Full Text of HB1092 102nd General Assembly
HB1092enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning criminal law.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by adding Section 2310-705 as follows: | 7 | | (20 ILCS 2310/2310-705 new) | 8 | | Sec. 2310-705. Firearms restraining order awareness. | 9 | | (a) The Department, subject to appropriation or other | 10 | | available funding, shall
conduct a program to promote | 11 | | awareness of firearms restraining orders to the
general | 12 | | public. The program may include, but is not limited to: | 13 | | (1) dissemination of information, either online or | 14 | | with an in-person
pamphlet, of the options people have to | 15 | | seek assistance using a
firearms restraining order and the | 16 | | process in which to file one; | 17 | | (2) production of materials that can be given to | 18 | | health care workers that
assist in identifying people who | 19 | | may benefit from
awareness of the Firearms Restraining | 20 | | Order Act; and | 21 | | (3) specific information on situations in which a | 22 | | firearms restraining order
may be appropriate such as with | 23 | | situations of domestic violence, mental
health crisis, or |
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| 1 | | anyone who is at risk of injuring themselves or others. | 2 | | (b)
Beginning July 1, 2022, the program must include the | 3 | | development and
dissemination, through print, digital, and | 4 | | broadcast media, of public service
announcements that | 5 | | publicize the firearms restraining order.
| 6 | | Section 10. The Department of State Police Law of the
| 7 | | Civil Administrative Code of Illinois is amended by adding | 8 | | Section 2605-51 as follows: | 9 | | (20 ILCS 2605/2605-51 new) | 10 | | Sec. 2605-51. Commission on implementing the Firearms | 11 | | Restraining Order Act. | 12 | | (a) There is created the Commission on Implementing the | 13 | | Firearms Restraining Order Act composed of at least 12 members | 14 | | to advise on the strategies of education and implementation of | 15 | | the Firearms Restraining Order Act. The Commission shall be | 16 | | appointed by the Director of the Illinois State Police or his | 17 | | or her designee and shall include a liaison or representative | 18 | | nominated from the following: | 19 | | (1) the Office of the Attorney General, appointed by | 20 | | the Attorney General; | 21 | | (2) the Director of the Illinois State Police or his | 22 | | or her designee; | 23 | | (3) at least 3 State's Attorneys, nominated by the | 24 | | Director of the Office of the State's Attorneys Appellate |
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| 1 | | Prosecutor; | 2 | | (4) at least 2 municipal police department | 3 | | representatives,
nominated by the Illinois Association of | 4 | | Chiefs of Police; | 5 | | (5) an Illinois sheriff,
nominated by the Illinois | 6 | | Sheriffs' Association; | 7 | | (6) the Director of Public Health or his or her | 8 | | designee; | 9 | | (7) the Illinois Law Enforcement Training Standards | 10 | | Board, nominated by the Executive Director of the Board; | 11 | | (8) a representative from a public defender's office,
| 12 | | nominated by the State Appellate Defender; | 13 | | (9) a circuit court judge,
nominated by the Chief | 14 | | Justice of the Supreme Court; | 15 | | (10) a prosecutor with experience managing or | 16 | | directing a program in another state where the | 17 | | implementation of that state's extreme risk protection | 18 | | order law has achieved high rates of petition filings | 19 | | nominated by the National District Attorneys Association; | 20 | | and | 21 | | (11) an expert from law enforcement who has experience | 22 | | managing or directing a program in another state where the | 23 | | implementation of that state's extreme risk protection | 24 | | order law has achieved high rates of petition filings | 25 | | nominated by the Director of the Illinois State Police. | 26 | | (b)
The Commission shall be chaired by the Director of the |
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| 1 | | Illinois State Police or his or her designee. The Commission | 2 | | shall meet, either virtually or in person, to discuss the | 3 | | implementation of the Firearms Restraining Order Act as | 4 | | determined by the Commission while the strategies are being | 5 | | established. | 6 | | (c) The members of the Commission shall serve without | 7 | | compensation and shall serve 3-year terms. | 8 | | (d) An annual report shall be submitted to the General | 9 | | Assembly by the Commission that may include summary | 10 | | information about firearms restraining order use by county, | 11 | | challenges to Firearms Restraining Order Act implementation, | 12 | | and recommendations for increasing and improving | 13 | | implementation. | 14 | | (e)
The Commission shall develop a model policy with an | 15 | | overall framework for the timely relinquishment of firearms | 16 | | whenever a firearms restraining order is issued. The model | 17 | | policy shall be finalized within the first 4 months of | 18 | | convening. In formulating the model policy, the Commission | 19 | | shall consult counties in Illinois and other states with | 20 | | extreme risk protection order laws which have achieved a high | 21 | | rate of petition filings. Once approved, the Illinois State | 22 | | Police shall work with their local law enforcement agencies | 23 | | within their county to design a comprehensive strategy for the | 24 | | timely relinquishment of firearms, using the model policy as | 25 | | an overall framework. Each individual agency may make small | 26 | | modifications as needed to the model policy and must approve |
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| 1 | | and adopt a policy that aligns with the model policy. The | 2 | | Illinois State Police shall convene local police chiefs and | 3 | | sheriffs within their county as needed to discuss the | 4 | | relinquishment of firearms. | 5 | | (f) The Commission shall be dissolved 3 years after the | 6 | | effective date of this amendatory Act of the 102nd General | 7 | | Assembly. | 8 | | (g) This Section is repealed 4 years after the effective | 9 | | date of this amendatory Act of the 102nd General Assembly. | 10 | | Section 15. The Illinois Police Training Act is amended by | 11 | | changing Section 7 and by adding Section 7.1 as follows:
| 12 | | (50 ILCS 705/7) (from Ch. 85, par. 507)
| 13 | | Sec. 7. Rules and standards for schools. The Board shall | 14 | | adopt rules and
minimum standards for such schools which shall | 15 | | include, but not be limited to,
the following:
| 16 | | a. The curriculum for probationary police officers | 17 | | which shall be
offered by all certified schools shall | 18 | | include, but not be limited to,
courses of procedural | 19 | | justice, arrest and use and control tactics, search and | 20 | | seizure, including temporary questioning, civil rights, | 21 | | human rights, human relations,
cultural competency, | 22 | | including implicit bias and racial and ethnic sensitivity,
| 23 | | criminal law, law of criminal procedure, constitutional | 24 | | and proper use of law enforcement authority, vehicle and |
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| 1 | | traffic law including
uniform and non-discriminatory | 2 | | enforcement of the Illinois Vehicle Code,
traffic control | 3 | | and accident investigation, techniques of obtaining
| 4 | | physical evidence, court testimonies, statements, reports, | 5 | | firearms
training, training in the use of electronic | 6 | | control devices, including the psychological and | 7 | | physiological effects of the use of those devices on | 8 | | humans, first-aid (including cardiopulmonary | 9 | | resuscitation), training in the administration of opioid | 10 | | antagonists as defined in paragraph (1) of subsection (e) | 11 | | of Section 5-23 of the Substance Use Disorder Act, | 12 | | handling of
juvenile offenders, recognition of
mental | 13 | | conditions and crises, including, but not limited to, the | 14 | | disease of addiction, which require immediate assistance | 15 | | and response and methods to
safeguard and provide | 16 | | assistance to a person in need of mental
treatment, | 17 | | recognition of abuse, neglect, financial exploitation, and | 18 | | self-neglect of adults with disabilities and older adults, | 19 | | as defined in Section 2 of the Adult Protective Services | 20 | | Act, crimes against the elderly, law of evidence, the | 21 | | hazards of high-speed police vehicle
chases with an | 22 | | emphasis on alternatives to the high-speed chase, and
| 23 | | physical training. The curriculum shall include specific | 24 | | training in
techniques for immediate response to and | 25 | | investigation of cases of domestic
violence and of sexual | 26 | | assault of adults and children, including cultural |
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| 1 | | perceptions and common myths of sexual assault and sexual | 2 | | abuse as well as interview techniques that are age | 3 | | sensitive and are trauma informed, victim centered, and | 4 | | victim sensitive. The curriculum shall include
training in | 5 | | techniques designed to promote effective
communication at | 6 | | the initial contact with crime victims and ways to | 7 | | comprehensively
explain to victims and witnesses their | 8 | | rights under the Rights
of Crime Victims and Witnesses Act | 9 | | and the Crime
Victims Compensation Act. The curriculum | 10 | | shall also include training in effective recognition of | 11 | | and responses to stress, trauma, and post-traumatic stress | 12 | | experienced by police officers that is consistent with | 13 | | Section 25 of the Illinois Mental Health First Aid | 14 | | Training Act in a peer setting, including recognizing | 15 | | signs and symptoms of work-related cumulative stress, | 16 | | issues that may lead to suicide, and solutions for | 17 | | intervention with peer support resources. The curriculum | 18 | | shall include a block of instruction addressing the | 19 | | mandatory reporting requirements under the Abused and | 20 | | Neglected Child Reporting Act. The curriculum shall also | 21 | | include a block of instruction aimed at identifying and | 22 | | interacting with persons with autism and other | 23 | | developmental or physical disabilities, reducing barriers | 24 | | to reporting crimes against persons with autism, and | 25 | | addressing the unique challenges presented by cases | 26 | | involving victims or witnesses with autism and other |
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| 1 | | developmental disabilities. The curriculum shall include | 2 | | training in the detection and investigation of all forms | 3 | | of human trafficking. The curriculum shall also include | 4 | | instruction in trauma-informed responses designed to | 5 | | ensure the physical safety and well-being of a child of an | 6 | | arrested parent or immediate family member; this | 7 | | instruction must include, but is not limited to: (1) | 8 | | understanding the trauma experienced by the child while | 9 | | maintaining the integrity of the arrest and safety of | 10 | | officers, suspects, and other involved individuals; (2) | 11 | | de-escalation tactics that would include the use of force | 12 | | when reasonably necessary; and (3) inquiring whether a | 13 | | child will require supervision and care. The curriculum | 14 | | for
permanent police officers shall include, but not be | 15 | | limited to: (1) refresher
and in-service training in any | 16 | | of the courses listed above in this
subparagraph, (2) | 17 | | advanced courses in any of the subjects listed above in
| 18 | | this subparagraph, (3) training for supervisory personnel, | 19 | | and (4)
specialized training in subjects and fields to be | 20 | | selected by the board. The training in the use of | 21 | | electronic control devices shall be conducted for | 22 | | probationary police officers, including University police | 23 | | officers. The curriculum shall also include training on | 24 | | the use of a firearms restraining order by providing | 25 | | instruction on the process used to file a firearms | 26 | | restraining order and how to identify situations in which |
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| 1 | | a firearms restraining order is appropriate.
| 2 | | b. Minimum courses of study, attendance requirements | 3 | | and equipment
requirements.
| 4 | | c. Minimum requirements for instructors.
| 5 | | d. Minimum basic training requirements, which a | 6 | | probationary police
officer must satisfactorily complete | 7 | | before being eligible for permanent
employment as a local | 8 | | law enforcement officer for a participating local
| 9 | | governmental agency. Those requirements shall include | 10 | | training in first aid
(including cardiopulmonary | 11 | | resuscitation).
| 12 | | e. Minimum basic training requirements, which a | 13 | | probationary county
corrections officer must | 14 | | satisfactorily complete before being eligible for
| 15 | | permanent employment as a county corrections officer for a | 16 | | participating
local governmental agency.
| 17 | | f. Minimum basic training requirements which a | 18 | | probationary court
security officer must satisfactorily | 19 | | complete before being eligible for
permanent employment as | 20 | | a court security officer for a participating local
| 21 | | governmental agency. The Board shall
establish those | 22 | | training requirements which it considers appropriate for | 23 | | court
security officers and shall certify schools to | 24 | | conduct that training.
| 25 | | A person hired to serve as a court security officer | 26 | | must obtain from the
Board a certificate (i) attesting to |
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| 1 | | his or her successful completion of the
training course; | 2 | | (ii) attesting to his or her satisfactory
completion of a | 3 | | training program of similar content and number of hours | 4 | | that
has been found acceptable by the Board under the | 5 | | provisions of this Act; or
(iii) attesting to the Board's | 6 | | determination that the training
course is unnecessary | 7 | | because of the person's extensive prior law enforcement
| 8 | | experience.
| 9 | | Individuals who currently serve as court security | 10 | | officers shall be deemed
qualified to continue to serve in | 11 | | that capacity so long as they are certified
as provided by | 12 | | this Act within 24 months of June 1, 1997 (the effective | 13 | | date of Public Act 89-685). Failure to be so certified, | 14 | | absent a waiver from the
Board, shall cause the officer to | 15 | | forfeit his or her position.
| 16 | | All individuals hired as court security officers on or | 17 | | after June 1, 1997 (the effective
date of Public Act | 18 | | 89-685) shall be certified within 12 months of the
date of | 19 | | their hire, unless a waiver has been obtained by the | 20 | | Board, or they
shall forfeit their positions.
| 21 | | The Sheriff's Merit Commission, if one exists, or the | 22 | | Sheriff's Office if
there is no Sheriff's Merit | 23 | | Commission, shall maintain a list of all
individuals who | 24 | | have filed applications to become court security officers | 25 | | and
who meet the eligibility requirements established | 26 | | under this Act. Either
the Sheriff's Merit Commission, or |
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| 1 | | the Sheriff's Office if no Sheriff's Merit
Commission | 2 | | exists, shall establish a schedule of reasonable intervals | 3 | | for
verification of the applicants' qualifications under
| 4 | | this Act and as established by the Board.
| 5 | | g. Minimum in-service training requirements, which a | 6 | | police officer must satisfactorily complete every 3 years. | 7 | | Those requirements shall include constitutional and proper | 8 | | use of law enforcement authority, procedural justice, | 9 | | civil rights, human rights, mental health awareness and | 10 | | response, officer wellness, reporting child abuse and | 11 | | neglect, and cultural competency. | 12 | | h. Minimum in-service training requirements, which a | 13 | | police officer must satisfactorily complete at least | 14 | | annually. Those requirements shall include law updates and | 15 | | use of force training which shall include scenario based | 16 | | training, or similar training approved by the Board. | 17 | | (Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | 18 | | 100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | 19 | | 1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | 20 | | eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | 21 | | 101-564, eff. 1-1-20; revised 9-10-19.)"; and
| 22 | | (50 ILCS 705/7.1 new) | 23 | | Sec. 7.1. Firearms restraining order training. | 24 | | (a) The Illinois Law Enforcement Training Standards Board | 25 | | shall develop and approve a standard curriculum for a training |
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| 1 | | program on the Firearms Restraining Order Act. The Board shall | 2 | | conduct a training program that trains officers on the use of | 3 | | firearms restraining orders, how to identify situations in | 4 | | which a firearms restraining order is appropriate, and how to | 5 | | safely promote the usage of the firearms restraining order in | 6 | | different situations.
Officers who have successfully completed | 7 | | this program shall be issued a
certificate attesting to their | 8 | | attendance. | 9 | | (b) Every law enforcement officer shall complete this | 10 | | training once each year. | 11 | | (c) If adequate training is unavailable, the Illinois Law | 12 | | Enforcement Training Standards Board may approve training to | 13 | | be conducted by a third party. | 14 | | Section 20. The Firearms Restraining Order Act is amended | 15 | | by changing Sections 5, 10, 35, 40, and 45 and by adding | 16 | | Section 85 as follows: | 17 | | (430 ILCS 67/5)
| 18 | | Sec. 5. Definitions.
As used in this Act: | 19 | | "Family member of the respondent" means a spouse, former | 20 | | spouse, person with whom the respondent has a minor child in | 21 | | common, parent, child, or step-child of the respondent, any | 22 | | other person related by blood or present marriage to the | 23 | | respondent, or a person who shares a common dwelling with the | 24 | | respondent. |
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| 1 | | "Firearms restraining order" means an order issued by the | 2 | | court, prohibiting and enjoining a named person from having in | 3 | | his or her custody or control, purchasing, possessing, or | 4 | | receiving any firearms or ammunition, or removing firearm | 5 | | parts that could be assembled to make an operable firearm .
| 6 | | "Intimate partner" means a spouse, former spouse, a person | 7 | | with whom the respondent has or allegedly has a child in | 8 | | common, or a person with whom the respondent has or has had a | 9 | | dating or engagement relationship. | 10 | | "Petitioner" means: | 11 | | (1) a family member of the respondent as defined in | 12 | | this Act; or
| 13 | | (2) a law enforcement officer
who files a petition | 14 | | alleging that the respondent poses a danger of causing | 15 | | personal injury to himself, herself, or another by having | 16 | | in his or her custody or control, purchasing, possessing, | 17 | | or receiving a firearm , ammunition, or firearm parts that | 18 | | could be assembled to make an operable firearm or removing | 19 | | firearm parts that could be assembled to make an operable | 20 | | firearm . | 21 | | "Respondent" means the person alleged in the petition to | 22 | | pose a danger of causing personal injury to himself, herself, | 23 | | or another by having in his or her custody or control, | 24 | | purchasing, possessing, or receiving a firearm , ammunition, or | 25 | | firearm parts that could be assembled to make an operable | 26 | | firearm or removing firearm parts that could be assembled to |
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| 1 | | make an operable firearm .
| 2 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | 3 | | (430 ILCS 67/10)
| 4 | | Sec. 10. Commencement of action; procedure.
| 5 | | (a) An action for a firearms restraining order is | 6 | | commenced by filing a verified petition for a firearms | 7 | | restraining order in any circuit court.
| 8 | | (b) A petition for a firearms restraining order may be | 9 | | filed in : (1) any county where the respondent resides or (2) | 10 | | any county where an incident occurred that involved the | 11 | | respondent posing an immediate and present danger of causing | 12 | | personal injury to the respondent or another by having in his | 13 | | or her custody or control, or purchasing, possessing, or | 14 | | receiving, a firearm, ammunition, or firearm parts
that could | 15 | | be assembled to make an operable firearm .
| 16 | | (c) No fee shall be charged by the clerk for filing, | 17 | | amending, vacating, certifying, printing, or photocopying | 18 | | petitions or orders; or for issuing alias summons; or for any | 19 | | related filing service. No fee shall be charged by the sheriff | 20 | | or other law enforcement for service by the sheriff or other | 21 | | law enforcement of a petition, rule, motion, or order in an | 22 | | action commenced under this Section. | 23 | | (d) The court shall provide, through the office of the | 24 | | clerk of the court, simplified forms and clerical assistance | 25 | | to help with the writing and filing of a petition under this |
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| 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. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | 4 | | (430 ILCS 67/35)
| 5 | | Sec. 35. Ex parte orders and emergency hearings.
| 6 | | (a) A petitioner may request an emergency firearms | 7 | | restraining order by filing an affidavit or verified pleading | 8 | | alleging that the respondent poses an immediate and present | 9 | | danger of causing personal injury to himself, herself, or | 10 | | another by having in his or her custody or control, | 11 | | purchasing, possessing, or receiving a firearm , ammunition, or | 12 | | firearm parts
that could be assembled to make an operable | 13 | | firearm . The petition shall also describe the type and | 14 | | location of any firearm or firearms , ammunition, or firearm | 15 | | parts
that could be assembled to make an operable firearm | 16 | | presently believed by the petitioner to be possessed or | 17 | | controlled by the respondent.
| 18 | | (b) If the respondent is alleged to pose an immediate and | 19 | | present danger of causing personal injury to an intimate | 20 | | partner, or an intimate partner is alleged to have been the | 21 | | target of a threat or act of violence by the respondent, the | 22 | | petitioner shall make a good faith effort to provide notice to | 23 | | any and all intimate partners of the respondent. The notice | 24 | | must include that the petitioner intends to petition the court | 25 | | for an emergency firearms restraining order, and, if the |
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| 1 | | petitioner is a law enforcement officer, referral to relevant | 2 | | domestic violence or stalking advocacy or counseling | 3 | | resources, if appropriate. The petitioner shall attest to | 4 | | having provided the notice in the filed affidavit or verified | 5 | | pleading. If, after making a good faith effort, the petitioner | 6 | | is unable to provide notice to any or all intimate partners, | 7 | | the affidavit or verified pleading should describe what | 8 | | efforts were made. | 9 | | (c) Every person who files a petition for an emergency | 10 | | firearms restraining order, knowing the information provided | 11 | | to the court at any hearing or in the affidavit or verified | 12 | | pleading to be false, is guilty of perjury under Section 32-2 | 13 | | of the Criminal Code of 2012.
| 14 | | (d) An emergency firearms restraining order shall be | 15 | | issued on an ex parte basis, that is, without notice to the | 16 | | respondent.
| 17 | | (e) An emergency hearing held on an ex parte basis shall be | 18 | | held the same day that the petition is filed or the next day | 19 | | that the court is in session.
| 20 | | (f) If a circuit or associate judge finds probable cause | 21 | | to believe that the respondent poses an immediate and present | 22 | | danger of causing personal injury to himself, herself, or | 23 | | another by having in his or her custody or control, | 24 | | purchasing, possessing, or receiving a firearm , ammunition, or | 25 | | firearm parts
that could be assembled to make an operable | 26 | | firearm , the circuit or associate judge shall issue an |
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| 1 | | emergency order.
| 2 | | (f-5) If the court issues an emergency firearms | 3 | | restraining order, it shall, upon a finding of probable cause | 4 | | that the respondent possesses firearms , ammunition, or firearm | 5 | | parts
that could be assembled to make an operable firearm , | 6 | | issue a search warrant directing a law enforcement agency to | 7 | | seize the respondent's firearms , ammunition, and firearm parts | 8 | | that could
be assembled to make an operable firearm . The court | 9 | | may, as part of that warrant, direct the law enforcement | 10 | | agency to search the respondent's residence and other places | 11 | | where the court finds there is probable cause to believe he or | 12 | | she is likely to possess the firearms , ammunition, or firearm | 13 | | parts
that could be assembled to make an operable firearm. A | 14 | | return of the search warrant shall be filed by the law | 15 | | enforcement agency within 4 days thereafter, setting forth the | 16 | | time, date, and location that the search warrant was executed | 17 | | and what items, if any, were seized . | 18 | | (g) An emergency firearms restraining order shall require:
| 19 | | (1) the respondent to refrain from having in his or | 20 | | her custody or control, purchasing, possessing, or | 21 | | receiving additional firearms , ammunition, or firearm | 22 | | parts that could be assembled to make an operable firearm, | 23 | | or removing firearm parts that could be assembled to make | 24 | | an operable firearm for the duration of the order;
and | 25 | | (2) the respondent to turn over to the local law | 26 | | enforcement agency any Firearm Owner's Identification Card |
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| 1 | | and concealed carry license in his or her possession. The | 2 | | local law enforcement agency shall immediately mail the | 3 | | card and concealed carry license to the Department of | 4 | | State Police Firearm Services Bureau for safekeeping. The | 5 | | firearm or firearms , ammunition, and firearm parts that | 6 | | could
be assembled to make an operable firearm and Firearm | 7 | | Owner's Identification Card and concealed carry license, | 8 | | if unexpired, shall be returned to the respondent after | 9 | | the firearms restraining order is terminated or expired. | 10 | | (h) Except as otherwise provided in subsection (h-5) of | 11 | | this Section, upon expiration of the period of safekeeping, if | 12 | | the firearms , ammunition, and firearm parts that could
be | 13 | | assembled to make an operable firearm or Firearm Owner's | 14 | | Identification Card and concealed carry license cannot be | 15 | | returned to the respondent because the respondent cannot be | 16 | | located, fails to respond to requests to retrieve the | 17 | | firearms, or is not lawfully eligible to possess a firearm , | 18 | | ammunition, or firearm parts
that could be assembled to make | 19 | | an operable firearm , upon petition from the local law | 20 | | enforcement agency, the court may order the local law | 21 | | enforcement agency to destroy the firearms , ammunition, and | 22 | | firearm parts that could
be assembled to make an operable | 23 | | firearm , use the firearms , ammunition, and firearm parts that | 24 | | could
be assembled to make an operable firearm for training | 25 | | purposes, or use the firearms , ammunition, and firearm parts | 26 | | that could
be assembled to make an operable firearm for any |
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| 1 | | other application as deemed appropriate by the local law | 2 | | enforcement agency.
| 3 | | (h-5) A respondent whose Firearm Owner's Identification | 4 | | Card has been revoked or suspended may petition the court, if | 5 | | the petitioner is present in court or has notice of the | 6 | | respondent's petition, to transfer the respondent's firearm , | 7 | | ammunition, and firearm parts that could
be assembled to make | 8 | | an operable firearm to a person who is lawfully able to possess | 9 | | the firearm , ammunition, and firearm parts that could
be | 10 | | assembled to make an operable firearm if the person does not | 11 | | reside at the same address as the respondent. Notice of the | 12 | | petition shall be served upon the person protected by the | 13 | | emergency firearms restraining order. While the order is in | 14 | | effect, the transferee who receives the respondent's firearms , | 15 | | ammunition, and firearm parts that could be assembled to make | 16 | | an operable firearm must swear or affirm by affidavit that he | 17 | | or she shall not transfer the firearm , ammunition, and firearm | 18 | | parts that could
be assembled to make an operable firearm to | 19 | | the respondent or to anyone residing in the same residence as | 20 | | the respondent. | 21 | | (h-6) If a person other than the respondent claims title | 22 | | to any firearms , ammunition, and firearm parts that could
be | 23 | | assembled to make an operable firearm surrendered under this | 24 | | Section, he or she may petition the court, if the petitioner is | 25 | | present in court or has notice of the petition, to have the | 26 | | firearm , ammunition, and firearm parts that could be assembled |
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| 1 | | to make an operable firearm returned to him or her. If the | 2 | | court determines that person to be the lawful owner of the | 3 | | firearm , ammunition, and firearm parts that could be assembled | 4 | | to make an operable firearm , the firearm , ammunition, and | 5 | | firearm parts that could
be assembled to make an operable | 6 | | firearm shall be returned to him or her, provided that: | 7 | | (1) the firearm ,
ammunition, and firearm parts that | 8 | | could be assembled to make
an operable firearm are is | 9 | | removed from the respondent's custody, control, or | 10 | | possession and the lawful owner agrees to store the | 11 | | firearm , ammunition, and firearm parts that could
be | 12 | | assembled to make an operable firearm in a manner such | 13 | | that the respondent does not have access to or control of | 14 | | the firearm , ammunition, and firearm parts that could
be | 15 | | assembled to make an operable firearm ; and | 16 | | (2) the firearm ,
ammunition, and firearm parts that | 17 | | could be assembled to make
an operable firearm are is not | 18 | | otherwise unlawfully possessed by the owner. | 19 | | The person petitioning for the return of his or her | 20 | | firearm , ammunition, and firearm parts that could
be assembled | 21 | | to make an operable firearm must swear or affirm by affidavit | 22 | | that he or she: (i) is the lawful owner of the firearm , | 23 | | ammunition, and firearm parts that could be assembled to make | 24 | | an operable firearm ; (ii) shall not transfer the firearm , | 25 | | ammunition, and firearm parts that could
be assembled to make | 26 | | an operable firearm to the respondent; and (iii) will store |
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| 1 | | the firearm , ammunition, and firearm parts that could be | 2 | | assembled to make an operable firearm in a manner that the | 3 | | respondent does not have access to or control of the firearm , | 4 | | ammunition, and firearm parts that could
be assembled to make | 5 | | an operable firearm . | 6 | | (i) In accordance with subsection (e) of this Section, the | 7 | | court shall schedule a full hearing as soon as possible, but no | 8 | | longer than 14 days from the issuance of an ex parte firearms | 9 | | restraining order, to determine if a 6-month firearms | 10 | | restraining order shall be issued. The court may extend an ex | 11 | | parte order as needed, but not to exceed 14 days, to effectuate | 12 | | service of the order or if necessary to continue protection. | 13 | | The court may extend the order for a greater length of time by | 14 | | mutual agreement of the parties.
| 15 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | 16 | | (430 ILCS 67/40)
| 17 | | Sec. 40. Six-month orders.
| 18 | | (a) A petitioner may request a 6-month firearms | 19 | | restraining order by filing an affidavit or verified pleading | 20 | | alleging that the respondent poses a significant danger of | 21 | | causing personal injury to himself, herself, or another in the | 22 | | near future by having in his or her custody or control, | 23 | | purchasing, possessing, or receiving a firearm , ammunition, | 24 | | and firearm parts that could
be assembled to make an operable | 25 | | firearm . The petition shall also describe the number, types, |
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| 1 | | and locations of any firearms , ammunition, and firearm parts | 2 | | that could
be assembled to make an operable firearm presently | 3 | | believed by the petitioner to be possessed or controlled by | 4 | | the respondent.
| 5 | | (b) If the respondent is alleged to pose a significant | 6 | | danger of causing personal injury to an intimate partner, or | 7 | | an intimate partner is alleged to have been the target of a | 8 | | threat or act of violence by the respondent, the petitioner | 9 | | shall make a good faith effort to provide notice to any and all | 10 | | intimate partners of the respondent. The notice must include | 11 | | that the petitioner intends to petition the court for a | 12 | | 6-month firearms restraining order, and, if the petitioner is | 13 | | a law enforcement officer, referral to relevant domestic | 14 | | violence or stalking advocacy or counseling resources, if | 15 | | appropriate. The petitioner shall attest to having provided | 16 | | the notice in the filed affidavit or verified pleading. If, | 17 | | after making a good faith effort, the petitioner is unable to | 18 | | provide notice to any or all intimate partners, the affidavit | 19 | | or verified pleading should describe what efforts were made. | 20 | | (c) Every person who files a petition for a 6-month | 21 | | firearms restraining order, knowing the information provided | 22 | | to the court at any hearing or in the affidavit or verified | 23 | | pleading to be false, is guilty of perjury under Section 32-2 | 24 | | of the Criminal Code of 2012.
| 25 | | (d) Upon receipt of a petition for a 6-month firearms | 26 | | restraining order, the court shall order a hearing within 30 |
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| 1 | | days.
| 2 | | (e) In determining whether to issue a firearms restraining | 3 | | order under this Section, the court shall consider evidence | 4 | | including, but not limited to, the following:
| 5 | | (1) The unlawful and reckless use, display, or | 6 | | brandishing of a firearm , ammunition, and firearm parts | 7 | | that could
be assembled to make an operable firearm by the | 8 | | respondent.
| 9 | | (2) The history of use, attempted use, or threatened | 10 | | use of physical force by the respondent against another | 11 | | person.
| 12 | | (3) Any prior arrest of the respondent for a felony | 13 | | offense. | 14 | | (4) Evidence of the abuse of controlled substances or | 15 | | alcohol by the respondent. | 16 | | (5) A recent threat of violence or act of violence by | 17 | | the respondent directed toward himself, herself, or | 18 | | another. | 19 | | (6) A violation of an emergency order of protection | 20 | | issued under Section 217 of the Illinois Domestic Violence | 21 | | Act of 1986 or Section 112A-17 of the Code of Criminal | 22 | | Procedure of 1963 or of an order of protection issued | 23 | | under Section 214 of the Illinois Domestic Violence Act of | 24 | | 1986 or Section 112A-14 of the Code of Criminal Procedure | 25 | | of 1963.
| 26 | | (7) A pattern of violent acts or violent threats, |
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| 1 | | including, but not limited to, threats of violence or acts | 2 | | of violence by the respondent directed toward himself, | 3 | | herself, or another. | 4 | | (f) At the hearing, the petitioner shall have the burden | 5 | | of proving, by clear and convincing evidence, that the | 6 | | respondent poses a significant danger of personal injury to | 7 | | himself, herself, or another by having in his or her custody or | 8 | | control, purchasing, possessing, or receiving a firearm , | 9 | | ammunition, and firearm parts that could be assembled to make | 10 | | an operable firearm . | 11 | | (g) If the court finds that there is clear and convincing | 12 | | evidence to issue a firearms restraining order, the court | 13 | | shall issue a firearms restraining order that shall be in | 14 | | effect for 6 months subject to renewal under Section 45 of this | 15 | | Act or termination under that Section. | 16 | | (g-5) If the court issues a 6-month firearms restraining | 17 | | order, it shall, upon a finding of probable cause that the | 18 | | respondent possesses firearms , ammunition, and firearm parts | 19 | | that could
be assembled to make an operable firearm , issue a | 20 | | search warrant directing a law enforcement agency to seize the | 21 | | respondent's firearms , ammunition, and firearm parts that | 22 | | could
be assembled to make an operable firearm . The court may, | 23 | | as part of that warrant, direct the law enforcement agency to | 24 | | search the respondent's residence and other places where the | 25 | | court finds there is probable cause to believe he or she is | 26 | | likely to possess the firearms , ammunition, and firearm parts |
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| 1 | | that could
be assembled to make an operable firearm. A return | 2 | | of the search warrant shall be filed by the law enforcement | 3 | | agency within 4 days thereafter, setting forth the time, date, | 4 | | and location that the search warrant was executed and what | 5 | | items, if any, were seized . | 6 | | (h) A 6-month firearms restraining order shall require: | 7 | | (1) the respondent to refrain from having in his or | 8 | | her custody or control, purchasing, possessing, or | 9 | | receiving additional firearms , ammunition, and firearm | 10 | | parts that could
be assembled to make an operable firearm | 11 | | for the duration of the order; and | 12 | | (2) the respondent to turn over to the local law | 13 | | enforcement agency any firearm , ammunition, and firearm | 14 | | parts that could
be assembled to make an operable firearm | 15 | | or Firearm Owner's Identification Card and concealed carry | 16 | | license in his or her possession. The local law | 17 | | enforcement agency shall immediately mail the card and | 18 | | concealed carry license to the Department of State Police | 19 | | Firearm Services Bureau for safekeeping. The firearm or | 20 | | firearms , ammunition, and firearm parts that could be | 21 | | assembled to make an operable firearm and Firearm Owner's | 22 | | Identification Card and concealed carry license, if | 23 | | unexpired, shall be returned to the respondent after the | 24 | | firearms restraining order is terminated or expired. | 25 | | (i) Except as otherwise provided in subsection (i-5) of | 26 | | this Section, upon expiration of the period of safekeeping, if |
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| 1 | | the firearms , ammunition, and firearm parts that could
be | 2 | | assembled to make an operable firearm or Firearm Owner's | 3 | | Identification Card cannot be returned to the respondent | 4 | | because the respondent cannot be located, fails to respond to | 5 | | requests to retrieve the firearms , ammunition, and firearm | 6 | | parts that could
be assembled to make an operable firearm , or | 7 | | is not lawfully eligible to possess a firearm , ammunition, and | 8 | | firearm parts that could
be assembled to make an operable | 9 | | firearm , upon petition from the local law enforcement agency, | 10 | | the court may order the local law enforcement agency to | 11 | | destroy the firearms , ammunition, and firearm parts that could | 12 | | be assembled to make an operable firearm , use the firearms , | 13 | | ammunition, and firearm parts that could
be assembled to make | 14 | | an operable firearm for training purposes, or use the | 15 | | firearms , ammunition, and firearm parts that could
be | 16 | | assembled to make an operable firearm for any other | 17 | | application as deemed appropriate by the local law enforcement | 18 | | agency. | 19 | | (i-5) A respondent whose Firearm Owner's Identification | 20 | | Card has been revoked or suspended may petition the court, if | 21 | | the petitioner is present in court or has notice of the | 22 | | respondent's petition, to transfer the respondent's firearm , | 23 | | ammunition, and firearm parts that could
be assembled to make | 24 | | an operable firearm to a person who is lawfully able to possess | 25 | | the firearm , ammunition, and firearm parts that could
be | 26 | | assembled to make an operable firearm if the person does not |
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| 1 | | reside at the same address as the respondent. Notice of the | 2 | | petition shall be served upon the person protected by the | 3 | | emergency firearms restraining order. While the order is in | 4 | | effect, the transferee who receives the respondent's firearms , | 5 | | ammunition, and firearm parts that could be assembled to make | 6 | | an operable firearm must swear or affirm by affidavit that he | 7 | | or she shall not transfer the firearm , ammunition, and firearm | 8 | | parts that could
be assembled to make an operable firearm to | 9 | | the respondent or to anyone residing in the same residence as | 10 | | the respondent. | 11 | | (i-6) If a person other than the respondent claims title | 12 | | to any firearms , ammunition, and firearm parts that could
be | 13 | | assembled to make an operable firearm surrendered under this | 14 | | Section, he or she may petition the court, if the petitioner is | 15 | | present in court or has notice of the petition, to have the | 16 | | firearm , ammunition, and firearm parts that could be assembled | 17 | | to make an operable firearm returned to him or her. If the | 18 | | court determines that person to be the lawful owner of the | 19 | | firearm , ammunition, and firearm parts that could be assembled | 20 | | to make an operable firearm , the firearm , ammunition, and | 21 | | firearm parts that could
be assembled to make an operable | 22 | | firearm shall be returned to him or her, provided that: | 23 | | (1) the firearm ,
ammunition, and firearm parts that | 24 | | could be assembled to make
an operable firearm are is | 25 | | removed from the respondent's custody, control, or | 26 | | possession and the lawful owner agrees to store the |
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| 1 | | firearm , ammunition, and firearm parts that could
be | 2 | | assembled to make an operable firearm in a manner such | 3 | | that the respondent does not have access to or control of | 4 | | the firearm , ammunition, and firearm parts that could
be | 5 | | assembled to make an operable firearm ; and | 6 | | (2) the firearm ,
ammunition, and firearm parts that | 7 | | could be assembled to make
an operable firearm are is not | 8 | | otherwise unlawfully possessed by the owner. | 9 | | The person petitioning for the return of his or her | 10 | | firearm , ammunition, and firearm parts that could
be assembled | 11 | | to make an operable firearm must swear or affirm by affidavit | 12 | | that he or she: (i) is the lawful owner of the firearm , | 13 | | ammunition, and firearm parts that could be assembled to make | 14 | | an operable firearm ; (ii) shall not transfer the firearm , | 15 | | ammunition, and firearm parts that could
be assembled to make | 16 | | an operable firearm to the respondent; and (iii) will store | 17 | | the firearm , ammunition, and firearm parts that could be | 18 | | assembled to make an operable firearm in a manner that the | 19 | | respondent does not have access to or control of the firearm , | 20 | | ammunition, and firearm parts that could
be assembled to make | 21 | | an operable firearm . | 22 | | (j) If the court does not issue a firearms restraining | 23 | | order at the hearing, the court shall dissolve any emergency | 24 | | firearms restraining order then in effect. | 25 | | (k) When the court issues a firearms restraining order | 26 | | under this Section, the court shall inform the respondent that |
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| 1 | | he or she is entitled to one hearing during the period of the | 2 | | order to request a termination of the order, under Section 45 | 3 | | of this Act, and shall provide the respondent with a form to | 4 | | request a hearing.
| 5 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | 6 | | (430 ILCS 67/45)
| 7 | | Sec. 45. Termination and renewal.
| 8 | | (a) A person subject to a firearms restraining order | 9 | | issued under this Act may submit one written request at any | 10 | | time during the effective period of the order for a hearing to | 11 | | terminate the order. | 12 | | (1) The respondent shall have the burden of proving by | 13 | | a preponderance of the evidence that the respondent does | 14 | | not pose a danger of causing personal injury to himself, | 15 | | herself, or another in the near future by having in his or | 16 | | her custody or control, purchasing, possessing, or | 17 | | receiving a firearm , ammunition, and firearm parts that | 18 | | could
be assembled to make an operable firearm . | 19 | | (2) If the court finds after the hearing that the | 20 | | respondent has met his or her burden, the court shall | 21 | | terminate the order.
| 22 | | (b) A petitioner may request a renewal of a firearms | 23 | | restraining order at any time within the 3 months before the | 24 | | expiration of a firearms restraining order. | 25 | | (1) A court shall, after notice and a hearing, renew a |
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| 1 | | firearms restraining order issued under this part if the | 2 | | petitioner proves, by clear and convincing evidence, that | 3 | | the respondent continues to pose a danger of causing | 4 | | personal injury to himself, herself, or another in the | 5 | | near future by having in his or her custody or control, | 6 | | purchasing, possessing, or receiving a firearm , | 7 | | ammunition, and firearm parts that could be assembled to | 8 | | make an operable firearm . | 9 | | (2) In determining whether to renew a firearms | 10 | | restraining order issued under this Act, the court shall | 11 | | consider evidence of the facts identified in subsection | 12 | | (e) of Section 40 of this Act and any other evidence of an | 13 | | increased risk for violence. | 14 | | (3) At the hearing, the petitioner shall have the | 15 | | burden of proving by clear and convincing evidence that | 16 | | the respondent continues to pose a danger of causing | 17 | | personal injury to himself, herself, or another in the | 18 | | near future by having in his or her custody or control, | 19 | | purchasing, possessing, or receiving a firearm , | 20 | | ammunition, and firearm parts that could be assembled to | 21 | | make an operable firearm . | 22 | | (4) The renewal of a firearms restraining order issued | 23 | | under this Section shall be in effect for 6 months, | 24 | | subject to termination by further order of the court at a | 25 | | hearing held under this Section and further renewal by | 26 | | further order of the court under this Section.
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| 1 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | 2 | | (430 ILCS 67/85 new) | 3 | | Sec. 85. Report to the General Assembly. The Illinois
| 4 | | State Police shall submit a yearly report to the General
| 5 | | Assembly or make available on its website the number of
| 6 | | petitions entered into the Law Enforcement Agencies Data
| 7 | | System.
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