Full Text of HB3991 96th General Assembly
HB3991sam001 96TH GENERAL ASSEMBLY
|
Sen. Heather Steans
Filed: 5/12/2009
|
|
09600HB3991sam001 |
|
LRB096 08419 RLC 26262 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 3991
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3991 by replacing | 3 |
| all of page 15 and lines 1 through 8 on page 16 with the | 4 |
| following:
| 5 |
| "(14.5) Prohibition of firearm possession.
| 6 |
| (a) When a complaint is made
under a request for an | 7 |
| order of protection, that the respondent has | 8 |
| threatened
or is likely to use firearms illegally | 9 |
| against the petitioner , and the
respondent is present | 10 |
| in court, or has failed to appear after receiving | 11 |
| actual
notice , the court shall examine on oath the | 12 |
| petitioner, and any witnesses who
may be produced. If | 13 |
| the court is satisfied that there is any danger of the
| 14 |
| illegal use of firearms, and the respondent is present | 15 |
| in court, it shall issue an order that any firearms in | 16 |
| the
possession of the respondent, except as provided in | 17 |
| subsection (b), be turned
over to the local law | 18 |
| enforcement agency
for safekeeping. If the court is |
|
|
|
09600HB3991sam001 |
- 2 - |
LRB096 08419 RLC 26262 a |
|
| 1 |
| satisfied that there is any danger of the illegal use | 2 |
| of firearms, and the respondent is present in court, it | 3 |
| shall issue an order that the respondent's Firearms | 4 |
| Owner's Identification Card be turned over to the local | 5 |
| law enforcement agency for safekeeping. If the court is | 6 |
| satisfied that there is any danger of the illegal use | 7 |
| of firearms, and if If the respondent is not present in | 8 |
| court has failed to appear , the court shall
issue a | 9 |
| warrant for seizure of the respondent's Firearms | 10 |
| Owner's Identification Card and any firearm in the | 11 |
| possession of the respondent , except as provided in | 12 |
| subsection (b), be turned over to the local law | 13 |
| enforcement agency for safekeeping .
The period of | 14 |
| safekeeping shall be for a stated period of time not to | 15 |
| exceed 2
years. The firearm or firearms shall be | 16 |
| returned to the respondent at the end
of the stated | 17 |
| period or at expiration of the order of protection, | 18 |
| whichever is
sooner.
| 19 |
| (b) If the respondent is a peace officer as defined | 20 |
| in Section 2-13 of
the
Criminal Code of 1961, the court | 21 |
| shall order that any firearms used by the
respondent in | 22 |
| the performance of his or her duties as a
peace officer | 23 |
| be surrendered to
the chief law enforcement executive | 24 |
| of the agency in which the respondent is
employed, who | 25 |
| shall retain the firearms for safekeeping for the | 26 |
| stated period
not to exceed 2 years as set forth in the |
|
|
|
09600HB3991sam001 |
- 3 - |
LRB096 08419 RLC 26262 a |
|
| 1 |
| court order. | 2 |
| (c) Upon expiration of the period of safekeeping, | 3 |
| if the firearms or Firearms Owner's Identification | 4 |
| Card cannot be returned to respondent because | 5 |
| respondent cannot be located, fails to respond to | 6 |
| requests to retrieve the firearms, or is not lawfully | 7 |
| eligible to possess a firearm, upon petition from the | 8 |
| local law enforcement agency, the court may order the | 9 |
| local law enforcement agency to destroy the firearms, | 10 |
| use the firearms for training purposes, or for any | 11 |
| other application as deemed appropriate by the local | 12 |
| law 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. "; and
| 16 |
| on page 21, line 2, by replacing "Section 214" with "Sections | 17 |
| 214 and 217"; and | 18 |
| on page 22, line 13, by replacing "residence or household" with | 19 |
| "residence , or household , or premises "; and | 20 |
| on page 22, line 16, by inserting " , household, or premises " | 21 |
| after "residence"; and | 22 |
| on page 37, by inserting immediately below line 26 the |
|
|
|
09600HB3991sam001 |
- 4 - |
LRB096 08419 RLC 26262 a |
|
| 1 |
| following:
| 2 |
| "(750 ILCS 60/217) (from Ch. 40, par. 2312-17)
| 3 |
| Sec. 217. Emergency order of protection.
| 4 |
| (a) Prerequisites. An emergency order of protection shall | 5 |
| issue if
petitioner satisfies the requirements of this | 6 |
| subsection for one or more of the
requested remedies. For each | 7 |
| remedy requested, petitioner shall establish
that:
| 8 |
| (1) The court has jurisdiction under Section 208;
| 9 |
| (2) The requirements of Section 214 are satisfied; and
| 10 |
| (3) There is good cause to grant the remedy, regardless | 11 |
| of prior service
of process or of notice upon the | 12 |
| respondent, because:
| 13 |
| (i) For
the remedies of "prohibition of abuse" | 14 |
| described in
Section 214(b)(1), "stay away order and | 15 |
| additional prohibitions" described in
Section
| 16 |
| 214(b)(3), "removal or concealment of minor child" | 17 |
| described in Section
214(b)(8), "order to appear" | 18 |
| described in Section 214(b)(9), "physical
care and | 19 |
| possession of the minor child" described in Section | 20 |
| 214(b)(5),
"protection of property" described in | 21 |
| Section 214(b)(11), "prohibition
of entry" described | 22 |
| in Section 214(b)(14), "prohibition of firearm | 23 |
| possession" described in Section 214(b)(14.5), | 24 |
| "prohibition of access to
records" described in | 25 |
| Section 214(b)(15), and "injunctive relief"
described |
|
|
|
09600HB3991sam001 |
- 5 - |
LRB096 08419 RLC 26262 a |
|
| 1 |
| in Section 214(b)(16), the harm which that remedy
is | 2 |
| intended to prevent would be likely to occur if the | 3 |
| respondent were given
any prior notice, or greater | 4 |
| notice than was actually given, of the
petitioner's | 5 |
| efforts to obtain judicial relief;
| 6 |
| (ii) For the remedy of "grant of exclusive | 7 |
| possession of
residence" described in Section | 8 |
| 214(b)(2), the immediate danger of further
abuse of | 9 |
| petitioner by respondent,
if petitioner chooses or had | 10 |
| chosen to remain in the residence or household
while | 11 |
| respondent was given any prior notice or greater notice | 12 |
| than was
actually given of petitioner's efforts to | 13 |
| obtain judicial relief,
outweighs the hardships to | 14 |
| respondent of an emergency order
granting petitioner | 15 |
| exclusive possession of the residence or household.
| 16 |
| This remedy shall not be denied because petitioner has | 17 |
| or could obtain
temporary shelter elsewhere while | 18 |
| prior notice is given to respondent, unless
the
| 19 |
| hardships to respondent from exclusion from the home | 20 |
| substantially outweigh
those to petitioner;
| 21 |
| (iii) For the remedy of "possession of personal | 22 |
| property"
described in
Section 214(b)(10), improper | 23 |
| disposition of the personal
property would be likely
to | 24 |
| occur if respondent were given any prior notice, or | 25 |
| greater notice than
was actually given, of | 26 |
| petitioner's efforts to obtain judicial relief, or
|
|
|
|
09600HB3991sam001 |
- 6 - |
LRB096 08419 RLC 26262 a |
|
| 1 |
| petitioner has an immediate and pressing need for | 2 |
| possession of that property.
| 3 |
| An emergency order may not include the counseling, legal | 4 |
| custody, payment
of support or monetary compensation remedies.
| 5 |
| (b) Appearance by respondent.
If respondent appears in | 6 |
| court for this hearing for an emergency order,
he or she may | 7 |
| elect to file a general appearance and testify.
Any resulting | 8 |
| order may be an emergency order, governed
by this Section.
| 9 |
| Notwithstanding the requirements of this Section, if all | 10 |
| requirements of
Section 218 have been met, the court may issue | 11 |
| a 30-day interim order.
| 12 |
| (c) Emergency orders: court holidays and evenings.
| 13 |
| (1) Prerequisites. When the court is unavailable at the | 14 |
| close of
business, the petitioner may file a petition for a | 15 |
| 21-day emergency order
before any available circuit judge | 16 |
| or associate judge who may grant relief
under this Act. If | 17 |
| the judge finds that there is an immediate and present
| 18 |
| danger of abuse to petitioner and that petitioner has | 19 |
| satisfied the
prerequisites set forth in subsection (a) of | 20 |
| Section 217, that judge may
issue an emergency order of | 21 |
| protection.
| 22 |
| (1.5) Issuance of order. The chief judge of the circuit | 23 |
| court
may designate for each county in the circuit at least | 24 |
| one judge to be
reasonably available to
issue orally, by | 25 |
| telephone, by facsimile, or otherwise, an emergency
order | 26 |
| of protection at all times, whether or not the court is in |
|
|
|
09600HB3991sam001 |
- 7 - |
LRB096 08419 RLC 26262 a |
|
| 1 |
| session.
| 2 |
| (2) Certification and transfer. Any order issued under | 3 |
| this Section and
any documentation in support thereof shall | 4 |
| be certified on the next court
day to the appropriate | 5 |
| court. The clerk of that court shall immediately
assign a | 6 |
| case number, file the petition, order and other documents | 7 |
| with the
court, and enter the order of record and file it | 8 |
| with the sheriff for
service, in accordance with Section | 9 |
| 222. Filing the petition
shall commence proceedings for | 10 |
| further relief under Section 202.
Failure to comply with | 11 |
| the requirements of this subsection shall not
affect the | 12 |
| validity of the order.
| 13 |
| (Source: P.A. 90-392, eff. 1-1-98.)".
|
|