Full Text of HB5788 102nd General Assembly
HB5788 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB5788 Introduced 11/16/2022, by Rep. Keith R. Wheeler SYNOPSIS AS INTRODUCED: |
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Amends the Firearms Restraining Order Act. Provides that a firearms restraining order may be granted against a respondent under the Act regardless of whether the respondent has in his or her custody or control a firearm, ammunition, or firearm parts
that could be assembled to make an operable firearm.
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| | A BILL FOR |
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| | | HB5788 | | LRB102 28590 RLC 40480 b |
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| 1 | | AN ACT concerning safety.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Firearms Restraining Order Act is amended | 5 | | by changing Section 10 as follows: | 6 | | (430 ILCS 67/10) | 7 | | Sec. 10. Commencement of action; procedure.
| 8 | | (a) An action for a firearms restraining order is | 9 | | commenced by filing a verified petition for a firearms | 10 | | restraining order in any circuit court.
| 11 | | (b) A petition for a firearms restraining order may be | 12 | | filed in: (1) any county where the respondent resides or (2) | 13 | | any county where an incident occurred that involved the | 14 | | respondent posing an immediate and present danger of causing | 15 | | personal injury to the respondent or another by having in his | 16 | | or her custody or control, or purchasing, possessing, or | 17 | | receiving, a firearm, ammunition, or firearm parts
that could | 18 | | be assembled to make an operable firearm.
| 19 | | (c) No fee shall be charged by the clerk for filing, | 20 | | amending, vacating, certifying, printing, or photocopying | 21 | | petitions or orders; or for issuing alias summons; or for any | 22 | | related filing service. No fee shall be charged by the sheriff | 23 | | or other law enforcement for service by the sheriff or other |
| | | HB5788 | - 2 - | LRB102 28590 RLC 40480 b |
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| 1 | | law enforcement of a petition, rule, motion, or order in an | 2 | | action commenced under this Section. | 3 | | (d) The court shall provide, through the office of the | 4 | | clerk of the court, simplified forms and clerical assistance | 5 | | to help with the writing and filing of a petition under this | 6 | | Section by any person not represented by counsel. In addition, | 7 | | that assistance may be provided by the State's Attorney.
| 8 | | (e) A firearms restraining order may be granted against a | 9 | | respondent under this Act regardless of whether the respondent | 10 | | has in his or her custody or control a firearm, ammunition, or | 11 | | firearm parts
that could be assembled to make an operable | 12 | | firearm. | 13 | | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .)
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