| ||||
Public Act 102-0345 | ||||
| ||||
| ||||
AN ACT concerning criminal law.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Department of Public Health Powers and | ||||
Duties Law of the
Civil Administrative Code of Illinois is | ||||
amended by adding Section 2310-705 as follows: | ||||
(20 ILCS 2310/2310-705 new) | ||||
Sec. 2310-705. Firearms restraining order awareness. | ||||
(a) The Department, subject to appropriation or other | ||||
available funding, shall
conduct a program to promote | ||||
awareness of firearms restraining orders to the
general | ||||
public. The program may include, but is not limited to: | ||||
(1) dissemination of information, either online or | ||||
with an in-person
pamphlet, of the options people have to | ||||
seek assistance using a
firearms restraining order and the | ||||
process in which to file one; | ||||
(2) production of materials that can be given to | ||||
health care workers that
assist in identifying people who | ||||
may benefit from
awareness of the Firearms Restraining | ||||
Order Act; and | ||||
(3) specific information on situations in which a | ||||
firearms restraining order
may be appropriate such as with | ||||
situations of domestic violence, mental
health crisis, or |
anyone who is at risk of injuring themselves or others. | ||
(b)
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 firearms restraining order.
| ||
Section 10. The Department of State Police Law of the
| ||
Civil Administrative Code of Illinois is amended by adding | ||
Section 2605-51 as follows: | ||
(20 ILCS 2605/2605-51 new) | ||
Sec. 2605-51. Commission on implementing the Firearms | ||
Restraining Order Act. | ||
(a) There is created the Commission on Implementing the | ||
Firearms Restraining Order Act composed of at least 12 members | ||
to advise on the strategies of education and implementation of | ||
the Firearms Restraining Order Act. The Commission shall be | ||
appointed by the Director of the Illinois State Police or his | ||
or her designee and shall include a liaison or representative | ||
nominated from the following: | ||
(1) the Office of the Attorney General, appointed by | ||
the Attorney General; | ||
(2) the Director of the Illinois State Police or his | ||
or her designee; | ||
(3) at least 3 State's Attorneys, nominated by the | ||
Director of the Office of the State's Attorneys Appellate |
Prosecutor; | ||
(4) at least 2 municipal police department | ||
representatives,
nominated by the Illinois Association of | ||
Chiefs of Police; | ||
(5) an Illinois sheriff,
nominated by the Illinois | ||
Sheriffs' Association; | ||
(6) the Director of Public Health or his or her | ||
designee; | ||
(7) the Illinois Law Enforcement Training Standards | ||
Board, nominated by the Executive Director of the Board; | ||
(8) a representative from a public defender's office,
| ||
nominated by the State Appellate Defender; | ||
(9) a circuit court judge,
nominated by the Chief | ||
Justice of the Supreme Court; | ||
(10) a prosecutor with experience managing or | ||
directing a program in another state where the | ||
implementation of that state's extreme risk protection | ||
order law has achieved high rates of petition filings | ||
nominated by the National District Attorneys Association; | ||
and | ||
(11) an expert from law enforcement who has experience | ||
managing or directing a program in another state where the | ||
implementation of that state's extreme risk protection | ||
order law has achieved high rates of petition filings | ||
nominated by the Director of the Illinois State Police. | ||
(b)
The Commission shall be chaired by the Director of the |
Illinois State Police or his or her designee. The Commission | ||
shall meet, either virtually or in person, to discuss the | ||
implementation of the Firearms Restraining Order Act as | ||
determined by the Commission while the strategies are being | ||
established. | ||
(c) The members of the Commission shall serve without | ||
compensation and shall serve 3-year terms. | ||
(d) An annual report shall be submitted to the General | ||
Assembly by the Commission that may include summary | ||
information about firearms restraining order use by county, | ||
challenges to Firearms Restraining Order Act implementation, | ||
and recommendations for increasing and improving | ||
implementation. | ||
(e)
The Commission shall develop a model policy with an | ||
overall framework for the timely relinquishment of firearms | ||
whenever a firearms restraining order is issued. The model | ||
policy shall be finalized within the first 4 months of | ||
convening. In formulating the model policy, the Commission | ||
shall consult counties in Illinois and other states with | ||
extreme risk protection order laws which have achieved a high | ||
rate of petition filings. Once approved, the Illinois State | ||
Police shall work with their local law enforcement agencies | ||
within their county to design a comprehensive strategy for the | ||
timely relinquishment of firearms, using the model policy as | ||
an overall framework. Each individual agency may make small | ||
modifications as needed to the model policy and must approve |
and adopt a policy that aligns with the model policy. The | ||
Illinois State Police shall convene local police chiefs and | ||
sheriffs within their county as needed to discuss the | ||
relinquishment of firearms. | ||
(f) The Commission shall be dissolved 3 years after the | ||
effective date of this amendatory Act of the 102nd General | ||
Assembly. | ||
(g) This Section is repealed 4 years after the effective | ||
date of this amendatory Act of the 102nd General Assembly. | ||
Section 15. The Illinois Police Training Act is amended by | ||
changing Section 7 and by adding Section 7.1 as follows:
| ||
(50 ILCS 705/7) (from Ch. 85, par. 507)
| ||
Sec. 7. Rules and standards for schools. The Board shall | ||
adopt rules and
minimum standards for such schools which shall | ||
include, but not be limited to,
the following:
| ||
a. The curriculum for probationary police officers | ||
which shall be
offered by all certified schools shall | ||
include, but not be limited to,
courses of procedural | ||
justice, arrest and use and control tactics, search and | ||
seizure, including temporary questioning, civil rights, | ||
human rights, human relations,
cultural competency, | ||
including implicit bias and racial and ethnic sensitivity,
| ||
criminal law, law of criminal procedure, constitutional | ||
and proper use of law enforcement authority, vehicle and |
traffic law including
uniform and non-discriminatory | ||
enforcement of the Illinois Vehicle Code,
traffic control | ||
and accident investigation, techniques of obtaining
| ||
physical evidence, court testimonies, statements, reports, | ||
firearms
training, training in the use of electronic | ||
control devices, including the psychological and | ||
physiological effects of the use of those devices on | ||
humans, first-aid (including cardiopulmonary | ||
resuscitation), training in the administration of opioid | ||
antagonists as defined in paragraph (1) of subsection (e) | ||
of Section 5-23 of the Substance Use Disorder Act, | ||
handling of
juvenile offenders, recognition of
mental | ||
conditions and crises, including, but not limited to, the | ||
disease of addiction, which require immediate assistance | ||
and response and methods to
safeguard and provide | ||
assistance to a person in need of mental
treatment, | ||
recognition of abuse, neglect, financial exploitation, and | ||
self-neglect of adults with disabilities and older adults, | ||
as defined in Section 2 of the Adult Protective Services | ||
Act, crimes against the elderly, law of evidence, the | ||
hazards of high-speed police vehicle
chases with an | ||
emphasis on alternatives to the high-speed chase, and
| ||
physical training. The curriculum shall include specific | ||
training in
techniques for immediate response to and | ||
investigation of cases of domestic
violence and of sexual | ||
assault of adults and children, including cultural |
perceptions and common myths of sexual assault and sexual | ||
abuse as well as interview techniques that are age | ||
sensitive and are trauma informed, victim centered, and | ||
victim sensitive. The curriculum shall include
training in | ||
techniques designed to promote effective
communication at | ||
the initial contact with crime victims and ways to | ||
comprehensively
explain to victims and witnesses their | ||
rights under the Rights
of Crime Victims and Witnesses Act | ||
and the Crime
Victims Compensation Act. The curriculum | ||
shall also include training in effective recognition of | ||
and responses to stress, trauma, and post-traumatic stress | ||
experienced by police officers that is consistent with | ||
Section 25 of the Illinois Mental Health First Aid | ||
Training Act in a peer setting, including recognizing | ||
signs and symptoms of work-related cumulative stress, | ||
issues that may lead to suicide, and solutions for | ||
intervention with peer support resources. The curriculum | ||
shall include a block of instruction addressing the | ||
mandatory reporting requirements under the Abused and | ||
Neglected Child Reporting Act. The curriculum shall also | ||
include a block of instruction aimed at identifying and | ||
interacting with persons with autism and other | ||
developmental or physical disabilities, reducing barriers | ||
to reporting crimes against persons with autism, and | ||
addressing the unique challenges presented by cases | ||
involving victims or witnesses with autism and other |
developmental disabilities. The curriculum shall include | ||
training in the detection and investigation of all forms | ||
of human trafficking. The curriculum shall also include | ||
instruction in trauma-informed responses designed to | ||
ensure the physical safety and well-being of a child of an | ||
arrested parent or immediate family member; this | ||
instruction must include, but is not limited to: (1) | ||
understanding the trauma experienced by the child while | ||
maintaining the integrity of the arrest and safety of | ||
officers, suspects, and other involved individuals; (2) | ||
de-escalation tactics that would include the use of force | ||
when reasonably necessary; and (3) inquiring whether a | ||
child will require supervision and care. The curriculum | ||
for
permanent police officers shall include, but not be | ||
limited to: (1) refresher
and in-service training in any | ||
of the courses listed above in this
subparagraph, (2) | ||
advanced courses in any of the subjects listed above in
| ||
this subparagraph, (3) training for supervisory personnel, | ||
and (4)
specialized training in subjects and fields to be | ||
selected by the board. The training in the use of | ||
electronic control devices shall be conducted for | ||
probationary police officers, including University police | ||
officers. The curriculum shall also include training on | ||
the use of a firearms restraining order by providing | ||
instruction on the process used to file a firearms | ||
restraining order and how to identify situations in which |
a firearms restraining order is appropriate.
| ||
b. Minimum courses of study, attendance requirements | ||
and equipment
requirements.
| ||
c. Minimum requirements for instructors.
| ||
d. Minimum basic training requirements, which a | ||
probationary police
officer must satisfactorily complete | ||
before being eligible for permanent
employment as a local | ||
law enforcement officer for a participating local
| ||
governmental agency. Those requirements shall include | ||
training in first aid
(including cardiopulmonary | ||
resuscitation).
| ||
e. Minimum basic training requirements, which a | ||
probationary county
corrections officer must | ||
satisfactorily complete before being eligible for
| ||
permanent employment as a county corrections officer for a | ||
participating
local governmental agency.
| ||
f. Minimum basic training requirements which a | ||
probationary court
security officer must satisfactorily | ||
complete before being eligible for
permanent employment as | ||
a court security officer for a participating local
| ||
governmental agency. The Board shall
establish those | ||
training requirements which it considers appropriate for | ||
court
security officers and shall certify schools to | ||
conduct that training.
| ||
A person hired to serve as a court security officer | ||
must obtain from the
Board a certificate (i) attesting to |
his or her successful completion of the
training course; | ||
(ii) attesting to his or her satisfactory
completion of a | ||
training program of similar content and number of hours | ||
that
has been found acceptable by the Board under the | ||
provisions of this Act; or
(iii) attesting to the Board's | ||
determination that the training
course is unnecessary | ||
because of the person's extensive prior law enforcement
| ||
experience.
| ||
Individuals who currently serve as court security | ||
officers shall be deemed
qualified to continue to serve in | ||
that capacity so long as they are certified
as provided by | ||
this Act within 24 months of June 1, 1997 (the effective | ||
date of Public Act 89-685). Failure to be so certified, | ||
absent a waiver from the
Board, shall cause the officer to | ||
forfeit his or her position.
| ||
All individuals hired as court security officers on or | ||
after June 1, 1997 (the effective
date of Public Act | ||
89-685) shall be certified within 12 months of the
date of | ||
their hire, unless a waiver has been obtained by the | ||
Board, or they
shall forfeit their positions.
| ||
The Sheriff's Merit Commission, if one exists, or the | ||
Sheriff's Office if
there is no Sheriff's Merit | ||
Commission, shall maintain a list of all
individuals who | ||
have filed applications to become court security officers | ||
and
who meet the eligibility requirements established | ||
under this Act. Either
the Sheriff's Merit Commission, or |
the Sheriff's Office if no Sheriff's Merit
Commission | ||
exists, shall establish a schedule of reasonable intervals | ||
for
verification of the applicants' qualifications under
| ||
this Act and as established by the Board.
| ||
g. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete every 3 years. | ||
Those requirements shall include constitutional and proper | ||
use of law enforcement authority, procedural justice, | ||
civil rights, human rights, mental health awareness and | ||
response, officer wellness, reporting child abuse and | ||
neglect, and cultural competency. | ||
h. Minimum in-service training requirements, which a | ||
police officer must satisfactorily complete at least | ||
annually. Those requirements shall include law updates and | ||
use of force training which shall include scenario based | ||
training, or similar training approved by the Board. | ||
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18; | ||
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff. | ||
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215, | ||
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19; | ||
101-564, eff. 1-1-20; revised 9-10-19.)"; and
| ||
(50 ILCS 705/7.1 new) | ||
Sec. 7.1. Firearms restraining order training. | ||
(a) The Illinois Law Enforcement Training Standards Board | ||
shall develop and approve a standard curriculum for a training |
program on the Firearms Restraining Order Act. 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 | ||
different situations.
Officers who have successfully completed | ||
this program shall be issued a
certificate attesting to their | ||
attendance. | ||
(b) Every law enforcement officer shall complete this | ||
training once each year. | ||
(c) If adequate training is unavailable, the Illinois Law | ||
Enforcement Training Standards Board may approve training to | ||
be conducted by a third party. | ||
Section 20. The Firearms Restraining Order Act is amended | ||
by changing Sections 5, 10, 35, 40, and 45 and by adding | ||
Section 85 as follows: | ||
(430 ILCS 67/5)
| ||
Sec. 5. Definitions.
As used in this Act: | ||
"Family member of the respondent" means a spouse, former | ||
spouse, person with whom the respondent has a minor child in | ||
common, parent, child, or step-child of the respondent, any | ||
other person related by blood or present marriage to the | ||
respondent, or a person who shares a common dwelling with the | ||
respondent. |
"Firearms restraining order" means an order issued by the | ||
court, prohibiting and enjoining a named person from having in | ||
his or her custody or control, purchasing, possessing, or | ||
receiving any firearms or ammunition, or removing firearm | ||
parts that could be assembled to make an operable firearm .
| ||
"Intimate partner" means a spouse, former spouse, a person | ||
with whom the respondent has or allegedly has a child in | ||
common, or a person with whom the respondent has or has had a | ||
dating or engagement relationship. | ||
"Petitioner" means: | ||
(1) a family member of the respondent as defined in | ||
this Act; or
| ||
(2) a law enforcement officer
who files a petition | ||
alleging that the respondent poses a danger of causing | ||
personal injury to himself, herself, or another by having | ||
in his or her custody or control, purchasing, possessing, | ||
or receiving a firearm , ammunition, or firearm parts that | ||
could be assembled to make an operable firearm or removing | ||
firearm parts that could be assembled to make an operable | ||
firearm . | ||
"Respondent" means the person alleged in the petition to | ||
pose a danger of causing personal injury to himself, herself, | ||
or another by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm , ammunition, or | ||
firearm parts that could be assembled to make an operable | ||
firearm or removing firearm parts that could be assembled to |
make an operable firearm .
| ||
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(430 ILCS 67/10)
| ||
Sec. 10. Commencement of action; procedure.
| ||
(a) An action for a firearms restraining order is | ||
commenced by filing a verified petition for a firearms | ||
restraining order in any circuit court.
| ||
(b) A petition for a firearms restraining order may be | ||
filed in : (1) any county where the respondent resides or (2) | ||
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, ammunition, or firearm parts
that could | ||
be assembled to make an operable firearm .
| ||
(c) No fee shall be charged by the clerk for filing, | ||
amending, vacating, certifying, printing, or photocopying | ||
petitions or orders; or for issuing alias summons; or for any | ||
related filing service. No fee shall be charged by the sheriff | ||
or other law enforcement for service by the sheriff or other | ||
law enforcement of a petition, rule, motion, or order in an | ||
action commenced under this Section. | ||
(d) The court shall provide, through the office of the | ||
clerk of the court, simplified forms and clerical assistance | ||
to help with the writing and filing of a petition under this |
Section by any person not represented by counsel. In addition, | ||
that assistance may be provided by the State's Attorney.
| ||
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(430 ILCS 67/35)
| ||
Sec. 35. Ex parte orders and emergency hearings.
| ||
(a) A petitioner may request an emergency firearms | ||
restraining order by filing an affidavit or verified pleading | ||
alleging that the respondent poses an immediate and present | ||
danger of causing personal injury to himself, herself, or | ||
another by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm , ammunition, or | ||
firearm parts
that could be assembled to make an operable | ||
firearm . The petition shall also describe the type and | ||
location of any firearm or firearms , ammunition, or firearm | ||
parts
that could be assembled to make an operable firearm | ||
presently believed by the petitioner to be possessed or | ||
controlled by the respondent.
| ||
(b) If the respondent is alleged to pose an immediate and | ||
present danger of causing personal injury to an intimate | ||
partner, or an intimate partner is alleged to have been the | ||
target of a threat or act of violence by the respondent, the | ||
petitioner shall make a good faith effort to provide notice to | ||
any and all intimate partners of the respondent. The notice | ||
must include that the petitioner intends to petition the court | ||
for an emergency firearms restraining order, and, if the |
petitioner is a law enforcement officer, referral to relevant | ||
domestic violence or stalking advocacy or counseling | ||
resources, if appropriate. The petitioner shall attest to | ||
having provided the notice in the filed affidavit or verified | ||
pleading. If, after making a good faith effort, the petitioner | ||
is unable to provide notice to any or all intimate partners, | ||
the affidavit or verified pleading should describe what | ||
efforts were made. | ||
(c) Every person who files a petition for an emergency | ||
firearms restraining order, knowing the information provided | ||
to the court at any hearing or in the affidavit or verified | ||
pleading to be false, is guilty of perjury under Section 32-2 | ||
of the Criminal Code of 2012.
| ||
(d) An emergency firearms restraining order shall be | ||
issued on an ex parte basis, that is, without notice to the | ||
respondent.
| ||
(e) An emergency hearing held on an ex parte basis shall be | ||
held the same day that the petition is filed or the next day | ||
that the court is in session.
| ||
(f) If a circuit or associate judge finds probable cause | ||
to believe that the respondent poses an immediate and present | ||
danger of causing personal injury to himself, herself, or | ||
another by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm , ammunition, or | ||
firearm parts
that could be assembled to make an operable | ||
firearm , the circuit or associate judge shall issue an |
emergency order.
| ||
(f-5) If the court issues an emergency firearms | ||
restraining order, it shall, upon a finding of probable cause | ||
that the respondent possesses firearms , ammunition, or firearm | ||
parts
that could be assembled to make an operable firearm , | ||
issue a search warrant directing a law enforcement agency to | ||
seize the respondent's firearms , ammunition, and firearm parts | ||
that could
be assembled to make an operable firearm . The court | ||
may, as part of that warrant, direct the law enforcement | ||
agency to search the respondent's residence and other places | ||
where the court finds there is probable cause to believe he or | ||
she is likely to possess the firearms , ammunition, or firearm | ||
parts
that could be assembled to make an operable firearm. A | ||
return of the search warrant shall be filed by the law | ||
enforcement agency within 4 days thereafter, setting forth the | ||
time, date, and location that the search warrant was executed | ||
and what items, if any, were seized . | ||
(g) An emergency firearms restraining order shall require:
| ||
(1) the respondent to refrain from having in his or | ||
her custody or control, purchasing, possessing, or | ||
receiving additional firearms , ammunition, or firearm | ||
parts that could be assembled to make an operable firearm, | ||
or removing firearm parts that could be assembled to make | ||
an operable firearm for the duration of the order;
and | ||
(2) the respondent to turn over to the local law | ||
enforcement agency any Firearm Owner's Identification Card |
and concealed carry license in his or her possession. The | ||
local law enforcement agency shall immediately mail the | ||
card and concealed carry license to the Department of | ||
State Police Firearm Services Bureau for safekeeping. The | ||
firearm or firearms , ammunition, and firearm parts that | ||
could
be assembled to make an operable firearm and Firearm | ||
Owner's Identification Card and concealed carry license, | ||
if unexpired, shall be returned to the respondent after | ||
the firearms restraining order is terminated or expired. | ||
(h) Except as otherwise provided in subsection (h-5) of | ||
this Section, upon expiration of the period of safekeeping, if | ||
the firearms , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm or Firearm Owner's | ||
Identification Card and concealed carry license cannot be | ||
returned to the respondent because the respondent cannot be | ||
located, fails to respond to requests to retrieve the | ||
firearms, or is not lawfully eligible to possess a firearm , | ||
ammunition, or firearm parts
that could be assembled to make | ||
an operable firearm , upon petition from the local law | ||
enforcement agency, the court may order the local law | ||
enforcement agency to destroy the firearms , ammunition, and | ||
firearm parts that could
be assembled to make an operable | ||
firearm , use the firearms , ammunition, and firearm parts that | ||
could
be assembled to make an operable firearm for training | ||
purposes, or use the firearms , ammunition, and firearm parts | ||
that could
be assembled to make an operable firearm for any |
other application as deemed appropriate by the local law | ||
enforcement agency.
| ||
(h-5) A respondent whose Firearm Owner's Identification | ||
Card has been revoked or suspended may petition the court, if | ||
the petitioner is present in court or has notice of the | ||
respondent's petition, to transfer the respondent's firearm , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm to a person who is lawfully able to possess | ||
the firearm , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm if the person does not | ||
reside at the same address as the respondent. Notice of the | ||
petition shall be served upon the person protected by the | ||
emergency firearms restraining order. While the order is in | ||
effect, the transferee who receives the respondent's firearms , | ||
ammunition, and firearm parts that could be assembled to make | ||
an operable firearm must swear or affirm by affidavit that he | ||
or she shall not transfer the firearm , ammunition, and firearm | ||
parts that could
be assembled to make an operable firearm to | ||
the respondent or to anyone residing in the same residence as | ||
the respondent. | ||
(h-6) If a person other than the respondent claims title | ||
to any firearms , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm surrendered under this | ||
Section, he or she may petition the court, if the petitioner is | ||
present in court or has notice of the petition, to have the | ||
firearm , ammunition, and firearm parts that could be assembled |
to make an operable firearm returned to him or her. If the | ||
court determines that person to be the lawful owner of the | ||
firearm , ammunition, and firearm parts that could be assembled | ||
to make an operable firearm , the firearm , ammunition, and | ||
firearm parts that could
be assembled to make an operable | ||
firearm shall be returned to him or her, provided that: | ||
(1) the firearm ,
ammunition, and firearm parts that | ||
could be assembled to make
an operable firearm are is | ||
removed from the respondent's custody, control, or | ||
possession and the lawful owner agrees to store the | ||
firearm , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm in a manner such | ||
that the respondent does not have access to or control of | ||
the firearm , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm ; and | ||
(2) the firearm ,
ammunition, and firearm parts that | ||
could be assembled to make
an operable firearm are is not | ||
otherwise unlawfully possessed by the owner. | ||
The person petitioning for the return of his or her | ||
firearm , ammunition, and firearm parts that could
be assembled | ||
to make an operable firearm must swear or affirm by affidavit | ||
that he or she: (i) is the lawful owner of the firearm , | ||
ammunition, and firearm parts that could be assembled to make | ||
an operable firearm ; (ii) shall not transfer the firearm , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm to the respondent; and (iii) will store |
the firearm , ammunition, and firearm parts that could be | ||
assembled to make an operable firearm in a manner that the | ||
respondent does not have access to or control of the firearm , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm . | ||
(i) In accordance with subsection (e) of this Section, the | ||
court shall schedule a full hearing as soon as possible, but no | ||
longer than 14 days from the issuance of an ex parte firearms | ||
restraining order, to determine if a 6-month firearms | ||
restraining order shall be issued. The court may extend an ex | ||
parte order as needed, but not to exceed 14 days, to effectuate | ||
service of the order or if necessary to continue protection. | ||
The court may extend the order for a greater length of time by | ||
mutual agreement of the parties.
| ||
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(430 ILCS 67/40)
| ||
Sec. 40. Six-month orders.
| ||
(a) A petitioner may request a 6-month firearms | ||
restraining order by filing an affidavit or verified pleading | ||
alleging that the respondent poses a significant danger of | ||
causing personal injury to himself, herself, or another in the | ||
near future by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm , ammunition, | ||
and firearm parts that could
be assembled to make an operable | ||
firearm . The petition shall also describe the number, types, |
and locations of any firearms , ammunition, and firearm parts | ||
that could
be assembled to make an operable firearm presently | ||
believed by the petitioner to be possessed or controlled by | ||
the respondent.
| ||
(b) If the respondent is alleged to pose a significant | ||
danger of causing personal injury to an intimate partner, or | ||
an intimate partner is alleged to have been the target of a | ||
threat or act of violence by the respondent, the petitioner | ||
shall make a good faith effort to provide notice to any and all | ||
intimate partners of the respondent. The notice must include | ||
that the petitioner intends to petition the court for a | ||
6-month firearms restraining order, and, if the petitioner is | ||
a law enforcement officer, referral to relevant domestic | ||
violence or stalking advocacy or counseling resources, if | ||
appropriate. The petitioner shall attest to having provided | ||
the notice in the filed affidavit or verified pleading. If, | ||
after making a good faith effort, the petitioner is unable to | ||
provide notice to any or all intimate partners, the affidavit | ||
or verified pleading should describe what efforts were made. | ||
(c) Every person who files a petition for a 6-month | ||
firearms restraining order, knowing the information provided | ||
to the court at any hearing or in the affidavit or verified | ||
pleading to be false, is guilty of perjury under Section 32-2 | ||
of the Criminal Code of 2012.
| ||
(d) Upon receipt of a petition for a 6-month firearms | ||
restraining order, the court shall order a hearing within 30 |
days.
| ||
(e) In determining whether to issue a firearms restraining | ||
order under this Section, the court shall consider evidence | ||
including, but not limited to, the following:
| ||
(1) The unlawful and reckless use, display, or | ||
brandishing of a firearm , ammunition, and firearm parts | ||
that could
be assembled to make an operable firearm by the | ||
respondent.
| ||
(2) The history of use, attempted use, or threatened | ||
use of physical force by the respondent against another | ||
person.
| ||
(3) Any prior arrest of the respondent for a felony | ||
offense. | ||
(4) Evidence of the abuse of controlled substances or | ||
alcohol by the respondent. | ||
(5) A recent threat of violence or act of violence by | ||
the respondent directed toward himself, herself, or | ||
another. | ||
(6) A violation of an emergency order of protection | ||
issued under Section 217 of the Illinois Domestic Violence | ||
Act of 1986 or Section 112A-17 of the Code of Criminal | ||
Procedure of 1963 or of an order of protection issued | ||
under Section 214 of the Illinois Domestic Violence Act of | ||
1986 or Section 112A-14 of the Code of Criminal Procedure | ||
of 1963.
| ||
(7) A pattern of violent acts or violent threats, |
including, but not limited to, threats of violence or acts | ||
of violence by the respondent directed toward himself, | ||
herself, or another. | ||
(f) At the hearing, the petitioner shall have the burden | ||
of proving, by clear and convincing evidence, that the | ||
respondent poses a significant danger of personal injury to | ||
himself, herself, or another by having in his or her custody or | ||
control, purchasing, possessing, or receiving a firearm , | ||
ammunition, and firearm parts that could be assembled to make | ||
an operable firearm . | ||
(g) If the court finds that there is clear and convincing | ||
evidence to issue a firearms restraining order, the court | ||
shall issue a firearms restraining order that shall be in | ||
effect for 6 months subject to renewal under Section 45 of this | ||
Act or termination under that Section. | ||
(g-5) If the court issues a 6-month firearms restraining | ||
order, it shall, upon a finding of probable cause that the | ||
respondent possesses firearms , ammunition, and firearm parts | ||
that could
be assembled to make an operable firearm , issue a | ||
search warrant directing a law enforcement agency to seize the | ||
respondent's firearms , ammunition, and firearm parts that | ||
could
be assembled to make an operable firearm . The court may, | ||
as part of that warrant, direct the law enforcement agency to | ||
search the respondent's residence and other places where the | ||
court finds there is probable cause to believe he or she is | ||
likely to possess the firearms , ammunition, and firearm parts |
that could
be assembled to make an operable firearm. A return | ||
of the search warrant shall be filed by the law enforcement | ||
agency within 4 days thereafter, setting forth the time, date, | ||
and location that the search warrant was executed and what | ||
items, if any, were seized . | ||
(h) A 6-month firearms restraining order shall require: | ||
(1) the respondent to refrain from having in his or | ||
her custody or control, purchasing, possessing, or | ||
receiving additional firearms , ammunition, and firearm | ||
parts that could
be assembled to make an operable firearm | ||
for the duration of the order; and | ||
(2) the respondent to turn over to the local law | ||
enforcement agency any firearm , ammunition, and firearm | ||
parts that could
be assembled to make an operable firearm | ||
or Firearm Owner's Identification Card and concealed carry | ||
license in his or her possession. The local law | ||
enforcement agency shall immediately mail the card and | ||
concealed carry license to the Department of State Police | ||
Firearm Services Bureau for safekeeping. The firearm or | ||
firearms , ammunition, and firearm parts that could be | ||
assembled to make an operable firearm and Firearm Owner's | ||
Identification Card and concealed carry license, if | ||
unexpired, shall be returned to the respondent after the | ||
firearms restraining order is terminated or expired. | ||
(i) Except as otherwise provided in subsection (i-5) of | ||
this Section, upon expiration of the period of safekeeping, if |
the firearms , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm or Firearm Owner's | ||
Identification Card cannot be returned to the respondent | ||
because the respondent cannot be located, fails to respond to | ||
requests to retrieve the firearms , ammunition, and firearm | ||
parts that could
be assembled to make an operable firearm , or | ||
is not lawfully eligible to possess a firearm , ammunition, and | ||
firearm parts that could
be assembled to make an operable | ||
firearm , upon petition from the local law enforcement agency, | ||
the court may order the local law enforcement agency to | ||
destroy the firearms , ammunition, and firearm parts that could | ||
be assembled to make an operable firearm , use the firearms , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm for training purposes, or use the | ||
firearms , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm for any other | ||
application as deemed appropriate by the local law enforcement | ||
agency. | ||
(i-5) A respondent whose Firearm Owner's Identification | ||
Card has been revoked or suspended may petition the court, if | ||
the petitioner is present in court or has notice of the | ||
respondent's petition, to transfer the respondent's firearm , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm to a person who is lawfully able to possess | ||
the firearm , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm if the person does not |
reside at the same address as the respondent. Notice of the | ||
petition shall be served upon the person protected by the | ||
emergency firearms restraining order. While the order is in | ||
effect, the transferee who receives the respondent's firearms , | ||
ammunition, and firearm parts that could be assembled to make | ||
an operable firearm must swear or affirm by affidavit that he | ||
or she shall not transfer the firearm , ammunition, and firearm | ||
parts that could
be assembled to make an operable firearm to | ||
the respondent or to anyone residing in the same residence as | ||
the respondent. | ||
(i-6) If a person other than the respondent claims title | ||
to any firearms , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm surrendered under this | ||
Section, he or she may petition the court, if the petitioner is | ||
present in court or has notice of the petition, to have the | ||
firearm , ammunition, and firearm parts that could be assembled | ||
to make an operable firearm returned to him or her. If the | ||
court determines that person to be the lawful owner of the | ||
firearm , ammunition, and firearm parts that could be assembled | ||
to make an operable firearm , the firearm , ammunition, and | ||
firearm parts that could
be assembled to make an operable | ||
firearm shall be returned to him or her, provided that: | ||
(1) the firearm ,
ammunition, and firearm parts that | ||
could be assembled to make
an operable firearm are is | ||
removed from the respondent's custody, control, or | ||
possession and the lawful owner agrees to store the |
firearm , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm in a manner such | ||
that the respondent does not have access to or control of | ||
the firearm , ammunition, and firearm parts that could
be | ||
assembled to make an operable firearm ; and | ||
(2) the firearm ,
ammunition, and firearm parts that | ||
could be assembled to make
an operable firearm are is not | ||
otherwise unlawfully possessed by the owner. | ||
The person petitioning for the return of his or her | ||
firearm , ammunition, and firearm parts that could
be assembled | ||
to make an operable firearm must swear or affirm by affidavit | ||
that he or she: (i) is the lawful owner of the firearm , | ||
ammunition, and firearm parts that could be assembled to make | ||
an operable firearm ; (ii) shall not transfer the firearm , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm to the respondent; and (iii) will store | ||
the firearm , ammunition, and firearm parts that could be | ||
assembled to make an operable firearm in a manner that the | ||
respondent does not have access to or control of the firearm , | ||
ammunition, and firearm parts that could
be assembled to make | ||
an operable firearm . | ||
(j) If the court does not issue a firearms restraining | ||
order at the hearing, the court shall dissolve any emergency | ||
firearms restraining order then in effect. | ||
(k) When the court issues a firearms restraining order | ||
under this Section, the court shall inform the respondent that |
he or she is entitled to one hearing during the period of the | ||
order to request a termination of the order, under Section 45 | ||
of this Act, and shall provide the respondent with a form to | ||
request a hearing.
| ||
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(430 ILCS 67/45)
| ||
Sec. 45. Termination and renewal.
| ||
(a) A person subject to a firearms restraining order | ||
issued under this Act may submit one written request at any | ||
time during the effective period of the order for a hearing to | ||
terminate the order. | ||
(1) The respondent shall have the burden of proving by | ||
a preponderance of the evidence that the respondent does | ||
not pose a danger of causing personal injury to himself, | ||
herself, or another in the near future by having in his or | ||
her custody or control, purchasing, possessing, or | ||
receiving a firearm , ammunition, and firearm parts that | ||
could
be assembled to make an operable firearm . | ||
(2) If the court finds after the hearing that the | ||
respondent has met his or her burden, the court shall | ||
terminate the order.
| ||
(b) A petitioner may request a renewal of a firearms | ||
restraining order at any time within the 3 months before the | ||
expiration of a firearms restraining order. | ||
(1) A court shall, after notice and a hearing, renew a |
firearms restraining order issued under this part if the | ||
petitioner proves, by clear and convincing evidence, that | ||
the respondent continues to pose a danger of causing | ||
personal injury to himself, herself, or another in the | ||
near future by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm , | ||
ammunition, and firearm parts that could be assembled to | ||
make an operable firearm . | ||
(2) In determining whether to renew a firearms | ||
restraining order issued under this Act, the court shall | ||
consider evidence of the facts identified in subsection | ||
(e) of Section 40 of this Act and any other evidence of an | ||
increased risk for violence. | ||
(3) At the hearing, the petitioner shall have the | ||
burden of proving by clear and convincing evidence that | ||
the respondent continues to pose a danger of causing | ||
personal injury to himself, herself, or another in the | ||
near future by having in his or her custody or control, | ||
purchasing, possessing, or receiving a firearm , | ||
ammunition, and firearm parts that could be assembled to | ||
make an operable firearm . | ||
(4) The renewal of a firearms restraining order issued | ||
under this Section shall be in effect for 6 months, | ||
subject to termination by further order of the court at a | ||
hearing held under this Section and further renewal by | ||
further order of the court under this Section.
|
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||
(430 ILCS 67/85 new) | ||
Sec. 85. Report to the General Assembly. The Illinois
| ||
State Police shall submit a yearly report to the General
| ||
Assembly or make available on its website the number of
| ||
petitions entered into the Law Enforcement Agencies Data
| ||
System.
|