Illinois General Assembly

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 Bill Status of HB3160  99th General Assembly


Short Description:  LETHAL VIOLENCE ORD PROTECT

House Sponsors
Rep. Kathleen Willis - Luis Arroyo, Kelly M. Cassidy, Ann M. Williams, Christian L. Mitchell, Anna Moeller, Martin J. Moylan, Deb Conroy, Pamela Reaves-Harris, Esther Golar, Daniel J. Burke, Robyn Gabel, Cynthia Soto, Emanuel Chris Welch, William Davis, Scott Drury, Laura Fine, Jaime M. Andrade, Jr., Marcus C. Evans, Jr., Michelle Mussman, Elaine Nekritz, Elizabeth Hernandez, Sonya M. Harper, Robert Martwick, Camille Y. Lilly, Silvana Tabares, Will Guzzardi, Edward J. Acevedo, Sara Feigenholtz, Kelly M. Burke, Barbara Flynn Currie, Litesa E. Wallace and Mary E. Flowers

Last Action
DateChamber Action
  1/10/2017HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act
430 ILCS 65/8.2
430 ILCS 66/70


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.

House Committee Amendment No. 1
Replaces everything after the enacting clause. Reinserts the provisions of the bill. Provides that if the respondent is alleged to pose an immediate and present danger of causing personal injury to an intimate partner, or an intimate partner is alleged to have been the target of a threat or act of violence by the respondent, petitioner shall make a good faith effort to provide notice to any and all intimate partners of the respondent. Provides that the notice must include that the petitioner intends to petition the court for an emergency lethal violence order, and, if petitioner is a law enforcement officer, referral to relevant domestic violence or stalking advocacy or counseling resources, if appropriate. Provides that petitioner shall attest to having provided the notice in the filed affidavit or verified pleading. Provides that if after making a good faith effort petitioner is unable to provide notice to any or all intimate partners, the affidavit or verified pleading should describe what efforts were made. Provides that every person who files a petition for an emergency lethal violence order, knowing the information provided to the court at any hearing or in the affidavit or verified pleading to be false, is guilty of perjury. Adds definition of "intimate partner".

House Committee Amendment No. 2
In the new Lethal Violence Order of Protection Act, defines "family member of the respondent" as a spouse, parent, child, or step-child of the respondent, any other person related by blood or present marriage to the respondent, or a person who shares a common dwelling with the respondent (rather than as defined in the Illinois Domestic Violence Act of 1986).

Actions 
DateChamber Action
  2/25/2015HouseFiled with the Clerk by Rep. Kathleen Willis
  2/25/2015HouseFirst Reading
  2/25/2015HouseReferred to Rules Committee
  3/5/2015HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  3/5/2015HouseAdded Co-Sponsor Rep. Ann M. Williams
  3/5/2015HouseAdded Co-Sponsor Rep. Christian L. Mitchell
  3/5/2015HouseAdded Co-Sponsor Rep. Anna Moeller
  3/5/2015HouseAdded Co-Sponsor Rep. Martin J. Moylan
  3/5/2015HouseAdded Co-Sponsor Rep. Deb Conroy
  3/5/2015HouseAdded Co-Sponsor Rep. Pamela Reaves-Harris
  3/5/2015HouseAdded Co-Sponsor Rep. Esther Golar
  3/10/2015HouseAssigned to Judiciary - Criminal Committee
  3/19/2015HouseAdded Co-Sponsor Rep. Daniel J. Burke
  3/19/2015HouseAdded Co-Sponsor Rep. Robyn Gabel
  3/19/2015HouseAdded Co-Sponsor Rep. Cynthia Soto
  3/24/2015HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  3/27/2015HouseRule 19(a) / Re-referred to Rules Committee
  5/12/2015HouseAdded Co-Sponsor Rep. William Davis
  2/4/2016HouseAssigned to Judiciary - Criminal Committee
  2/17/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Kathleen Willis
  2/17/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  2/23/2016HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Criminal Committee
  3/2/2016HouseAdded Co-Sponsor Rep. Scott Drury
  3/2/2016HouseAdded Co-Sponsor Rep. Laura Fine
  3/29/2016HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Kathleen Willis
  3/29/2016HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  4/4/2016HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Criminal Committee
  4/5/2016HouseAdded Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/5/2016HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/5/2016HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/5/2016HouseAdded Co-Sponsor Rep. Elaine Nekritz
  4/5/2016HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/5/2016HouseAdded Co-Sponsor Rep. Sonya M. Harper
  4/5/2016HouseAdded Co-Sponsor Rep. Robert Martwick
  4/6/2016HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/6/2016HouseAdded Co-Sponsor Rep. Silvana Tabares
  4/6/2016HouseAdded Co-Sponsor Rep. Will Guzzardi
  4/6/2016HouseAdded Co-Sponsor Rep. Edward J. Acevedo
  4/6/2016HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/6/2016HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Criminal Committee; by Voice Vote
  4/6/2016HouseDo Pass as Amended / Short Debate Judiciary - Criminal Committee; 009-006-000
  4/7/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/7/2016HouseAdded Chief Co-Sponsor Rep. Luis Arroyo
  4/12/2016HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Kathleen Willis
  4/12/2016HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/12/2016HouseAdded Co-Sponsor Rep. Sara Feigenholtz
  4/14/2016HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-000-000
  4/14/2016HouseSecond Reading - Short Debate
  4/14/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  4/14/2016HouseAdded Co-Sponsor Rep. Kelly M. Burke
  4/14/2016HouseAdded Co-Sponsor Rep. Barbara Flynn Currie
  4/15/2016HouseAdded Co-Sponsor Rep. Litesa E. Wallace
  4/22/2016HouseRule 19(a) / Re-referred to Rules Committee
  5/31/2016HouseAdded Co-Sponsor Rep. Mary E. Flowers
  1/10/2017HouseSession Sine Die

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