Illinois General Assembly - Full Text of HB3483
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Full Text of HB3483  102nd General Assembly

HB3483 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3483

 

Introduced 2/22/2021, by Rep. Denyse Stoneback

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders.


LRB102 10141 RLC 15463 b

 

 

A BILL FOR

 

HB3483LRB102 10141 RLC 15463 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended 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
10available funding, shall conduct a program to promote
11awareness of firearms restraining orders to the general
12public. 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 victims of
19    domestic violence who may benefit from awareness of the
20    Firearms Restraining Order Act and how to safely and
21    discreetly determine if a potential abuser possesses a
22    firearm; and
23        (3) specific information on situations in which a

 

 

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1    firearms restraining order may be appropriate such as with
2    situations of domestic violence, mental health crisis, or
3    anyone who is at risk of injuring themselves or others.
4    (b) Beginning July 1, 2022, the program must include the
5development and dissemination, through print, digital, and
6broadcast media, of public service announcements that
7publicize the options victims of domestic violence have to
8seek help with special emphasis on the firearms restraining
9order.
 
10    Section 10. The Illinois Police Training Act is amended by
11adding Section 7.1 as follows:
 
12    (50 ILCS 705/7.1 new)
13    Sec. 7.1. Firearms restraining order training.
14    (a) The Illinois Law Enforcement Training Standards Board
15shall develop and approve a standard curriculum for a training
16program on the Firearms Restraining Order Act. The Board shall
17conduct a training program that trains officers on the use of
18firearms restraining orders, how to identify situations in
19which a firearms restraining order is appropriate, and how to
20safely promote the usage of the firearms restraining order in
21a domestic violence situation. Officers who have successfully
22completed this program shall be issued a certificate attesting
23to their attendance.
24    (b) Every law enforcement officer shall complete this

 

 

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1training once each year.
 
2    Section 15. The Firearms Restraining Order Act is amended
3by changing Sections 5, 10, 35, 40, and 45 and by adding
4Section 85 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
8spouse, person with whom the respondent has or allegedly has a
9child in common, parent, child, or step-child of the
10respondent, any other person related by blood or present
11marriage to the respondent, or a person who shares a common
12dwelling with the respondent.
13    "Firearms restraining order" means an order issued by the
14court, prohibiting and enjoining a named person from having in
15his or her custody or control, purchasing, possessing, or
16receiving any firearms or ammunition.
17    "Intimate partner" means a spouse, former spouse, a person
18with whom the respondent has or allegedly has a child in
19common, or a person with whom the respondent has or has had a
20dating or engagement relationship.
21    "Petitioner" means:
22        (1) a family member of the respondent as defined in
23    this Act; or
24        (2) a law enforcement officer who files a petition

 

 

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1    alleging that the respondent poses a danger of causing
2    personal injury to himself, herself, or another by having
3    in his or her custody or control, purchasing, possessing,
4    or receiving a firearm or ammunition.
5    "Respondent" means the person alleged in the petition to
6pose a danger of causing personal injury to himself, herself,
7or another by having in his or her custody or control,
8purchasing, possessing, or receiving a firearm or ammunition.
9(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
10    (430 ILCS 67/10)
11    Sec. 10. Commencement of action; procedure.
12    (a) An action for a firearms restraining order is
13commenced by filing a verified petition for a firearms
14restraining order in any circuit court.
15    (b) A petition for a firearms restraining order may be
16filed in: (1) any county where the respondent resides or (2)
17any county where an incident occurred that involved the
18respondent posing an immediate and present danger of causing
19personal injury to the respondent or another by having in his
20or her custody or control, or purchasing, possessing, or
21receiving, a firearm or ammunition.
22    (c) No fee shall be charged by the clerk for filing,
23amending, vacating, certifying, printing, or photocopying
24petitions or orders; or for issuing alias summons; or for any
25related filing service. No fee shall be charged by the sheriff

 

 

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1or other law enforcement for service by the sheriff or other
2law enforcement of a petition, rule, motion, or order in an
3action commenced under this Section.
4    (d) The court shall provide, through the office of the
5clerk of the court, simplified forms and clerical assistance
6to help with the writing and filing of a petition under this
7Section by any person not represented by counsel. In addition,
8that assistance may be provided by the State's Attorney.
9(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
10    (430 ILCS 67/35)
11    Sec. 35. Ex parte orders and emergency hearings.
12    (a) A petitioner may request an emergency firearms
13restraining order by filing an affidavit or verified pleading
14alleging that the respondent poses an immediate and present
15danger of causing personal injury to himself, herself, or
16another by having in his or her custody or control,
17purchasing, possessing, or receiving a firearm or ammunition.
18The petition shall also describe the type and location of any
19firearm or firearms or ammunition presently believed by the
20petitioner to be possessed or controlled by the respondent.
21    (b) If the respondent is alleged to pose an immediate and
22present danger of causing personal injury to an intimate
23partner, or an intimate partner is alleged to have been the
24target of a threat or act of violence by the respondent, the
25petitioner shall make a good faith effort to provide notice to

 

 

HB3483- 6 -LRB102 10141 RLC 15463 b

1any and all intimate partners of the respondent. The notice
2must include that the petitioner intends to petition the court
3for an emergency firearms restraining order, and, if the
4petitioner is a law enforcement officer, referral to relevant
5domestic violence or stalking advocacy or counseling
6resources, if appropriate. The petitioner shall attest to
7having provided the notice in the filed affidavit or verified
8pleading. If, after making a good faith effort, the petitioner
9is unable to provide notice to any or all intimate partners,
10the affidavit or verified pleading should describe what
11efforts were made.
12    (c) Every person who files a petition for an emergency
13firearms restraining order, knowing the information provided
14to the court at any hearing or in the affidavit or verified
15pleading to be false, is guilty of perjury under Section 32-2
16of the Criminal Code of 2012.
17    (d) An emergency firearms restraining order shall be
18issued on an ex parte basis, that is, without notice to the
19respondent.
20    (e) An emergency hearing held on an ex parte basis shall be
21held the same day that the petition is filed or the next day
22that the court is in session.
23    (f) If a circuit or associate judge finds probable cause
24to believe that the respondent poses an immediate and present
25danger of causing personal injury to himself, herself, or
26another by having in his or her custody or control,

 

 

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1purchasing, possessing, or receiving a firearm or ammunition,
2the circuit or associate judge shall issue an emergency order.
3    (f-5) If the court issues an emergency firearms
4restraining order, it shall, upon a finding of probable cause
5that the respondent possesses firearms or ammunition, issue a
6search warrant directing a law enforcement agency to seize the
7respondent's firearms and ammunition. The court may, as part
8of that warrant, direct the law enforcement agency to search
9the respondent's residence and other places where the court
10finds there is probable cause to believe he or she is likely to
11possess the firearms or ammunition. A return of the search
12warrant shall be filed by the law enforcement agency within 4
13days thereafter, setting forth the time, date, and location
14that the search warrant was executed and what items, if any,
15were seized.
16    (g) An emergency firearms restraining order shall require:
17        (1) the respondent to refrain from having in his or
18    her custody or control, purchasing, possessing, or
19    receiving additional firearms or ammunition for the
20    duration of the order; and
21        (2) the respondent to turn over to the local law
22    enforcement agency any Firearm Owner's Identification Card
23    and concealed carry license in his or her possession. The
24    local law enforcement agency shall immediately mail the
25    card and concealed carry license to the Department of
26    State Police Firearm Services Bureau for safekeeping. The

 

 

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1    firearm or firearms and ammunition and Firearm Owner's
2    Identification Card and concealed carry license, if
3    unexpired, shall be returned to the respondent after the
4    firearms restraining order is terminated or expired.
5    (h) Except as otherwise provided in subsection (h-5) of
6this Section, upon expiration of the period of safekeeping, if
7the firearms and ammunition or Firearm Owner's Identification
8Card and concealed carry license cannot be returned to the
9respondent because the respondent cannot be located, fails to
10respond to requests to retrieve the firearms, or is not
11lawfully eligible to possess a firearm or ammunition, upon
12petition from the local law enforcement agency, the court may
13order the local law enforcement agency to destroy the firearms
14and ammunition, use the firearms and ammunition for training
15purposes, or use the firearms and ammunition for any other
16application as deemed appropriate by the local law enforcement
17agency.
18    (h-5) A respondent whose Firearm Owner's Identification
19Card has been revoked or suspended may petition the court, if
20the petitioner is present in court or has notice of the
21respondent's petition, to transfer the respondent's firearm
22and ammunition to a person who is lawfully able to possess the
23firearm and ammunition if the person does not reside at the
24same address as the respondent. Notice of the petition shall
25be served upon the person protected by the emergency firearms
26restraining order. While the order is in effect, the

 

 

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1transferee who receives the respondent's firearms and
2ammunition must swear or affirm by affidavit that he or she
3shall not transfer the firearm and ammunition to the
4respondent or to anyone residing in the same residence as the
5respondent.
6    (h-6) If a person other than the respondent claims title
7to any firearms and ammunition surrendered under this Section,
8he or she may petition the court, if the petitioner is present
9in court or has notice of the petition, to have the firearm and
10ammunition returned to him or her. If the court determines
11that person to be the lawful owner of the firearm and
12ammunition, the firearm and ammunition shall be returned to
13him or her, provided that:
14        (1) the firearm and ammunition are is removed from the
15    respondent's custody, control, or possession and the
16    lawful owner agrees to store the firearm and ammunition in
17    a manner such that the respondent does not have access to
18    or control of the firearm and ammunition; and
19        (2) the firearm and ammunition is not otherwise
20    unlawfully possessed by the owner.
21    The person petitioning for the return of his or her
22firearm and ammunition must swear or affirm by affidavit that
23he or she: (i) is the lawful owner of the firearm and
24ammunition; (ii) shall not transfer the firearm and ammunition
25to the respondent; and (iii) will store the firearm and
26ammunition in a manner that the respondent does not have

 

 

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1access to or control of the firearm and ammunition.
2    (i) In accordance with subsection (e) of this Section, the
3court shall schedule a full hearing as soon as possible, but no
4longer than 14 days from the issuance of an ex parte firearms
5restraining order, to determine if a 6-month firearms
6restraining order shall be issued. The court may extend an ex
7parte order as needed, but not to exceed 14 days, to effectuate
8service of the order or if necessary to continue protection.
9The court may extend the order for a greater length of time by
10mutual agreement of the parties.
11(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
12    (430 ILCS 67/40)
13    Sec. 40. Six-month orders.
14    (a) A petitioner may request a 6-month firearms
15restraining order by filing an affidavit or verified pleading
16alleging that the respondent poses a significant danger of
17causing personal injury to himself, herself, or another in the
18near future by having in his or her custody or control,
19purchasing, possessing, or receiving a firearm and ammunition.
20The petition shall also describe the number, types, and
21locations of any firearms and ammunition presently believed by
22the petitioner to be possessed or controlled by the
23respondent.
24    (b) If the respondent is alleged to pose a significant
25danger of causing personal injury to an intimate partner, or

 

 

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1an intimate partner is alleged to have been the target of a
2threat or act of violence by the respondent, the petitioner
3shall make a good faith effort to provide notice to any and all
4intimate partners of the respondent. The notice must include
5that the petitioner intends to petition the court for a
66-month firearms restraining order, and, if the petitioner is
7a law enforcement officer, referral to relevant domestic
8violence or stalking advocacy or counseling resources, if
9appropriate. The petitioner shall attest to having provided
10the notice in the filed affidavit or verified pleading. If,
11after making a good faith effort, the petitioner is unable to
12provide notice to any or all intimate partners, the affidavit
13or verified pleading should describe what efforts were made.
14    (c) Every person who files a petition for a 6-month
15firearms restraining order, knowing the information provided
16to the court at any hearing or in the affidavit or verified
17pleading to be false, is guilty of perjury under Section 32-2
18of the Criminal Code of 2012.
19    (d) Upon receipt of a petition for a 6-month firearms
20restraining order, the court shall order a hearing within 30
21days.
22    (e) In determining whether to issue a firearms restraining
23order under this Section, the court shall consider evidence
24including, but not limited to, the following:
25        (1) The unlawful and reckless use, display, or
26    brandishing of a firearm and ammunition by the respondent.

 

 

HB3483- 12 -LRB102 10141 RLC 15463 b

1        (2) The history of use, attempted use, or threatened
2    use of physical force by the respondent against another
3    person.
4        (3) Any prior arrest of the respondent for a felony
5    offense.
6        (4) Evidence of the abuse of controlled substances or
7    alcohol by the respondent.
8        (5) A recent threat of violence or act of violence by
9    the respondent directed toward himself, herself, or
10    another.
11        (6) A violation of an emergency order of protection
12    issued under Section 217 of the Illinois Domestic Violence
13    Act of 1986 or Section 112A-17 of the Code of Criminal
14    Procedure of 1963 or of an order of protection issued
15    under Section 214 of the Illinois Domestic Violence Act of
16    1986 or Section 112A-14 of the Code of Criminal Procedure
17    of 1963.
18        (7) A pattern of violent acts or violent threats,
19    including, but not limited to, threats of violence or acts
20    of violence by the respondent directed toward himself,
21    herself, or another.
22    (f) At the hearing, the petitioner shall have the burden
23of proving, by clear and convincing evidence, that the
24respondent poses a significant danger of personal injury to
25himself, herself, or another by having in his or her custody or
26control, purchasing, possessing, or receiving a firearm and

 

 

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1ammunition.
2    (g) If the court finds that there is clear and convincing
3evidence to issue a firearms restraining order, the court
4shall issue a firearms restraining order that shall be in
5effect for 6 months subject to renewal under Section 45 of this
6Act or termination under that Section.
7    (g-5) If the court issues a 6-month firearms restraining
8order, it shall, upon a finding of probable cause that the
9respondent possesses firearms and ammunition, issue a search
10warrant directing a law enforcement agency to seize the
11respondent's firearms and ammunition. The court may, as part
12of that warrant, direct the law enforcement agency to search
13the respondent's residence and other places where the court
14finds there is probable cause to believe he or she is likely to
15possess the firearms and ammunition. A return of the search
16warrant shall be filed by the law enforcement agency within 4
17days thereafter, setting forth the time, date, and location
18that the search warrant was executed and what items, if any,
19were seized.
20    (h) A 6-month firearms restraining order shall require:
21        (1) the respondent to refrain from having in his or
22    her custody or control, purchasing, possessing, or
23    receiving additional firearms and ammunition for the
24    duration of the order; and
25        (2) the respondent to turn over to the local law
26    enforcement agency any firearm and ammunition or Firearm

 

 

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1    Owner's Identification Card and concealed carry license in
2    his or her possession. The local law enforcement agency
3    shall immediately mail the card and concealed carry
4    license to the Department of State Police Firearm Services
5    Bureau for safekeeping. The firearm or firearms and
6    ammunition and Firearm Owner's Identification Card and
7    concealed carry license, if unexpired, shall be returned
8    to the respondent after the firearms restraining order is
9    terminated or expired.
10    (i) Except as otherwise provided in subsection (i-5) of
11this Section, upon expiration of the period of safekeeping, if
12the firearms and ammunition or Firearm Owner's Identification
13Card cannot be returned to the respondent because the
14respondent cannot be located, fails to respond to requests to
15retrieve the firearms and ammunition, or is not lawfully
16eligible to possess a firearm and ammunition, upon petition
17from the local law enforcement agency, the court may order the
18local law enforcement agency to destroy the firearms and
19ammunition, use the firearms and ammunition for training
20purposes, or use the firearms and ammunition for any other
21application as deemed appropriate by the local law enforcement
22agency.
23    (i-5) A respondent whose Firearm Owner's Identification
24Card has been revoked or suspended may petition the court, if
25the petitioner is present in court or has notice of the
26respondent's petition, to transfer the respondent's firearm

 

 

HB3483- 15 -LRB102 10141 RLC 15463 b

1and ammunition to a person who is lawfully able to possess the
2firearm and ammunition if the person does not reside at the
3same address as the respondent. Notice of the petition shall
4be served upon the person protected by the emergency firearms
5restraining order. While the order is in effect, the
6transferee who receives the respondent's firearms and
7ammunition must swear or affirm by affidavit that he or she
8shall not transfer the firearm and ammunition to the
9respondent or to anyone residing in the same residence as the
10respondent.
11    (i-6) If a person other than the respondent claims title
12to any firearms and ammunition surrendered under this Section,
13he or she may petition the court, if the petitioner is present
14in court or has notice of the petition, to have the firearm and
15ammunition returned to him or her. If the court determines
16that person to be the lawful owner of the firearm and
17ammunition, the firearm and ammunition shall be returned to
18him or her, provided that:
19        (1) the firearm and ammunition are is removed from the
20    respondent's custody, control, or possession and the
21    lawful owner agrees to store the firearm and ammunition in
22    a manner such that the respondent does not have access to
23    or control of the firearm and ammunition; and
24        (2) the firearm and ammunition are is not otherwise
25    unlawfully possessed by the owner.
26    The person petitioning for the return of his or her

 

 

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1firearm and ammunition must swear or affirm by affidavit that
2he or she: (i) is the lawful owner of the firearm and
3ammunition; (ii) shall not transfer the firearm and ammunition
4to the respondent; and (iii) will store the firearm and
5ammunition in a manner that the respondent does not have
6access to or control of the firearm and ammunition.
7    (j) If the court does not issue a firearms restraining
8order at the hearing, the court shall dissolve any emergency
9firearms restraining order then in effect.
10    (k) When the court issues a firearms restraining order
11under this Section, the court shall inform the respondent that
12he or she is entitled to one hearing during the period of the
13order to request a termination of the order, under Section 45
14of this Act, and shall provide the respondent with a form to
15request a hearing.
16(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
17    (430 ILCS 67/45)
18    Sec. 45. Termination and renewal.
19    (a) A person subject to a firearms restraining order
20issued under this Act may submit one written request at any
21time during the effective period of the order for a hearing to
22terminate the order.
23        (1) The respondent shall have the burden of proving by
24    a preponderance of the evidence that the respondent does
25    not pose a danger of causing personal injury to himself,

 

 

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1    herself, or another in the near future by having in his or
2    her custody or control, purchasing, possessing, or
3    receiving a firearm and ammunition.
4        (2) If the court finds after the hearing that the
5    respondent has met his or her burden, the court shall
6    terminate the order.
7    (b) A petitioner may request a renewal of a firearms
8restraining order at any time within the 3 months before the
9expiration of a firearms restraining order.
10        (1) A court shall, after notice and a hearing, renew a
11    firearms restraining order issued under this part if the
12    petitioner proves, by clear and convincing evidence, that
13    the respondent continues to pose a danger of causing
14    personal injury to himself, herself, or another in the
15    near future by having in his or her custody or control,
16    purchasing, possessing, or receiving a firearm and
17    ammunition.
18        (2) In determining whether to renew a firearms
19    restraining order issued under this Act, the court shall
20    consider evidence of the facts identified in subsection
21    (e) of Section 40 of this Act and any other evidence of an
22    increased risk for violence.
23        (3) At the hearing, the petitioner shall have the
24    burden of proving by clear and convincing evidence that
25    the respondent continues to pose a danger of causing
26    personal injury to himself, herself, or another in the

 

 

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1    near future by having in his or her custody or control,
2    purchasing, possessing, or receiving a firearm and
3    ammunition.
4        (4) The renewal of a firearms restraining order issued
5    under this Section shall be in effect for 6 months,
6    subject to termination by further order of the court at a
7    hearing held under this Section and further renewal by
8    further order of the court under this Section.
9(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
10    (430 ILCS 67/85 new)
11    Sec. 85. Report to the General Assembly. The Illinois
12State Police shall submit a yearly report to the General
13Assembly. This report shall include, but is not limited to,
14the following information:
15        (1) the number of petitions for firearms restraining
16    orders filed;
17        (2) the number of petitions for firearms restraining
18    orders granted;
19        (3) category of petitioner (number of cases filed
20    totaled by type of family member and type of law
21    enforcement agency);
22        (4) the total number of firearms seized; and
23        (5) common reasons given for petitioning for firearms
24    restraining orders.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    20 ILCS 2310/2310-705 new
4    50 ILCS 705/7.1 new
5    430 ILCS 67/5
6    430 ILCS 67/10
7    430 ILCS 67/35
8    430 ILCS 67/40
9    430 ILCS 67/45
10    430 ILCS 67/85 new