse, neglect, | ||||||
13 | or unwarranted separation from the person
who has been the | ||||||
14 | minor child's primary caretaker, or to otherwise protect | ||||||
15 | the
well-being of the minor child, the court may do either | ||||||
16 | or both of the
following: (i) grant petitioner physical | ||||||
17 | care or possession of the minor child,
or both, or (ii) | ||||||
18 | order respondent to return a minor child to, or not remove | ||||||
19 | a
minor child from, the physical care of a parent or person | ||||||
20 | in loco parentis.
| ||||||
21 | If a court finds, after a hearing, that respondent has | ||||||
22 | committed abuse
(as defined in Section 103) of a minor | ||||||
23 | child, there shall be a
rebuttable presumption that | ||||||
24 | awarding physical care to respondent would not
be in the | ||||||
25 | minor child's best interest.
| ||||||
26 | (6) Temporary allocation of parental responsibilities: |
| |||||||
| |||||||
1 | significant decision-making. Award temporary | ||||||
2 | decision-making responsibility to petitioner
in accordance | ||||||
3 | with this Section, the Illinois Marriage and Dissolution | ||||||
4 | of
Marriage Act, the Illinois Parentage Act of 2015, and | ||||||
5 | this State's Uniform
Child-Custody Jurisdiction and | ||||||
6 | Enforcement Act.
| ||||||
7 | If a court finds, after a hearing, that respondent has | ||||||
8 | committed abuse (as
defined in Section 103) of a minor | ||||||
9 | child, there shall be a rebuttable
presumption that | ||||||
10 | awarding temporary significant decision-making | ||||||
11 | responsibility to respondent would not be in
the child's | ||||||
12 | best interest.
| ||||||
13 | (7) Parenting time. Determine the parenting time, if | ||||||
14 | any, of respondent in
any case in which the court awards | ||||||
15 | physical care or allocates temporary significant | ||||||
16 | decision-making responsibility of
a minor child to | ||||||
17 | petitioner. The court shall restrict or deny respondent's | ||||||
18 | parenting time
with a minor child if the court finds that | ||||||
19 | respondent has done or is
likely to do any of the | ||||||
20 | following: (i) abuse or endanger the minor child during | ||||||
21 | parenting time; (ii) use the parenting time as an | ||||||
22 | opportunity to abuse or harass
petitioner or petitioner's | ||||||
23 | family or household members; (iii) improperly
conceal or | ||||||
24 | detain the minor child; or (iv) otherwise act in a manner | ||||||
25 | that is
not in the best interests of the minor child. The | ||||||
26 | court shall not be limited
by the standards set forth in |
| |||||||
| |||||||
1 | Section 603.10 of the Illinois Marriage and
Dissolution of | ||||||
2 | Marriage Act. If the court grants parenting time, the | ||||||
3 | order shall
specify dates and times for the parenting time | ||||||
4 | to take place or other specific
parameters or conditions | ||||||
5 | that are appropriate. No order for parenting time shall
| ||||||
6 | refer merely to the term "reasonable parenting time".
| ||||||
7 | Petitioner may deny respondent access to the minor | ||||||
8 | child if, when
respondent arrives for parenting time, | ||||||
9 | respondent is under the influence of drugs
or alcohol and | ||||||
10 | constitutes a threat to the safety and well-being of
| ||||||
11 | petitioner or petitioner's minor children or is behaving | ||||||
12 | in a violent or
abusive manner.
| ||||||
13 | If necessary to protect any member of petitioner's | ||||||
14 | family or
household from future abuse, respondent shall be | ||||||
15 | prohibited from coming to
petitioner's residence to meet | ||||||
16 | the minor child for parenting time, and the
parties shall | ||||||
17 | submit to the court their recommendations for reasonable
| ||||||
18 | alternative arrangements for parenting time. A person may | ||||||
19 | be approved to
supervise parenting time only after filing | ||||||
20 | an affidavit accepting
that responsibility and | ||||||
21 | acknowledging accountability to the court.
| ||||||
22 | (8) Removal or concealment of minor child. Prohibit | ||||||
23 | respondent from
removing a minor child from the State or | ||||||
24 | concealing the child within the State.
| ||||||
25 | (9) Order to appear. Order the respondent to appear in | ||||||
26 | court, alone
or with a minor child, to prevent abuse, |
| |||||||
| |||||||
1 | neglect, removal or concealment of
the child, to return | ||||||
2 | the child to the custody or care of the petitioner or
to | ||||||
3 | permit any court-ordered interview or examination of the | ||||||
4 | child or the
respondent.
| ||||||
5 | (10) Possession of personal property. Grant petitioner | ||||||
6 | exclusive
possession of personal property and, if | ||||||
7 | respondent has possession or
control, direct respondent to | ||||||
8 | promptly make it available to petitioner, if:
| ||||||
9 | (i) petitioner, but not respondent, owns the | ||||||
10 | property; or
| ||||||
11 | (ii) the parties own the property jointly; sharing | ||||||
12 | it would risk
abuse of petitioner by respondent or is | ||||||
13 | impracticable; and the balance of
hardships favors | ||||||
14 | temporary possession by petitioner.
| ||||||
15 | If petitioner's sole claim to ownership of the | ||||||
16 | property is that it is
marital property, the court may | ||||||
17 | award petitioner temporary possession
thereof under the | ||||||
18 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
19 | proper proceeding has been filed under the Illinois | ||||||
20 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
21 | hereafter amended.
| ||||||
22 | No order under this provision shall affect title to | ||||||
23 | property.
| ||||||
24 | (11) Protection of property. Forbid the respondent | ||||||
25 | from taking,
transferring, encumbering, concealing, | ||||||
26 | damaging or otherwise disposing of
any real or personal |
| |||||||
| |||||||
1 | property, except as explicitly authorized by the
court, | ||||||
2 | if:
| ||||||
3 | (i) petitioner, but not respondent, owns the | ||||||
4 | property; or
| ||||||
5 | (ii) the parties own the property jointly,
and the | ||||||
6 | balance of hardships favors granting this remedy.
| ||||||
7 | If petitioner's sole claim to ownership of the | ||||||
8 | property is that it is
marital property, the court may | ||||||
9 | grant petitioner relief under subparagraph
(ii) of this | ||||||
10 | paragraph only if a proper proceeding has been filed under | ||||||
11 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
12 | now or hereafter amended.
| ||||||
13 | The court may further prohibit respondent from | ||||||
14 | improperly using the
financial or other resources of an | ||||||
15 | aged member of the family or household
for the profit or | ||||||
16 | advantage of respondent or of any other person.
| ||||||
17 | (11.5) Protection of animals. Grant the petitioner the | ||||||
18 | exclusive care, custody, or control of any animal owned, | ||||||
19 | possessed, leased, kept, or held by either the petitioner | ||||||
20 | or the respondent or a minor child residing in the | ||||||
21 | residence or household of either the petitioner or the | ||||||
22 | respondent and order the respondent to stay away from the | ||||||
23 | animal and forbid the respondent from taking, | ||||||
24 | transferring, encumbering, concealing, harming, or | ||||||
25 | otherwise disposing of the animal.
| ||||||
26 | (12) Order for payment of support. Order respondent to |
| |||||||
| |||||||
1 | pay temporary
support for the petitioner or any child in | ||||||
2 | the petitioner's care or over whom the petitioner has been | ||||||
3 | allocated parental responsibility, when the respondent has | ||||||
4 | a legal obligation to support that person,
in accordance | ||||||
5 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
6 | Act, which shall govern, among other matters, the amount | ||||||
7 | of
support, payment through the clerk and withholding of | ||||||
8 | income to secure
payment. An order for child support may | ||||||
9 | be granted to a petitioner with
lawful physical care of a | ||||||
10 | child, or an order or agreement for
physical care of a | ||||||
11 | child, prior to entry of an order allocating significant | ||||||
12 | decision-making responsibility.
Such a support order shall | ||||||
13 | expire upon entry of a valid order allocating parental | ||||||
14 | responsibility differently and vacating the petitioner's | ||||||
15 | significant decision-making authority, unless otherwise | ||||||
16 | provided in the order.
| ||||||
17 | (13) Order for payment of losses. Order respondent to | ||||||
18 | pay petitioner for
losses suffered as a direct result of | ||||||
19 | the abuse, neglect, or exploitation.
Such losses shall | ||||||
20 | include, but not be limited to, medical expenses, lost
| ||||||
21 | earnings or other support, repair or replacement of | ||||||
22 | property damaged or taken,
reasonable attorney's fees, | ||||||
23 | court costs and moving or other travel expenses,
including | ||||||
24 | additional reasonable expenses for temporary shelter and | ||||||
25 | restaurant
meals.
| ||||||
26 | (i) Losses affecting family needs. If a party is |
| |||||||
| |||||||
1 | entitled to seek
maintenance, child support or | ||||||
2 | property distribution from the other party
under the | ||||||
3 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
4 | now or
hereafter amended, the court may order | ||||||
5 | respondent to reimburse petitioner's
actual losses, to | ||||||
6 | the extent that such reimbursement would be | ||||||
7 | "appropriate
temporary relief", as authorized by | ||||||
8 | subsection (a)(3) of Section 501 of
that Act.
| ||||||
9 | (ii) Recovery of expenses. In the case of an | ||||||
10 | improper concealment
or removal of a minor child, the | ||||||
11 | court may order respondent to pay the
reasonable | ||||||
12 | expenses incurred or to be incurred in the search for | ||||||
13 | and recovery
of the minor child, including but not | ||||||
14 | limited to legal fees, court costs,
private | ||||||
15 | investigator fees, and travel costs.
| ||||||
16 | (14) Prohibition of entry. Prohibit the respondent | ||||||
17 | from entering or
remaining in the residence or household | ||||||
18 | while the respondent is under the
influence of alcohol or | ||||||
19 | drugs and constitutes a threat to the safety and
| ||||||
20 | well-being of the petitioner or the petitioner's children.
| ||||||
21 | (14.5) Prohibition of firearm possession ; plenary | ||||||
22 | orders .
| ||||||
23 | (a) In the case of a granted plenary order, | ||||||
24 | prohibit Prohibit a respondent against whom an order | ||||||
25 | of protection was issued from possessing any firearms | ||||||
26 | during the duration of the order or 2 years, whichever |
| |||||||
| |||||||
1 | is longer, if the order: | ||||||
2 | (1) was issued after a hearing of which such | ||||||
3 | person received
actual notice, and at which such | ||||||
4 | person had an opportunity to
participate; | ||||||
5 | (2) restrains such person from harassing, | ||||||
6 | stalking, or
threatening an intimate partner of | ||||||
7 | such person or child of such
intimate partner or | ||||||
8 | person, or engaging in other conduct that
would | ||||||
9 | place an intimate partner in reasonable fear of | ||||||
10 | bodily
injury to the partner or child; and | ||||||
11 | (3)(i) includes a finding that such person | ||||||
12 | represents a
credible threat to the physical | ||||||
13 | safety of such intimate partner
or child; or
(ii) | ||||||
14 | by its terms explicitly prohibits the use, | ||||||
15 | attempted
use, or threatened use of physical force | ||||||
16 | against such intimate
partner or child that would | ||||||
17 | reasonably be expected to cause
bodily injury. | ||||||
18 | Any Firearm Owner's Identification Card in the
| ||||||
19 | possession of the respondent, except as provided in | ||||||
20 | subparagraph subsection (b), shall be revoked or | ||||||
21 | suspended consistent with Section 8.2 of the Firearm | ||||||
22 | Owners Identification Act, and the respondent shall be | ||||||
23 | ordered by the court to surrender the card and any | ||||||
24 | firearm in the respondent's possession consistent with | ||||||
25 | Sections 8.2, 8.3, and 9.5 of the Firearm Owners | ||||||
26 | Identification Act. If the card is suspended, the be |
| |||||||
| |||||||
1 | turned
over to the local law enforcement agency. The | ||||||
2 | local law enforcement agency shall immediately mail | ||||||
3 | the card to the Illinois State Police Firearm Owner's | ||||||
4 | Identification Card Office
for safekeeping. The court | ||||||
5 | shall
issue a warrant for seizure of any firearm in the | ||||||
6 | possession of the respondent, to be kept by the local | ||||||
7 | law enforcement agency for safekeeping, except as | ||||||
8 | provided in subsection (b).
The period of surrender | ||||||
9 | safekeeping shall be for the duration of the order of | ||||||
10 | protection. If the card is revoked, the period of | ||||||
11 | surrender shall be for the duration of the order of | ||||||
12 | protection or 2 years, whichever is longer. The | ||||||
13 | Illinois State Police shall make notification to the | ||||||
14 | local law enforcement with jurisdiction of the | ||||||
15 | suspension or revocation. The firearm or firearms and | ||||||
16 | Firearm Owner's Identification Card, if unexpired, | ||||||
17 | shall at the respondent's request, be returned to the | ||||||
18 | respondent at the end
of the order of protection. It is | ||||||
19 | the respondent's responsibility to notify the Illinois | ||||||
20 | State Police Firearm Owner's Identification Card | ||||||
21 | Office.
| ||||||
22 | (b) If the respondent is a peace officer as | ||||||
23 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
24 | the court shall order that any firearms used by the
| ||||||
25 | respondent in the performance of his or her duties as a
| ||||||
26 | peace officer be surrendered to
the chief law |
| |||||||
| |||||||
1 | enforcement executive of the agency in which the | ||||||
2 | respondent is
employed, who shall retain the firearms | ||||||
3 | for surrender safekeeping for the duration of the | ||||||
4 | order of protection or 2 years, whichever is longer .
| ||||||
5 | (c) Upon expiration of the period of surrender | ||||||
6 | safekeeping , if the firearms or Firearm Owner's | ||||||
7 | Identification Card cannot be returned to the | ||||||
8 | respondent because the respondent cannot be located, | ||||||
9 | fails to respond to requests to retrieve the firearms, | ||||||
10 | or is not lawfully eligible to possess a firearm, upon | ||||||
11 | petition from the local law enforcement agency, the | ||||||
12 | court may order the local law enforcement agency to | ||||||
13 | destroy the firearms, use the firearms for training | ||||||
14 | purposes, or for any other application as deemed | ||||||
15 | appropriate by the local law enforcement agency; or | ||||||
16 | that the firearms be turned over to a third party who | ||||||
17 | is lawfully eligible to possess firearms, and who does | ||||||
18 | not reside with the respondent. | ||||||
19 | (d) A respondent who has surrendered a firearm | ||||||
20 | under this paragraph shall not purchase a firearm for | ||||||
21 | the period of surrender. A respondent who has | ||||||
22 | surrendered a firearm under this paragraph shall not | ||||||
23 | possess or have access to any firearm regardless of | ||||||
24 | whether the firearm belongs to another person or if | ||||||
25 | the respondent is residing with another person who | ||||||
26 | owns a firearm and keeps the firearm at the residence. |
| |||||||
| |||||||
1 | (e) Upon expiration of the period of surrender, | ||||||
2 | any surrendered firearm may only be returned to a | ||||||
3 | respondent if a judicial officer has signed an order | ||||||
4 | to release firearms stating that the order of | ||||||
5 | protection is no longer in effect and the period of | ||||||
6 | surrender has expired. | ||||||
7 | (14.6) Prohibition of firearm possession; emergency | ||||||
8 | orders.
| ||||||
9 | (a) Any Firearm Owner's Identification Card in the | ||||||
10 | possession of the respondent, except as provided in | ||||||
11 | subparagraph (b), shall be suspended consistent with | ||||||
12 | Section 8.2 of the Firearm Owners Identification Act, | ||||||
13 | and the respondent shall be ordered by the court to | ||||||
14 | surrender the card and any firearm in the respondent's | ||||||
15 | possession consistent with Sections 8.3 and 9.5 of the | ||||||
16 | Firearm Owners Identification Act. The period of | ||||||
17 | surrender shall be for the duration of the order of | ||||||
18 | protection.
| ||||||
19 | (b) If the respondent is a peace officer as | ||||||
20 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
21 | the court shall order that any firearms used by the
| ||||||
22 | respondent in the performance of his or her duties as a
| ||||||
23 | peace officer be surrendered to
the chief law | ||||||
24 | enforcement executive of the agency in which the | ||||||
25 | respondent is
employed, who shall retain the firearms | ||||||
26 | for surrender for the duration of the order of |
| |||||||
| |||||||
1 | protection.
| ||||||
2 | (c) Upon expiration of the period of surrender, if | ||||||
3 | the firearms or Firearm Owner's Identification Card | ||||||
4 | cannot be returned to respondent because respondent | ||||||
5 | cannot be located, fails to respond to requests to | ||||||
6 | retrieve the firearms, or is not lawfully eligible to | ||||||
7 | possess a firearm, upon petition from the local law | ||||||
8 | enforcement agency, the court may order the local law | ||||||
9 | enforcement agency to destroy the firearms, use the | ||||||
10 | firearms for training purposes, or for any other | ||||||
11 | application as deemed appropriate by the local law | ||||||
12 | enforcement agency; or that the firearms be turned | ||||||
13 | over to a third party who is lawfully eligible to | ||||||
14 | possess firearms, and who does not reside with | ||||||
15 | respondent. | ||||||
16 | (d) A respondent who has surrendered a firearm | ||||||
17 | under this paragraph shall not purchase a firearm for | ||||||
18 | the period of surrender. A respondent who has | ||||||
19 | surrendered a firearm under this paragraph shall not | ||||||
20 | possess or have access to any firearm regardless of | ||||||
21 | whether the firearm belongs to another person or if | ||||||
22 | the respondent is residing with another person who | ||||||
23 | owns a firearm and keeps the firearm at the residence. | ||||||
24 | (e) Upon expiration of the period of surrender, | ||||||
25 | any surrendered firearm may only be returned to a | ||||||
26 | respondent if a judicial officer has signed an order |
| |||||||
| |||||||
1 | to release firearms stating that the order of | ||||||
2 | protection is no longer in effect and the period of | ||||||
3 | surrender has expired. | ||||||
4 | (15) Prohibition of access to records. If an order of | ||||||
5 | protection
prohibits respondent from having contact with | ||||||
6 | the minor child,
or if petitioner's address is omitted | ||||||
7 | under subsection (b) of
Section 203, or if necessary to | ||||||
8 | prevent abuse or wrongful removal or
concealment of a | ||||||
9 | minor child, the order shall deny respondent access to, | ||||||
10 | and
prohibit respondent from inspecting, obtaining, or | ||||||
11 | attempting to
inspect or obtain, school or any other | ||||||
12 | records of the minor child
who is in the care of | ||||||
13 | petitioner.
| ||||||
14 | (16) Order for payment of shelter services. Order | ||||||
15 | respondent to
reimburse a shelter providing temporary | ||||||
16 | housing and counseling services to
the petitioner for the | ||||||
17 | cost of the services, as certified by the shelter
and | ||||||
18 | deemed reasonable by the court.
| ||||||
19 | (17) Order for injunctive relief. Enter injunctive | ||||||
20 | relief necessary
or appropriate to prevent further abuse | ||||||
21 | of a family or household member
or further abuse, neglect, | ||||||
22 | or exploitation of a high-risk adult with
disabilities or | ||||||
23 | to effectuate one of the granted remedies, if supported by | ||||||
24 | the
balance of hardships. If the harm to be prevented by | ||||||
25 | the injunction is abuse
or any other harm that one of the | ||||||
26 | remedies listed in paragraphs (1) through
(16) of this |
| |||||||
| |||||||
1 | subsection is designed to prevent, no further evidence is
| ||||||
2 | necessary that the harm is an irreparable injury.
| ||||||
3 | (18) Telephone services. | ||||||
4 | (A) Unless a condition described in subparagraph | ||||||
5 | (B) of this paragraph exists, the court may, upon | ||||||
6 | request by the petitioner, order a wireless telephone | ||||||
7 | service provider to transfer to the petitioner the | ||||||
8 | right to continue to use a telephone number or numbers | ||||||
9 | indicated by the petitioner and the financial | ||||||
10 | responsibility associated with the number or numbers, | ||||||
11 | as set forth in subparagraph (C) of this paragraph. | ||||||
12 | For purposes of this paragraph (18), the term | ||||||
13 | "wireless telephone service provider" means a provider | ||||||
14 | of commercial mobile service as defined in 47 U.S.C. | ||||||
15 | 332. The petitioner may request the transfer of each | ||||||
16 | telephone number that the petitioner, or a minor child | ||||||
17 | in his or her custody, uses. The clerk of the court | ||||||
18 | shall serve the order on the wireless telephone | ||||||
19 | service provider's agent for service of process | ||||||
20 | provided to the Illinois Commerce Commission. The | ||||||
21 | order shall contain all of the following: | ||||||
22 | (i) The name and billing telephone number of | ||||||
23 | the account holder including the name of the | ||||||
24 | wireless telephone service provider that serves | ||||||
25 | the account. | ||||||
26 | (ii) Each telephone number that will be |
| |||||||
| |||||||
1 | transferred. | ||||||
2 | (iii) A statement that the provider transfers | ||||||
3 | to the petitioner all financial responsibility for | ||||||
4 | and right to the use of any telephone number | ||||||
5 | transferred under this paragraph. | ||||||
6 | (B) A wireless telephone service provider shall | ||||||
7 | terminate the respondent's use of, and shall transfer | ||||||
8 | to the petitioner use of, the telephone number or | ||||||
9 | numbers indicated in subparagraph (A) of this | ||||||
10 | paragraph unless it notifies the petitioner, within 72 | ||||||
11 | hours after it receives the order, that one of the | ||||||
12 | following applies: | ||||||
13 | (i) The account holder named in the order has | ||||||
14 | terminated the account. | ||||||
15 | (ii) A difference in network technology would | ||||||
16 | prevent or impair the functionality of a device on | ||||||
17 | a network if the transfer occurs. | ||||||
18 | (iii) The transfer would cause a geographic or | ||||||
19 | other limitation on network or service provision | ||||||
20 | to the petitioner. | ||||||
21 | (iv) Another technological or operational | ||||||
22 | issue would prevent or impair the use of the | ||||||
23 | telephone number if the transfer occurs. | ||||||
24 | (C) The petitioner assumes all financial | ||||||
25 | responsibility for and right to the use of any | ||||||
26 | telephone number transferred under this paragraph. In |
| |||||||
| |||||||
1 | this paragraph, "financial responsibility" includes | ||||||
2 | monthly service costs and costs associated with any | ||||||
3 | mobile device associated with the number. | ||||||
4 | (D) A wireless telephone service provider may | ||||||
5 | apply to the petitioner its routine and customary | ||||||
6 | requirements for establishing an account or | ||||||
7 | transferring a number, including requiring the | ||||||
8 | petitioner to provide proof of identification, | ||||||
9 | financial information, and customer preferences.
| ||||||
10 | (E) Except for willful or wanton misconduct, a | ||||||
11 | wireless telephone service provider is immune from | ||||||
12 | civil liability for its actions taken in compliance | ||||||
13 | with a court order issued under this paragraph. | ||||||
14 | (F) All wireless service providers that provide | ||||||
15 | services to residential customers shall provide to the | ||||||
16 | Illinois Commerce Commission the name and address of | ||||||
17 | an agent for service of orders entered under this | ||||||
18 | paragraph (18). Any change in status of the registered | ||||||
19 | agent must be reported to the Illinois Commerce | ||||||
20 | Commission within 30 days of such change. | ||||||
21 | (G) The Illinois Commerce Commission shall | ||||||
22 | maintain the list of registered agents for service for | ||||||
23 | each wireless telephone service provider on the | ||||||
24 | Commission's website. The Commission may consult with | ||||||
25 | wireless telephone service providers and the Circuit | ||||||
26 | Court Clerks on the manner in which this information |
| |||||||
| |||||||
1 | is provided and displayed. | ||||||
2 | (c) Relevant factors; findings.
| ||||||
3 | (1) In determining whether to grant a specific remedy, | ||||||
4 | other than
payment of support, the court shall consider
| ||||||
5 | relevant factors, including but not limited to the | ||||||
6 | following:
| ||||||
7 | (i) the nature, frequency, severity, pattern and | ||||||
8 | consequences of the
respondent's past abuse, neglect | ||||||
9 | or exploitation of the petitioner or
any family or | ||||||
10 | household member, including the concealment of his or | ||||||
11 | her
location in order to evade service of process or | ||||||
12 | notice, and the likelihood of
danger of future abuse, | ||||||
13 | neglect, or exploitation to petitioner or any member | ||||||
14 | of
petitioner's or respondent's family or household; | ||||||
15 | and
| ||||||
16 | (ii) the danger that any minor child will be | ||||||
17 | abused or neglected or
improperly relocated from the | ||||||
18 | jurisdiction, improperly concealed within the
State or | ||||||
19 | improperly separated from the child's primary | ||||||
20 | caretaker.
| ||||||
21 | (2) In comparing relative hardships resulting to the | ||||||
22 | parties from loss
of possession of the family home, the | ||||||
23 | court shall consider relevant
factors, including but not | ||||||
24 | limited to the following:
| ||||||
25 | (i) availability, accessibility, cost, safety, | ||||||
26 | adequacy, location and
other characteristics of |
| |||||||
| |||||||
1 | alternate housing for each party and any minor child
| ||||||
2 | or dependent adult in the party's care;
| ||||||
3 | (ii) the effect on the party's employment; and
| ||||||
4 | (iii) the effect on the relationship of the party, | ||||||
5 | and any minor
child or dependent adult in the party's | ||||||
6 | care, to family, school, church
and community.
| ||||||
7 | (3) Subject to the exceptions set forth in paragraph | ||||||
8 | (4) of this
subsection, the court shall make its findings | ||||||
9 | in an official record or in
writing, and shall at a minimum | ||||||
10 | set forth the following:
| ||||||
11 | (i) That the court has considered the applicable | ||||||
12 | relevant factors
described in paragraphs (1) and (2) | ||||||
13 | of this subsection.
| ||||||
14 | (ii) Whether the conduct or actions of respondent, | ||||||
15 | unless
prohibited, will likely cause irreparable harm | ||||||
16 | or continued abuse.
| ||||||
17 | (iii) Whether it is necessary to grant the | ||||||
18 | requested relief in order
to protect petitioner or | ||||||
19 | other alleged abused persons.
| ||||||
20 | (4) For purposes of issuing an ex parte emergency | ||||||
21 | order of protection,
the court, as an alternative to or as | ||||||
22 | a supplement to making the findings
described in | ||||||
23 | paragraphs (c)(3)(i) through (c)(3)(iii) of this | ||||||
24 | subsection, may
use the following procedure:
| ||||||
25 | When a verified petition for an emergency order of | ||||||
26 | protection in
accordance with the requirements of Sections |
| |||||||
| |||||||
1 | 203 and 217 is
presented to the court, the court shall | ||||||
2 | examine petitioner on oath or
affirmation. An emergency | ||||||
3 | order of protection shall be issued by the court
if it | ||||||
4 | appears from the contents of the petition and the | ||||||
5 | examination of
petitioner that the averments are | ||||||
6 | sufficient to indicate abuse by
respondent and to support | ||||||
7 | the granting of relief under the issuance of the
emergency | ||||||
8 | order of protection.
| ||||||
9 | (5) Never married parties. No rights or | ||||||
10 | responsibilities for a minor
child born outside of | ||||||
11 | marriage attach to a putative father until a father and
| ||||||
12 | child relationship has been established under the Illinois | ||||||
13 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
14 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
15 | Records Act, the
Juvenile Court Act of 1987, the Probate | ||||||
16 | Act of 1975, the Revised Uniform
Reciprocal Enforcement of | ||||||
17 | Support Act, the Uniform Interstate Family Support
Act, | ||||||
18 | the Expedited Child Support Act of 1990, any judicial, | ||||||
19 | administrative, or
other act of another state or | ||||||
20 | territory, any other Illinois statute, or by any
foreign | ||||||
21 | nation establishing the father and child relationship, any | ||||||
22 | other
proceeding substantially in conformity with the | ||||||
23 | Personal Responsibility and
Work Opportunity | ||||||
24 | Reconciliation Act of 1996 (Pub. L. 104-193), or where | ||||||
25 | both
parties appeared in open court or at an | ||||||
26 | administrative hearing acknowledging
under
oath or |
| |||||||
| |||||||
1 | admitting by affirmation the existence of a father and | ||||||
2 | child
relationship.
Absent such an adjudication, finding, | ||||||
3 | or acknowledgment, no putative
father shall be granted
| ||||||
4 | temporary allocation of parental responsibilities, | ||||||
5 | including parenting time with the minor child, or
physical | ||||||
6 | care and possession of the minor child, nor shall an order | ||||||
7 | of payment
for support of the minor child be entered.
| ||||||
8 | (d) Balance of hardships; findings. If the court finds | ||||||
9 | that the balance
of hardships does not support the granting of | ||||||
10 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of | ||||||
11 | subsection (b) of this Section,
which may require such | ||||||
12 | balancing, the court's findings shall so
indicate and shall | ||||||
13 | include a finding as to whether granting the remedy will
| ||||||
14 | result in hardship to respondent that would substantially | ||||||
15 | outweigh the hardship
to petitioner from denial of the remedy. | ||||||
16 | The findings shall be an official
record or in writing.
| ||||||
17 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
18 | based, in
whole or in part, on evidence that:
| ||||||
19 | (1) Respondent has cause for any use of force, unless | ||||||
20 | that cause
satisfies the standards for justifiable use of | ||||||
21 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
22 | (2) Respondent was voluntarily intoxicated;
| ||||||
23 | (3) Petitioner acted in self-defense or defense of | ||||||
24 | another, provided
that, if petitioner utilized force, such | ||||||
25 | force was justifiable under
Article 7 of the Criminal Code | ||||||
26 | of 2012;
|
| |||||||
| |||||||
1 | (4) Petitioner did not act in self-defense or defense | ||||||
2 | of another;
| ||||||
3 | (5) Petitioner left the residence or household to | ||||||
4 | avoid further abuse,
neglect, or exploitation by | ||||||
5 | respondent;
| ||||||
6 | (6) Petitioner did not leave the residence or | ||||||
7 | household to avoid further
abuse, neglect, or exploitation | ||||||
8 | by respondent;
| ||||||
9 | (7) Conduct by any family or household member excused | ||||||
10 | the abuse,
neglect, or exploitation by respondent, unless | ||||||
11 | that same conduct would have
excused such abuse, neglect, | ||||||
12 | or exploitation if the parties had not been
family or | ||||||
13 | household members.
| ||||||
14 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
15 | (750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| ||||||
16 | Sec. 217. Emergency order of protection.
| ||||||
17 | (a) Prerequisites. An emergency order of protection shall | ||||||
18 | issue if
petitioner satisfies the requirements of this | ||||||
19 | subsection for one or more of the
requested remedies. For each | ||||||
20 | remedy requested, the petitioner shall establish
that:
| ||||||
21 | (1) The court has jurisdiction under Section 208;
| ||||||
22 | (2) The requirements of Section 214 are satisfied; and
| ||||||
23 | (3) There is good cause to grant the remedy, | ||||||
24 | regardless of prior service
of process or of notice upon | ||||||
25 | the respondent, because:
|
| |||||||
| |||||||
1 | (i) For
the remedies of "prohibition of abuse" | ||||||
2 | described in
Section 214(b)(1), "stay away order and | ||||||
3 | additional prohibitions" described in
Section
| ||||||
4 | 214(b)(3), "removal or concealment of minor child" | ||||||
5 | described in Section
214(b)(8), "order to appear" | ||||||
6 | described in Section 214(b)(9), "physical
care and | ||||||
7 | possession of the minor child" described in Section | ||||||
8 | 214(b)(5),
"protection of property" described in | ||||||
9 | Section 214(b)(11), "prohibition
of entry" described | ||||||
10 | in Section 214(b)(14), "prohibition of firearm | ||||||
11 | possession" described in Section 214(b)(14.6) | ||||||
12 | 214(b)(14.5) , "prohibition of access to
records" | ||||||
13 | described in Section 214(b)(15), and "injunctive | ||||||
14 | relief"
described in Section 214(b)(16), the harm | ||||||
15 | which that remedy
is intended to prevent would be | ||||||
16 | likely to occur if the respondent were given
any prior | ||||||
17 | notice, or greater notice than was actually given, of | ||||||
18 | the
petitioner's efforts to obtain judicial relief;
| ||||||
19 | (ii) For the remedy of "grant of exclusive | ||||||
20 | possession of
residence" described in Section | ||||||
21 | 214(b)(2), the immediate danger of further
abuse of | ||||||
22 | the petitioner by the respondent,
if the petitioner | ||||||
23 | chooses or had chosen to remain in the residence or | ||||||
24 | household
while the respondent was given any prior | ||||||
25 | notice or greater notice than was
actually given of | ||||||
26 | the petitioner's efforts to obtain judicial relief,
|
| |||||||
| |||||||
1 | outweighs the hardships to the respondent of an | ||||||
2 | emergency order
granting the petitioner exclusive | ||||||
3 | possession of the residence or household.
This remedy | ||||||
4 | shall not be denied because the petitioner has or | ||||||
5 | could obtain
temporary shelter elsewhere while prior | ||||||
6 | notice is given to the respondent, unless
the
| ||||||
7 | hardships to respondent from exclusion from the home | ||||||
8 | substantially outweigh
those to the petitioner;
| ||||||
9 | (iii) For the remedy of "possession of personal | ||||||
10 | property"
described in
Section 214(b)(10), improper | ||||||
11 | disposition of the personal
property would be likely
| ||||||
12 | to occur if the respondent were given any prior | ||||||
13 | notice, or greater notice than
was actually given, of | ||||||
14 | the petitioner's efforts to obtain judicial relief, or | ||||||
15 | the
petitioner has an immediate and pressing need for | ||||||
16 | possession of that property.
| ||||||
17 | An emergency order may not include the counseling, legal | ||||||
18 | custody, payment
of support , or monetary compensation | ||||||
19 | remedies.
| ||||||
20 | (a-5) When a petition for an emergency order of protection | ||||||
21 | is granted, the order and file shall not be public and shall | ||||||
22 | only be accessible to the court, the petitioner, law | ||||||
23 | enforcement, a domestic violence advocate or counselor, the | ||||||
24 | counsel of record for either party, and the State's Attorney | ||||||
25 | for the county until the order is served on the respondent. | ||||||
26 | (b) Appearance by respondent.
If the respondent appears in |
| |||||||
| |||||||
1 | court for this hearing for an emergency order,
he or she may | ||||||
2 | elect to file a general appearance and testify.
Any resulting | ||||||
3 | order may be an emergency order, governed
by this Section.
| ||||||
4 | Notwithstanding the requirements of this Section, if all | ||||||
5 | requirements of
Section 218 have been met, the court may issue | ||||||
6 | a 30-day interim order.
| ||||||
7 | (c) Emergency orders: court holidays and evenings.
| ||||||
8 | (1) Prerequisites. When the court is unavailable at | ||||||
9 | the close of
business, the petitioner may file a petition | ||||||
10 | for a 21-day emergency order
before any available circuit | ||||||
11 | judge or associate judge who may grant relief
under this | ||||||
12 | Act. If the judge finds that there is an immediate and | ||||||
13 | present
danger of abuse to the petitioner and that the | ||||||
14 | petitioner has satisfied the
prerequisites set forth in | ||||||
15 | subsection (a) of Section 217, that judge may
issue an | ||||||
16 | emergency order of protection.
| ||||||
17 | (1.5) Issuance of order. The chief judge of the | ||||||
18 | circuit court
may designate for each county in the circuit | ||||||
19 | at least one judge to be
reasonably available to
issue | ||||||
20 | orally, by telephone, by facsimile, or otherwise, an | ||||||
21 | emergency
order of protection at all times, whether or not | ||||||
22 | the court is in session.
| ||||||
23 | (2) Certification and transfer. The judge who issued | ||||||
24 | the order under this Section shall promptly communicate or | ||||||
25 | convey the order to the sheriff to facilitate the entry of | ||||||
26 | the order into the Law Enforcement Agencies Data System by |
| |||||||
| |||||||
1 | the Illinois State Police pursuant to Section 302. Any | ||||||
2 | order issued under this Section and
any documentation in | ||||||
3 | support thereof shall be certified on the next court
day | ||||||
4 | to the appropriate court. The clerk of that court shall | ||||||
5 | immediately
assign a case number, file the petition, order | ||||||
6 | and other documents with the
court, and enter the order of | ||||||
7 | record and file it with the sheriff for
service, in | ||||||
8 | accordance with Section 222. Filing the petition
shall | ||||||
9 | commence proceedings for further relief under Section 202.
| ||||||
10 | Failure to comply with the requirements of this subsection | ||||||
11 | shall not
affect the validity of the order.
| ||||||
12 | (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
13 | 102-831, eff. 5-13-22; revised 7-29-22.)
| ||||||
14 | (750 ILCS 60/223) (from Ch. 40, par. 2312-23)
| ||||||
15 | Sec. 223. Enforcement of orders of protection.
| ||||||
16 | (a) When violation is crime. A violation of any order of | ||||||
17 | protection,
whether issued in a civil or criminal proceeding | ||||||
18 | or by a military tribunal, shall be enforced
by a
criminal | ||||||
19 | court when:
| ||||||
20 | (1) The respondent commits the crime of violation of | ||||||
21 | an order of
protection pursuant to Section 12-3.4 or 12-30 | ||||||
22 | of the Criminal Code of
1961 or the Criminal Code of 2012, | ||||||
23 | by
having knowingly violated:
| ||||||
24 | (i) remedies described in paragraphs (1), (2), | ||||||
25 | (3), (14),
or (14.5) , or (14.6) of
subsection (b) of |
| |||||||
| |||||||
1 | Section 214 of this Act; or
| ||||||
2 | (ii) a remedy, which is substantially similar to | ||||||
3 | the remedies
authorized under paragraphs (1), (2), | ||||||
4 | (3), (14), and (14.5) , and (14.6) of subsection (b)
of | ||||||
5 | Section 214 of this Act, in a valid order of protection | ||||||
6 | which is authorized
under the laws of another state, | ||||||
7 | tribe, or United States territory; or
| ||||||
8 | (iii) any other remedy when the act
constitutes a | ||||||
9 | crime against the protected parties as defined by the
| ||||||
10 | Criminal Code of 1961 or the Criminal Code of 2012.
| ||||||
11 | Prosecution for a violation of an order of
protection | ||||||
12 | shall not bar concurrent prosecution for any other crime,
| ||||||
13 | including any crime that may have been committed at the | ||||||
14 | time of the
violation of the order of protection; or
| ||||||
15 | (2) The respondent commits the crime of child | ||||||
16 | abduction pursuant
to Section 10-5 of the Criminal Code of | ||||||
17 | 1961 or the Criminal Code of 2012, by having knowingly | ||||||
18 | violated:
| ||||||
19 | (i) remedies described in paragraphs (5), (6) or | ||||||
20 | (8) of subsection
(b) of
Section 214 of this Act; or
| ||||||
21 | (ii) a remedy, which is substantially similar to | ||||||
22 | the remedies
authorized under paragraphs (5), (6), or | ||||||
23 | (8) of subsection (b) of Section 214
of this Act, in a | ||||||
24 | valid order of protection which is authorized under | ||||||
25 | the laws
of another state, tribe, or United States | ||||||
26 | territory.
|
| |||||||
| |||||||
1 | (b) When violation is contempt of court. A violation of | ||||||
2 | any valid
Illinois order of protection, whether issued in a | ||||||
3 | civil or criminal
proceeding or by a military tribunal, may be | ||||||
4 | enforced through civil or criminal contempt procedures,
as | ||||||
5 | appropriate, by any court with jurisdiction, regardless where | ||||||
6 | the act or
acts which violated the order of protection were | ||||||
7 | committed, to the extent
consistent with the venue provisions | ||||||
8 | of this Act. Nothing in this Act
shall preclude any Illinois | ||||||
9 | court from enforcing any valid order of
protection issued in | ||||||
10 | another state. Illinois courts may enforce orders of
| ||||||
11 | protection through both criminal prosecution and contempt | ||||||
12 | proceedings,
unless the action which is second in time is | ||||||
13 | barred by collateral estoppel
or the constitutional | ||||||
14 | prohibition against double jeopardy.
| ||||||
15 | (1) In a contempt proceeding where the petition for a | ||||||
16 | rule to show
cause sets forth facts evidencing an | ||||||
17 | immediate danger that the
respondent will flee the | ||||||
18 | jurisdiction, conceal a child, or inflict physical
abuse | ||||||
19 | on the petitioner or minor children or on dependent adults | ||||||
20 | in
petitioner's care, the court may order the
attachment | ||||||
21 | of the respondent without prior service of the rule to | ||||||
22 | show
cause or the petition for a rule to show cause. | ||||||
23 | Conditions of release shall be set unless
specifically | ||||||
24 | denied in writing.
| ||||||
25 | (2) A petition for a rule to show cause for violation | ||||||
26 | of an order of
protection shall be treated as an expedited |
| |||||||
| |||||||
1 | proceeding.
| ||||||
2 | (b-1) The court shall not hold a school district or | ||||||
3 | private or non-public school or any of its employees in civil | ||||||
4 | or criminal contempt unless the school district or private or | ||||||
5 | non-public school has been allowed to intervene. | ||||||
6 | (b-2) The court may hold the parents, guardian, or legal | ||||||
7 | custodian of a minor respondent in civil or criminal contempt | ||||||
8 | for a violation of any provision of any order entered under | ||||||
9 | this Act for conduct of the minor respondent in violation of | ||||||
10 | this Act if the
parents, guardian, or legal custodian | ||||||
11 | directed, encouraged, or assisted the respondent minor in such | ||||||
12 | conduct. | ||||||
13 | (c) Violation of custody or support orders or temporary or | ||||||
14 | final judgments allocating parental responsibilities. A | ||||||
15 | violation of remedies
described in paragraphs (5), (6), (8), | ||||||
16 | or (9) of subsection (b) of Section
214 of this Act may be | ||||||
17 | enforced by any remedy provided by Section 607.5 of
the | ||||||
18 | Illinois Marriage and Dissolution of Marriage Act. The court | ||||||
19 | may
enforce any order for support issued under paragraph (12) | ||||||
20 | of subsection (b)
of Section 214 in the manner provided for | ||||||
21 | under Parts V and VII of the
Illinois Marriage and Dissolution | ||||||
22 | of Marriage Act.
| ||||||
23 | (d) Actual knowledge. An order of protection may be | ||||||
24 | enforced pursuant to
this Section if the respondent violates | ||||||
25 | the order after the
respondent has
actual knowledge of its | ||||||
26 | contents as shown through one of the following means:
|
| |||||||
| |||||||
1 | (1) By service, delivery, or notice under Section 210.
| ||||||
2 | (2) By notice under Section 210.1 or 211.
| ||||||
3 | (3) By service of an order of protection under Section | ||||||
4 | 222.
| ||||||
5 | (4) By other means demonstrating actual knowledge of | ||||||
6 | the contents of the
order.
| ||||||
7 | (e) The enforcement of an order of protection in civil or | ||||||
8 | criminal court
shall not be affected by either of the | ||||||
9 | following:
| ||||||
10 | (1) The existence of a separate, correlative order, | ||||||
11 | entered under Section
215.
| ||||||
12 | (2) Any finding or order entered in a conjoined | ||||||
13 | criminal proceeding.
| ||||||
14 | (f) Circumstances. The court, when determining whether or | ||||||
15 | not a
violation of an order of protection has occurred, shall | ||||||
16 | not require
physical manifestations of abuse on the person of | ||||||
17 | the victim.
| ||||||
18 | (g) Penalties.
| ||||||
19 | (1) Except as provided in paragraph (3) of this
| ||||||
20 | subsection, where the court finds the commission of a | ||||||
21 | crime or contempt of
court under subsections (a) or (b) of | ||||||
22 | this Section, the penalty shall be
the penalty that | ||||||
23 | generally applies in such criminal or contempt
| ||||||
24 | proceedings, and may include one or more of the following: | ||||||
25 | incarceration,
payment of restitution, a fine, payment of | ||||||
26 | attorneys' fees and costs, or
community service.
|
| |||||||
| |||||||
1 | (2) The court shall hear and take into account | ||||||
2 | evidence of any factors
in aggravation or mitigation | ||||||
3 | before deciding an appropriate penalty under
paragraph (1) | ||||||
4 | of this subsection.
| ||||||
5 | (3) To the extent permitted by law, the court is | ||||||
6 | encouraged to:
| ||||||
7 | (i) increase the penalty for the knowing violation | ||||||
8 | of
any order of protection over any penalty previously | ||||||
9 | imposed by any court
for respondent's violation of any | ||||||
10 | order of protection or penal statute
involving | ||||||
11 | petitioner as victim and respondent as defendant;
| ||||||
12 | (ii) impose a minimum penalty of 24 hours | ||||||
13 | imprisonment for respondent's
first violation of any | ||||||
14 | order of protection; and
| ||||||
15 | (iii) impose a minimum penalty of 48 hours | ||||||
16 | imprisonment for
respondent's second or subsequent | ||||||
17 | violation of an order of protection
| ||||||
18 | unless the court explicitly finds that an increased | ||||||
19 | penalty or that
period of imprisonment would be manifestly | ||||||
20 | unjust.
| ||||||
21 | (4) In addition to any other penalties imposed for a | ||||||
22 | violation of an
order of protection, a criminal court may | ||||||
23 | consider evidence of any
violations of an order of | ||||||
24 | protection:
| ||||||
25 | (i) to increase, revoke or modify the conditions | ||||||
26 | of pretrial release on an underlying
criminal charge |
| |||||||
| |||||||
1 | pursuant to Section 110-6 of the Code of Criminal | ||||||
2 | Procedure
of 1963;
| ||||||
3 | (ii) to revoke or modify an order of probation, | ||||||
4 | conditional discharge or
supervision, pursuant to | ||||||
5 | Section 5-6-4 of the Unified Code of Corrections;
| ||||||
6 | (iii) to revoke or modify a sentence of periodic | ||||||
7 | imprisonment,
pursuant to Section 5-7-2 of the Unified | ||||||
8 | Code of Corrections.
| ||||||
9 | (5) In addition to any other penalties, the court | ||||||
10 | shall impose an
additional fine of $20 as authorized by | ||||||
11 | Section 5-9-1.11 of the Unified Code of
Corrections upon | ||||||
12 | any person convicted of or placed on supervision for a
| ||||||
13 | violation of an order of protection.
The additional fine | ||||||
14 | shall be imposed for each violation of this Section.
| ||||||
15 | (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22 .)
| ||||||
16 | Article 3. | ||||||
17 | Section 3-5. The Criminal Code of 2012 is amended by | ||||||
18 | changing Sections 24-2 and 24-4 and by adding Sections | ||||||
19 | 24-0.05, 24-1.11, 24-1.12, 24-1.13, and 24-1.14 as follows: | ||||||
20 | (720 ILCS 5/24-0.05 new) | ||||||
21 | Sec. 24-0.05. Definitions. In this Article: | ||||||
22 | "Handgun ammunition" means ammunition principally for use | ||||||
23 | in pistols, revolvers, and other firearms capable of being |
| |||||||
| |||||||
1 | concealed upon the person, notwithstanding that the ammunition | ||||||
2 | may also be used in some rifles. | ||||||
3 | "Manufacturer", "ammunition
manufacturer", or "registered | ||||||
4 | handgun ammunition
manufacturer" means any person that
| ||||||
5 | manufactures handgun ammunition
within this State or | ||||||
6 | manufactures handgun ammunition with the intent
to distribute | ||||||
7 | that ammunition for purposes, within this State, of
sale, | ||||||
8 | loan, or transfer. | ||||||
9 | "Pistol", "revolver", and "firearm capable of being | ||||||
10 | concealed upon the person" applies to and includes any device | ||||||
11 | designed to be used as a weapon, from which is expelled a | ||||||
12 | projectile by the force of any explosion, or other form of | ||||||
13 | combustion, and that has a barrel less than 16 inches in | ||||||
14 | length. These terms also include any device that has a barrel | ||||||
15 | 16 inches or more in length which is designed to be | ||||||
16 | interchanged with a barrel less than 16 inches in length. | ||||||
17 | "Public place" means an
area open to the public and | ||||||
18 | includes, but is not limited to, streets, sidewalks, bridges,
| ||||||
19 | alleys, plazas, parks, driveways, front yards, parking lots,
| ||||||
20 | including motor vehicles in these areas, whether moving or | ||||||
21 | not, and buildings open to the general
public, including those | ||||||
22 | that serve food or drink, or provide
entertainment, and the | ||||||
23 | doorways and entrances to buildings or
dwellings. | ||||||
24 | "Retail mercantile establishment" has the meaning ascribed | ||||||
25 | to it in Section 16-0.1 of this Code. | ||||||
26 | "Serialized" means: |
| |||||||
| |||||||
1 | (1) the handgun ammunition has been identified in a | ||||||
2 | manner prescribed by
the Illinois State Police so that all | ||||||
3 | assembled handgun ammunition contained
within a package | ||||||
4 | provided for retail sale, or as otherwise specified
by the | ||||||
5 | Illinois State Police, is uniquely identified; | ||||||
6 | (2) bullets used for reloading or handloading | ||||||
7 | contained within a
package provided for retail sale, or as | ||||||
8 | otherwise specified by the
Illinois State Police, are | ||||||
9 | uniquely identified; | ||||||
10 | (3) identification of the manufacturer of the items | ||||||
11 | described in
subdivisions (1) and (2) of this definition; | ||||||
12 | (4) identification on the exterior of the items | ||||||
13 | described in
subdivisions (1) and (2) of this definition | ||||||
14 | in a manner that permits visual inspection for
the purpose | ||||||
15 | of determining if the assembled handgun ammunition or | ||||||
16 | bullet
is serialized; | ||||||
17 | (5) identification on the exterior of the items | ||||||
18 | described in
subdivisions (1) and (2) of this definition | ||||||
19 | in a manner that is maintained subsequent to
the discharge | ||||||
20 | of the handgun ammunition and subsequent to the impact of | ||||||
21 | the
bullet, based on standards prescribed by the Illinois | ||||||
22 | State Police; and | ||||||
23 | (6) identification on the exterior of every package or | ||||||
24 | container
of serialized handgun ammunition, as prescribed | ||||||
25 | by the Illinois State Police, with the
same unique | ||||||
26 | identifiers used on the assembled handgun ammunition or |
| |||||||
| |||||||
1 | bullets
contained within the packaging or container. A | ||||||
2 | package or container
shall not be labeled with the same | ||||||
3 | unique identifiers as any other
package or container by | ||||||
4 | the same manufacturer. | ||||||
5 | "Serialized handgun
ammunition" means any of the | ||||||
6 | following, which are subject to
serialization under this | ||||||
7 | Article: | ||||||
8 | (1) handgun ammunition; | ||||||
9 | (2) .22 caliber rimfire ammunition; | ||||||
10 | (3) assembled handgun ammunition packaged for retail | ||||||
11 | sale; or | ||||||
12 | (4) bullets used for reloading or handloading handgun | ||||||
13 | ammunition
that are packaged for retail sale. | ||||||
14 | "Serialized handgun ammunition" does not include blank
| ||||||
15 | cartridges, shot-shells, or projectiles used in black powder
| ||||||
16 | handguns. | ||||||
17 | (720 ILCS 5/24-1.11 new) | ||||||
18 | Sec. 24-1.11. Serialization of handgun ammunition. | ||||||
19 | (a) The Illinois State Police shall enforce the | ||||||
20 | requirements of
the handgun serialization program and other | ||||||
21 | provisions of Sections 24-1.11 through 24-1.14 of this
Code. | ||||||
22 | The Illinois State Police may prescribe the manner
in which | ||||||
23 | handgun ammunition is serialized in order to comply with | ||||||
24 | Section 24-1.12 of this Code, including, but not limited to,
| ||||||
25 | determining how handgun ammunition that is loose, packaged, in |
| |||||||
| |||||||
1 | lots, series,
or otherwise aggregated for purposes of | ||||||
2 | manufacture or sale shall be
serialized with a unique | ||||||
3 | identifier, under Section 24-1.12.
The Illinois State Police | ||||||
4 | shall adopt rules implementing this Section no
later than | ||||||
5 | January 1, 2024. | ||||||
6 | (b) The Illinois State Police may: | ||||||
7 | (1) adopt rules relating to the assessment and | ||||||
8 | collection of
end-user fees in an amount not to exceed | ||||||
9 | $0.005 per round of handgun ammunition or per bullet, in | ||||||
10 | which the accumulated
fee amount may not exceed the cost | ||||||
11 | to pay for the infrastructure,
implementation, | ||||||
12 | operational, enforcement, and future development
costs of | ||||||
13 | Sections 24-1.11 through 24-1.14; | ||||||
14 | (2) adopt rules relating to the implementation and
| ||||||
15 | furtherance of a retail handgun ammunition vendor's | ||||||
16 | registry and the
assessment and collection of fees | ||||||
17 | associated with the registration
program in an amount not | ||||||
18 | to exceed $50 per year per
retail location, adjusted | ||||||
19 | annually for inflation based upon the
Consumer Price Index | ||||||
20 | for the North Central Region as published by the United | ||||||
21 | States Department of Labor, Bureau of Labor Statistics for | ||||||
22 | the immediately preceding calendar year, in which the | ||||||
23 | accumulated fee amount may not
exceed the cost to pay for | ||||||
24 | the infrastructure, implementation,
operational, | ||||||
25 | enforcement, and future development costs of Sections | ||||||
26 | 24-1.11 through 24-1.14; or |
| |||||||
| |||||||
1 | (3) adopt or amend rules relating to this Section in | ||||||
2 | an
effort to incorporate new technologies as they become | ||||||
3 | available. | ||||||
4 | (720 ILCS 5/24-1.12 new) | ||||||
5 | Sec. 24-1.12. Unlawful manufacture, sale, or transfer of | ||||||
6 | non-serialized handgun ammunition; unlawful possession of | ||||||
7 | non-serialized handgun ammunition; penalties. | ||||||
8 | (a) Beginning January 1, 2024, and except as provided in | ||||||
9 | subsection
(g-15) of Section 24-2, a person commits unlawful | ||||||
10 | manufacture, sale, or transfer of non-serialized handgun | ||||||
11 | ammunition when he or she knowingly manufactures, causes to be | ||||||
12 | manufactured, imports
into this State for sale or personal | ||||||
13 | use, keeps for sale, offers or
exposes for sale, or gives or | ||||||
14 | lends any handgun ammunition that
is not serialized. A | ||||||
15 | violation of this subsection (a) is a Class A misdemeanor. | ||||||
16 | (b) Beginning January 1, 2024, and except as provided in | ||||||
17 | subsection
(g-15) of Section 24-2, a person commits unlawful | ||||||
18 | possession of non-serialized handgun ammunition when he or she | ||||||
19 | knowingly possesses in any public place any handgun
ammunition | ||||||
20 | that is not serialized. A violation of this subsection is a | ||||||
21 | Class C misdemeanor. | ||||||
22 | (c) Beginning January 1, 2024, and except as provided in | ||||||
23 | subsection
(g-15) of Section 24-2, a person commits unlawful | ||||||
24 | possession of non-serialized handgun ammunition when he or she | ||||||
25 | knowingly possesses non-serialized ammunition for a rifle |
| |||||||
| |||||||
1 | having one or more barrels less
than 16 inches in length or a | ||||||
2 | shotgun having one or more barrels less than 18 inches in | ||||||
3 | length or any weapon made from a rifle or shotgun, whether by | ||||||
4 | alteration, modification, or otherwise, if the weapon as | ||||||
5 | modified has an overall length of less than 26 inches. A | ||||||
6 | violation of this subsection is a Class C misdemeanor. | ||||||
7 | (d) For purposes of Sections 24-1.11 through 24-1.14, the | ||||||
8 | possession of each round of non-serialized handgun ammunition | ||||||
9 | or bullets
constitutes a separate and distinct offense. | ||||||
10 | (720 ILCS 5/24-1.13 new) | ||||||
11 | Sec. 24-1.13. Unlawful retail sale of handgun ammunition. | ||||||
12 | (a)(1) Beginning January 1, 2024, a
person commits | ||||||
13 | unlawful retail sale of handgun ammunition if he or she | ||||||
14 | knowingly engages in the retail sale of handgun ammunition and
| ||||||
15 | sells, leases, or transfers serialized handgun ammunition
| ||||||
16 | without being a registered handgun ammunition vendor
as | ||||||
17 | described in paragraph (2) of this subsection (a). A violation | ||||||
18 | of this paragraph (1) is a Class A misdemeanor. | ||||||
19 | (2) As used in this Section, "vendor", "ammunition | ||||||
20 | vendor", or
"registered handgun ammunition vendor" means any | ||||||
21 | person who is engaged in the retail sale of
handgun ammunition | ||||||
22 | and has all of the
following: | ||||||
23 | (A) any regulatory or business license, or licenses, | ||||||
24 | required by
a unit of local government; | ||||||
25 | (B) a valid Retailers Occupation Tax Registration |
| |||||||
| |||||||
1 | Number issued by the Department of Revenue; and | ||||||
2 | (C) is recorded in the centralized handgun ammunition | ||||||
3 | vendor's
registry specified in subsection (b) of this | ||||||
4 | Section. | ||||||
5 | (b) The Illinois State Police shall maintain a centralized | ||||||
6 | registry of
all persons under subparagraphs (A) through (C), | ||||||
7 | inclusive, of
paragraph (2) of subsection (a) of this Section. | ||||||
8 | The Illinois State Police may remove from this
registry any | ||||||
9 | person who violates this Article.
Upon removal of a vendor | ||||||
10 | from this registry, notification shall be
provided to local | ||||||
11 | law enforcement and licensing authorities in the
jurisdiction | ||||||
12 | where the vendor's business is located. | ||||||
13 | (c) The Illinois State Police may inspect handgun | ||||||
14 | ammunition vendors to
ensure compliance with this Article. | ||||||
15 | Nothing in this Section prohibits any unit of local government | ||||||
16 | from adopting one or more ordinances
relating to the | ||||||
17 | inspection of handgun ammunition vendors. | ||||||
18 | (d) Any vendor, agent, or employee of the vendor who sells | ||||||
19 | or
otherwise transfers ownership of any serialized handgun | ||||||
20 | ammunition
shall record the following information in a format | ||||||
21 | prescribed by the
Illinois State Police: | ||||||
22 | (1) the date of the transaction; | ||||||
23 | (2) the name of the transferee; | ||||||
24 | (3) the transferee's driver's
license number or other | ||||||
25 | government issued identification card number
and the | ||||||
26 | governmental agency that issued the identification; |
| |||||||
| |||||||
1 | (4) in order to validate a transferee's age and ensure | ||||||
2 | compliance
with paragraphs (a) and (b) of subsection (A) | ||||||
3 | of Section 24-3, the date of birth of the transferee; | ||||||
4 | (5) the unique identifier, as described in Section | ||||||
5 | 24-0.05, of all
serialized handgun ammunition or bullets | ||||||
6 | transferred; and | ||||||
7 | (6) all other information prescribed by the Illinois | ||||||
8 | State Police. | ||||||
9 | (e) On the date the vendor delivers the handgun ammunition | ||||||
10 | to the
transferee, he or she shall report the information | ||||||
11 | required in
subsection (d) to the Illinois State Police in a | ||||||
12 | manner prescribed
by the Illinois State Police. A copy of the | ||||||
13 | records required by this Section shall be
maintained on the | ||||||
14 | premises of the vendor for a period of not less
than 3 years | ||||||
15 | from the date of the recorded transfer. The records shall be | ||||||
16 | subject to inspection at any time during
normal business hours | ||||||
17 | by any peace officer, or by any authorized
employee of the | ||||||
18 | Illinois State Police, if the inspection relates to
an | ||||||
19 | investigation in which access to those records is or may be | ||||||
20 | relevant
to that investigation, is seeking information about | ||||||
21 | persons
prohibited from owning a firearm or handgun | ||||||
22 | ammunition, or is engaged in
ensuring compliance with this | ||||||
23 | Article, the Firearm Owners Identification Card Act, the | ||||||
24 | Firearm Concealed Carry Act, or any other laws pertaining to | ||||||
25 | firearms. | ||||||
26 | (f) Any vendor or employee or agent of a vendor who |
| |||||||
| |||||||
1 | knowingly
fails to comply with, or falsifies the records | ||||||
2 | required to be kept
by subsection (e) is guilty of a Class A | ||||||
3 | misdemeanor. | ||||||
4 | (g) Proof that a vendor or his or her agent or employee | ||||||
5 | demanded,
was shown, and acted in reliance upon, bona fide | ||||||
6 | evidence of identity
shall be a defense to any criminal | ||||||
7 | prosecution under this
Section if reliance upon the proof of | ||||||
8 | identity was
reasonable. | ||||||
9 | (h) Any person who presents false identification to a | ||||||
10 | vendor with
the intent to avoid the recording requirements of | ||||||
11 | this Section is guilty of a Class A misdemeanor. | ||||||
12 | (i) Any vendor who refuses to permit a person authorized | ||||||
13 | under
subsection (e) to examine any record prepared in
| ||||||
14 | accordance with this Section during any inspection conducted | ||||||
15 | under this Section is guilty of a Class A misdemeanor. | ||||||
16 | (j) Persons engaged in the noncommercial reloading of | ||||||
17 | ammunition may adopt voluntary personal serialization | ||||||
18 | protocols. | ||||||
19 | (720 ILCS 5/24-1.14 new) | ||||||
20 | Sec. 24-1.14. Unlawful commercial manufacture of | ||||||
21 | serialized handgun ammunition. | ||||||
22 | (a)
Beginning January 1, 2024, a person commits unlawful | ||||||
23 | commercial manufacture of serialized handgun ammunition when | ||||||
24 | he or she knowingly engages in
the commercial manufacture of | ||||||
25 | serialized handgun ammunition and
sells, loans, or transfers |
| |||||||
| |||||||
1 | serialized handgun ammunition within this State,
without being | ||||||
2 | a registered handgun ammunition
manufacturer. A violation of | ||||||
3 | this subsection (a) is a
Class A misdemeanor. | ||||||
4 | (b) Manufacturers shall: | ||||||
5 | (1) register with the Illinois State Police in a | ||||||
6 | manner prescribed
by the Illinois State Police; | ||||||
7 | (2) maintain records on the business premises for a | ||||||
8 | period of
7 years concerning all sales, loans, and | ||||||
9 | transfers of handgun ammunition,
to, from, or within this | ||||||
10 | State; and | ||||||
11 | (3) comply with all other rules concerning handgun | ||||||
12 | ammunition
manufacture and sale adopted by the Illinois | ||||||
13 | State Police. | ||||||
14 | (c) Any manufacturer who knowingly fails to comply with | ||||||
15 | the provisions of
this Section is liable for a civil fine | ||||||
16 | payable to the Illinois State Police of not more than $1,000 | ||||||
17 | for a first violation, not more than $5,000 for a second | ||||||
18 | violation, and not more than
$10,000 for a third and | ||||||
19 | subsequent violation.
A civil action to enforce this Section | ||||||
20 | may be brought by a municipal attorney, State's Attorney, or | ||||||
21 | the Attorney General. This
subsection (c) does not preclude | ||||||
22 | any other remedy available under
State law. | ||||||
23 | (d) The Illinois State Police may inspect handgun | ||||||
24 | ammunition manufacturers to ensure
compliance with this | ||||||
25 | Section.
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-2)
| ||||||
2 | Sec. 24-2. Exemptions.
| ||||||
3 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
4 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of | ||||||
5 | the following:
| ||||||
6 | (1) Peace officers, and any person summoned by a peace | ||||||
7 | officer to
assist in making arrests or preserving the | ||||||
8 | peace, while actually engaged in
assisting such officer.
| ||||||
9 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
10 | penitentiaries, jails and other institutions for the | ||||||
11 | detention of persons
accused or convicted of an offense, | ||||||
12 | while in the performance of their
official duty, or while | ||||||
13 | commuting between their homes and places of employment.
| ||||||
14 | (3) Members of the Armed Services or Reserve Forces of | ||||||
15 | the United States
or the Illinois National Guard or the | ||||||
16 | Reserve Officers Training Corps,
while in the performance | ||||||
17 | of their official duty.
| ||||||
18 | (4) Special agents employed by a railroad or a public | ||||||
19 | utility to
perform police functions, and guards of armored | ||||||
20 | car companies, while
actually engaged in the performance | ||||||
21 | of the duties of their employment or
commuting between | ||||||
22 | their homes and places of employment; and watchmen
while | ||||||
23 | actually engaged in the performance of the duties of their | ||||||
24 | employment.
| ||||||
25 | (5) Persons licensed as private security contractors, | ||||||
26 | private
detectives, or private alarm contractors, or |
| |||||||
| |||||||
1 | employed by a private security contractor, private | ||||||
2 | detective, or private alarm contractor agency licensed
by | ||||||
3 | the Department of Financial and Professional Regulation, | ||||||
4 | if their duties
include the carrying of a weapon under the | ||||||
5 | provisions of the Private
Detective, Private Alarm,
| ||||||
6 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
7 | 2004,
while actually
engaged in the performance of the | ||||||
8 | duties of their employment or commuting
between their | ||||||
9 | homes and places of employment. A person shall be | ||||||
10 | considered eligible for this
exemption if he or she has | ||||||
11 | completed the required 20
hours of training for a private | ||||||
12 | security contractor, private
detective, or private alarm | ||||||
13 | contractor, or employee of a licensed private security | ||||||
14 | contractor, private detective, or private alarm contractor | ||||||
15 | agency and 28 hours of required firearm
training, and has | ||||||
16 | been issued a firearm control card by
the Department of | ||||||
17 | Financial and Professional Regulation. Conditions for the | ||||||
18 | renewal of
firearm control cards issued under the | ||||||
19 | provisions of this Section
shall be the same as for those | ||||||
20 | cards issued under the provisions of the
Private | ||||||
21 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
22 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
23 | card shall be carried by the private security contractor, | ||||||
24 | private
detective, or private alarm contractor, or | ||||||
25 | employee of the licensed private security contractor, | ||||||
26 | private detective, or private alarm contractor agency at |
| |||||||
| |||||||
1 | all
times when he or she is in possession of a concealable | ||||||
2 | weapon permitted by his or her firearm control card.
| ||||||
3 | (6) Any person regularly employed in a commercial or | ||||||
4 | industrial
operation as a security guard for the | ||||||
5 | protection of persons employed
and private property | ||||||
6 | related to such commercial or industrial
operation, while | ||||||
7 | actually engaged in the performance of his or her
duty or | ||||||
8 | traveling between sites or properties belonging to the
| ||||||
9 | employer, and who, as a security guard, is a member of a | ||||||
10 | security force registered with the Department of Financial | ||||||
11 | and Professional
Regulation; provided that such security | ||||||
12 | guard has successfully completed a
course of study, | ||||||
13 | approved by and supervised by the Department of
Financial | ||||||
14 | and Professional Regulation, consisting of not less than | ||||||
15 | 48 hours of training
that includes the theory of law | ||||||
16 | enforcement, liability for acts, and the
handling of | ||||||
17 | weapons. A person shall be considered eligible for this
| ||||||
18 | exemption if he or she has completed the required 20
hours | ||||||
19 | of training for a security officer and 28 hours of | ||||||
20 | required firearm
training, and has been issued a firearm | ||||||
21 | control card by
the Department of Financial and | ||||||
22 | Professional Regulation. Conditions for the renewal of
| ||||||
23 | firearm control cards issued under the provisions of this | ||||||
24 | Section
shall be the same as for those cards issued under | ||||||
25 | the provisions of the
Private Detective, Private Alarm,
| ||||||
26 | Private Security, Fingerprint Vendor, and Locksmith Act of |
| |||||||
| |||||||
1 | 2004. The
firearm control card shall be carried by the | ||||||
2 | security guard at all
times when he or she is in possession | ||||||
3 | of a concealable weapon permitted by his or her firearm | ||||||
4 | control card.
| ||||||
5 | (7) Agents and investigators of the Illinois | ||||||
6 | Legislative Investigating
Commission authorized by the | ||||||
7 | Commission to carry the weapons specified in
subsections | ||||||
8 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
9 | any investigation for the Commission.
| ||||||
10 | (8) Persons employed by a financial institution as a | ||||||
11 | security guard for the protection of
other employees and | ||||||
12 | property related to such financial institution, while
| ||||||
13 | actually engaged in the performance of their duties, | ||||||
14 | commuting between
their homes and places of employment, or | ||||||
15 | traveling between sites or
properties owned or operated by | ||||||
16 | such financial institution, and who, as a security guard, | ||||||
17 | is a member of a security force registered with the | ||||||
18 | Department; provided that
any person so employed has | ||||||
19 | successfully completed a course of study,
approved by and | ||||||
20 | supervised by the Department of Financial and Professional | ||||||
21 | Regulation,
consisting of not less than 48 hours of | ||||||
22 | training which includes theory of
law enforcement, | ||||||
23 | liability for acts, and the handling of weapons.
A person | ||||||
24 | shall be considered to be eligible for this exemption if | ||||||
25 | he or
she has completed the required 20 hours of training | ||||||
26 | for a security officer
and 28 hours of required firearm |
| |||||||
| |||||||
1 | training, and has been issued a
firearm control card by | ||||||
2 | the Department of Financial and Professional Regulation.
| ||||||
3 | Conditions for renewal of firearm control cards issued | ||||||
4 | under the
provisions of this Section shall be the same as | ||||||
5 | for those issued under the
provisions of the Private | ||||||
6 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
7 | Vendor, and Locksmith Act of 2004. The
firearm control | ||||||
8 | card shall be carried by the security guard at all times | ||||||
9 | when he or she is in possession of a concealable
weapon | ||||||
10 | permitted by his or her firearm control card. For purposes | ||||||
11 | of this subsection, "financial institution" means a
bank, | ||||||
12 | savings and loan association, credit union or company | ||||||
13 | providing
armored car services.
| ||||||
14 | (9) Any person employed by an armored car company to | ||||||
15 | drive an armored
car, while actually engaged in the | ||||||
16 | performance of his duties.
| ||||||
17 | (10) Persons who have been classified as peace | ||||||
18 | officers pursuant
to the Peace Officer Fire Investigation | ||||||
19 | Act.
| ||||||
20 | (11) Investigators of the Office of the State's | ||||||
21 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
22 | governors of the Office of the
State's Attorneys Appellate | ||||||
23 | Prosecutor to carry weapons pursuant to
Section 7.06 of | ||||||
24 | the State's Attorneys Appellate Prosecutor's Act.
| ||||||
25 | (12) Special investigators appointed by a State's | ||||||
26 | Attorney under
Section 3-9005 of the Counties Code.
|
| |||||||
| |||||||
1 | (12.5) Probation officers while in the performance of | ||||||
2 | their duties, or
while commuting between their homes, | ||||||
3 | places of employment or specific locations
that are part | ||||||
4 | of their assigned duties, with the consent of the chief | ||||||
5 | judge of
the circuit for which they are employed, if they | ||||||
6 | have received weapons training according
to requirements | ||||||
7 | of the Peace Officer and Probation Officer Firearm | ||||||
8 | Training Act.
| ||||||
9 | (13) Court Security Officers while in the performance | ||||||
10 | of their official
duties, or while commuting between their | ||||||
11 | homes and places of employment, with
the
consent of the | ||||||
12 | Sheriff.
| ||||||
13 | (13.5) A person employed as an armed security guard at | ||||||
14 | a nuclear energy,
storage, weapons or development site or | ||||||
15 | facility regulated by the Nuclear
Regulatory Commission | ||||||
16 | who has completed the background screening and training
| ||||||
17 | mandated by the rules and regulations of the Nuclear | ||||||
18 | Regulatory Commission.
| ||||||
19 | (14) Manufacture, transportation, or sale of weapons | ||||||
20 | to
persons
authorized under subdivisions (1) through | ||||||
21 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
22 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
23 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
24 | or handgun and the person has been issued a currently valid | ||||||
25 | license under the Firearm Concealed Carry Act at the time of | ||||||
26 | the commission of the offense. |
| |||||||
| |||||||
1 | (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
2 | to
or affect a qualified current or retired law enforcement | ||||||
3 | officer or a current or retired deputy, county correctional | ||||||
4 | officer, or correctional officer of the Department of | ||||||
5 | Corrections qualified under the laws of this State or under | ||||||
6 | the federal Law Enforcement Officers Safety Act. | ||||||
7 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
8 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
9 | (1) Members of any club or organization organized for | ||||||
10 | the purpose of
practicing shooting at targets upon | ||||||
11 | established target ranges, whether
public or private, and | ||||||
12 | patrons of such ranges, while such members
or patrons are | ||||||
13 | using their firearms on those target ranges.
| ||||||
14 | (2) Duly authorized military or civil organizations | ||||||
15 | while parading,
with the special permission of the | ||||||
16 | Governor.
| ||||||
17 | (3) Hunters, trappers, or fishermen while engaged in | ||||||
18 | lawful hunting,
trapping, or fishing under the provisions | ||||||
19 | of the Wildlife Code or the Fish and Aquatic Life Code.
| ||||||
20 | (4) Transportation of weapons that are broken down in | ||||||
21 | a
non-functioning state or are not immediately accessible.
| ||||||
22 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
23 | gun or taser or other firearm on the land or in the legal | ||||||
24 | dwelling of another person as an invitee with that | ||||||
25 | person's permission. | ||||||
26 | (c) Subsection 24-1(a)(7) does not apply to or affect any |
| |||||||
| |||||||
1 | of the
following:
| ||||||
2 | (1) Peace officers while in performance of their | ||||||
3 | official duties.
| ||||||
4 | (2) Wardens, superintendents and keepers of prisons, | ||||||
5 | penitentiaries,
jails and other institutions for the | ||||||
6 | detention of persons accused or
convicted of an offense.
| ||||||
7 | (3) Members of the Armed Services or Reserve Forces of | ||||||
8 | the United States
or the Illinois National Guard, while in | ||||||
9 | the performance of their official
duty.
| ||||||
10 | (4) Manufacture, transportation, or sale of machine | ||||||
11 | guns to persons
authorized under subdivisions (1) through | ||||||
12 | (3) of this subsection to
possess machine guns, if the | ||||||
13 | machine guns are broken down in a
non-functioning state or | ||||||
14 | are not immediately accessible.
| ||||||
15 | (5) Persons licensed under federal law to manufacture | ||||||
16 | any weapon from
which 8 or more shots or bullets can be | ||||||
17 | discharged by a
single function of the firing device, or | ||||||
18 | ammunition for such weapons, and
actually engaged in the | ||||||
19 | business of manufacturing such weapons or
ammunition, but | ||||||
20 | only with respect to activities which are within the | ||||||
21 | lawful
scope of such business, such as the manufacture, | ||||||
22 | transportation, or testing
of such weapons or ammunition. | ||||||
23 | This exemption does not authorize the
general private | ||||||
24 | possession of any weapon from which 8 or more
shots or | ||||||
25 | bullets can be discharged by a single function of the | ||||||
26 | firing
device, but only such possession and activities as |
| |||||||
| |||||||
1 | are within the lawful
scope of a licensed manufacturing | ||||||
2 | business described in this paragraph.
| ||||||
3 | During transportation, such weapons shall be broken | ||||||
4 | down in a
non-functioning state or not immediately | ||||||
5 | accessible.
| ||||||
6 | (6) The manufacture, transport, testing, delivery, | ||||||
7 | transfer or sale,
and all lawful commercial or | ||||||
8 | experimental activities necessary thereto, of
rifles, | ||||||
9 | shotguns, and weapons made from rifles or shotguns,
or | ||||||
10 | ammunition for such rifles, shotguns or weapons, where | ||||||
11 | engaged in
by a person operating as a contractor or | ||||||
12 | subcontractor pursuant to a
contract or subcontract for | ||||||
13 | the development and supply of such rifles,
shotguns, | ||||||
14 | weapons or ammunition to the United States government or | ||||||
15 | any
branch of the Armed Forces of the United States, when | ||||||
16 | such activities are
necessary and incident to fulfilling | ||||||
17 | the terms of such contract.
| ||||||
18 | The exemption granted under this subdivision (c)(6)
| ||||||
19 | shall also apply to any authorized agent of any such | ||||||
20 | contractor or
subcontractor who is operating within the | ||||||
21 | scope of his employment, where
such activities involving | ||||||
22 | such weapon, weapons or ammunition are necessary
and | ||||||
23 | incident to fulfilling the terms of such contract.
| ||||||
24 | (7) A person possessing a rifle with a barrel or | ||||||
25 | barrels less than 16 inches in length if: (A) the person | ||||||
26 | has been issued a Curios and Relics license from the U.S. |
| |||||||
| |||||||
1 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or | ||||||
2 | (B) the person is an active member of a bona fide, | ||||||
3 | nationally recognized military re-enacting group and the | ||||||
4 | modification is required and necessary to accurately | ||||||
5 | portray the weapon for historical re-enactment purposes; | ||||||
6 | the re-enactor is in possession of a valid and current | ||||||
7 | re-enacting group membership credential; and the overall | ||||||
8 | length of the weapon as modified is not less than 26 | ||||||
9 | inches. | ||||||
10 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
11 | possession
or carrying of a black-jack or slung-shot by a | ||||||
12 | peace officer.
| ||||||
13 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
14 | manager or
authorized employee of any place specified in that | ||||||
15 | subsection nor to any
law enforcement officer.
| ||||||
16 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
17 | Section 24-1.6
do not apply
to members of any club or | ||||||
18 | organization organized for the purpose of practicing
shooting | ||||||
19 | at targets upon established target ranges, whether public or | ||||||
20 | private,
while using their firearms on those target ranges.
| ||||||
21 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
22 | to:
| ||||||
23 | (1) Members of the Armed Services or Reserve Forces of | ||||||
24 | the United
States or the Illinois National Guard, while in | ||||||
25 | the performance of their
official duty.
| ||||||
26 | (2) Bonafide collectors of antique or surplus military |
| |||||||
| |||||||
1 | ordnance.
| ||||||
2 | (3) Laboratories having a department of forensic | ||||||
3 | ballistics, or
specializing in the development of | ||||||
4 | ammunition or explosive ordnance.
| ||||||
5 | (4) Commerce, preparation, assembly or possession of | ||||||
6 | explosive
bullets by manufacturers of ammunition licensed | ||||||
7 | by the federal government,
in connection with the supply | ||||||
8 | of those organizations and persons exempted
by subdivision | ||||||
9 | (g)(1) of this Section, or like organizations and persons
| ||||||
10 | outside this State, or the transportation of explosive | ||||||
11 | bullets to any
organization or person exempted in this | ||||||
12 | Section by a common carrier or by a
vehicle owned or leased | ||||||
13 | by an exempted manufacturer.
| ||||||
14 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
15 | persons licensed
under federal law to manufacture any device | ||||||
16 | or attachment of any kind designed,
used, or intended for use | ||||||
17 | in silencing the report of any firearm, firearms, or
| ||||||
18 | ammunition
for those firearms equipped with those devices, and | ||||||
19 | actually engaged in the
business of manufacturing those | ||||||
20 | devices, firearms, or ammunition, but only with
respect to
| ||||||
21 | activities that are within the lawful scope of that business, | ||||||
22 | such as the
manufacture, transportation, or testing of those | ||||||
23 | devices, firearms, or
ammunition. This
exemption does not | ||||||
24 | authorize the general private possession of any device or
| ||||||
25 | attachment of any kind designed, used, or intended for use in | ||||||
26 | silencing the
report of any firearm, but only such possession |
| |||||||
| |||||||
1 | and activities as are within
the
lawful scope of a licensed | ||||||
2 | manufacturing business described in this subsection
(g-5). | ||||||
3 | During transportation, these devices shall be detached from | ||||||
4 | any weapon
or
not immediately accessible.
| ||||||
5 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
6 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
7 | supervisor who meets the qualifications and conditions | ||||||
8 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
9 | Corrections. | ||||||
10 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
11 | officer while serving as a member of a tactical response team | ||||||
12 | or special operations team. A peace officer may not personally | ||||||
13 | own or apply for ownership of a device or attachment of any | ||||||
14 | kind designed, used, or intended for use in silencing the | ||||||
15 | report of any firearm. These devices shall be owned and | ||||||
16 | maintained by lawfully recognized units of government whose | ||||||
17 | duties include the investigation of criminal acts. | ||||||
18 | (g-10) (Blank). | ||||||
19 | (g-15) Subsections 24-1.12(a) and 24-1.12(b) do not apply | ||||||
20 | to or affect any of the following: | ||||||
21 | (1) Possession, for purposes of investigation or | ||||||
22 | disposition
of any non-serialized handgun ammunition, by a | ||||||
23 | forensic laboratory or
any authorized agent or employee of | ||||||
24 | that laboratory in the course and scope of
his or her | ||||||
25 | authorized activities. | ||||||
26 | (2) Possession, for purposes of investigation, |
| |||||||
| |||||||
1 | evidence, or
disposition, of any non-serialized handgun | ||||||
2 | ammunition by any State or unit of local government agency | ||||||
3 | charged with law enforcement
or by the Illinois State | ||||||
4 | Police or by any authorized agent or
employee of the | ||||||
5 | agency, within the course and scope of his or her official
| ||||||
6 | duties. | ||||||
7 | (3) Possession, for purposes of disposal, or the | ||||||
8 | disposal, of
non-serialized handgun ammunition by an | ||||||
9 | executor or administrator of
an estate if all of the | ||||||
10 | following are met: | ||||||
11 | (A) the non-serialized handgun ammunition was | ||||||
12 | lawfully possessed, included
within the estate, and | ||||||
13 | the executor or administrator possesses or
disposes of | ||||||
14 | the non-serialized handgun ammunition in a manner
| ||||||
15 | consistent with this Article. | ||||||
16 | (B) the disposition is to a person or entity that | ||||||
17 | may possess the
non-serialized handgun ammunition in a | ||||||
18 | manner consistent with this
Article and possession is | ||||||
19 | otherwise lawful; and | ||||||
20 | (C) the disposition transfers the non-serialized | ||||||
21 | handgun ammunition
out of this State or to a law | ||||||
22 | enforcement agency for disposition. | ||||||
23 | (4) Possession of non-serialized handgun ammunition | ||||||
24 | for purposes of
transporting it to a law enforcement | ||||||
25 | agency for disposition, if
possession is otherwise lawful, | ||||||
26 | and if the law enforcement agency has
been notified prior |
| |||||||
| |||||||
1 | to delivery of the handgun ammunition. | ||||||
2 | (5) Possession of non-serialized handgun ammunition by | ||||||
3 | peace officers from other states during the
discharge of | ||||||
4 | their official duties in this State. | ||||||
5 | (6) Possession of non-serialized handgun ammunition by | ||||||
6 | members of the Armed Services or Reserve Forces of the | ||||||
7 | United States
or the Illinois National Guard or the | ||||||
8 | Reserve Officers Training Corps,
while in the performance | ||||||
9 | of their official duties. | ||||||
10 | (7) Possession or exhibition of non-serialized handgun | ||||||
11 | ammunition by a museum or collector, in a fixed or mobile | ||||||
12 | exhibit or for educational purposes. | ||||||
13 | (8) Transportation of non-serialized handgun | ||||||
14 | ammunition by those permitted to be in possession of that | ||||||
15 | ammunition and firearms for that ammunition from their | ||||||
16 | residence to public and private shooting events and ranges | ||||||
17 | for a period of 10 years after the effective date of this | ||||||
18 | amendatory act of the 103rd General Assembly. | ||||||
19 | (9) Transfer of non-serialized handgun ammunition from | ||||||
20 | a retail mercantile establishment in this state to another | ||||||
21 | retail mercantile establishment outside this State. | ||||||
22 | (10) Possession of non-serialized handgun ammunition | ||||||
23 | inventory by a retail mercantile establishment | ||||||
24 | manufactured before January 1, 2024 and possessed by the | ||||||
25 | retail mercantile establishment until that inventory is | ||||||
26 | sold or exhausted in compliance with this Article. |
| |||||||
| |||||||
1 | (11) Possession of non-serialized handgun ammunition | ||||||
2 | by a person issued a concealed carry license by the | ||||||
3 | Illinois State Police under the Firearm Concealed Carry | ||||||
4 | Act or issued a Firearm Owner's Identification Card by the | ||||||
5 | Illinois State Police under the Firearm Owners | ||||||
6 | Identification Card Act on his or her person, in a | ||||||
7 | firearm, or in a vehicle for 15 years after the effective | ||||||
8 | date of this amendatory Act of the 103rd General Assembly. | ||||||
9 | (12) Possession of non-serialized handgun ammunition | ||||||
10 | by persons engaged in the development of new calibers, new | ||||||
11 | rifles, new handguns, and ammunition that is used in those | ||||||
12 | rifles and handguns or modifications to existing rifles or | ||||||
13 | handguns. Possession of non-serialized handgun ammunition | ||||||
14 | under this paragraph (12) must be in compliance with this | ||||||
15 | Article, the number of rounds must not exceed 15,000, must | ||||||
16 | be used solely for development purposes, and must be | ||||||
17 | transported with the firearms for which they are used. | ||||||
18 | (13) Possession of non-serialized handgun ammunition | ||||||
19 | by persons engaged in the non-commercial reloading of | ||||||
20 | ammunition. | ||||||
21 | (14) Possession and storage of non-serialized handgun | ||||||
22 | ammunition in the owner's dwelling, farm, or farm | ||||||
23 | outbuilding, or while at a public or private firearm | ||||||
24 | range. | ||||||
25 | (15) Possession of non-serialized handgun ammunition | ||||||
26 | by persons involved in the protection of dignitaries from |
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1 | domestic or foreign governments under the direction and | ||||||
2 | authorization of the Illinois State Police, which may | ||||||
3 | charge a fee for use of that ammunition which shall not | ||||||
4 | exceed the cost of that ammunition to the Illinois State | ||||||
5 | Police. | ||||||
6 | (16) Ammunition used in black powder firearms | ||||||
7 | regardless of the date of manufacture of the firearms. | ||||||
8 | (17) Projectiles that are determined by the Illinois | ||||||
9 | State Police to be less than lethal that may be fired from | ||||||
10 | devices that are in possession of persons lawfully able to | ||||||
11 | possess those devices. | ||||||
12 | (g-16) The Illinois State Police shall annually review the | ||||||
13 | exemptions contained in subsection (g-15) of this Section and | ||||||
14 | make recommendations to the Governor and General Assembly for | ||||||
15 | changes in exemptions permitted by subsection (g-15). | ||||||
16 | (h) An information or indictment based upon a violation of | ||||||
17 | any
subsection of this Article need not negative any | ||||||
18 | exemptions contained in
this Article. The defendant shall have | ||||||
19 | the burden of proving such an
exemption.
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20 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
21 | affect
the transportation, carrying, or possession, of any | ||||||
22 | pistol or revolver,
stun gun, taser, or other firearm | ||||||
23 | consigned to a common carrier operating
under license of the | ||||||
24 | State of Illinois or the federal government, where
such | ||||||
25 | transportation, carrying, or possession is incident to the | ||||||
26 | lawful
transportation in which such common carrier is engaged; |
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1 | and nothing in this
Article shall prohibit, apply to, or | ||||||
2 | affect the transportation, carrying,
or possession of any | ||||||
3 | pistol, revolver, stun gun, taser, or other firearm,
not the | ||||||
4 | subject of and regulated by subsection 24-1(a)(7) or | ||||||
5 | subsection
24-2(c) of this Article, which is unloaded and | ||||||
6 | enclosed in a case, firearm
carrying box, shipping box, or | ||||||
7 | other container, by the possessor of a valid
Firearm Owners | ||||||
8 | Identification Card.
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9 | (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22; | ||||||
10 | 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised | ||||||
11 | 12-14-22.)
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12 | (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)
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13 | Sec. 24-4.
Register
of sales by dealer.
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14 | (a) Any seller of firearms of a size which may be concealed | ||||||
15 | upon the
person, other than a manufacturer selling to a bona | ||||||
16 | fide wholesaler or
retailer or a wholesaler selling to a bona | ||||||
17 | fide retailer, shall keep a
register of all firearms sold or | ||||||
18 | given away.
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19 | (b) Such register shall contain the date of the sale or | ||||||
20 | gift, the name,
address, age and occupation of the person to | ||||||
21 | whom the weapon is sold or
given, the price of the weapon, the | ||||||
22 | kind, description and number of the
weapon, and the purpose | ||||||
23 | for which it is purchased and obtained.
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24 | (c) Such seller on demand of a peace officer shall produce | ||||||
25 | for
inspection the register and allow such peace officer to |
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1 | inspect such
register and all stock on hand.
| ||||||
2 | (c-5) Beginning January 1, 2024, the Illinois State Police | ||||||
3 | shall
maintain a centralized registry of all reports of | ||||||
4 | handgun ammunition
transactions reported to the Illinois State | ||||||
5 | Police under Section 24-1.13, in
a manner prescribed by the | ||||||
6 | Illinois State Police. Information in the registry, upon | ||||||
7 | proper application for that information, shall be furnished to | ||||||
8 | the officers
listed in Section 24-1.13, or to the person | ||||||
9 | listed in the registry as
the owner of the particular handgun | ||||||
10 | ammunition. | ||||||
11 | (d) Sentence.
| ||||||
12 | Violation of this Section is a Class B misdemeanor.
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13 | (Source: P.A. 77-2638.)
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14 | Article 99. | ||||||
15 | Section 99-95. No acceleration or delay. Where this Act | ||||||
16 | makes changes in a statute that is represented in this Act by | ||||||
17 | text that is not yet or no longer in effect (for example, a | ||||||
18 | Section represented by multiple versions), the use of that | ||||||
19 | text does not accelerate or delay the taking effect of (i) the | ||||||
20 | changes made by this Act or (ii) provisions derived from any | ||||||
21 | other Public Act. | ||||||
22 | Section 99-97. Severability. The provisions of this Act | ||||||
23 | are severable under Section 1.31 of the Statute on Statutes. |
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1 | Section 99-99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | becoming law. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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