Synopsis As Introduced Creates the Lethal Violence Order of Protection Act. Provides that a petitioner may request an emergency lethal violence order of protection by filing an affidavit or verified pleading alleging that the respondent poses an immediate and present danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Provides that the petition shall also describe the type, and location of any firearm or firearms presently believed by the petitioner to be possessed or controlled by the respondent. Provides that the petitioner may be a family member of the respondent or a law enforcement officer, who files a petition alleging that the respondent poses a danger of causing personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm. Establishes factors that the court must consider before issuing a lethal violence order of protection. Provides for the issuance of ex parte orders and one year orders. Provides that if the court issues the order the respondent must: (1) refrain from having in his or her custody or control, owning, purchasing, possessing, or receiving additional firearms for the duration of the order; and (2) turn over to the local law enforcement agency any firearm, Firearm Owner's Identification Card, or concealed carry license in his or her possession. Establishes factors for renewing and terminating lethal violence orders of protection. Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act to make conforming changes.
Fiscal Note (Admin Office of the Illinois Courts)
This legislation would have no fiscal impact on the State appropriation to the judicial branch. It is not possible to determine what fiscal impact, if any, the bill would have on local judicial budgets.
Fiscal Note (Illinois State Police)
The fiscal impact of this legislation is difficult to determine. Depending on the volume of Lethal Violence Orders of Protection additional Firearms Eligibility Analysts (FEAs) may be needed to process these orders and deny/revoke Firearm Owner's Identification (FOID) Cards and concealed carry licenses. The Illinois State Police currently processes approximately 930 FOID card revocations per month. The average cost for an FEA is $101,598 annually. Additionally, any identified need for FEAs will require an increase to the Department's authorized headcount.
State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)