101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3379

 

Introduced 2/14/2020, by Sen. Julie A. Morrison - Ann Gillespie

 

SYNOPSIS AS INTRODUCED:
 
430 ILCS 67/5
430 ILCS 67/10
430 ILCS 67/35
430 ILCS 67/40
430 ILCS 67/45

    Amends the Firearms Restraining Order Act. Includes a former spouse or person with a child in common in the definition of "family member of the respondent". Provides that a firearms restraining order includes the seizure of ammunition. Provides that no fee shall be charged by the clerk of the court for printing petitions or orders. Provides that the petitioner shall make a good faith effort to notify recent intimate partners (rather than intimate partners) of the respondent. Provides that a return of the search warrant for searching for the respondent's firearms and ammunition shall be filed by the law enforcement agency with the court within 7 days thereafter, setting forth the time, date, and location that the search warrant was executed and what items were seized. Effective immediately.


LRB101 19561 RLC 69035 b

 

 

A BILL FOR

 

SB3379LRB101 19561 RLC 69035 b

1    AN ACT concerning safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Firearms Restraining Order Act is amended by
5changing Sections 5, 10, 35, 40, and 45 as follows:
 
6    (430 ILCS 67/5)
7    Sec. 5. Definitions. As used in this Act:
8    "Family member of the respondent" means a spouse, former
9spouse, parent, child, or step-child of the respondent, person
10with a child in common and any other person related by blood or
11present marriage to the respondent, or a person who shares a
12common dwelling with the respondent.
13    "Firearms restraining order" means an order issued by the
14court, prohibiting and enjoining a named person from having in
15his or her custody or control, purchasing, possessing, or
16receiving any firearms and ammunition.
17    "Intimate partner" means a spouse, former spouse, a person
18with whom the respondent has or allegedly has a child in
19common, or a person with whom the respondent has or has had a
20dating or engagement relationship.
21    "Petitioner" means:
22        (1) a family member of the respondent as defined in
23    this Act; or

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (h) Except as otherwise provided in subsection (h-5) of
2this Section, upon expiration of the period of safekeeping, if
3the firearms or Firearm Owner's Identification Card,
4ammunition, and concealed carry license cannot be returned to
5the respondent because the respondent cannot be located, fails
6to respond to requests to retrieve the firearms and ammunition,
7or is not lawfully eligible to possess a firearm and
8ammunition, upon petition from the local law enforcement
9agency, the court may order the local law enforcement agency to
10destroy the firearms and ammunition, use the firearms and
11ammunition for training purposes, or use the firearms and
12ammunition for any other application as deemed appropriate by
13the local law enforcement agency.
14    (h-5) A respondent whose Firearm Owner's Identification
15Card has been revoked or suspended may petition the court, if
16the petitioner is present in court or has notice of the
17respondent's petition, to transfer the respondent's firearm
18and ammunition to a person who is lawfully able to possess the
19firearm and ammunition if the person does not reside at the
20same address as the respondent. Notice of the petition shall be
21served upon the person protected by the emergency firearms
22restraining order. While the order is in effect, the transferee
23who receives the respondent's firearms and ammunition must
24swear or affirm by affidavit that he or she shall not transfer
25the firearm and ammunition to the respondent or to anyone
26residing in the same residence as the respondent.

 

 

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1    (h-6) If a person other than the respondent claims title to
2any firearms surrendered under this Section, he or she may
3petition the court, if the petitioner is present in court or
4has notice of the petition, to have the firearm returned to him
5or her. If the court determines that person to be the lawful
6owner of the firearm, the firearm shall be returned to him or
7her, provided that:
8        (1) the firearm is removed from the respondent's
9    custody, control, or possession and the lawful owner agrees
10    to store the firearm in a manner such that the respondent
11    does not have access to or control of the firearm; and
12        (2) the firearm is not otherwise unlawfully possessed
13    by the owner.
14    The person petitioning for the return of his or her firearm
15must swear or affirm by affidavit that he or she: (i) is the
16lawful owner of the firearm; (ii) shall not transfer the
17firearm to the respondent; and (iii) will store the firearm in
18a manner that the respondent does not have access to or control
19of the firearm.
20    (i) In accordance with subsection (e) of this Section, the
21court shall schedule a full hearing as soon as possible, but no
22longer than 14 days from the issuance of an ex parte firearms
23restraining order, to determine if a 6-month firearms
24restraining order shall be issued. The court may extend an ex
25parte order as needed, but not to exceed 14 days, to effectuate
26service of the order or if necessary to continue protection.

 

 

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1The court may extend the order for a greater length of time by
2mutual agreement of the parties.
3(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
4    (430 ILCS 67/40)
5    Sec. 40. Six-month orders.
6    (a) A petitioner may request a 6-month firearms restraining
7order by filing an affidavit or verified pleading alleging that
8the respondent poses a significant danger of causing personal
9injury to himself, herself, or another in the near future by
10having in his or her custody or control, purchasing,
11possessing, or receiving a firearm and ammunition. The petition
12shall also describe the number, types, and locations of any
13firearms and ammunition presently believed by the petitioner to
14be possessed or controlled by the respondent.
15    (b) If the respondent is alleged to pose a significant
16danger of causing personal injury to an intimate partner, or an
17intimate partner is alleged to have been the target of a threat
18or act of violence by the respondent, the petitioner shall make
19a good faith effort to provide notice to any and all recent
20intimate partners of the respondent. The notice must include
21that the petitioner intends to petition the court for a 6-month
22firearms restraining order, and, if the petitioner is a law
23enforcement officer, referral to relevant domestic violence or
24stalking advocacy or counseling resources, if appropriate. The
25petitioner shall attest to having provided the notice in the

 

 

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1filed affidavit or verified pleading. If, after making a good
2faith effort, the petitioner is unable to provide notice to any
3or all recent intimate partners, the affidavit or verified
4pleading should describe what efforts were made.
5    (c) Every person who files a petition for a 6-month
6firearms restraining order, knowing the information provided
7to the court at any hearing or in the affidavit or verified
8pleading to be false, is guilty of perjury under Section 32-2
9of the Criminal Code of 2012.
10    (d) Upon receipt of a petition for a 6-month firearms
11restraining order, the court shall order a hearing within 30
12days.
13    (e) In determining whether to issue a firearms restraining
14order under this Section, the court shall consider evidence
15including, but not limited to, the following:
16        (1) The unlawful and reckless use, display, or
17    brandishing of a firearm by the 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 under
6    Section 214 of the Illinois Domestic Violence Act of 1986
7    or Section 112A-14 of the Code of Criminal Procedure of
8    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 of
14proving, by clear and convincing evidence, that the respondent
15poses a significant danger of personal injury to himself,
16herself, or another by having in his or her custody or control,
17purchasing, possessing, or receiving a firearm and ammunition.
18    (g) If the court finds that there is clear and convincing
19evidence to issue a firearms restraining order, the court shall
20issue a firearms restraining order that shall be in effect for
216 months subject to renewal under Section 45 of this Act or
22termination under that Section.
23    (g-5) If the court issues a 6-month firearms restraining
24order, it shall, upon a finding of probable cause that the
25respondent possesses firearms, issue a search warrant
26directing a law enforcement agency to seize the respondent's

 

 

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

 

 

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1this Section, upon expiration of the period of safekeeping, if
2the firearms, ammunition, or Firearm Owner's Identification
3Card cannot be returned to the respondent because the
4respondent cannot be located, fails to respond to requests to
5retrieve the firearms and ammunition, or is not lawfully
6eligible to possess a firearm and ammunition, upon petition
7from the local law enforcement agency, the court may order the
8local law enforcement agency to destroy the firearms and
9ammunition, use the firearms and ammunition for training
10purposes, or use the firearms and ammunition for any other
11application as deemed appropriate by the local law enforcement
12agency.
13    (i-5) A respondent whose Firearm Owner's Identification
14Card has been revoked or suspended may petition the court, if
15the petitioner is present in court or has notice of the
16respondent's petition, to transfer the respondent's firearm
17and ammunition to a person who is lawfully able to possess the
18firearm and ammunition if the person does not reside at the
19same address as the respondent. Notice of the petition shall be
20served upon the person protected by the emergency firearms
21restraining order. While the order is in effect, the transferee
22who receives the respondent's firearms and ammunition must
23swear or affirm by affidavit that he or she shall not transfer
24the firearm and ammunition to the respondent or to anyone
25residing in the same residence as the respondent.
26    (i-6) If a person other than the respondent claims title to

 

 

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1any firearms surrendered under this Section, he or she may
2petition the court, if the petitioner is present in court or
3has notice of the petition, to have the firearm returned to him
4or her. If the court determines that person to be the lawful
5owner of the firearm, the firearm shall be returned to him or
6her, provided that:
7        (1) the firearm is removed from the respondent's
8    custody, control, or possession and the lawful owner agrees
9    to store the firearm in a manner such that the respondent
10    does not have access to or control of the firearm; and
11        (2) the firearm is not otherwise unlawfully possessed
12    by the owner.
13    The person petitioning for the return of his or her firearm
14must swear or affirm by affidavit that he or she: (i) is the
15lawful owner of the firearm; (ii) shall not transfer the
16firearm to the respondent; and (iii) will store the firearm in
17a manner that the respondent does not have access to or control
18of the firearm.
19    (j) If the court does not issue a firearms restraining
20order at the hearing, the court shall dissolve any emergency
21firearms restraining order then in effect.
22    (k) When the court issues a firearms restraining order
23under this Section, the court shall inform the respondent that
24he or she is entitled to one hearing during the period of the
25order to request a termination of the order, under Section 45
26of this Act, and shall provide the respondent with a form to

 

 

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

 

 

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1    future by having in his or her custody or control,
2    purchasing, possessing, or receiving a firearm and
3    ammunition.
4        (2) In determining whether to renew a firearms
5    restraining order issued under this Act, the court shall
6    consider evidence of the facts identified in subsection (e)
7    of Section 40 of this Act and any other evidence of an
8    increased risk for violence.
9        (3) At the hearing, the petitioner shall have the
10    burden of proving by clear and convincing evidence that the
11    respondent continues to pose a danger of causing personal
12    injury to himself, herself, or another in the near future
13    by having in his or her custody or control, purchasing,
14    possessing, or receiving a firearm and ammunition.
15        (4) The renewal of a firearms restraining order issued
16    under this Section shall be in effect for 6 months, subject
17    to termination by further order of the court at a hearing
18    held under this Section and further renewal by further
19    order of the court under this Section.
20(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.