Illinois General Assembly - Full Text of HB5445
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Full Text of HB5445  102nd General Assembly

HB5445eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5445 EngrossedLRB102 25393 RLC 34675 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois State Police Law of the Civil
5Administrative Code of Illinois is amended by changing Section
62605-51.1 as follows:
 
7    (20 ILCS 2605/2605-51.1)
8    (This Section may contain text from a Public Act with a
9delayed effective date)
10    (Section scheduled to be repealed on June 1, 2026)
11    Sec. 2605-51.1 2605-51. Commission on Implementing the
12Firearms Restraining Order Act.
13    (a) There is created the Commission on Implementing the
14Firearms Restraining Order Act composed of at least 12 members
15to advise on the strategies of education and implementation of
16the Firearms Restraining Order Act. The Commission shall be
17appointed by the Director of the Illinois State Police or his
18or her designee within 60 days after the effective date of this
19amendatory Act of the 102nd General Assembly and shall include
20a liaison or representative nominated from the following:
21        (1) the Office of the Attorney General, appointed by
22    the Attorney General;
23        (2) the Director of the Illinois State Police or his

 

 

HB5445 Engrossed- 2 -LRB102 25393 RLC 34675 b

1    or her designee;
2        (3) at least 3 State's Attorneys, nominated by the
3    Director of the Office of the State's Attorneys Appellate
4    Prosecutor;
5        (4) at least 2 municipal police department
6    representatives, nominated by the Illinois Association of
7    Chiefs of Police;
8        (5) an Illinois sheriff, nominated by the Illinois
9    Sheriffs' Association;
10        (6) the Director of Public Health or his or her
11    designee;
12        (7) the Illinois Law Enforcement Training Standards
13    Board, nominated by the Executive Director of the Board;
14        (8) a representative from a public defender's office,
15    nominated by the State Appellate Defender;
16        (9) a circuit court judge, nominated by the Chief
17    Justice of the Supreme Court;
18        (10) a prosecutor with experience managing or
19    directing a program in another state where the
20    implementation of that state's extreme risk protection
21    order law has achieved high rates of petition filings
22    nominated by the National District Attorneys Association;
23    and
24        (11) an expert from law enforcement who has experience
25    managing or directing a program in another state where the
26    implementation of that state's extreme risk protection

 

 

HB5445 Engrossed- 3 -LRB102 25393 RLC 34675 b

1    order law has achieved high rates of petition filings
2    nominated by the Director of the Illinois State Police.
3    (b) The Commission shall be chaired by the Director of the
4Illinois State Police or his or her designee. The Commission
5shall meet, either virtually or in person, to discuss the
6implementation of the Firearms Restraining Order Act as
7determined by the Commission while the strategies are being
8established.
9    (c) The members of the Commission shall serve without
10compensation and shall serve 3-year terms.
11    (d) An annual report shall be submitted to the General
12Assembly by the Commission that may include summary
13information about firearms restraining order use by county,
14challenges to Firearms Restraining Order Act implementation,
15and recommendations for increasing and improving
16implementation.
17    (e) The Commission shall develop a model policy with an
18overall framework for the timely relinquishment of firearms
19whenever a firearms restraining order is issued. The model
20policy shall be finalized within the first 4 months of
21convening. In formulating the model policy, the Commission
22shall consult counties in Illinois and other states with
23extreme risk protection order laws which have achieved a high
24rate of petition filings. Once approved, the Illinois State
25Police shall work with their local law enforcement agencies
26within their county to design a comprehensive strategy for the

 

 

HB5445 Engrossed- 4 -LRB102 25393 RLC 34675 b

1timely relinquishment of firearms, using the model policy as
2an overall framework. Each individual agency may make small
3modifications as needed to the model policy and must approve
4and adopt a policy that aligns with the model policy. The
5Illinois State Police shall convene local police chiefs and
6sheriffs within their county as needed to discuss the
7relinquishment of firearms.
8    (f) The Commission shall be dissolved June 1, 2025 (3
9years after the effective date of Public Act 102-345) this
10amendatory Act of the 102nd General Assembly.
11    (g) This Section is repealed June 1, 2026 (4 years after
12the effective date of Public Act 102-345) this amendatory Act
13of the 102nd General Assembly.
14(Source: P.A. 102-345, eff. 6-1-22; revised 11-3-21.)
 
15    Section 99. Effective date. This Act takes effect June 1,
162022.