Full Text of HB0772 100th General Assembly
HB0772sam001 100TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 2/28/2018
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| 1 | | AMENDMENT TO HOUSE BILL 772
| 2 | | AMENDMENT NO. ______. Amend House Bill 772 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Lethal Violence Order of Protection Act. | 6 | | Section 5. Definitions.
In this Act: | 7 | | "Family member of the respondent" means a spouse, parent, | 8 | | child, or step-child of the respondent, any other person | 9 | | related by blood or present marriage to the respondent, or a | 10 | | person who shares a common dwelling with the respondent. | 11 | | "Intimate partner" means a spouse, former spouse, a person | 12 | | with whom the respondent has or allegedly has a child in | 13 | | common, or a person with whom the respondent has or has had a | 14 | | dating or engagement relationship. | 15 | | "Lethal violence order of protection" means an order issued | 16 | | by the court, prohibiting and enjoining a named person from |
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| 1 | | having in his or her custody or control, owning, purchasing, | 2 | | possessing, or receiving any firearms.
| 3 | | "Petitioner" means: | 4 | | (1) a family member of the respondent as defined in | 5 | | this Act; or
| 6 | | (2) a law enforcement officer,
who files a petition | 7 | | alleging that the respondent poses a danger of causing | 8 | | personal injury to himself, herself, or another by having | 9 | | in his or her custody or control, owning, purchasing, | 10 | | possessing, or receiving a firearm. | 11 | | "Respondent" means the person alleged in the petition to | 12 | | pose a danger of causing personal injury to himself, herself, | 13 | | or another by having in his or her custody or control, owning, | 14 | | purchasing, possessing, or receiving a firearm. | 15 | | Section 10. Commencement of action; procedure.
| 16 | | (a) Actions for a lethal violence order of protection are | 17 | | commenced by filing a verified petition for a lethal violence | 18 | | order of protection in any circuit court.
| 19 | | (b) A petition for a lethal violence order of protection | 20 | | may be filed in any county where the respondent resides.
| 21 | | (c) No fee shall be charged by the clerk for filing, | 22 | | amending, vacating, certifying, or photocopying petitions or | 23 | | orders; or for issuing alias summons; or for any related filing | 24 | | service. No fee shall be charged by the sheriff for service by | 25 | | the sheriff of a petition, rule, motion, or order in an action |
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| 1 | | commenced under this Section. | 2 | | (d) The court shall provide, through the office of the | 3 | | clerk of the court, simplified forms and clerical assistance to | 4 | | help with the writing and filing of a petition under this | 5 | | Section by any person not represented by counsel. In addition, | 6 | | that assistance may be provided by the State's Attorney.
| 7 | | Section 15. Subject matter jurisdiction.
Each of the | 8 | | circuit courts of this State shall have the power to issue | 9 | | lethal violence orders of protection. | 10 | | Section 20. Jurisdiction over persons.
The circuit courts | 11 | | of this State have jurisdiction to bind: (1) State residents; | 12 | | and (2) non-residents having minimum contacts with this State, | 13 | | to the extent permitted by Section 2-209 of the Code of Civil | 14 | | Procedure.
| 15 | | Section 25. Process.
The summons shall be in the form | 16 | | prescribed by Supreme Court Rule 101(d), except that it shall | 17 | | require the respondent to answer or appear within 7 days. | 18 | | Attachments to the summons or notice shall include the petition | 19 | | for the lethal violence order of protection and supporting | 20 | | affidavits, if any, and any emergency lethal violence order of | 21 | | protection that has been issued. The enforcement of an order | 22 | | under Section 35 shall not be affected by the lack of service, | 23 | | delivery, or notice, provided the requirements of subsection |
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| 1 | | (f) of that Section are otherwise met.
| 2 | | Section 30. Service of notice of hearings.
Except as | 3 | | provided in Section 25 of this Act, notice of hearings on | 4 | | petitions or motions shall be served in accordance with Supreme | 5 | | Court Rules 11 and 12, unless notice is excused by Section 35 | 6 | | of this Act, the Code of Civil Procedure, Supreme Court Rules, | 7 | | or local rules.
| 8 | | Section 35. Ex parte orders and emergency hearings.
| 9 | | (a) A petitioner may request an emergency lethal violence | 10 | | order of protection by filing an affidavit or verified pleading | 11 | | alleging that the respondent poses an immediate and present | 12 | | danger of causing personal injury to himself, herself, or | 13 | | another by having in his or her custody or control, owning, | 14 | | purchasing, possessing, or receiving a firearm. The petition | 15 | | shall also describe the type and location of any firearm or | 16 | | firearms presently believed by the petitioner to be possessed | 17 | | or 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 |
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| 1 | | for an emergency lethal violence order of protection, and, if | 2 | | the petitioner is a law enforcement officer, referral to | 3 | | relevant domestic violence or stalking advocacy or counseling | 4 | | resources, if appropriate. The petitioner shall attest to | 5 | | having provided the notice in the filed affidavit or verified | 6 | | pleading. If, after making a good faith effort, the petitioner | 7 | | is unable to provide notice to any or all intimate partners, | 8 | | the affidavit or verified pleading should describe what efforts | 9 | | were made. | 10 | | (c) Every person who files a petition for an emergency | 11 | | lethal violence order of protection, knowing the information | 12 | | provided to the court at any hearing or in the affidavit or | 13 | | verified pleading to be false, is guilty of perjury under | 14 | | Section 32-2 of the Criminal Code of 2012.
| 15 | | (d) An emergency order of protection shall be issued on an | 16 | | ex parte basis, that is, without notice to the 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 reasonable 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, owning, | 24 | | purchasing, possessing, or receiving a firearm, the circuit or | 25 | | associate judge shall issue an emergency order.
| 26 | | (g) An emergency lethal violence order of protection shall |
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| 1 | | require:
| 2 | | (1) the respondent to refrain from having in his or her | 3 | | custody or control, owning, purchasing, possessing, or | 4 | | receiving additional firearms for the duration of the | 5 | | order;
| 6 | | (2) the respondent to turn over to the local law | 7 | | enforcement agency any Firearm Owner's Identification Card | 8 | | and concealed carry license in his or her possession. The | 9 | | local law enforcement agency shall immediately mail the | 10 | | card and concealed carry license to the Department of State | 11 | | Police Firearm Owner's Identification Card Office for | 12 | | safekeeping. The firearm or firearms and Firearm Owner's | 13 | | Identification Card and concealed carry license, if | 14 | | unexpired, shall at the respondent's request, be returned | 15 | | to the respondent after the lethal violence order of | 16 | | protection is terminated or expired. It is the respondent's | 17 | | responsibility to notify the Department of State Police | 18 | | Firearm Owner's Identification Card Office; and
| 19 | | (3) any law enforcement agency to forthwith search for | 20 | | and seize firearms of the respondent upon probable cause | 21 | | that the respondent has possession of a firearm, and the | 22 | | petitioner or the court can describe, with sufficient | 23 | | particularity, the location of the firearm or firearms.
| 24 | | (h) Upon expiration of the period of safekeeping, if the | 25 | | firearms or Firearm Owner's Identification Card and concealed | 26 | | carry license cannot be returned to the respondent because the |
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| 1 | | respondent cannot be located, fails to respond to requests to | 2 | | retrieve the firearms, or is not lawfully eligible to possess a | 3 | | firearm, upon petition from the local law enforcement agency, | 4 | | the court may order the local law enforcement agency to destroy | 5 | | the firearms, use the firearms for training purposes, or for | 6 | | any other application as deemed appropriate by the local law | 7 | | enforcement agency.
| 8 | | (i) In accordance with subsection (e) of this Section, the | 9 | | court shall schedule a full hearing within 14 days of the | 10 | | issuance of an ex parte lethal violence order of protection to | 11 | | determine if a one-year lethal violence order of protection | 12 | | shall be issued. The court may extend an ex parte order as | 13 | | needed, but not to exceed 30 days, to effectuate service of the | 14 | | order or if necessary to continue protection.
| 15 | | Section 40. One-year orders.
| 16 | | (a) A petitioner may request a one-year lethal violence | 17 | | order of protection by filing an affidavit or verified pleading | 18 | | alleging that the respondent poses a significant danger of | 19 | | causing personal injury to himself, herself, or another in the | 20 | | near future by having in his or her custody or control, owning, | 21 | | purchasing, possessing, or receiving a firearm. The petition | 22 | | shall also describe the number, types, and locations of any | 23 | | firearms presently believed by the petitioner to be possessed | 24 | | or controlled by the respondent.
| 25 | | (b) If the respondent is alleged to pose an immediate and |
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| 1 | | present danger of causing personal injury to an intimate | 2 | | partner, or an intimate partner is alleged to have been the | 3 | | target of a threat or act of violence by the respondent, the | 4 | | petitioner shall make a good faith effort to provide notice to | 5 | | any and all intimate partners of the respondent. The notice | 6 | | must include that the petitioner intends to petition the court | 7 | | for an emergency lethal violence order of protection, and, if | 8 | | the petitioner is a law enforcement officer, referral to | 9 | | relevant domestic violence or stalking advocacy or counseling | 10 | | resources, if appropriate. The petitioner shall attest to | 11 | | having provided the notice in the filed affidavit or verified | 12 | | pleading. If, after making a good faith effort, the petitioner | 13 | | is unable to provide notice to any or all intimate partners, | 14 | | the affidavit or verified pleading should describe what efforts | 15 | | were made. | 16 | | (c) Every person who files a petition for an emergency | 17 | | lethal violence order of protection, knowing the information | 18 | | provided to the court at any hearing or in the affidavit or | 19 | | verified pleading to be false, is guilty of perjury under | 20 | | Section 32-2 of the Criminal Code of 2012.
| 21 | | (d) Upon receipt of a petition for a one-year lethal | 22 | | violence order of protection, the court shall order a hearing | 23 | | within 30 days.
| 24 | | (e) In determining whether to issue a lethal violence order | 25 | | of protection under this Section, the court shall consider | 26 | | evidence of:
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| 1 | | (1) A recent threat of violence or act of violence by | 2 | | the respondent directed toward himself, herself, or | 3 | | another.
| 4 | | (2) A violation of an emergency order of protection | 5 | | issued under Section 217 of the Illinois Domestic Violence | 6 | | Act of 1986 or Section 112A-17 of the Code of Criminal | 7 | | Procedure of 1963 or of an order of protection issued under | 8 | | Section 214 of the Illinois Domestic Violence Act of 1986 | 9 | | or Section 112A-14 of the Code of Criminal Procedure of | 10 | | 1963.
| 11 | | (3) A pattern of violent acts or violent threats, | 12 | | including, but not limited to, threats of violence or acts | 13 | | of violence by the respondent directed toward himself, | 14 | | herself, or another.
| 15 | | (f) In determining whether to issue a lethal violence order | 16 | | of protection under this Section, the court may consider | 17 | | evidence including, but not limited to, the following:
| 18 | | (1) The unlawful and reckless use, display, or | 19 | | brandishing of a firearm by the respondent.
| 20 | | (2) The history of use, attempted use, or threatened | 21 | | use of physical force by the respondent against another | 22 | | person.
| 23 | | (3) Any prior arrest of the respondent for a felony | 24 | | offense. | 25 | | (4) Evidence of the abuse of controlled substances or | 26 | | alcohol by the respondent. |
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| 1 | | (5) Evidence of recent acquisition of firearms, | 2 | | ammunition, or other deadly weapons. | 3 | | (g) At the hearing, the petitioner shall have the burden of | 4 | | proving, by a preponderance of the evidence, that the | 5 | | respondent poses a significant danger of personal injury to | 6 | | himself, herself, or another by having in his or her custody or | 7 | | control, owning, purchasing, possessing, or receiving a | 8 | | firearm. | 9 | | (h) If the court finds that there is a preponderance of the | 10 | | evidence to issue a lethal violence order of protection, the | 11 | | court shall issue a lethal violence order of protection that | 12 | | shall be in effect for one year subject to renewal under | 13 | | Section 45 of this Act or termination under that Section. | 14 | | (i) A one-year lethal violence order of protection shall | 15 | | require: | 16 | | (1) the respondent to refrain from having in his or her | 17 | | custody or control, owning, purchasing, possessing or | 18 | | receiving additional firearms for the duration of the | 19 | | order; | 20 | | (2) the respondent to turn over to the local law | 21 | | enforcement agency any firearm or Firearm Owner's | 22 | | Identification Card and concealed carry license in his or | 23 | | her possession. The local law enforcement agency shall | 24 | | immediately mail the card and concealed carry license to | 25 | | the Department of State Police Firearm Owner's | 26 | | Identification Card Office for safekeeping. The firearm or |
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| 1 | | firearms and Firearm Owner's Identification Card and | 2 | | concealed carry license, if unexpired, shall, at the | 3 | | respondent's request, be returned to the respondent after | 4 | | the lethal violence order of protection is terminated or | 5 | | expired. It is the respondent's responsibility to notify | 6 | | the Department of State Police Firearm Owner's | 7 | | Identification Card Office; and | 8 | | (3) any law enforcement agency to forthwith search for | 9 | | and seize firearms of the respondent upon probable cause | 10 | | that the respondent has possession of a firearm, and the | 11 | | petitioner can describe, with sufficient particularity, | 12 | | the location of the firearm or firearms. | 13 | | (j) Upon expiration of the period of safekeeping, if the | 14 | | firearms or Firearm Owner's Identification Card cannot be | 15 | | returned to the respondent because the respondent cannot be | 16 | | located, fails to respond to requests to retrieve the firearms, | 17 | | or is not lawfully eligible to possess a firearm, upon petition | 18 | | from the local law enforcement agency, the court may order the | 19 | | local law enforcement agency to destroy the firearms, use the | 20 | | firearms for training purposes, or for any other application as | 21 | | deemed appropriate by the local law enforcement agency. | 22 | | (k) If the court does not issue a lethal violence order of | 23 | | protection at the hearing, the court shall dissolve any | 24 | | emergency lethal violence order of protection then in effect. | 25 | | (l) If the court issues a lethal violence order of | 26 | | protection under this Section, the court shall inform the |
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| 1 | | respondent that he or she is entitled to one hearing during the | 2 | | period of the order to request a termination of the order, | 3 | | under Section 45 of this Act, and shall provide the respondent | 4 | | with a form to request a hearing. | 5 | | Section 45. Termination and renewal.
| 6 | | (a) A person subject to a lethal violence order of | 7 | | protection issued under this Act may submit one written request | 8 | | at any time during the effective period of the order for a | 9 | | hearing to terminate the order. | 10 | | (1) The respondent shall have the burden of proving, by | 11 | | a preponderance of the evidence, that the respondent does | 12 | | not pose a danger of causing personal injury to himself, | 13 | | herself, or another in the near future by having in his or | 14 | | her custody or control, owning, purchasing, possessing, or | 15 | | receiving a firearm. | 16 | | (2) If the court finds after the hearing that the | 17 | | respondent has met his or her burden, the court shall | 18 | | terminate the order.
| 19 | | (b) A petitioner may request a renewal of a lethal violence | 20 | | order of protection at any time within the 3 months before the | 21 | | expiration of a lethal violence order of protection. | 22 | | (1) A court shall, after notice and a hearing, renew a | 23 | | lethal violence order of protection issued under this part | 24 | | if the petitioner proves, by a preponderance of the | 25 | | evidence, that the respondent continues to pose a danger of |
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| 1 | | causing personal injury to himself, herself, or another in | 2 | | the near future by having in his or her custody or control, | 3 | | owning, purchasing, possessing, or receiving a firearm. | 4 | | (2) In determining whether to renew a lethal violence | 5 | | order of protection issued under this Act, the court shall | 6 | | consider evidence of the facts identified in subsection (e) | 7 | | of Section 40 of this Act and any other evidence of an | 8 | | increased risk for violence, including, but not limited to, | 9 | | evidence of any of the factors identified in subsection (f) | 10 | | of Section 40 of this Act. | 11 | | (3) At the hearing, the petitioner shall have the | 12 | | burden of proving, by a preponderance of the evidence, that | 13 | | the respondent continues to pose a danger of causing | 14 | | personal injury to himself, herself, or another in the near | 15 | | future by having in his or her custody or control, owning, | 16 | | purchasing, possessing, or receiving a firearm. | 17 | | (4) The renewal of a lethal violence order of | 18 | | protection issued under this Section shall be in effect for | 19 | | one year, subject to termination by further order of the | 20 | | court at a hearing held under this Section and further | 21 | | renewal by further order of the court under this Section. | 22 | | Section 50. Notice of orders.
| 23 | | (a) Entry and issuance. Upon issuance of any lethal | 24 | | violence order of protection, the clerk shall immediately, or | 25 | | on the next court day if an emergency lethal violence order of |
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| 1 | | protection is issued in accordance with Section 35 of this Act | 2 | | (emergency lethal violence order of protection), (i) enter the | 3 | | order on the record and file it in accordance with the circuit | 4 | | court procedures and (ii) provide a file stamped copy of the | 5 | | order to the respondent, if present, and to the petitioner.
| 6 | | (b) Filing with sheriff. The clerk of the issuing judge | 7 | | shall, or the petitioner may, on the same day that a lethal | 8 | | violence order of protection is issued, file a certified copy | 9 | | of that order with the sheriff or other law enforcement | 10 | | officials charged with maintaining Department of State Police | 11 | | records or charged with serving the order upon the respondent. | 12 | | If the order was issued in accordance with Section 35 of this | 13 | | Act (emergency lethal violence order of protection), the clerk | 14 | | shall, on the next court day, file a certified copy of the | 15 | | order with the sheriff or other law enforcement officials | 16 | | charged with maintaining Department of State Police records.
| 17 | | (c) Service by sheriff. Unless the respondent was present | 18 | | in court when the order was issued, the sheriff, other law | 19 | | enforcement official, or special process server shall promptly | 20 | | serve that order upon the respondent and file proof of service | 21 | | in the manner provided for service of process in civil | 22 | | proceedings. Instead of serving the order upon the respondent, | 23 | | however, the sheriff, other law enforcement official, special | 24 | | process server, or other persons defined in Section 112A-22.10 | 25 | | of the Code of Criminal Procedure of 1963 may serve the | 26 | | respondent with a short form notification as provided in that |
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| 1 | | Section. If process has not yet been served upon the | 2 | | respondent, it shall be served with the order or short form | 3 | | notification if the service is made by the sheriff, other law | 4 | | enforcement official, or special process server. A single fee | 5 | | may be charged for service of an order obtained in circuit | 6 | | court, or for service of the order together with process, | 7 | | unless waived or deferred under subsection (c) of Section 10 of | 8 | | this Act. | 9 | | (d) Any order renewing or terminating any lethal violence | 10 | | order of protection shall be promptly recorded, issued, and | 11 | | served as provided in this Section. | 12 | | Section 55. Data maintenance by law enforcement agencies.
| 13 | | (a) All sheriffs shall furnish to the Department of State | 14 | | Police, daily, in the form and detail the Department requires, | 15 | | copies of any recorded lethal violence order of protection | 16 | | issued by the court and any foreign orders of protection filed | 17 | | by the clerk of the court, transmitted to the sheriff by the | 18 | | clerk of the court under Section 50. Each lethal violence order | 19 | | of protection shall be entered in the Law Enforcement Agencies | 20 | | Data System (LEADS) on the same day it is issued by the court. | 21 | | If an emergency lethal violence order of protection was issued | 22 | | in accordance with Section 35 of this Act, the order shall be | 23 | | entered in the Law Enforcement Agencies Data System (LEADS) as | 24 | | soon as possible after receipt from the clerk. | 25 | | (b) The Department of State Police shall maintain a |
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| 1 | | complete and systematic record and index of all valid and | 2 | | recorded lethal violence orders of protection issued or filed | 3 | | under this Act. The data shall be used to inform all | 4 | | dispatchers and law enforcement officers at the scene of a | 5 | | violation of a lethal violence order of protection of the | 6 | | effective dates and terms of any recorded order of protection.
| 7 | | (c) The data, records, and transmittals required under this | 8 | | Section shall pertain to any valid emergency or one-year lethal | 9 | | violence order of protection, whether issued in a civil or | 10 | | criminal proceeding or authorized under the laws of another | 11 | | state, tribe, or United States territory.
| 12 | | Section 60. Filing of a lethal violence order of protection | 13 | | issued by another state.
| 14 | | (a) A person entitled to protection under a lethal violence | 15 | | order of protection or similar order issued by the court of | 16 | | another state, tribe, or United States territory may file a | 17 | | certified copy of the lethal violence order of protection with | 18 | | the clerk of the court in a judicial circuit in which the | 19 | | person believes that enforcement may be necessary.
| 20 | | (b) The clerk shall:
| 21 | | (1) treat the foreign lethal violence order of | 22 | | protection in the same manner as a judgment of the circuit | 23 | | court for any county of this State in accordance with the | 24 | | provisions of the Uniform Enforcement of Foreign Judgments | 25 | | Act, except that the clerk shall not mail notice of the |
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| 1 | | filing of the foreign order to the respondent named in the | 2 | | order; and | 3 | | (2) on the same day that a foreign lethal violence | 4 | | order of protection is filed, file a certified copy of that | 5 | | order with the sheriff or other law enforcement officials | 6 | | charged with maintaining Department of State Police | 7 | | records as set forth in Section 55 of this Act. | 8 | | (c) Neither residence in this State nor filing of a foreign | 9 | | lethal violence order of protection shall be required for | 10 | | enforcement of the order by this State. Failure to file the | 11 | | foreign order shall not be an impediment to its treatment in | 12 | | all respects as an Illinois lethal violence order of | 13 | | protection. | 14 | | (d) The clerk shall not charge a fee to file a foreign | 15 | | order of protection under this Section.
| 16 | | Section 65. Enforcement; sanctions for violation of order.
| 17 | | (a) A respondent who knowingly violates a lethal violence | 18 | | order of protection is guilty of a Class A misdemeanor. | 19 | | Prosecution for a violation of a lethal violence order of | 20 | | protection shall not bar concurrent prosecution for any other | 21 | | crime, including any crime that may have been committed at the | 22 | | time of the violation of the lethal violence order of | 23 | | protection.
| 24 | | (b) A petitioner who files a petition for a lethal violence | 25 | | order of protection knowing the information in the petition to |
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| 1 | | be false is guilty of a Class A misdemeanor.
| 2 | | Section 70. Non-preclusion of remedies.
Nothing in this Act | 3 | | shall preclude a petitioner or law enforcement officer from | 4 | | removing weapons under other authority, or filing criminal | 5 | | charges when probable cause exists.
| 6 | | Section 135. The Firearm Owners Identification Card Act is | 7 | | amended by changing Section 8.2 as follows: | 8 | | (430 ILCS 65/8.2) | 9 | | Sec. 8.2. Firearm Owner's Identification Card denial or | 10 | | revocation. The Department of State Police shall deny an | 11 | | application or shall revoke and seize a Firearm Owner's | 12 | | Identification Card previously issued under this Act if the | 13 | | Department finds that the applicant or person to whom such card | 14 | | was issued is or was at the time of issuance subject to an | 15 | | existing order of protection or lethal violence order of | 16 | | protection .
| 17 | | (Source: P.A. 96-701, eff. 1-1-10.)
| 18 | | Section 140. The Firearm Concealed Carry Act is amended by | 19 | | changing Section 70 as follows: | 20 | | (430 ILCS 66/70)
| 21 | | Sec. 70. Violations. |
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| 1 | | (a) A license issued or renewed under this Act shall be | 2 | | revoked if, at any time, the licensee is found to be ineligible | 3 | | for a license under this Act or the licensee no longer meets | 4 | | the eligibility requirements of the Firearm Owners | 5 | | Identification Card Act. | 6 | | (b) A license shall be suspended if an order of protection, | 7 | | including an emergency order of protection, plenary order of | 8 | | protection, or interim order of protection under Article 112A | 9 | | of the Code of Criminal Procedure of 1963 or under the Illinois | 10 | | Domestic Violence Act of 1986 , or if a lethal violence order of | 11 | | protection, including an emergency lethal violence order of | 12 | | protection under the Lethal Violence Order of Protection Act , | 13 | | is issued against a licensee for the duration of the order, or | 14 | | if the Department is made aware of a similar order issued | 15 | | against the licensee in any other jurisdiction. If an order of | 16 | | protection is issued against a licensee, the licensee shall | 17 | | surrender the license, as applicable, to the court at the time | 18 | | the order is entered or to the law enforcement agency or entity | 19 | | serving process at the time the licensee is served the order. | 20 | | The court, law enforcement agency, or entity responsible for | 21 | | serving the order of protection shall notify the Department | 22 | | within 7 days and transmit the license to the Department. | 23 | | (c) A license is invalid upon expiration of the license, | 24 | | unless the licensee has submitted an application to renew the | 25 | | license, and the applicant is otherwise eligible to possess a | 26 | | license under this Act. |
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| 1 | | (d) A licensee shall not carry a concealed firearm while | 2 | | under the influence of alcohol, other drug or drugs, | 3 | | intoxicating compound or combination of compounds, or any | 4 | | combination thereof, under the standards set forth in | 5 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | 6 | | A licensee in violation of this subsection (d) shall be | 7 | | guilty of a Class A misdemeanor for a first or second violation | 8 | | and a Class 4 felony for a third violation. The Department may | 9 | | suspend a license for up to 6 months for a second violation and | 10 | | shall permanently revoke a license for a third violation. | 11 | | (e) Except as otherwise provided, a licensee in violation | 12 | | of this Act shall be guilty of a Class B misdemeanor. A second | 13 | | or subsequent violation is a Class A misdemeanor. The | 14 | | Department may suspend a license for up to 6 months for a | 15 | | second violation and shall permanently revoke a license for 3 | 16 | | or more violations of Section 65 of this Act. Any person | 17 | | convicted of a violation under this Section shall pay a $150 | 18 | | fee to be deposited into the Mental Health Reporting Fund, plus | 19 | | any applicable court costs or fees. | 20 | | (f) A licensee convicted or found guilty of a violation of | 21 | | this Act who has a valid license and is otherwise eligible to | 22 | | carry a concealed firearm shall only be subject to the | 23 | | penalties under this Section and shall not be subject to the | 24 | | penalties under Section 21-6, paragraph (4), (8), or (10) of | 25 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | 26 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
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| 1 | | Criminal Code of 2012. Except as otherwise provided in this | 2 | | subsection, nothing in this subsection prohibits the licensee | 3 | | from being subjected to penalties for violations other than | 4 | | those specified in this Act. | 5 | | (g) A licensee whose license is revoked, suspended, or | 6 | | denied shall, within 48 hours of receiving notice of the | 7 | | revocation, suspension, or denial, surrender his or her | 8 | | concealed carry license to the local law enforcement agency | 9 | | where the person resides. The local law enforcement agency | 10 | | shall provide the licensee a receipt and transmit the concealed | 11 | | carry license to the Department of State Police. If the | 12 | | licensee whose concealed carry license has been revoked, | 13 | | suspended, or denied fails to comply with the requirements of | 14 | | this subsection, the law enforcement agency where the person | 15 | | resides may petition the circuit court to issue a warrant to | 16 | | search for and seize the concealed carry license in the | 17 | | possession and under the custody or control of the licensee | 18 | | whose concealed carry license has been revoked, suspended, or | 19 | | denied. The observation of a concealed carry license in the | 20 | | possession of a person whose license has been revoked, | 21 | | suspended, or denied constitutes a sufficient basis for the | 22 | | arrest of that person for violation of this subsection. A | 23 | | violation of this subsection is a Class A misdemeanor. | 24 | | (h) A license issued or renewed under this Act shall be | 25 | | revoked if, at any time, the licensee is found ineligible for a | 26 | | Firearm Owner's Identification Card, or the licensee no longer |
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| 1 | | possesses a valid Firearm Owner's Identification Card. A | 2 | | licensee whose license is revoked under this subsection (h) | 3 | | shall surrender his or her concealed carry license as provided | 4 | | for in subsection (g) of this Section. | 5 | | This subsection shall not apply to a person who has filed | 6 | | an application with the State Police for renewal of a Firearm
| 7 | | Owner's Identification Card and who is not otherwise ineligible | 8 | | to obtain a Firearm Owner's Identification Card.
| 9 | | (i) A certified firearms instructor who knowingly provides | 10 | | or offers to provide a false certification that an applicant | 11 | | has completed firearms training as required under this Act is | 12 | | guilty of a Class A misdemeanor. A person guilty of a violation | 13 | | of this subsection (i) is not eligible for court supervision. | 14 | | The Department shall permanently revoke the firearms | 15 | | instructor certification of a person convicted under this | 16 | | subsection (i). | 17 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, | 18 | | eff. 8-15-14.)".
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