Illinois General Assembly - Full Text of HB1092
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Full Text of HB1092  102nd General Assembly

HB1092enr 102ND GENERAL ASSEMBLY



 


 
HB1092 EnrolledLRB102 03106 RLC 13119 b

1    AN ACT concerning criminal law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended by adding Section 2310-705 as follows:
 
7    (20 ILCS 2310/2310-705 new)
8    Sec. 2310-705. Firearms restraining order awareness.
9    (a) The Department, subject to appropriation or other
10available funding, shall conduct a program to promote
11awareness of firearms restraining orders to the general
12public. The program may include, but is not limited to:
13        (1) dissemination of information, either online or
14    with an in-person pamphlet, of the options people have to
15    seek assistance using a firearms restraining order and the
16    process in which to file one;
17        (2) production of materials that can be given to
18    health care workers that assist in identifying people who
19    may benefit from awareness of the Firearms Restraining
20    Order Act; and
21        (3) specific information on situations in which a
22    firearms restraining order may be appropriate such as with
23    situations of domestic violence, mental health crisis, or

 

 

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1    anyone who is at risk of injuring themselves or others.
2    (b) Beginning July 1, 2022, the program must include the
3development and dissemination, through print, digital, and
4broadcast media, of public service announcements that
5publicize the firearms restraining order.
 
6    Section 10. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by adding
8Section 2605-51 as follows:
 
9    (20 ILCS 2605/2605-51 new)
10    Sec. 2605-51. Commission on implementing the Firearms
11Restraining Order Act.
12    (a) There is created the Commission on Implementing the
13Firearms Restraining Order Act composed of at least 12 members
14to advise on the strategies of education and implementation of
15the Firearms Restraining Order Act. The Commission shall be
16appointed by the Director of the Illinois State Police or his
17or her designee and shall include a liaison or representative
18nominated from the following:
19        (1) the Office of the Attorney General, appointed by
20    the Attorney General;
21        (2) the Director of the Illinois State Police or his
22    or her designee;
23        (3) at least 3 State's Attorneys, nominated by the
24    Director of the Office of the State's Attorneys Appellate

 

 

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1    Prosecutor;
2        (4) at least 2 municipal police department
3    representatives, nominated by the Illinois Association of
4    Chiefs of Police;
5        (5) an Illinois sheriff, nominated by the Illinois
6    Sheriffs' Association;
7        (6) the Director of Public Health or his or her
8    designee;
9        (7) the Illinois Law Enforcement Training Standards
10    Board, nominated by the Executive Director of the Board;
11        (8) a representative from a public defender's office,
12    nominated by the State Appellate Defender;
13        (9) a circuit court judge, nominated by the Chief
14    Justice of the Supreme Court;
15        (10) a prosecutor with experience managing or
16    directing a program in another state where the
17    implementation of that state's extreme risk protection
18    order law has achieved high rates of petition filings
19    nominated by the National District Attorneys Association;
20    and
21        (11) an expert from law enforcement who has experience
22    managing or directing a program in another state where the
23    implementation of that state's extreme risk protection
24    order law has achieved high rates of petition filings
25    nominated by the Director of the Illinois State Police.
26    (b) The Commission shall be chaired by the Director of the

 

 

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1Illinois State Police or his or her designee. The Commission
2shall meet, either virtually or in person, to discuss the
3implementation of the Firearms Restraining Order Act as
4determined by the Commission while the strategies are being
5established.
6    (c) The members of the Commission shall serve without
7compensation and shall serve 3-year terms.
8    (d) An annual report shall be submitted to the General
9Assembly by the Commission that may include summary
10information about firearms restraining order use by county,
11challenges to Firearms Restraining Order Act implementation,
12and recommendations for increasing and improving
13implementation.
14    (e) The Commission shall develop a model policy with an
15overall framework for the timely relinquishment of firearms
16whenever a firearms restraining order is issued. The model
17policy shall be finalized within the first 4 months of
18convening. In formulating the model policy, the Commission
19shall consult counties in Illinois and other states with
20extreme risk protection order laws which have achieved a high
21rate of petition filings. Once approved, the Illinois State
22Police shall work with their local law enforcement agencies
23within their county to design a comprehensive strategy for the
24timely relinquishment of firearms, using the model policy as
25an overall framework. Each individual agency may make small
26modifications as needed to the model policy and must approve

 

 

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1and adopt a policy that aligns with the model policy. The
2Illinois State Police shall convene local police chiefs and
3sheriffs within their county as needed to discuss the
4relinquishment of firearms.
5    (f) The Commission shall be dissolved 3 years after the
6effective date of this amendatory Act of the 102nd General
7Assembly.
8    (g) This Section is repealed 4 years after the effective
9date of this amendatory Act of the 102nd General Assembly.
 
10    Section 15. The Illinois Police Training Act is amended by
11changing Section 7 and by adding Section 7.1 as follows:
 
12    (50 ILCS 705/7)  (from Ch. 85, par. 507)
13    Sec. 7. Rules and standards for schools. The Board shall
14adopt rules and minimum standards for such schools which shall
15include, but not be limited to, the following:
16        a. The curriculum for probationary police officers
17    which shall be offered by all certified schools shall
18    include, but not be limited to, courses of procedural
19    justice, arrest and use and control tactics, search and
20    seizure, including temporary questioning, civil rights,
21    human rights, human relations, cultural competency,
22    including implicit bias and racial and ethnic sensitivity,
23    criminal law, law of criminal procedure, constitutional
24    and proper use of law enforcement authority, vehicle and

 

 

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1    traffic law including uniform and non-discriminatory
2    enforcement of the Illinois Vehicle Code, traffic control
3    and accident investigation, techniques of obtaining
4    physical evidence, court testimonies, statements, reports,
5    firearms training, training in the use of electronic
6    control devices, including the psychological and
7    physiological effects of the use of those devices on
8    humans, first-aid (including cardiopulmonary
9    resuscitation), training in the administration of opioid
10    antagonists as defined in paragraph (1) of subsection (e)
11    of Section 5-23 of the Substance Use Disorder Act,
12    handling of juvenile offenders, recognition of mental
13    conditions and crises, including, but not limited to, the
14    disease of addiction, which require immediate assistance
15    and response and methods to safeguard and provide
16    assistance to a person in need of mental treatment,
17    recognition of abuse, neglect, financial exploitation, and
18    self-neglect of adults with disabilities and older adults,
19    as defined in Section 2 of the Adult Protective Services
20    Act, crimes against the elderly, law of evidence, the
21    hazards of high-speed police vehicle chases with an
22    emphasis on alternatives to the high-speed chase, and
23    physical training. The curriculum shall include specific
24    training in techniques for immediate response to and
25    investigation of cases of domestic violence and of sexual
26    assault of adults and children, including cultural

 

 

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1    perceptions and common myths of sexual assault and sexual
2    abuse as well as interview techniques that are age
3    sensitive and are trauma informed, victim centered, and
4    victim sensitive. The curriculum shall include training in
5    techniques designed to promote effective communication at
6    the initial contact with crime victims and ways to
7    comprehensively explain to victims and witnesses their
8    rights under the Rights of Crime Victims and Witnesses Act
9    and the Crime Victims Compensation Act. The curriculum
10    shall also include training in effective recognition of
11    and responses to stress, trauma, and post-traumatic stress
12    experienced by police officers that is consistent with
13    Section 25 of the Illinois Mental Health First Aid
14    Training Act in a peer setting, including recognizing
15    signs and symptoms of work-related cumulative stress,
16    issues that may lead to suicide, and solutions for
17    intervention with peer support resources. The curriculum
18    shall include a block of instruction addressing the
19    mandatory reporting requirements under the Abused and
20    Neglected Child Reporting Act. The curriculum shall also
21    include a block of instruction aimed at identifying and
22    interacting with persons with autism and other
23    developmental or physical disabilities, reducing barriers
24    to reporting crimes against persons with autism, and
25    addressing the unique challenges presented by cases
26    involving victims or witnesses with autism and other

 

 

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1    developmental disabilities. The curriculum shall include
2    training in the detection and investigation of all forms
3    of human trafficking. The curriculum shall also include
4    instruction in trauma-informed responses designed to
5    ensure the physical safety and well-being of a child of an
6    arrested parent or immediate family member; this
7    instruction must include, but is not limited to: (1)
8    understanding the trauma experienced by the child while
9    maintaining the integrity of the arrest and safety of
10    officers, suspects, and other involved individuals; (2)
11    de-escalation tactics that would include the use of force
12    when reasonably necessary; and (3) inquiring whether a
13    child will require supervision and care. The curriculum
14    for permanent police officers shall include, but not be
15    limited to: (1) refresher and in-service training in any
16    of the courses listed above in this subparagraph, (2)
17    advanced courses in any of the subjects listed above in
18    this subparagraph, (3) training for supervisory personnel,
19    and (4) specialized training in subjects and fields to be
20    selected by the board. The training in the use of
21    electronic control devices shall be conducted for
22    probationary police officers, including University police
23    officers. The curriculum shall also include training on
24    the use of a firearms restraining order by providing
25    instruction on the process used to file a firearms
26    restraining order and how to identify situations in which

 

 

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1    a firearms restraining order is appropriate.
2        b. Minimum courses of study, attendance requirements
3    and equipment requirements.
4        c. Minimum requirements for instructors.
5        d. Minimum basic training requirements, which a
6    probationary police officer must satisfactorily complete
7    before being eligible for permanent employment as a local
8    law enforcement officer for a participating local
9    governmental agency. Those requirements shall include
10    training in first aid (including cardiopulmonary
11    resuscitation).
12        e. Minimum basic training requirements, which a
13    probationary county corrections officer must
14    satisfactorily complete before being eligible for
15    permanent employment as a county corrections officer for a
16    participating local governmental agency.
17        f. Minimum basic training requirements which a
18    probationary court security officer must satisfactorily
19    complete before being eligible for permanent employment as
20    a court security officer for a participating local
21    governmental agency. The Board shall establish those
22    training requirements which it considers appropriate for
23    court security officers and shall certify schools to
24    conduct that training.
25        A person hired to serve as a court security officer
26    must obtain from the Board a certificate (i) attesting to

 

 

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1    his or her successful completion of the training course;
2    (ii) attesting to his or her satisfactory completion of a
3    training program of similar content and number of hours
4    that has been found acceptable by the Board under the
5    provisions of this Act; or (iii) attesting to the Board's
6    determination that the training course is unnecessary
7    because of the person's extensive prior law enforcement
8    experience.
9        Individuals who currently serve as court security
10    officers shall be deemed qualified to continue to serve in
11    that capacity so long as they are certified as provided by
12    this Act within 24 months of June 1, 1997 (the effective
13    date of Public Act 89-685). Failure to be so certified,
14    absent a waiver from the Board, shall cause the officer to
15    forfeit his or her position.
16        All individuals hired as court security officers on or
17    after June 1, 1997 (the effective date of Public Act
18    89-685) shall be certified within 12 months of the date of
19    their hire, unless a waiver has been obtained by the
20    Board, or they shall forfeit their positions.
21        The Sheriff's Merit Commission, if one exists, or the
22    Sheriff's Office if there is no Sheriff's Merit
23    Commission, shall maintain a list of all individuals who
24    have filed applications to become court security officers
25    and who meet the eligibility requirements established
26    under this Act. Either the Sheriff's Merit Commission, or

 

 

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1    the Sheriff's Office if no Sheriff's Merit Commission
2    exists, shall establish a schedule of reasonable intervals
3    for verification of the applicants' qualifications under
4    this Act and as established by the Board.
5        g. Minimum in-service training requirements, which a
6    police officer must satisfactorily complete every 3 years.
7    Those requirements shall include constitutional and proper
8    use of law enforcement authority, procedural justice,
9    civil rights, human rights, mental health awareness and
10    response, officer wellness, reporting child abuse and
11    neglect, and cultural competency.
12        h. Minimum in-service training requirements, which a
13    police officer must satisfactorily complete at least
14    annually. Those requirements shall include law updates and
15    use of force training which shall include scenario based
16    training, or similar training approved by the Board.
17(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
18100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
191-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
20eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
21101-564, eff. 1-1-20; revised 9-10-19.)"; and
 
22    (50 ILCS 705/7.1 new)
23    Sec. 7.1. Firearms restraining order training.
24    (a) The Illinois Law Enforcement Training Standards Board
25shall develop and approve a standard curriculum for a training

 

 

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1program on the Firearms Restraining Order Act. The Board shall
2conduct a training program that trains officers on the use of
3firearms restraining orders, how to identify situations in
4which a firearms restraining order is appropriate, and how to
5safely promote the usage of the firearms restraining order in
6different situations. Officers who have successfully completed
7this program shall be issued a certificate attesting to their
8attendance.
9    (b) Every law enforcement officer shall complete this
10training once each year.
11    (c) If adequate training is unavailable, the Illinois Law
12Enforcement Training Standards Board may approve training to
13be conducted by a third party.
 
14    Section 20. The Firearms Restraining Order Act is amended
15by changing Sections 5, 10, 35, 40, and 45 and by adding
16Section 85 as follows:
 
17    (430 ILCS 67/5)
18    Sec. 5. Definitions. As used in this Act:
19    "Family member of the respondent" means a spouse, former
20spouse, person with whom the respondent has a minor child in
21common, parent, child, or step-child of the respondent, any
22other person related by blood or present marriage to the
23respondent, or a person who shares a common dwelling with the
24respondent.

 

 

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1    "Firearms restraining order" means an order issued by the
2court, prohibiting and enjoining a named person from having in
3his or her custody or control, purchasing, possessing, or
4receiving any firearms or ammunition, or removing firearm
5parts that could be assembled to make an operable firearm.
6    "Intimate partner" means a spouse, former spouse, a person
7with whom the respondent has or allegedly has a child in
8common, or a person with whom the respondent has or has had a
9dating or engagement relationship.
10    "Petitioner" means:
11        (1) a family member of the respondent as defined in
12    this Act; or
13        (2) a law enforcement officer who files a petition
14    alleging that the respondent poses a danger of causing
15    personal injury to himself, herself, or another by having
16    in his or her custody or control, purchasing, possessing,
17    or receiving a firearm, ammunition, or firearm parts that
18    could be assembled to make an operable firearm or removing
19    firearm parts that could be assembled to make an operable
20    firearm.
21    "Respondent" means the person alleged in the petition to
22pose a danger of causing personal injury to himself, herself,
23or another by having in his or her custody or control,
24purchasing, possessing, or receiving a firearm, ammunition, or
25firearm parts that could be assembled to make an operable
26firearm or removing firearm parts that could be assembled to

 

 

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1make an operable firearm.
2(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
3    (430 ILCS 67/10)
4    Sec. 10. Commencement of action; procedure.
5    (a) An action for a firearms restraining order is
6commenced by filing a verified petition for a firearms
7restraining order in any circuit court.
8    (b) A petition for a firearms restraining order may be
9filed in: (1) any county where the respondent resides or (2)
10any county where an incident occurred that involved the
11respondent posing an immediate and present danger of causing
12personal injury to the respondent or another by having in his
13or her custody or control, or purchasing, possessing, or
14receiving, a firearm, ammunition, or firearm parts that could
15be assembled to make an operable firearm.
16    (c) No fee shall be charged by the clerk for filing,
17amending, vacating, certifying, printing, or photocopying
18petitions or orders; or for issuing alias summons; or for any
19related filing service. No fee shall be charged by the sheriff
20or other law enforcement for service by the sheriff or other
21law enforcement of a petition, rule, motion, or order in an
22action commenced under this Section.
23    (d) The court shall provide, through the office of the
24clerk of the court, simplified forms and clerical assistance
25to help with the writing and filing of a petition under this

 

 

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1Section by any person not represented by counsel. In addition,
2that assistance may be provided by the State's Attorney.
3(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
4    (430 ILCS 67/35)
5    Sec. 35. Ex parte orders and emergency hearings.
6    (a) A petitioner may request an emergency firearms
7restraining order by filing an affidavit or verified pleading
8alleging that the respondent poses an immediate and present
9danger of causing personal injury to himself, herself, or
10another by having in his or her custody or control,
11purchasing, possessing, or receiving a firearm, ammunition, or
12firearm parts that could be assembled to make an operable
13firearm. The petition shall also describe the type and
14location of any firearm or firearms, ammunition, or firearm
15parts that could be assembled to make an operable firearm
16presently believed by the petitioner to be possessed or
17controlled by the respondent.
18    (b) If the respondent is alleged to pose an immediate and
19present danger of causing personal injury to an intimate
20partner, or an intimate partner is alleged to have been the
21target of a threat or act of violence by the respondent, the
22petitioner shall make a good faith effort to provide notice to
23any and all intimate partners of the respondent. The notice
24must include that the petitioner intends to petition the court
25for an emergency firearms restraining order, and, if the

 

 

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1petitioner is a law enforcement officer, referral to relevant
2domestic violence or stalking advocacy or counseling
3resources, if appropriate. The petitioner shall attest to
4having provided the notice in the filed affidavit or verified
5pleading. If, after making a good faith effort, the petitioner
6is unable to provide notice to any or all intimate partners,
7the affidavit or verified pleading should describe what
8efforts were made.
9    (c) Every person who files a petition for an emergency
10firearms restraining order, knowing the information provided
11to the court at any hearing or in the affidavit or verified
12pleading to be false, is guilty of perjury under Section 32-2
13of the Criminal Code of 2012.
14    (d) An emergency firearms restraining order shall be
15issued on an ex parte basis, that is, without notice to the
16respondent.
17    (e) An emergency hearing held on an ex parte basis shall be
18held the same day that the petition is filed or the next day
19that the court is in session.
20    (f) If a circuit or associate judge finds probable cause
21to believe that the respondent poses an immediate and present
22danger of causing personal injury to himself, herself, or
23another by having in his or her custody or control,
24purchasing, possessing, or receiving a firearm, ammunition, or
25firearm parts that could be assembled to make an operable
26firearm, the circuit or associate judge shall issue an

 

 

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1emergency order.
2    (f-5) If the court issues an emergency firearms
3restraining order, it shall, upon a finding of probable cause
4that the respondent possesses firearms, ammunition, or firearm
5parts that could be assembled to make an operable firearm,
6issue a search warrant directing a law enforcement agency to
7seize the respondent's firearms, ammunition, and firearm parts
8that could be assembled to make an operable firearm. The court
9may, as part of that warrant, direct the law enforcement
10agency to search the respondent's residence and other places
11where the court finds there is probable cause to believe he or
12she is likely to possess the firearms, ammunition, or firearm
13parts that could be assembled to make an operable firearm. A
14return of the search warrant shall be filed by the law
15enforcement agency within 4 days thereafter, setting forth the
16time, date, and location that the search warrant was executed
17and what items, if any, were seized.
18    (g) An emergency firearms restraining order shall require:
19        (1) the respondent to refrain from having in his or
20    her custody or control, purchasing, possessing, or
21    receiving additional firearms, ammunition, or firearm
22    parts that could be assembled to make an operable firearm,
23    or removing firearm parts that could be assembled to make
24    an operable firearm for the duration of the order; and
25        (2) the respondent to turn over to the local law
26    enforcement agency any Firearm Owner's Identification Card

 

 

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1    and concealed carry license in his or her possession. The
2    local law enforcement agency shall immediately mail the
3    card and concealed carry license to the Department of
4    State Police Firearm Services Bureau for safekeeping. The
5    firearm or firearms, ammunition, and firearm parts that
6    could be assembled to make an operable firearm and Firearm
7    Owner's Identification Card and concealed carry license,
8    if unexpired, shall be returned to the respondent after
9    the firearms restraining order is terminated or expired.
10    (h) Except as otherwise provided in subsection (h-5) of
11this Section, upon expiration of the period of safekeeping, if
12the firearms, ammunition, and firearm parts that could be
13assembled to make an operable firearm or Firearm Owner's
14Identification Card and concealed carry license cannot be
15returned to the respondent because the respondent cannot be
16located, fails to respond to requests to retrieve the
17firearms, or is not lawfully eligible to possess a firearm,
18ammunition, or firearm parts that could be assembled to make
19an operable firearm, upon petition from the local law
20enforcement agency, the court may order the local law
21enforcement agency to destroy the firearms, ammunition, and
22firearm parts that could be assembled to make an operable
23firearm, use the firearms, ammunition, and firearm parts that
24could be assembled to make an operable firearm for training
25purposes, or use the firearms, ammunition, and firearm parts
26that could be assembled to make an operable firearm for any

 

 

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1other application as deemed appropriate by the local law
2enforcement agency.
3    (h-5) A respondent whose Firearm Owner's Identification
4Card has been revoked or suspended may petition the court, if
5the petitioner is present in court or has notice of the
6respondent's petition, to transfer the respondent's firearm,
7ammunition, and firearm parts that could be assembled to make
8an operable firearm to a person who is lawfully able to possess
9the firearm, ammunition, and firearm parts that could be
10assembled to make an operable firearm if the person does not
11reside at the same address as the respondent. Notice of the
12petition shall be served upon the person protected by the
13emergency firearms restraining order. While the order is in
14effect, the transferee who receives the respondent's firearms,
15ammunition, and firearm parts that could be assembled to make
16an operable firearm must swear or affirm by affidavit that he
17or she shall not transfer the firearm, ammunition, and firearm
18parts that could be assembled to make an operable firearm to
19the respondent or to anyone residing in the same residence as
20the respondent.
21    (h-6) If a person other than the respondent claims title
22to any firearms, ammunition, and firearm parts that could be
23assembled to make an operable firearm surrendered under this
24Section, he or she may petition the court, if the petitioner is
25present in court or has notice of the petition, to have the
26firearm, ammunition, and firearm parts that could be assembled

 

 

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1to make an operable firearm returned to him or her. If the
2court determines that person to be the lawful owner of the
3firearm, ammunition, and firearm parts that could be assembled
4to make an operable firearm, the firearm, ammunition, and
5firearm parts that could be assembled to make an operable
6firearm shall be returned to him or her, provided that:
7        (1) the firearm, ammunition, and firearm parts that
8    could be assembled to make an operable firearm are is
9    removed from the respondent's custody, control, or
10    possession and the lawful owner agrees to store the
11    firearm, ammunition, and firearm parts that could be
12    assembled to make an operable firearm in a manner such
13    that the respondent does not have access to or control of
14    the firearm, ammunition, and firearm parts that could be
15    assembled to make an operable firearm; and
16        (2) the firearm, ammunition, and firearm parts that
17    could be assembled to make an operable firearm are is not
18    otherwise unlawfully possessed by the owner.
19    The person petitioning for the return of his or her
20firearm, ammunition, and firearm parts that could be assembled
21to make an operable firearm must swear or affirm by affidavit
22that he or she: (i) is the lawful owner of the firearm,
23ammunition, and firearm parts that could be assembled to make
24an operable firearm; (ii) shall not transfer the firearm,
25ammunition, and firearm parts that could be assembled to make
26an operable firearm to the respondent; and (iii) will store

 

 

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1the firearm, ammunition, and firearm parts that could be
2assembled to make an operable firearm in a manner that the
3respondent does not have access to or control of the firearm,
4ammunition, and firearm parts that could be assembled to make
5an operable firearm.
6    (i) In accordance with subsection (e) of this Section, the
7court shall schedule a full hearing as soon as possible, but no
8longer than 14 days from the issuance of an ex parte firearms
9restraining order, to determine if a 6-month firearms
10restraining order shall be issued. The court may extend an ex
11parte order as needed, but not to exceed 14 days, to effectuate
12service of the order or if necessary to continue protection.
13The court may extend the order for a greater length of time by
14mutual agreement of the parties.
15(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
16    (430 ILCS 67/40)
17    Sec. 40. Six-month orders.
18    (a) A petitioner may request a 6-month firearms
19restraining order by filing an affidavit or verified pleading
20alleging that the respondent poses a significant danger of
21causing personal injury to himself, herself, or another in the
22near future by having in his or her custody or control,
23purchasing, possessing, or receiving a firearm, ammunition,
24and firearm parts that could be assembled to make an operable
25firearm. The petition shall also describe the number, types,

 

 

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1and locations of any firearms, ammunition, and firearm parts
2that could be assembled to make an operable firearm presently
3believed by the petitioner to be possessed or controlled by
4the respondent.
5    (b) If the respondent is alleged to pose a significant
6danger of causing personal injury to an intimate partner, or
7an intimate partner is alleged to have been the target of a
8threat or act of violence by the respondent, the petitioner
9shall make a good faith effort to provide notice to any and all
10intimate partners of the respondent. The notice must include
11that the petitioner intends to petition the court for a
126-month firearms restraining order, and, if the petitioner is
13a law enforcement officer, referral to relevant domestic
14violence or stalking advocacy or counseling resources, if
15appropriate. The petitioner shall attest to having provided
16the notice in the filed affidavit or verified pleading. If,
17after making a good faith effort, the petitioner is unable to
18provide notice to any or all intimate partners, the affidavit
19or verified pleading should describe what efforts were made.
20    (c) Every person who files a petition for a 6-month
21firearms restraining order, knowing the information provided
22to the court at any hearing or in the affidavit or verified
23pleading to be false, is guilty of perjury under Section 32-2
24of the Criminal Code of 2012.
25    (d) Upon receipt of a petition for a 6-month firearms
26restraining order, the court shall order a hearing within 30

 

 

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1days.
2    (e) In determining whether to issue a firearms restraining
3order under this Section, the court shall consider evidence
4including, but not limited to, the following:
5        (1) The unlawful and reckless use, display, or
6    brandishing of a firearm, ammunition, and firearm parts
7    that could be assembled to make an operable firearm by the
8    respondent.
9        (2) The history of use, attempted use, or threatened
10    use of physical force by the respondent against another
11    person.
12        (3) Any prior arrest of the respondent for a felony
13    offense.
14        (4) Evidence of the abuse of controlled substances or
15    alcohol by the respondent.
16        (5) A recent threat of violence or act of violence by
17    the respondent directed toward himself, herself, or
18    another.
19        (6) A violation of an emergency order of protection
20    issued under Section 217 of the Illinois Domestic Violence
21    Act of 1986 or Section 112A-17 of the Code of Criminal
22    Procedure of 1963 or of an order of protection issued
23    under Section 214 of the Illinois Domestic Violence Act of
24    1986 or Section 112A-14 of the Code of Criminal Procedure
25    of 1963.
26        (7) A pattern of violent acts or violent threats,

 

 

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1    including, but not limited to, threats of violence or acts
2    of violence by the respondent directed toward himself,
3    herself, or another.
4    (f) At the hearing, the petitioner shall have the burden
5of proving, by clear and convincing evidence, that the
6respondent poses a significant danger of personal injury to
7himself, herself, or another by having in his or her custody or
8control, purchasing, possessing, or receiving a firearm,
9ammunition, and firearm parts that could be assembled to make
10an operable firearm.
11    (g) If the court finds that there is clear and convincing
12evidence to issue a firearms restraining order, the court
13shall issue a firearms restraining order that shall be in
14effect for 6 months subject to renewal under Section 45 of this
15Act or termination under that Section.
16    (g-5) If the court issues a 6-month firearms restraining
17order, it shall, upon a finding of probable cause that the
18respondent possesses firearms, ammunition, and firearm parts
19that could be assembled to make an operable firearm, issue a
20search warrant directing a law enforcement agency to seize the
21respondent's firearms, ammunition, and firearm parts that
22could be assembled to make an operable firearm. The court may,
23as part of that warrant, direct the law enforcement agency to
24search the respondent's residence and other places where the
25court finds there is probable cause to believe he or she is
26likely to possess the firearms, ammunition, and firearm parts

 

 

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1that could be assembled to make an operable firearm. A return
2of the search warrant shall be filed by the law enforcement
3agency within 4 days thereafter, setting forth the time, date,
4and location that the search warrant was executed and what
5items, if any, were seized.
6    (h) A 6-month firearms restraining order shall require:
7        (1) the respondent to refrain from having in his or
8    her custody or control, purchasing, possessing, or
9    receiving additional firearms, ammunition, and firearm
10    parts that could be assembled to make an operable firearm
11    for the duration of the order; and
12        (2) the respondent to turn over to the local law
13    enforcement agency any firearm, ammunition, and firearm
14    parts that could be assembled to make an operable firearm
15    or Firearm Owner's Identification Card and concealed carry
16    license in his or her possession. The local law
17    enforcement agency shall immediately mail the card and
18    concealed carry license to the Department of State Police
19    Firearm Services Bureau for safekeeping. The firearm or
20    firearms, ammunition, and firearm parts that could be
21    assembled to make an operable firearm and Firearm Owner's
22    Identification Card and concealed carry license, if
23    unexpired, shall be returned to the respondent after the
24    firearms restraining order is terminated or expired.
25    (i) Except as otherwise provided in subsection (i-5) of
26this Section, upon expiration of the period of safekeeping, if

 

 

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1the firearms, ammunition, and firearm parts that could be
2assembled to make an operable firearm or Firearm Owner's
3Identification Card cannot be returned to the respondent
4because the respondent cannot be located, fails to respond to
5requests to retrieve the firearms, ammunition, and firearm
6parts that could be assembled to make an operable firearm, or
7is not lawfully eligible to possess a firearm, ammunition, and
8firearm parts that could be assembled to make an operable
9firearm, upon petition from the local law enforcement agency,
10the court may order the local law enforcement agency to
11destroy the firearms, ammunition, and firearm parts that could
12be assembled to make an operable firearm, use the firearms,
13ammunition, and firearm parts that could be assembled to make
14an operable firearm for training purposes, or use the
15firearms, ammunition, and firearm parts that could be
16assembled to make an operable firearm for any other
17application as deemed appropriate by the local law enforcement
18agency.
19    (i-5) A respondent whose Firearm Owner's Identification
20Card has been revoked or suspended may petition the court, if
21the petitioner is present in court or has notice of the
22respondent's petition, to transfer the respondent's firearm,
23ammunition, and firearm parts that could be assembled to make
24an operable firearm to a person who is lawfully able to possess
25the firearm, ammunition, and firearm parts that could be
26assembled to make an operable firearm if the person does not

 

 

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1reside at the same address as the respondent. Notice of the
2petition shall be served upon the person protected by the
3emergency firearms restraining order. While the order is in
4effect, the transferee who receives the respondent's firearms,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm must swear or affirm by affidavit that he
7or she shall not transfer the firearm, ammunition, and firearm
8parts that could be assembled to make an operable firearm to
9the respondent or to anyone residing in the same residence as
10the respondent.
11    (i-6) If a person other than the respondent claims title
12to any firearms, ammunition, and firearm parts that could be
13assembled to make an operable firearm surrendered under this
14Section, he or she may petition the court, if the petitioner is
15present in court or has notice of the petition, to have the
16firearm, ammunition, and firearm parts that could be assembled
17to make an operable firearm returned to him or her. If the
18court determines that person to be the lawful owner of the
19firearm, ammunition, and firearm parts that could be assembled
20to make an operable firearm, the firearm, ammunition, and
21firearm parts that could be assembled to make an operable
22firearm shall be returned to him or her, provided that:
23        (1) the firearm, ammunition, and firearm parts that
24    could be assembled to make an operable firearm are is
25    removed from the respondent's custody, control, or
26    possession and the lawful owner agrees to store the

 

 

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1    firearm, ammunition, and firearm parts that could be
2    assembled to make an operable firearm in a manner such
3    that the respondent does not have access to or control of
4    the firearm, ammunition, and firearm parts that could be
5    assembled to make an operable firearm; and
6        (2) the firearm, ammunition, and firearm parts that
7    could be assembled to make an operable firearm are is not
8    otherwise unlawfully possessed by the owner.
9    The person petitioning for the return of his or her
10firearm, ammunition, and firearm parts that could be assembled
11to make an operable firearm must swear or affirm by affidavit
12that he or she: (i) is the lawful owner of the firearm,
13ammunition, and firearm parts that could be assembled to make
14an operable firearm; (ii) shall not transfer the firearm,
15ammunition, and firearm parts that could be assembled to make
16an operable firearm to the respondent; and (iii) will store
17the firearm, ammunition, and firearm parts that could be
18assembled to make an operable firearm in a manner that the
19respondent does not have access to or control of the firearm,
20ammunition, and firearm parts that could be assembled to make
21an operable firearm.
22    (j) If the court does not issue a firearms restraining
23order at the hearing, the court shall dissolve any emergency
24firearms restraining order then in effect.
25    (k) When the court issues a firearms restraining order
26under this Section, the court shall inform the respondent that

 

 

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1he or she is entitled to one hearing during the period of the
2order to request a termination of the order, under Section 45
3of this Act, and shall provide the respondent with a form to
4request a hearing.
5(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
6    (430 ILCS 67/45)
7    Sec. 45. Termination and renewal.
8    (a) A person subject to a firearms restraining order
9issued under this Act may submit one written request at any
10time during the effective period of the order for a hearing to
11terminate the order.
12        (1) The respondent shall have the burden of proving by
13    a preponderance of the evidence that the respondent does
14    not pose a danger of causing personal injury to himself,
15    herself, or another in the near future by having in his or
16    her custody or control, purchasing, possessing, or
17    receiving a firearm, ammunition, and firearm parts that
18    could be assembled to make an operable firearm.
19        (2) If the court finds after the hearing that the
20    respondent has met his or her burden, the court shall
21    terminate the order.
22    (b) A petitioner may request a renewal of a firearms
23restraining order at any time within the 3 months before the
24expiration of a firearms restraining order.
25        (1) A court shall, after notice and a hearing, renew a

 

 

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1    firearms restraining order issued under this part if the
2    petitioner proves, by clear and convincing evidence, that
3    the respondent continues to pose a danger of causing
4    personal injury to himself, herself, or another in the
5    near future by having in his or her custody or control,
6    purchasing, possessing, or receiving a firearm,
7    ammunition, and firearm parts that could be assembled to
8    make an operable firearm.
9        (2) In determining whether to renew a firearms
10    restraining order issued under this Act, the court shall
11    consider evidence of the facts identified in subsection
12    (e) of Section 40 of this Act and any other evidence of an
13    increased risk for violence.
14        (3) At the hearing, the petitioner shall have the
15    burden of proving by clear and convincing evidence that
16    the respondent continues to pose a danger of causing
17    personal injury to himself, herself, or another in the
18    near future by having in his or her custody or control,
19    purchasing, possessing, or receiving a firearm,
20    ammunition, and firearm parts that could be assembled to
21    make an operable firearm.
22        (4) The renewal of a firearms restraining order issued
23    under this Section shall be in effect for 6 months,
24    subject to termination by further order of the court at a
25    hearing held under this Section and further renewal by
26    further order of the court under this Section.

 

 

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1(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
2    (430 ILCS 67/85 new)
3    Sec. 85. Report to the General Assembly. The Illinois
4State Police shall submit a yearly report to the General
5Assembly or make available on its website the number of
6petitions entered into the Law Enforcement Agencies Data
7System.