103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2805

 

Introduced 1/17/2024, by Sen. Jil Tracy

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 67/5
725 ILCS 5/112A-4.5

    Amends the Firearms Restraining Order Act and the Code of Criminal Procedure of 1963. Provides that if the petitioner for a firearms restraining order, domestic violence order of protection, or civil no contact order is a law enforcement officer or agent of a law enforcement officer, the petitioner shall be referred to as the law enforcement agency in which the officer is employed on all public records concerning the petition and not the individually named officer or agent who filed the petition. Effective immediately.


LRB103 33733 RLC 63547 b

 

 

A BILL FOR

 

SB2805LRB103 33733 RLC 63547 b

1    AN ACT concerning protective orders.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearms Restraining Order Act is amended
5by changing Section 5 as follows:
 
6    (430 ILCS 67/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Family member of the respondent" means a spouse, former
9spouse, person with whom the respondent has a minor child in
10common, parent, child, or step-child of the respondent, any
11other person related by blood or present marriage to the
12respondent, or a person who shares a common dwelling with the
13respondent.
14    "Firearms restraining order" means an order issued by the
15court, prohibiting and enjoining a named person from having in
16his or her custody or control, purchasing, possessing, or
17receiving any firearms or ammunition, or removing firearm
18parts that could be assembled to make an operable firearm.
19    "Intimate partner" means a spouse, former spouse, a person
20with whom the respondent has or allegedly has a child in
21common, or a person with whom the respondent has or has had a
22dating or engagement relationship.
23    "Petitioner" means:

 

 

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1        (1) a family member of the respondent as defined in
2    this Act; or
3        (2) a law enforcement officer who files a petition
4    alleging that the respondent poses a danger of causing
5    personal injury to himself, herself, or another by having
6    in his or her custody or control, purchasing, possessing,
7    or receiving a firearm, ammunition, or firearm parts that
8    could be assembled to make an operable firearm or removing
9    firearm parts that could be assembled to make an operable
10    firearm.
11    If the petitioner is a law enforcement officer, the
12petitioner shall be referred to as the law enforcement agency
13in which the officer is employed on all public records
14concerning the petition and not the individually named officer
15who filed the petition.
16    "Respondent" means the person alleged in the petition to
17pose a danger of causing personal injury to himself, herself,
18or another by having in his or her custody or control,
19purchasing, possessing, or receiving a firearm, ammunition, or
20firearm parts that could be assembled to make an operable
21firearm or removing firearm parts that could be assembled to
22make an operable firearm.
23(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
 
24    Section 10. The Code of Criminal Procedure of 1963 is
25amended by changing Section 112A-4.5 as follows:
 

 

 

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1    (725 ILCS 5/112A-4.5)
2    Sec. 112A-4.5. Who may file petition.
3    (a) A petition for a domestic violence order of protection
4may be filed:
5        (1) by a named victim who has been abused by a family
6    or household member;
7        (2) by any person or by the State's Attorney on behalf
8    of a named victim who is a minor child or an adult who has
9    been abused by a family or household member and who,
10    because of age, health, disability, or inaccessibility,
11    cannot file the petition;
12        (3) by a State's Attorney on behalf of any minor child
13    or dependent adult in the care of the named victim, if the
14    named victim does not file a petition or request the
15    State's Attorney file the petition; or
16        (4) any of the following persons if the person is
17    abused by a family or household member of a child:
18            (i) a foster parent of that child if the child has
19        been placed in the foster parent's home by the
20        Department of Children and Family Services or by
21        another state's public child welfare agency;
22            (ii) a legally appointed guardian or legally
23        appointed custodian of that child;
24            (iii) an adoptive parent of that child;
25            (iv) a prospective adoptive parent of that child

 

 

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1        if the child has been placed in the prospective
2        adoptive parent's home pursuant to the Adoption Act or
3        pursuant to another state's law.
4    For purposes of this paragraph (a)(4), individuals who
5would have been considered "family or household members" of
6the child under paragraph (3) of subsection (b) of Section
7112A-3 before a termination of the parental rights with
8respect to the child continue to meet the definition of
9"family or household members" of the child.
10    (b) A petition for a civil no contact order may be filed:
11        (1) by any person who is a named victim of
12    non-consensual sexual conduct or non-consensual sexual
13    penetration, including a single incident of non-consensual
14    sexual conduct or non-consensual sexual penetration;
15        (2) by a person or by the State's Attorney on behalf of
16    a named victim who is a minor child or an adult who is a
17    victim of non-consensual sexual conduct or non-consensual
18    sexual penetration but, because of age, disability,
19    health, or inaccessibility, cannot file the petition;
20        (3) by a State's Attorney on behalf of any minor child
21    who is a family or household member of the named victim, if
22    the named victim does not file a petition or request the
23    State's Attorney file the petition;
24        (4) by a service member of the Illinois National Guard
25    or any reserve military component serving within the State
26    who is a victim of non-consensual sexual conduct who has

 

 

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1    also received a Military Protective Order; or
2        (5) by the Staff Judge Advocate of the Illinois
3    National Guard or any reserve military component serving
4    in the State on behalf of a named victim who is a victim of
5    non-consensual sexual conduct who has also received a
6    Military Protective Order.
7    (c) A petition for a stalking no contact order may be
8filed:
9        (1) by any person who is a named victim of stalking;
10        (2) by a person or by the State's Attorney on behalf of
11    a named victim who is a minor child or an adult who is a
12    victim of stalking but, because of age, disability,
13    health, or inaccessibility, cannot file the petition;
14        (3) by a State's Attorney on behalf of any minor child
15    who is a family or household member of the named victim, if
16    the named victim does not file a petition or request the
17    State's Attorney file the petition;
18        (4) by a service member of the Illinois National Guard
19    or any reserve military component serving within the State
20    who is a victim of non-consensual sexual conduct who has
21    also received a Military Protective Order; or
22        (5) by the Staff Judge Advocate of the Illinois
23    National Guard or any reserve military component serving
24    in the State on behalf of a named victim who is a victim of
25    non-consensual sexual conduct who has also received a
26    Military Protective Order.

 

 

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1    (d) The State's Attorney shall file a petition on behalf
2of any person who may file a petition under subsections (a),
3(b), or (c) of this Section if the person requests the State's
4Attorney to file a petition on the person's behalf, unless the
5State's Attorney has a good faith basis to delay filing the
6petition. The State's Attorney shall inform the person that
7the State's Attorney will not be filing the petition at that
8time and that the person may file a petition or may retain an
9attorney to file the petition. The State's Attorney may file
10the petition at a later date.
11    (d-5) (1) A person eligible to file a petition under
12subsection (a), (b), or (c) of this Section may retain an
13attorney to represent the petitioner on the petitioner's
14request for a protective order. The attorney's representation
15is limited to matters related to the petition and relief
16authorized under this Article.
17    (2) Advocates shall be allowed to accompany the petitioner
18and confer with the victim, unless otherwise directed by the
19court. Advocates are not engaged in the unauthorized practice
20of law when providing assistance to the petitioner.
21    (d-6) If the petitioner is a law enforcement officer or
22agent of a law enforcement officer, the petitioner shall be
23referred to as the law enforcement agency in which the officer
24or agent is employed on all public records concerning the
25petition and not the individually named officer or agent who
26filed the petition.

 

 

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1    (e) Any petition properly filed under this Article may
2seek protection for any additional persons protected by this
3Article.
4(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.