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

HB1092eng 102ND GENERAL ASSEMBLY



 


 
HB1092 EngrossedLRB102 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 victims of
19    domestic violence who may benefit from awareness of the
20    Firearms Restraining Order Act and how to safely and
21    discreetly determine if a potential abuser possesses a
22    firearm; and
23        (3) specific information on situations in which a

 

 

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

 

 

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1        (2) the Director of the Illinois State Police or his
2    or her designee;
3        (3) at least 3 State's Attorneys, nominated by the
4    Director of the Office of the State's Attorneys Appellate
5    Prosecutor;
6        (4) at least 2 municipal police department
7    representatives, nominated by the Illinois Association of
8    Chiefs of Police;
9        (5) an Illinois sheriff, nominated by the Illinois
10    Sheriffs' Association;
11        (6) a nonprofit organization whose mission is to
12    reduce gun violence with experience educating the public
13    about the Firearms Restraining Order Act, nominated by
14    such an organization whose membership is the most numerous
15    in Illinois;
16        (7) the Illinois Law Enforcement Training Standards
17    Board, nominated by the Executive Director of the Board;
18        (8) a representative from a public defender's office,
19    nominated by the State Appellate Defender;
20        (9) a circuit court judge, nominated by the Chief
21    Justice of the Supreme Court;
22        (10) a prosecutor with experience managing or
23    directing a program in another state where the
24    implementation of that state's extreme risk protection
25    order law has achieved high rates of petition filings
26    nominated by the National District Attorneys Association;

 

 

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1    and
2        (11) an expert from law enforcement who has experience
3    managing or directing a program in another state where the
4    implementation of that state's extreme risk protection
5    order law has achieved high rates of petition filings
6    nominated by the Director of the Illinois State Police.
7    (b) The Commission shall be chaired by the Director of the
8Illinois State Police or his or her designee. The Commission
9shall meet, either virtually or in person, to discuss the
10implementation of the Firearms Restraining Order Act as
11determined by the Commission while the strategies are being
12established.
13    (c) The members of the Commission shall serve without
14compensation and shall serve 3-year terms.
15    (d) An annual report shall be submitted to the General
16Assembly by the Commission that may include summary
17information about firearms restraining order use by county,
18challenges to Firearms Restraining Order Act implementation,
19and recommendations for increasing and improving
20implementation.
21    (e) The Commission shall develop a model policy with an
22overall framework for the timely relinquishment of firearms
23whenever a firearms restraining order is issued. The model
24policy shall be finalized within the first 4 months of
25convening. In formulating the model policy, the Commission
26shall consult counties in Illinois and other states with

 

 

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1extreme risk protection order laws which have achieved a high
2rate of petition filings. Once approved, the Illinois State
3Police shall work with their local law enforcement agencies
4within their county to design a comprehensive strategy for the
5timely relinquishment of firearms, using the model policy as
6an overall framework. Each individual agency may make small
7modifications as needed to the model policy and must approve
8and adopt a policy that aligns with the model policy. The
9Illinois State Police shall convene local police chiefs and
10sheriffs within their county as needed to discuss the
11relinquishment of firearms.
12    (f) The Commission shall be dissolved 3 years after the
13effective date of this amendatory Act of the 102nd General
14Assembly.
15    (g) This Section is repealed 4 years after the effective
16date of this amendatory Act of the 102nd General Assembly.
 
17    Section 15. The Illinois Police Training Act is amended by
18changing Section 7 and by adding Section 7.1 as follows:
 
19    (50 ILCS 705/7)  (from Ch. 85, par. 507)
20    Sec. 7. Rules and standards for schools. The Board shall
21adopt rules and minimum standards for such schools which shall
22include, but not be limited to, the following:
23        a. The curriculum for probationary police officers
24    which shall be offered by all certified schools shall

 

 

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1    include, but not be limited to, courses of procedural
2    justice, arrest and use and control tactics, search and
3    seizure, including temporary questioning, civil rights,
4    human rights, human relations, cultural competency,
5    including implicit bias and racial and ethnic sensitivity,
6    criminal law, law of criminal procedure, constitutional
7    and proper use of law enforcement authority, vehicle and
8    traffic law including uniform and non-discriminatory
9    enforcement of the Illinois Vehicle Code, traffic control
10    and accident investigation, techniques of obtaining
11    physical evidence, court testimonies, statements, reports,
12    firearms training, training in the use of electronic
13    control devices, including the psychological and
14    physiological effects of the use of those devices on
15    humans, first-aid (including cardiopulmonary
16    resuscitation), training in the administration of opioid
17    antagonists as defined in paragraph (1) of subsection (e)
18    of Section 5-23 of the Substance Use Disorder Act,
19    handling of juvenile offenders, recognition of mental
20    conditions and crises, including, but not limited to, the
21    disease of addiction, which require immediate assistance
22    and response and methods to safeguard and provide
23    assistance to a person in need of mental treatment,
24    recognition of abuse, neglect, financial exploitation, and
25    self-neglect of adults with disabilities and older adults,
26    as defined in Section 2 of the Adult Protective Services

 

 

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1    Act, crimes against the elderly, law of evidence, the
2    hazards of high-speed police vehicle chases with an
3    emphasis on alternatives to the high-speed chase, and
4    physical training. The curriculum shall include specific
5    training in techniques for immediate response to and
6    investigation of cases of domestic violence and of sexual
7    assault of adults and children, including cultural
8    perceptions and common myths of sexual assault and sexual
9    abuse as well as interview techniques that are age
10    sensitive and are trauma informed, victim centered, and
11    victim sensitive. The curriculum shall include training in
12    techniques designed to promote effective communication at
13    the initial contact with crime victims and ways to
14    comprehensively explain to victims and witnesses their
15    rights under the Rights of Crime Victims and Witnesses Act
16    and the Crime Victims Compensation Act. The curriculum
17    shall also include training in effective recognition of
18    and responses to stress, trauma, and post-traumatic stress
19    experienced by police officers that is consistent with
20    Section 25 of the Illinois Mental Health First Aid
21    Training Act in a peer setting, including recognizing
22    signs and symptoms of work-related cumulative stress,
23    issues that may lead to suicide, and solutions for
24    intervention with peer support resources. The curriculum
25    shall include a block of instruction addressing the
26    mandatory reporting requirements under the Abused and

 

 

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1    Neglected Child Reporting Act. The curriculum shall also
2    include a block of instruction aimed at identifying and
3    interacting with persons with autism and other
4    developmental or physical disabilities, reducing barriers
5    to reporting crimes against persons with autism, and
6    addressing the unique challenges presented by cases
7    involving victims or witnesses with autism and other
8    developmental disabilities. The curriculum shall include
9    training in the detection and investigation of all forms
10    of human trafficking. The curriculum shall also include
11    instruction in trauma-informed responses designed to
12    ensure the physical safety and well-being of a child of an
13    arrested parent or immediate family member; this
14    instruction must include, but is not limited to: (1)
15    understanding the trauma experienced by the child while
16    maintaining the integrity of the arrest and safety of
17    officers, suspects, and other involved individuals; (2)
18    de-escalation tactics that would include the use of force
19    when reasonably necessary; and (3) inquiring whether a
20    child will require supervision and care. The curriculum
21    for permanent police officers shall include, but not be
22    limited to: (1) refresher and in-service training in any
23    of the courses listed above in this subparagraph, (2)
24    advanced courses in any of the subjects listed above in
25    this subparagraph, (3) training for supervisory personnel,
26    and (4) specialized training in subjects and fields to be

 

 

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1    selected by the board. The training in the use of
2    electronic control devices shall be conducted for
3    probationary police officers, including University police
4    officers. The curriculum shall also include training on
5    the use of a firearms restraining order by providing
6    instruction on the process used to file a firearms
7    restraining order, how to identify situations in which a
8    firearms restraining order is appropriate, and how to
9    promote a firearms restraining order in a domestic
10    violence situation.
11        b. Minimum courses of study, attendance requirements
12    and equipment requirements.
13        c. Minimum requirements for instructors.
14        d. Minimum basic training requirements, which a
15    probationary police officer must satisfactorily complete
16    before being eligible for permanent employment as a local
17    law enforcement officer for a participating local
18    governmental agency. Those requirements shall include
19    training in first aid (including cardiopulmonary
20    resuscitation).
21        e. Minimum basic training requirements, which a
22    probationary county corrections officer must
23    satisfactorily complete before being eligible for
24    permanent employment as a county corrections officer for a
25    participating local governmental agency.
26        f. Minimum basic training requirements which a

 

 

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1    probationary court security officer must satisfactorily
2    complete before being eligible for permanent employment as
3    a court security officer for a participating local
4    governmental agency. The Board shall establish those
5    training requirements which it considers appropriate for
6    court security officers and shall certify schools to
7    conduct that training.
8        A person hired to serve as a court security officer
9    must obtain from the Board a certificate (i) attesting to
10    his or her successful completion of the training course;
11    (ii) attesting to his or her satisfactory completion of a
12    training program of similar content and number of hours
13    that has been found acceptable by the Board under the
14    provisions of this Act; or (iii) attesting to the Board's
15    determination that the training course is unnecessary
16    because of the person's extensive prior law enforcement
17    experience.
18        Individuals who currently serve as court security
19    officers shall be deemed qualified to continue to serve in
20    that capacity so long as they are certified as provided by
21    this Act within 24 months of June 1, 1997 (the effective
22    date of Public Act 89-685). Failure to be so certified,
23    absent a waiver from the Board, shall cause the officer to
24    forfeit his or her position.
25        All individuals hired as court security officers on or
26    after June 1, 1997 (the effective date of Public Act

 

 

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1    89-685) shall be certified within 12 months of the date of
2    their hire, unless a waiver has been obtained by the
3    Board, or they shall forfeit their positions.
4        The Sheriff's Merit Commission, if one exists, or the
5    Sheriff's Office if there is no Sheriff's Merit
6    Commission, shall maintain a list of all individuals who
7    have filed applications to become court security officers
8    and who meet the eligibility requirements established
9    under this Act. Either the Sheriff's Merit Commission, or
10    the Sheriff's Office if no Sheriff's Merit Commission
11    exists, shall establish a schedule of reasonable intervals
12    for verification of the applicants' qualifications under
13    this Act and as established by the Board.
14        g. Minimum in-service training requirements, which a
15    police officer must satisfactorily complete every 3 years.
16    Those requirements shall include constitutional and proper
17    use of law enforcement authority, procedural justice,
18    civil rights, human rights, mental health awareness and
19    response, officer wellness, reporting child abuse and
20    neglect, and cultural competency.
21        h. Minimum in-service training requirements, which a
22    police officer must satisfactorily complete at least
23    annually. Those requirements shall include law updates and
24    use of force training which shall include scenario based
25    training, or similar training approved by the Board.
26(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;

 

 

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1100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
21-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
3eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
4101-564, eff. 1-1-20; revised 9-10-19.)"; and
 
5    (50 ILCS 705/7.1 new)
6    Sec. 7.1. Firearms restraining order training.
7    (a) The Illinois Law Enforcement Training Standards Board
8shall develop and approve a standard curriculum for a training
9program on the Firearms Restraining Order Act. The Board shall
10conduct a training program that trains officers on the use of
11firearms restraining orders, how to identify situations in
12which a firearms restraining order is appropriate, and how to
13safely promote the usage of the firearms restraining order in
14a domestic violence situation. Officers who have successfully
15completed this program shall be issued a certificate attesting
16to their attendance.
17    (b) Every law enforcement officer shall complete this
18training once each year.
19    (c) If adequate training is unavailable, the Illinois Law
20Enforcement Training Standards Board may approve training to
21be conducted by a third party.
 
22    Section 20. The Firearms Restraining Order Act is amended
23by changing Sections 5, 10, 35, 40, and 45 and by adding
24Section 85 as follows:
 

 

 

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1    (430 ILCS 67/5)
2    Sec. 5. Definitions. As used in this Act:
3    "Family member of the respondent" means a spouse, former
4spouse, person with whom the respondent has or allegedly has a
5child in common, parent, child, or step-child of the
6respondent, any other person related by blood or present
7marriage to the respondent, or a person who shares a common
8dwelling with the respondent.
9    "Firearms restraining order" means an order issued by the
10court, prohibiting and enjoining a named person from having in
11his or her custody or control, purchasing, possessing, or
12receiving any firearms or ammunition, or removing firearm
13parts that could be assembled to make an operable firearm.
14    "Intimate partner" means a spouse, former spouse, a person
15with whom the respondent has or allegedly has a child in
16common, or a person with whom the respondent has or has had a
17dating or engagement relationship.
18    "Petitioner" means:
19        (1) a family member of the respondent as defined in
20    this Act; or
21        (2) a law enforcement officer who files a petition
22    alleging that the respondent poses a danger of causing
23    personal injury to himself, herself, or another by having
24    in his or her custody or control, purchasing, possessing,
25    or receiving a firearm, ammunition, or firearm parts that

 

 

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1    could be assembled to make an operable firearm or removing
2    firearm parts that could be assembled to make an operable
3    firearm.
4    "Respondent" means the person alleged in the petition to
5pose a danger of causing personal injury to himself, herself,
6or another by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm, ammunition, or
8firearm parts that could be assembled to make an operable
9firearm or removing firearm parts that could be assembled to
10make an operable firearm.
11(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
12    (430 ILCS 67/10)
13    Sec. 10. Commencement of action; procedure.
14    (a) An action for a firearms restraining order is
15commenced by filing a verified petition for a firearms
16restraining order in any circuit court.
17    (b) A petition for a firearms restraining order may be
18filed in: (1) any county where the respondent resides or (2)
19any county where an incident occurred that involved the
20respondent posing an immediate and present danger of causing
21personal injury to the respondent or another by having in his
22or her custody or control, or purchasing, possessing, or
23receiving, a firearm, ammunition, or firearm parts that could
24be assembled to make an operable firearm.
25    (c) No fee shall be charged by the clerk for filing,

 

 

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1amending, vacating, certifying, printing, or photocopying
2petitions or orders; or for issuing alias summons; or for any
3related filing service. No fee shall be charged by the sheriff
4or other law enforcement for service by the sheriff or other
5law enforcement of a petition, rule, motion, or order in an
6action commenced under this Section.
7    (d) The court shall provide, through the office of the
8clerk of the court, simplified forms and clerical assistance
9to help with the writing and filing of a petition under this
10Section by any person not represented by counsel. In addition,
11that assistance may be provided by the State's Attorney.
12(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
13    (430 ILCS 67/35)
14    Sec. 35. Ex parte orders and emergency hearings.
15    (a) A petitioner may request an emergency firearms
16restraining order by filing an affidavit or verified pleading
17alleging that the respondent poses an immediate and present
18danger of causing personal injury to himself, herself, or
19another by having in his or her custody or control,
20purchasing, possessing, or receiving a firearm, ammunition, or
21firearm parts that could be assembled to make an operable
22firearm. The petition shall also describe the type and
23location of any firearm or firearms, ammunition, or firearm
24parts that could be assembled to make an operable firearm
25presently believed by the petitioner to be possessed or

 

 

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1controlled by the respondent.
2    (b) If the respondent is alleged to pose an immediate and
3present danger of causing personal injury to an intimate
4partner, or an intimate partner is alleged to have been the
5target of a threat or act of violence by the respondent, the
6petitioner shall make a good faith effort to provide notice to
7any and all intimate partners of the respondent. The notice
8must include that the petitioner intends to petition the court
9for an emergency firearms restraining order, and, if the
10petitioner is a law enforcement officer, referral to relevant
11domestic violence or stalking advocacy or counseling
12resources, if appropriate. The petitioner shall attest to
13having provided the notice in the filed affidavit or verified
14pleading. If, after making a good faith effort, the petitioner
15is unable to provide notice to any or all intimate partners,
16the affidavit or verified pleading should describe what
17efforts were made.
18    (c) Every person who files a petition for an emergency
19firearms restraining order, knowing the information provided
20to the court at any hearing or in the affidavit or verified
21pleading to be false, is guilty of perjury under Section 32-2
22of the Criminal Code of 2012.
23    (d) An emergency firearms restraining order shall be
24issued on an ex parte basis, that is, without notice to the
25respondent.
26    (e) An emergency hearing held on an ex parte basis shall be

 

 

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1held the same day that the petition is filed or the next day
2that the court is in session.
3    (f) If a circuit or associate judge finds probable cause
4to believe that the respondent poses an immediate and present
5danger of causing personal injury to himself, herself, or
6another by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm, ammunition, or
8firearm parts that could be assembled to make an operable
9firearm, the circuit or associate judge shall issue an
10emergency order.
11    (f-5) If the court issues an emergency firearms
12restraining order, it shall, upon a finding of probable cause
13that the respondent possesses firearms, ammunition, or firearm
14parts that could be assembled to make an operable firearm,
15issue a search warrant directing a law enforcement agency to
16seize the respondent's firearms, ammunition, and firearm parts
17that could be assembled to make an operable firearm. The court
18may, as part of that warrant, direct the law enforcement
19agency to search the respondent's residence and other places
20where the court finds there is probable cause to believe he or
21she is likely to possess the firearms, ammunition, or firearm
22parts that could be assembled to make an operable firearm. A
23return of the search warrant shall be filed by the law
24enforcement agency within 4 days thereafter, setting forth the
25time, date, and location that the search warrant was executed
26and what items, if any, were seized.

 

 

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

 

 

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

 

 

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1parts that could be assembled to make an operable firearm to
2the respondent or to anyone residing in the same residence as
3the respondent.
4    (h-6) If a person other than the respondent claims title
5to any firearms, ammunition, and firearm parts that could be
6assembled to make an operable firearm surrendered under this
7Section, he or she may petition the court, if the petitioner is
8present in court or has notice of the petition, to have the
9firearm, ammunition, and firearm parts that could be assembled
10to make an operable firearm returned to him or her. If the
11court determines that person to be the lawful owner of the
12firearm, ammunition, and firearm parts that could be assembled
13to make an operable firearm, the firearm, ammunition, and
14firearm parts that could be assembled to make an operable
15firearm shall be returned to him or her, provided that:
16        (1) the firearm, ammunition, and firearm parts that
17    could be assembled to make an operable firearm are is
18    removed from the respondent's custody, control, or
19    possession and the lawful owner agrees to store the
20    firearm, ammunition, and firearm parts that could be
21    assembled to make an operable firearm in a manner such
22    that the respondent does not have access to or control of
23    the firearm, ammunition, and firearm parts that could be
24    assembled to make an operable firearm; and
25        (2) the firearm, ammunition, and firearm parts that
26    could be assembled to make an operable firearm are is not

 

 

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1    otherwise unlawfully possessed by the owner.
2    The person petitioning for the return of his or her
3firearm, ammunition, and firearm parts that could be assembled
4to make an operable firearm must swear or affirm by affidavit
5that he or she: (i) is the lawful owner of the firearm,
6ammunition, and firearm parts that could be assembled to make
7an operable firearm; (ii) shall not transfer the firearm,
8ammunition, and firearm parts that could be assembled to make
9an operable firearm to the respondent; and (iii) will store
10the firearm, ammunition, and firearm parts that could be
11assembled to make an operable firearm in a manner that the
12respondent does not have access to or control of the firearm,
13ammunition, and firearm parts that could be assembled to make
14an operable firearm.
15    (i) In accordance with subsection (e) of this Section, the
16court shall schedule a full hearing as soon as possible, but no
17longer than 14 days from the issuance of an ex parte firearms
18restraining order, to determine if a 6-month firearms
19restraining order shall be issued. The court may extend an ex
20parte order as needed, but not to exceed 14 days, to effectuate
21service of the order or if necessary to continue protection.
22The court may extend the order for a greater length of time by
23mutual agreement of the parties.
24(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
25    (430 ILCS 67/40)

 

 

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1    Sec. 40. Six-month orders.
2    (a) A petitioner may request a 6-month firearms
3restraining order by filing an affidavit or verified pleading
4alleging that the respondent poses a significant danger of
5causing personal injury to himself, herself, or another in the
6near future by having in his or her custody or control,
7purchasing, possessing, or receiving a firearm, ammunition,
8and firearm parts that could be assembled to make an operable
9firearm. The petition shall also describe the number, types,
10and locations of any firearms, ammunition, and firearm parts
11that could be assembled to make an operable firearm presently
12believed by the petitioner to be possessed or controlled by
13the respondent.
14    (b) If the respondent is alleged to pose a significant
15danger of causing personal injury to an intimate partner, or
16an intimate partner is alleged to have been the target of a
17threat or act of violence by the respondent, the petitioner
18shall make a good faith effort to provide notice to any and all
19intimate partners of the respondent. The notice must include
20that the petitioner intends to petition the court for a
216-month firearms restraining order, and, if the petitioner is
22a law enforcement officer, referral to relevant domestic
23violence or stalking advocacy or counseling resources, if
24appropriate. The petitioner shall attest to having provided
25the notice in the filed affidavit or verified pleading. If,
26after making a good faith effort, the petitioner is unable to

 

 

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1provide notice to any or all intimate partners, the affidavit
2or verified pleading should describe what efforts were made.
3    (c) Every person who files a petition for a 6-month
4firearms restraining order, knowing the information provided
5to the court at any hearing or in the affidavit or verified
6pleading to be false, is guilty of perjury under Section 32-2
7of the Criminal Code of 2012.
8    (d) Upon receipt of a petition for a 6-month firearms
9restraining order, the court shall order a hearing within 30
10days.
11    (e) In determining whether to issue a firearms restraining
12order under this Section, the court shall consider evidence
13including, but not limited to, the following:
14        (1) The unlawful and reckless use, display, or
15    brandishing of a firearm, ammunition, and firearm parts
16    that could be assembled to make an operable firearm by the
17    respondent.
18        (2) The history of use, attempted use, or threatened
19    use of physical force by the respondent against another
20    person.
21        (3) Any prior arrest of the respondent for a felony
22    offense.
23        (4) Evidence of the abuse of controlled substances or
24    alcohol by the respondent.
25        (5) A recent threat of violence or act of violence by
26    the respondent directed toward himself, herself, or

 

 

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1    another.
2        (6) A violation of an emergency order of protection
3    issued under Section 217 of the Illinois Domestic Violence
4    Act of 1986 or Section 112A-17 of the Code of Criminal
5    Procedure of 1963 or of an order of protection issued
6    under Section 214 of the Illinois Domestic Violence Act of
7    1986 or Section 112A-14 of the Code of Criminal Procedure
8    of 1963.
9        (7) A pattern of violent acts or violent threats,
10    including, but not limited to, threats of violence or acts
11    of violence by the respondent directed toward himself,
12    herself, or another.
13    (f) At the hearing, the petitioner shall have the burden
14of proving, by clear and convincing evidence, that the
15respondent poses a significant danger of personal injury to
16himself, herself, or another by having in his or her custody or
17control, purchasing, possessing, or receiving a firearm,
18ammunition, and firearm parts that could be assembled to make
19an operable firearm.
20    (g) If the court finds that there is clear and convincing
21evidence to issue a firearms restraining order, the court
22shall issue a firearms restraining order that shall be in
23effect for 6 months subject to renewal under Section 45 of this
24Act or termination under that Section.
25    (g-5) If the court issues a 6-month firearms restraining
26order, it shall, upon a finding of probable cause that the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    near future by having in his or her custody or control,
2    purchasing, possessing, or receiving a firearm,
3    ammunition, and firearm parts that could be assembled to
4    make an operable firearm.
5        (4) The renewal of a firearms restraining order issued
6    under this Section shall be in effect for 6 months,
7    subject to termination by further order of the court at a
8    hearing held under this Section and further renewal by
9    further order of the court under this Section.
10(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
11    (430 ILCS 67/85 new)
12    Sec. 85. Report to the General Assembly. The Illinois
13State Police shall submit a yearly report to the General
14Assembly or make available on its website the number of
15petitions entered into the Law Enforcement Agencies Data
16System.