99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3283

 

Introduced 2/19/2016, by Sen. Ira I. Silverstein

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
430 ILCS 65/8  from Ch. 38, par. 83-8
430 ILCS 65/8.3 new
430 ILCS 66/70

    Amends the Firearm Owners Identification Card Act. Provides that an immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue either a plenary or ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or firearm ammunition. Provides that a court may issue a gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court that shows that there is a substantial likelihood that both of the following are true: (1) the subject of the petition poses a clear and present danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm; and (2) a gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition. Amends the Firearm Concealed Carry Act to make conforming changes.


LRB099 19066 RLC 43455 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3283LRB099 19066 RLC 43455 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearm Owners Identification Card Act is
5amended by changing Sections 1.1 and 8 and by adding Section
68.3 as follows:
 
7    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
8    Sec. 1.1. For purposes of this Act:
9    "Addicted to narcotics" means a person who has been:
10        (1) convicted of an offense involving the use or
11    possession of cannabis, a controlled substance, or
12    methamphetamine within the past year; or
13        (2) determined by the Department of State Police to be
14    addicted to narcotics based upon federal law or federal
15    guidelines.
16    "Addicted to narcotics" does not include possession or use
17of a prescribed controlled substance under the direction and
18authority of a physician or other person authorized to
19prescribe the controlled substance when the controlled
20substance is used in the prescribed manner.
21    "Adjudicated as a person with a mental disability" means
22the person is the subject of a determination by a court, board,
23commission or other lawful authority that the person, as a

 

 

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1result of marked subnormal intelligence, or mental illness,
2mental impairment, incompetency, condition, or disease:
3        (1) presents a clear and present danger to himself,
4    herself, or to others;
5        (2) lacks the mental capacity to manage his or her own
6    affairs or is adjudicated a person with a disability as
7    defined in Section 11a-2 of the Probate Act of 1975;
8        (3) is not guilty in a criminal case by reason of
9    insanity, mental disease or defect;
10        (3.5) is guilty but mentally ill, as provided in
11    Section 5-2-6 of the Unified Code of Corrections;
12        (4) is incompetent to stand trial in a criminal case;
13        (5) is not guilty by reason of lack of mental
14    responsibility under Articles 50a and 72b of the Uniform
15    Code of Military Justice, 10 U.S.C. 850a, 876b;
16        (6) is a sexually violent person under subsection (f)
17    of Section 5 of the Sexually Violent Persons Commitment
18    Act;
19        (7) is a sexually dangerous person under the Sexually
20    Dangerous Persons Act;
21        (8) is unfit to stand trial under the Juvenile Court
22    Act of 1987;
23        (9) is not guilty by reason of insanity under the
24    Juvenile Court Act of 1987;
25        (10) is subject to involuntary admission as an
26    inpatient as defined in Section 1-119 of the Mental Health

 

 

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1    and Developmental Disabilities Code;
2        (11) is subject to involuntary admission as an
3    outpatient as defined in Section 1-119.1 of the Mental
4    Health and Developmental Disabilities Code;
5        (12) is subject to judicial admission as set forth in
6    Section 4-500 of the Mental Health and Developmental
7    Disabilities Code; or
8        (13) is subject to the provisions of the Interstate
9    Agreements on Sexually Dangerous Persons Act.
10    "Clear and present danger" means a person who:
11        (1) communicates a serious threat of physical violence
12    against a reasonably identifiable victim or poses a clear
13    and imminent risk of serious physical injury to himself,
14    herself, or another person as determined by a physician,
15    clinical psychologist, or qualified examiner; or
16        (2) demonstrates threatening physical or verbal
17    behavior, such as violent, suicidal, or assaultive
18    threats, actions, or other behavior, as determined by a
19    physician, clinical psychologist, qualified examiner,
20    school administrator, or law enforcement official.
21    "Clinical psychologist" has the meaning provided in
22Section 1-103 of the Mental Health and Developmental
23Disabilities Code.
24    "Controlled substance" means a controlled substance or
25controlled substance analog as defined in the Illinois
26Controlled Substances Act.

 

 

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1    "Counterfeit" means to copy or imitate, without legal
2authority, with intent to deceive.
3    disability
4    This disability results in the professional opinion of a
5physician, clinical psychologist, or qualified examiner, in
6significant functional limitations in 3 or more of the
7following areas of major life activity:
8        (i) self-care;
9        (ii) receptive and expressive language;
10        (iii) learning;
11        (iv) mobility; or
12        (v) self-direction.
13    "Federally licensed firearm dealer" means a person who is
14licensed as a federal firearms dealer under Section 923 of the
15federal Gun Control Act of 1968 (18 U.S.C. 923).
16    "Firearm" means any device, by whatever name known, which
17is designed to expel a projectile or projectiles by the action
18of an explosion, expansion of gas or escape of gas; excluding,
19however:
20        (1) any pneumatic gun, spring gun, paint ball gun, or
21    B-B gun which expels a single globular projectile not
22    exceeding .18 inch in diameter or which has a maximum
23    muzzle velocity of less than 700 feet per second;
24        (1.1) any pneumatic gun, spring gun, paint ball gun, or
25    B-B gun which expels breakable paint balls containing
26    washable marking colors;

 

 

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1        (2) any device used exclusively for signalling or
2    safety and required or recommended by the United States
3    Coast Guard or the Interstate Commerce Commission;
4        (3) any device used exclusively for the firing of stud
5    cartridges, explosive rivets or similar industrial
6    ammunition; and
7        (4) an antique firearm (other than a machine-gun)
8    which, although designed as a weapon, the Department of
9    State Police finds by reason of the date of its
10    manufacture, value, design, and other characteristics is
11    primarily a collector's item and is not likely to be used
12    as a weapon.
13    "Firearm ammunition" means any self-contained cartridge or
14shotgun shell, by whatever name known, which is designed to be
15used or adaptable to use in a firearm; excluding, however:
16        (1) any ammunition exclusively designed for use with a
17    device used exclusively for signalling or safety and
18    required or recommended by the United States Coast Guard or
19    the Interstate Commerce Commission; and
20        (2) any ammunition designed exclusively for use with a
21    stud or rivet driver or other similar industrial
22    ammunition.
23    "Gun show" means an event or function:
24        (1) at which the sale and transfer of firearms is the
25    regular and normal course of business and where 50 or more
26    firearms are displayed, offered, or exhibited for sale,

 

 

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1    transfer, or exchange; or
2        (2) at which not less than 10 gun show vendors display,
3    offer, or exhibit for sale, sell, transfer, or exchange
4    firearms.
5    "Gun show" includes the entire premises provided for an
6event or function, including parking areas for the event or
7function, that is sponsored to facilitate the purchase, sale,
8transfer, or exchange of firearms as described in this Section.
9Nothing in this definition shall be construed to exclude a gun
10show held in conjunction with competitive shooting events at
11the World Shooting Complex sanctioned by a national governing
12body in which the sale or transfer of firearms is authorized
13under subparagraph (5) of paragraph (g) of subsection (A) of
14Section 24-3 of the Criminal Code of 2012.
15    Unless otherwise expressly stated, "gun show" does not
16include training or safety classes, competitive shooting
17events, such as rifle, shotgun, or handgun matches, trap,
18skeet, or sporting clays shoots, dinners, banquets, raffles, or
19any other event where the sale or transfer of firearms is not
20the primary course of business.
21    "Gun show promoter" means a person who organizes or
22operates a gun show.
23    "Gun show vendor" means a person who exhibits, sells,
24offers for sale, transfers, or exchanges any firearms at a gun
25show, regardless of whether the person arranges with a gun show
26promoter for a fixed location from which to exhibit, sell,

 

 

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1offer for sale, transfer, or exchange any firearm.
2    "Gun violence restraining order" means an order, in
3writing, signed by the court, prohibiting and enjoining a named
4person from having in his or her custody or control, owning,
5purchasing, possessing, or receiving any firearms or firearm
6ammunition and ordering the seizure of the named person's
7firearms, Firearm Owner's Identification Card and concealed
8carry license, if any, during the duration of the order.
9    "Immediate family" means any spouse, whether by marriage or
10not, parent, child, any person related by consanguinity or
11affinity within the second degree, or any other person who
12regularly resides in the household, or who, within the prior 6
13months, regularly resided in the household.
14    "Involuntarily admitted" has the meaning as prescribed in
15Sections 1-119 and 1-119.1 of the Mental Health and
16Developmental Disabilities Code.
17    "Mental health facility" means any licensed private
18hospital or hospital affiliate, institution, or facility, or
19part thereof, and any facility, or part thereof, operated by
20the State or a political subdivision thereof which provide
21treatment of persons with mental illness and includes all
22hospitals, institutions, clinics, evaluation facilities,
23mental health centers, colleges, universities, long-term care
24facilities, and nursing homes, or parts thereof, which provide
25treatment of persons with mental illness whether or not the
26primary purpose is to provide treatment of persons with mental

 

 

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1illness.
2    "National governing body" means a group of persons who
3adopt rules and formulate policy on behalf of a national
4firearm sporting organization.
5    "Patient" means:
6        (1) a person who voluntarily receives mental health
7    treatment as an in-patient or resident of any public or
8    private mental health facility, unless the treatment was
9    solely for an alcohol abuse disorder and no other secondary
10    substance abuse disorder or mental illness; or
11        (2) a person who voluntarily receives mental health
12    treatment as an out-patient or is provided services by a
13    public or private mental health facility, and who poses a
14    clear and present danger to himself, herself, or to others.
15    "Person with a developmental disability" means a person
16with a disability which is attributable to any other condition
17which results in impairment similar to that caused by an
18intellectual disability and which requires services similar to
19those required by persons with intellectual disabilities. The
20disability must originate before the age of 18 years, be
21expected to continue indefinitely, and constitute a
22substantial disability. This disability results, in the
23professional opinion of a physician, clinical psychologist, or
24qualified examiner, in significant functional limitations in 3
25or more of the following areas of major life activity:
26        (i) self-care;

 

 

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1        (ii) receptive and expressive language;
2        (iii) learning;
3        (iv) mobility; or
4        (v) self-direction.
5    "Person with an intellectual disability" means a person
6with a significantly subaverage general intellectual
7functioning which exists concurrently with impairment in
8adaptive behavior and which originates before the age of 18
9years.
10    "Physician" has the meaning as defined in Section 1-120 of
11the Mental Health and Developmental Disabilities Code.
12    "Qualified examiner" has the meaning provided in Section
131-122 of the Mental Health and Developmental Disabilities Code.
14    "Sanctioned competitive shooting event" means a shooting
15contest officially recognized by a national or state shooting
16sport association, and includes any sight-in or practice
17conducted in conjunction with the event.
18    "School administrator" means the person required to report
19under the School Administrator Reporting of Mental Health Clear
20and Present Danger Determinations Law.
21    "Stun gun or taser" has the meaning ascribed to it in
22Section 24-1 of the Criminal Code of 2012.
23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
24eff. 7-27-15; revised 10-20-15.)
 
25    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)

 

 

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1    Sec. 8. Grounds for denial and revocation. The Department
2of State Police has authority to deny an application for or to
3revoke and seize a Firearm Owner's Identification Card
4previously issued under this Act only if the Department finds
5that the applicant or the person to whom such card was issued
6is or was at the time of issuance:
7        (a) A person under 21 years of age who has been
8    convicted of a misdemeanor other than a traffic offense or
9    adjudged delinquent;
10        (b) A person under 21 years of age who does not have
11    the written consent of his parent or guardian to acquire
12    and possess firearms and firearm ammunition, or whose
13    parent or guardian has revoked such written consent, or
14    where such parent or guardian does not qualify to have a
15    Firearm Owner's Identification Card;
16        (c) A person convicted of a felony under the laws of
17    this or any other jurisdiction;
18        (d) A person addicted to narcotics;
19        (e) A person who has been a patient of a mental health
20    facility within the past 5 years or a person who has been a
21    patient in a mental health facility more than 5 years ago
22    who has not received the certification required under
23    subsection (u) of this Section. An active law enforcement
24    officer employed by a unit of government who is denied,
25    revoked, or has his or her Firearm Owner's Identification
26    Card seized under this subsection (e) may obtain relief as

 

 

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1    described in subsection (c-5) of Section 10 of this Act if
2    the officer did not act in a manner threatening to the
3    officer, another person, or the public as determined by the
4    treating clinical psychologist or physician, and the
5    officer seeks mental health treatment;
6        (f) A person whose mental condition is of such a nature
7    that it poses a clear and present danger to the applicant,
8    any other person or persons or the community;
9        (g) A person who has an intellectual disability;
10        (h) A person who intentionally makes a false statement
11    in the Firearm Owner's Identification Card application;
12        (i) An alien who is unlawfully present in the United
13    States under the laws of the United States;
14        (i-5) An alien who has been admitted to the United
15    States under a non-immigrant visa (as that term is defined
16    in Section 101(a)(26) of the Immigration and Nationality
17    Act (8 U.S.C. 1101(a)(26))), except that this subsection
18    (i-5) does not apply to any alien who has been lawfully
19    admitted to the United States under a non-immigrant visa if
20    that alien is:
21            (1) admitted to the United States for lawful
22        hunting or sporting purposes;
23            (2) an official representative of a foreign
24        government who is:
25                (A) accredited to the United States Government
26            or the Government's mission to an international

 

 

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1            organization having its headquarters in the United
2            States; or
3                (B) en route to or from another country to
4            which that alien is accredited;
5            (3) an official of a foreign government or
6        distinguished foreign visitor who has been so
7        designated by the Department of State;
8            (4) a foreign law enforcement officer of a friendly
9        foreign government entering the United States on
10        official business; or
11            (5) one who has received a waiver from the Attorney
12        General of the United States pursuant to 18 U.S.C.
13        922(y)(3);
14        (j) (Blank);
15        (k) A person who has been convicted within the past 5
16    years of battery, assault, aggravated assault, violation
17    of an order of protection, or a substantially similar
18    offense in another jurisdiction, in which a firearm was
19    used or possessed;
20        (l) A person who has been convicted of domestic
21    battery, aggravated domestic battery, or a substantially
22    similar offense in another jurisdiction committed before,
23    on or after January 1, 2012 (the effective date of Public
24    Act 97-158). If the applicant or person who has been
25    previously issued a Firearm Owner's Identification Card
26    under this Act knowingly and intelligently waives the right

 

 

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1    to have an offense described in this paragraph (l) tried by
2    a jury, and by guilty plea or otherwise, results in a
3    conviction for an offense in which a domestic relationship
4    is not a required element of the offense but in which a
5    determination of the applicability of 18 U.S.C. 922(g)(9)
6    is made under Section 112A-11.1 of the Code of Criminal
7    Procedure of 1963, an entry by the court of a judgment of
8    conviction for that offense shall be grounds for denying an
9    application for and for revoking and seizing a Firearm
10    Owner's Identification Card previously issued to the
11    person under this Act;
12        (m) (Blank);
13        (n) A person who is prohibited from acquiring or
14    possessing firearms or firearm ammunition by any Illinois
15    State statute or by federal law;
16        (o) A minor subject to a petition filed under Section
17    5-520 of the Juvenile Court Act of 1987 alleging that the
18    minor is a delinquent minor for the commission of an
19    offense that if committed by an adult would be a felony;
20        (p) An adult who had been adjudicated a delinquent
21    minor under the Juvenile Court Act of 1987 for the
22    commission of an offense that if committed by an adult
23    would be a felony;
24        (q) A person who is not a resident of the State of
25    Illinois, except as provided in subsection (a-10) of
26    Section 4;

 

 

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1        (r) A person who has been adjudicated as a person with
2    a mental disability;
3        (s) A person who has been found to have a developmental
4    disability;
5        (t) A person involuntarily admitted into a mental
6    health facility; or
7        (u) A person who has had his or her Firearm Owner's
8    Identification Card revoked or denied under subsection (e)
9    of this Section or item (iv) of paragraph (2) of subsection
10    (a) of Section 4 of this Act because he or she was a
11    patient in a mental health facility as provided in
12    subsection (e) of this Section, shall not be permitted to
13    obtain a Firearm Owner's Identification Card, after the
14    5-year period has lapsed, unless he or she has received a
15    mental health evaluation by a physician, clinical
16    psychologist, or qualified examiner as those terms are
17    defined in the Mental Health and Developmental
18    Disabilities Code, and has received a certification that he
19    or she is not a clear and present danger to himself,
20    herself, or others. The physician, clinical psychologist,
21    or qualified examiner making the certification and his or
22    her employer shall not be held criminally, civilly, or
23    professionally liable for making or not making the
24    certification required under this subsection, except for
25    willful or wanton misconduct. This subsection does not
26    apply to a person whose firearm possession rights have been

 

 

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1    restored through administrative or judicial action under
2    Section 10 or 11 of this Act; or
3        (v) A person who is subject to a gun violence
4    restraining order issued under Section 8.3 of this Act
5    during the duration of the order.
6    Upon revocation of a person's Firearm Owner's
7Identification Card, the Department of State Police shall
8provide notice to the person and the person shall comply with
9Section 9.5 of this Act.
10(Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,
11eff. 7-16-14; 99-143, eff. 7-27-15.)
 
12    (430 ILCS 65/8.3 new)
13    Sec. 8.3. Gun violence restraining order.
14    (a) The Supreme Court may prescribe the form of the
15petitions and orders and any other documents, and may adopt any
16rules of court, necessary to implement this Section.
17    (b) An immediate family member of a person or a law
18enforcement officer may file a petition requesting that the
19court issue either a plenary or ex parte gun violence
20restraining order enjoining the subject of the petition from
21having in his or her custody or control, owning, purchasing,
22possessing, or receiving a firearm or firearm ammunition. A
23petition for a gun violence restraining order shall describe
24the number, types, and locations of any firearms and firearm
25ammunition presently believed by the petitioner to be possessed

 

 

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1or controlled by the subject of the petition. Prior to a
2hearing on the issuance, renewal, or termination of an order
3under this Section, the court shall ensure that a search of
4LEADS and other law enforcement databases is conducted of any
5conviction information of the respondent for a forcible felony;
6any misdemeanor conviction involving domestic violence,
7weapons, or other violence; any outstanding warrant; parole,
8mandatory supervised release, aftercare release, probation, or
9conditional discharge status; any prior restraining order; and
10any violation of a prior restraining order. After issuing its
11ruling, the court shall provide the advisement to the parties
12that the information obtained from the search conducted under
13this subsection (b) is confidential and may be released only to
14the parties and their counsels, and court personnel. The court
15shall keep information obtained from a search conducted under
16this subsection (b) confidential in accordance with this
17subsection (b). The court shall notify the Department of State
18Police when a gun violence restraining order has been issued or
19renewed under this Section no later than one court day after
20issuing or renewing the order.
21    (c) A court may issue a gun violence restraining order if
22the petition, supported by an affidavit made in writing and
23signed by the petitioner under oath, or an oral statement, and
24any additional information provided to the court that shows
25that there is a substantial likelihood that both of the
26following are true:

 

 

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1        (1) the subject of the petition poses a clear and
2    present danger of personal injury to himself, herself, or
3    another by having in his or her custody or control, owning,
4    purchasing, possessing, or receiving a firearm as
5    determined by considering the factors listed in subsection
6    (f) of this Section; and
7        (2) a gun violence restraining order is necessary to
8    prevent personal injury to the subject of the petition or
9    another because less restrictive alternatives either have
10    been tried and found to be ineffective, or are inadequate
11    or inappropriate for the circumstances of the subject of
12    the petition.
13    (d) An affidavit supporting a petition for the issuance of
14a gun violence restraining order shall set forth the facts
15tending to establish the grounds of the petition, or the reason
16for believing that they exist.
17    (e) If the court determines that the petitioner,
18respondent, or another person is in imminent danger of death or
19great bodily harm because of an act of the respondent, the
20court may issue an ex parte gun violence restraining order
21without notice and hearing. An ex parte order under this
22subsection (e) shall be issued or denied on the same day that
23the petition is submitted to the court, unless the petition is
24filed too late in the day to permit effective review, in which
25case the order shall be issued or denied on the next day of
26judicial business in sufficient time for the order to be filed

 

 

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1that day with the clerk of the court. The court, before issuing
2an ex parte gun violence restraining order, shall examine on
3oath, the petitioner and any witness the petitioner may
4produce. In lieu of examining the petitioner and any witness
5the petitioner may produce, the court may require the
6petitioner and any witness to submit a written affidavit signed
7under oath.
8    (f) In determining whether grounds for a gun violence
9restraining order exist, the court shall consider all evidence
10of the following:
11        (1) a recent threat of violence or act of violence by
12    the subject of the petition directed toward another;
13        (2) a recent threat of violence or act of violence by
14    the subject of the petition directed toward himself or
15    herself;
16        (3) a violation of an emergency order of protection
17    issued under Section 112A-17 of the Code of Criminal
18    Procedure of 1963 or under Section 217 of the Illinois
19    Domestic Violence Act of 1986 that is in effect at the time
20    the court is considering the petition;
21        (4) a recent violation of an unexpired order of
22    protection issued under Section 112A-14, 112A-18, or
23    112A-19 of the Code of Criminal Procedure of 1963 or under
24    Section 214, 218, or 219 of the Illinois Domestic Violence
25    Act of 1986, a stalking no contact order issued under
26    Section 80, 95, or 100 of the Stalking No Contact Order

 

 

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1    Act, or a civil no contact order issued under Section 213,
2    214, or 215 of the Civil No Contact Order Act;
3        (5) a conviction for any offense listed in Article 24
4    of the Criminal Code of 2012;
5        (6) a pattern of violent acts or violent threats within
6    the past 12 months, including, but not limited to, threats
7    of violence or acts of violence by the subject of the
8    petition directed toward himself, herself, or another. In
9    determining whether grounds for a gun violence restraining
10    order exist, the court may consider any other evidence of
11    an increased risk for violence, including, but not limited
12    to, evidence of any of the following:
13            (i) the unlawful and reckless use, display, or
14        brandishing of a firearm by the subject of the
15        petition;
16            (ii) the history of use, attempted use, or
17        threatened use of physical force by the subject of the
18        petition against another person;
19            (iii) any prior arrest of the subject of the
20        petition for a felony offense;
21            (iv) any history of a violation by the subject of
22        the petition of an emergency order of protection issued
23        under Section 112A-17 of the Code of Criminal Procedure
24        of 1963 or under Section 217 of the Illinois Domestic
25        Violence Act of 1986 that is in effect at the time the
26        court is considering the petition;

 

 

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1            (v) any history of a violation by the subject of
2        the petition of a order of protection issued under
3        Section 112A-14, 112A-18, or 112A-19 of the Code of
4        Criminal Procedure of 1963 or under Section 214, 218,
5        or 219 of the Illinois Domestic Violence Act of 1986, a
6        stalking no contact order issued under Section 80, 95,
7        or 100 of the Stalking No Contact Order Act, or a civil
8        no contact order issued under Section 213, 214, or 215
9        of the Civil No Contact Order Act;
10            (vi) documentary evidence, including, but not
11        limited to, police reports and records of convictions,
12        of either recent criminal offenses by the subject of
13        the petition that involve controlled substances or
14        alcohol or ongoing abuse of controlled substances or
15        alcohol by the subject of the petition; or
16            (vii) evidence of recent acquisition of firearms,
17        ammunition, or other deadly weapons. As used in this
18        item (vii), "recent" means within the 6 months prior to
19        the date the petition was filed.
20    (g) If the court determines that there are grounds to issue
21an ex parte gun violence restraining order, it shall issue an
22ex parte gun violence restraining order that prohibits the
23subject of the petition from having in his or her custody or
24control, owning, purchasing, possessing, or receiving, or
25attempting to purchase or receive, a firearm or ammunition, and
26expires no later than 21 days from the date of the order. The

 

 

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1order shall also require that the Department of State Police
2seize the respondent's firearms and Firearm Owner's
3Identification Card and concealed carry license, if
4applicable. The respondent's firearms, Firearm Owner's
5Identification Card and concealed carry license, if applicable
6shall be returned to the respondent upon expiration of the
7order.
8    (h) A gun violence restraining order issued under this
9Section shall include all of the following:
10        (1) a statement of the grounds supporting the issuance
11    of the order;
12        (2) the date and time the order expires;
13        (3) the address of the circuit court in which any
14    responsive pleading should be filed;
15        (4) the date and time of the scheduled hearing; and
16        (5) the following statement:
17            "To the restrained person: This order will last
18        until .... (the date and time noted in the order). If
19        you have not done so already, you must surrender all
20        firearms and firearm ammunition that you own or possess
21        and your Firearm Owner's Identification Card and
22        concealed carry license if one has been issued to you
23        in accordance with Section 8.3 of the Firearm Owners
24        Identification Card Act. You may not have in your
25        custody or control, own, purchase, possess, or
26        receive, or attempt to purchase or receive a firearm or

 

 

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1        firearm ammunition, while this order is in effect.
2        Under Section 8.3 of the Firearm Owners Identification
3        Card Act, you have the right to request one hearing to
4        terminate this order at any time during its effective
5        period. You may seek the advice of an attorney as to
6        any matter connected with the order."
7    (i) (1) A gun violence restraining order shall be
8personally served on the restrained person by a person
9authorized to serve process under Section 2-202 of the Code of
10Civil Procedure, if the restrained person can reasonably be
11located.
12    (2) When serving an ex parte gun violence restraining
13order, a law enforcement officer shall inform the restrained
14person of the hearing scheduled under this Section. Within 21
15days after the date on the order, before the court that issued
16the order or another court in the same circuit, the court shall
17hold a hearing under this Section to determine if a gun
18violence restraining order should be issued under this Section.
19    (j) When the court issues a plenary gun violence
20restraining order under this Section, the court shall inform
21the restrained person that he or she is entitled to one hearing
22to request a termination of the order under this Section, and
23shall provide the restrained person with a form to request a
24hearing.
25    (k) A person subject to a gun violence restraining order
26issued under this Section may submit one written request at any

 

 

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1time during the effective period of the order for a hearing to
2terminate the order.
3    (l) If the court finds after the hearing that there is no
4longer clear and convincing evidence to believe that paragraphs
5(1) and (2) of subsection (c) of this Section are true, the
6court shall terminate the order.
7    (m) An immediate family member of a restrained person or a
8law enforcement officer may request a renewal of a gun violence
9restraining order at any time within the 3 months before the
10expiration of a gun violence restraining order.
11    (n) A court may, after notice and a hearing, renew a gun
12violence restraining order issued under this Section if the
13petitioner proves, by clear and convincing evidence, that
14paragraphs (1) and (2) of subsection (c) of this Section
15continue to be true.
16    (o) In determining whether to renew a gun violence
17restraining order issued under this Section, the court shall
18consider evidence of the facts identified in subsection (f) of
19this Section.
20    (p) At the hearing, the petitioner shall have the burden of
21proving, by clear and convincing evidence, that paragraphs (1)
22and (2) of subsection (c) of this Section are true.
23    (q) If the renewal petition is supported by clear and
24convincing evidence, the court shall renew the gun violence
25restraining order issued under this Section.
26    (r) The renewal of a gun violence restraining order issued

 

 

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1under this Section shall have a duration of one year, subject
2to termination by further order of the court at a hearing held
3under this Section and further renewal by further order of the
4court under this Section.
5    (s) A gun violence restraining order renewed under this
6Section shall include the information identified in subsection
7(f) of this Section. Any hearing held under this Section may be
8continued upon a showing of good cause. Any existing order
9issued under this Section shall remain in full force and effect
10during the period of continuance.
11    (t) If a person subject to a gun violence restraining order
12issued or renewed under this Section was not present in court
13at the time the order was issued or renewed, the gun violence
14restraining order shall be personally served on the restrained
15person by a person authorized to serve process under Section
162-202 of the Code of Civil Procedure, if the restrained person
17can reasonably be located.
18    (u) Nothing in this Section shall be interpreted to require
19a law enforcement agency or a law enforcement officer to seek a
20gun violence restraining order in any case, including, but not
21limited to, in a case in which the agency or officer concludes,
22after investigation, that the criteria for issuance of a gun
23violence restraining order are not satisfied.
 
24    Section 10. The Firearm Concealed Carry Act is amended by
25changing Section 70 as follows:
 

 

 

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1    (430 ILCS 66/70)
2    Sec. 70. Violations.
3    (a) A license issued or renewed under this Act shall be
4revoked if, at any time, the licensee is found to be ineligible
5for a license under this Act or the licensee no longer meets
6the eligibility requirements of the Firearm Owners
7Identification Card Act.
8    (b) A license shall be suspended if an order of protection,
9including an emergency order of protection, plenary order of
10protection, or interim order of protection under Article 112A
11of the Code of Criminal Procedure of 1963 or under the Illinois
12Domestic Violence Act of 1986, is issued against a licensee for
13the duration of the order, or if the Department is made aware
14of a similar order issued against the licensee in any other
15jurisdiction. If an order of protection is issued against a
16licensee, the licensee shall surrender the license, as
17applicable, to the court at the time the order is entered or to
18the law enforcement agency or entity serving process at the
19time the licensee is served the order. The court, law
20enforcement agency, or entity responsible for serving the order
21of protection shall notify the Department within 7 days and
22transmit the license to the Department.
23    (c) A license is invalid upon expiration of the license,
24unless the licensee has submitted an application to renew the
25license, and the applicant is otherwise eligible to possess a

 

 

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1license under this Act.
2    (d) A licensee shall not carry a concealed firearm while
3under the influence of alcohol, other drug or drugs,
4intoxicating compound or combination of compounds, or any
5combination thereof, under the standards set forth in
6subsection (a) of Section 11-501 of the Illinois Vehicle Code.
7    A licensee in violation of this subsection (d) shall be
8guilty of a Class A misdemeanor for a first or second violation
9and a Class 4 felony for a third violation. The Department may
10suspend a license for up to 6 months for a second violation and
11shall permanently revoke a license for a third violation.
12    (e) Except as otherwise provided, a licensee in violation
13of this Act shall be guilty of a Class B misdemeanor. A second
14or subsequent violation is a Class A misdemeanor. The
15Department may suspend a license for up to 6 months for a
16second violation and shall permanently revoke a license for 3
17or more violations of Section 65 of this Act. Any person
18convicted of a violation under this Section shall pay a $150
19fee to be deposited into the Mental Health Reporting Fund, plus
20any applicable court costs or fees.
21    (f) A licensee convicted or found guilty of a violation of
22this Act who has a valid license and is otherwise eligible to
23carry a concealed firearm shall only be subject to the
24penalties under this Section and shall not be subject to the
25penalties under Section 21-6, paragraph (4), (8), or (10) of
26subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)

 

 

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1of paragraph (3) of subsection (a) of Section 24-1.6 of the
2Criminal Code of 2012. Except as otherwise provided in this
3subsection, nothing in this subsection prohibits the licensee
4from being subjected to penalties for violations other than
5those specified in this Act.
6    (g) A licensee whose license is revoked, suspended, or
7denied shall, within 48 hours of receiving notice of the
8revocation, suspension, or denial, surrender his or her
9concealed carry license to the local law enforcement agency
10where the person resides. The local law enforcement agency
11shall provide the licensee a receipt and transmit the concealed
12carry license to the Department of State Police. If the
13licensee whose concealed carry license has been revoked,
14suspended, or denied fails to comply with the requirements of
15this subsection, the law enforcement agency where the person
16resides may petition the circuit court to issue a warrant to
17search for and seize the concealed carry license in the
18possession and under the custody or control of the licensee
19whose concealed carry license has been revoked, suspended, or
20denied. The observation of a concealed carry license in the
21possession of a person whose license has been revoked,
22suspended, or denied constitutes a sufficient basis for the
23arrest of that person for violation of this subsection. A
24violation of this subsection is a Class A misdemeanor.
25    (h) A license issued or renewed under this Act shall be
26revoked if, at any time, the licensee is found ineligible for a

 

 

SB3283- 28 -LRB099 19066 RLC 43455 b

1Firearm Owner's Identification Card, or the licensee no longer
2possesses a valid Firearm Owner's Identification Card. A
3licensee whose license is revoked under this subsection (h)
4shall surrender his or her concealed carry license as provided
5for in subsection (g) of this Section.
6    This subsection shall not apply to a person who has filed
7an application with the State Police for renewal of a Firearm
8Owner's Identification Card and who is not otherwise ineligible
9to obtain a Firearm Owner's Identification Card.
10    (i) A certified firearms instructor who knowingly provides
11or offers to provide a false certification that an applicant
12has completed firearms training as required under this Act is
13guilty of a Class A misdemeanor. A person guilty of a violation
14of this subsection (i) is not eligible for court supervision.
15The Department shall permanently revoke the firearms
16instructor certification of a person convicted under this
17subsection (i).
18    (j) A person who is subject to a gun violence restraining
19order shall surrender his or her concealed carry license to the
20Department of State Police. The person's license shall be
21suspended during the duration of the order.
22(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899,
23eff. 8-15-14.)