Bill Status of HB5849  100th General Assembly


Short Description:  FIREARM REVOCATION PROCEDURE

House Sponsors
Rep. David McSweeney, Margo McDermed and Jonathan Carroll

Last Action
DateChamber Action
  1/8/2019HouseSession Sine Die

Statutes Amended In Order of Appearance
New Act
725 ILCS 165/95 new


Synopsis As Introduced
Creates the Gun Violence Protection Order Act. Provides that a circuit court may issue a warrant to search for and seize a firearm in the possession of a person who is believed to pose a clear and present danger to himself, herself, or to others if: (1) a law enforcement officer provides the court a sworn affidavit; (2) the affidavit specifically describes the location of the firearm; and (3) the circuit court determines that probable cause exists to believe that the person poses a clear and present danger to himself, herself, or others and is in possession of a firearm. Provides that if a law enforcement officer seizes a firearm from a person whom the law enforcement officer believes to pose a clear and present danger to himself, herself, or to others without obtaining a warrant, the law enforcement officer shall submit to the circuit court having jurisdiction over the person believed to pose a clear and present danger to himself, herself, or to others, a written statement under oath or affirmation describing the basis for the law enforcement officer's belief that the person poses a clear and present danger to himself, herself, or to others. Provides that not later than 14 days after a return is filed or a written statement is submitted, the court shall conduct a hearing to determine whether the seized firearm should be: (1) returned to the person from whom the firearm was seized; or (2) retained by the law enforcement agency having custody of the firearm. Repeals the Firearm Seizure Act on January 1, 2019. Makes other changes. Effective January 1, 2019.

Actions 
DateChamber Action
  3/22/2018HouseFiled with the Clerk by Rep. David McSweeney
  3/29/2018HouseAdded Co-Sponsor Rep. Margo McDermed
  4/2/2018HouseAdded Co-Sponsor Rep. Jonathan Carroll
  4/3/2018HouseFirst Reading
  4/3/2018HouseReferred to Rules Committee
  1/8/2019HouseSession Sine Die