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

HB1092ham001 102ND GENERAL ASSEMBLY

Rep. Denyse Stoneback

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1092

2    AMENDMENT NO. ______. Amend House Bill 1092 by replacing
3everything after the enacting clause with the following:
 
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;

 

 

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1        (2) production of materials that can be given to
2    health care workers that assist in identifying victims of
3    domestic violence who may benefit from awareness of the
4    Firearms Restraining Order Act and how to safely and
5    discreetly determine if a potential abuser possesses a
6    firearm; and
7        (3) specific information on situations in which a
8    firearms restraining order may be appropriate such as with
9    situations of domestic violence, mental health crisis, or
10    anyone who is at risk of injuring themselves or others.
11    (b) Beginning July 1, 2022, the program must include the
12development and dissemination, through print, digital, and
13broadcast media, of public service announcements that
14publicize the options victims of domestic violence have to
15seek help with special emphasis on the firearms restraining
16order.
 
17    Section 10. The Department of State Police Law of the
18Civil Administrative Code of Illinois is amended by adding
19Section 2605-51 as follows:
 
20    (20 ILCS 2605/2605-51 new)
21    Sec. 2605-51. Commission on implementing the Firearms
22Restraining Order Act.
23    (a) There is created the Commission on Implementing the
24Firearms Restraining Order Act composed of at least 12 members

 

 

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1to advise on the strategies of education and implementation of
2the Firearms Restraining Order Act. The Commission shall be
3appointed by the Director of the Illinois State Police or his
4or her designee and shall include a liaison or representative
5nominated from the following:
6        (1) the Office of the Attorney General, appointed by
7    the Attorney General;
8        (2) the Director of the Illinois State Police or his
9    or her designee;
10        (3) at least 3 State's Attorneys, nominated by the
11    Director of the Office of the State's Attorneys Appellate
12    Prosecutor;
13        (4) at least 2 municipal police department
14    representatives, nominated by the Illinois Association of
15    Chiefs of Police;
16        (5) an Illinois sheriff, nominated by the Illinois
17    Sheriffs' Association;
18        (6) a nonprofit organization whose mission is to
19    reduce gun violence with experience educating the public
20    about the Firearms Restraining Order Act, nominated by
21    such an organization whose membership is the most numerous
22    in Illinois;
23        (7) the Illinois Law Enforcement Training Standards
24    Board, nominated by the Executive Director of the Board;
25        (8) a representative from a public defender's office,
26    nominated by the State Appellate Defender;

 

 

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1        (9) a circuit court judge, nominated by the Chief
2    Justice of the Supreme Court;
3        (10) a prosecutor with experience managing or
4    directing a program in another state where the
5    implementation of that state's extreme risk protection
6    order law has achieved high rates of petition filings
7    nominated by the National District Attorneys Association;
8    and
9        (11) an expert from law enforcement who has experience
10    managing or directing a program in another state where the
11    implementation of that state's extreme risk protection
12    order law has achieved high rates of petition filings
13    nominated by the Director of the Illinois State Police.
14    (b) The Commission shall be chaired by the Director of the
15Illinois State Police or his or her designee. The Commission
16shall meet, either virtually or in person, to discuss the
17implementation of the Firearms Restraining Order Act as
18determined by the Commission while the strategies are being
19established.
20    (c) The members of the Commission shall serve without
21compensation and shall serve 3-year terms.
22    (d) An annual report shall be submitted to the General
23Assembly by the Commission that may include summary
24information about firearms restraining order use by county,
25challenges to Firearms Restraining Order Act implementation,
26and recommendations for increasing and improving

 

 

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1implementation.
2    (e) The Commission shall develop a model policy with an
3overall framework for the timely relinquishment of firearms
4whenever a firearms restraining order is issued. The model
5policy shall be finalized within the first 4 months of
6convening. In formulating the model policy, the Commission
7shall consult counties in Illinois and other states with
8extreme risk protection order laws which have achieved a high
9rate of petition filings. Once approved, the Illinois State
10Police shall work with their local law enforcement agencies
11within their county to design a comprehensive strategy for the
12timely relinquishment of firearms, using the model policy as
13an overall framework. Each individual agency may make small
14modifications as needed to the model policy and must approve
15and adopt a policy that aligns with the model policy. The
16Illinois State Police shall convene local police chiefs and
17sheriffs within their county as needed to discuss the
18relinquishment of firearms.
19    (f) The Commission shall be dissolved 3 years after the
20effective date of this amendatory Act of the 102nd General
21Assembly.
22    (g) This Section is repealed 4 years after the effective
23date of this amendatory Act of the 102nd General Assembly.
 
24    Section 15. The Illinois Police Training Act is amended by
25changing Section 7 and by adding Section 7.1 as follows:
 

 

 

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1    (50 ILCS 705/7)  (from Ch. 85, par. 507)
2    Sec. 7. Rules and standards for schools. The Board shall
3adopt rules and minimum standards for such schools which shall
4include, but not be limited to, the following:
5        a. The curriculum for probationary police officers
6    which shall be offered by all certified schools shall
7    include, but not be limited to, courses of procedural
8    justice, arrest and use and control tactics, search and
9    seizure, including temporary questioning, civil rights,
10    human rights, human relations, cultural competency,
11    including implicit bias and racial and ethnic sensitivity,
12    criminal law, law of criminal procedure, constitutional
13    and proper use of law enforcement authority, vehicle and
14    traffic law including uniform and non-discriminatory
15    enforcement of the Illinois Vehicle Code, traffic control
16    and accident investigation, techniques of obtaining
17    physical evidence, court testimonies, statements, reports,
18    firearms training, training in the use of electronic
19    control devices, including the psychological and
20    physiological effects of the use of those devices on
21    humans, first-aid (including cardiopulmonary
22    resuscitation), training in the administration of opioid
23    antagonists as defined in paragraph (1) of subsection (e)
24    of Section 5-23 of the Substance Use Disorder Act,
25    handling of juvenile offenders, recognition of mental

 

 

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1    conditions and crises, including, but not limited to, the
2    disease of addiction, which require immediate assistance
3    and response and methods to safeguard and provide
4    assistance to a person in need of mental treatment,
5    recognition of abuse, neglect, financial exploitation, and
6    self-neglect of adults with disabilities and older adults,
7    as defined in Section 2 of the Adult Protective Services
8    Act, crimes against the elderly, law of evidence, the
9    hazards of high-speed police vehicle chases with an
10    emphasis on alternatives to the high-speed chase, and
11    physical training. The curriculum shall include specific
12    training in techniques for immediate response to and
13    investigation of cases of domestic violence and of sexual
14    assault of adults and children, including cultural
15    perceptions and common myths of sexual assault and sexual
16    abuse as well as interview techniques that are age
17    sensitive and are trauma informed, victim centered, and
18    victim sensitive. The curriculum shall include training in
19    techniques designed to promote effective communication at
20    the initial contact with crime victims and ways to
21    comprehensively explain to victims and witnesses their
22    rights under the Rights of Crime Victims and Witnesses Act
23    and the Crime Victims Compensation Act. The curriculum
24    shall also include training in effective recognition of
25    and responses to stress, trauma, and post-traumatic stress
26    experienced by police officers that is consistent with

 

 

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1    Section 25 of the Illinois Mental Health First Aid
2    Training Act in a peer setting, including recognizing
3    signs and symptoms of work-related cumulative stress,
4    issues that may lead to suicide, and solutions for
5    intervention with peer support resources. The curriculum
6    shall include a block of instruction addressing the
7    mandatory reporting requirements under the Abused and
8    Neglected Child Reporting Act. The curriculum shall also
9    include a block of instruction aimed at identifying and
10    interacting with persons with autism and other
11    developmental or physical disabilities, reducing barriers
12    to reporting crimes against persons with autism, and
13    addressing the unique challenges presented by cases
14    involving victims or witnesses with autism and other
15    developmental disabilities. The curriculum shall include
16    training in the detection and investigation of all forms
17    of human trafficking. The curriculum shall also include
18    instruction in trauma-informed responses designed to
19    ensure the physical safety and well-being of a child of an
20    arrested parent or immediate family member; this
21    instruction must include, but is not limited to: (1)
22    understanding the trauma experienced by the child while
23    maintaining the integrity of the arrest and safety of
24    officers, suspects, and other involved individuals; (2)
25    de-escalation tactics that would include the use of force
26    when reasonably necessary; and (3) inquiring whether a

 

 

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1    child will require supervision and care. The curriculum
2    for permanent police officers shall include, but not be
3    limited to: (1) refresher and in-service training in any
4    of the courses listed above in this subparagraph, (2)
5    advanced courses in any of the subjects listed above in
6    this subparagraph, (3) training for supervisory personnel,
7    and (4) specialized training in subjects and fields to be
8    selected by the board. The training in the use of
9    electronic control devices shall be conducted for
10    probationary police officers, including University police
11    officers. The curriculum shall also include training on
12    the use of a firearms restraining order by providing
13    instruction on the process used to file a firearms
14    restraining order, how to identify situations in which a
15    firearms restraining order is appropriate, and how to
16    promote a firearms restraining order in a domestic
17    violence situation.
18        b. Minimum courses of study, attendance requirements
19    and equipment requirements.
20        c. Minimum requirements for instructors.
21        d. Minimum basic training requirements, which a
22    probationary police officer must satisfactorily complete
23    before being eligible for permanent employment as a local
24    law enforcement officer for a participating local
25    governmental agency. Those requirements shall include
26    training in first aid (including cardiopulmonary

 

 

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1    resuscitation).
2        e. Minimum basic training requirements, which a
3    probationary county corrections officer must
4    satisfactorily complete before being eligible for
5    permanent employment as a county corrections officer for a
6    participating local governmental agency.
7        f. Minimum basic training requirements which a
8    probationary court security officer must satisfactorily
9    complete before being eligible for permanent employment as
10    a court security officer for a participating local
11    governmental agency. The Board shall establish those
12    training requirements which it considers appropriate for
13    court security officers and shall certify schools to
14    conduct that training.
15        A person hired to serve as a court security officer
16    must obtain from the Board a certificate (i) attesting to
17    his or her successful completion of the training course;
18    (ii) attesting to his or her satisfactory completion of a
19    training program of similar content and number of hours
20    that has been found acceptable by the Board under the
21    provisions of this Act; or (iii) attesting to the Board's
22    determination that the training course is unnecessary
23    because of the person's extensive prior law enforcement
24    experience.
25        Individuals who currently serve as court security
26    officers shall be deemed qualified to continue to serve in

 

 

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1    that capacity so long as they are certified as provided by
2    this Act within 24 months of June 1, 1997 (the effective
3    date of Public Act 89-685). Failure to be so certified,
4    absent a waiver from the Board, shall cause the officer to
5    forfeit his or her position.
6        All individuals hired as court security officers on or
7    after June 1, 1997 (the effective date of Public Act
8    89-685) shall be certified within 12 months of the date of
9    their hire, unless a waiver has been obtained by the
10    Board, or they shall forfeit their positions.
11        The Sheriff's Merit Commission, if one exists, or the
12    Sheriff's Office if there is no Sheriff's Merit
13    Commission, shall maintain a list of all individuals who
14    have filed applications to become court security officers
15    and who meet the eligibility requirements established
16    under this Act. Either the Sheriff's Merit Commission, or
17    the Sheriff's Office if no Sheriff's Merit Commission
18    exists, shall establish a schedule of reasonable intervals
19    for verification of the applicants' qualifications under
20    this Act and as established by the Board.
21        g. Minimum in-service training requirements, which a
22    police officer must satisfactorily complete every 3 years.
23    Those requirements shall include constitutional and proper
24    use of law enforcement authority, procedural justice,
25    civil rights, human rights, mental health awareness and
26    response, officer wellness, reporting child abuse and

 

 

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1    neglect, and cultural competency.
2        h. Minimum in-service training requirements, which a
3    police officer must satisfactorily complete at least
4    annually. Those requirements shall include law updates and
5    use of force training which shall include scenario based
6    training, or similar training approved by the Board.
7(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
8100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
91-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
10eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
11101-564, eff. 1-1-20; revised 9-10-19.)"; and
 
12    (50 ILCS 705/7.1 new)
13    Sec. 7.1. Firearms restraining order training.
14    (a) The Illinois Law Enforcement Training Standards Board
15shall develop and approve a standard curriculum for a training
16program on the Firearms Restraining Order Act. The Board shall
17conduct a training program that trains officers on the use of
18firearms restraining orders, how to identify situations in
19which a firearms restraining order is appropriate, and how to
20safely promote the usage of the firearms restraining order in
21a domestic violence situation. Officers who have successfully
22completed this program shall be issued a certificate attesting
23to their attendance.
24    (b) Every law enforcement officer shall complete this
25training once each year.

 

 

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1    (c) If adequate training is unavailable, the Illinois Law
2Enforcement Training Standards Board may approve training to
3be conducted by a third party.
 
4    Section 20. The Firearms Restraining Order Act is amended
5by changing Sections 5, 10, 35, 40, and 45 and by adding
6Section 85 as follows:
 
7    (430 ILCS 67/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Family member of the respondent" means a spouse, former
10spouse, person with whom the respondent has or allegedly has a
11child in common, parent, child, or step-child of the
12respondent, any other person related by blood or present
13marriage to the respondent, or a person who shares a common
14dwelling with the respondent.
15    "Firearms restraining order" means an order issued by the
16court, prohibiting and enjoining a named person from having in
17his or her custody or control, purchasing, possessing, or
18receiving any firearms or ammunition, or removing firearm
19parts that could be assembled to make an operable firearm.
20    "Intimate partner" means a spouse, former spouse, a person
21with whom the respondent has or allegedly has a child in
22common, or a person with whom the respondent has or has had a
23dating or engagement relationship.
24    "Petitioner" means:

 

 

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1        (1) a family member of the respondent as defined in
2    this Act; or
3        (2) a law enforcement officer who files a petition
4    alleging that the respondent poses a danger of causing
5    personal injury to himself, herself, or another by having
6    in his or her custody or control, purchasing, possessing,
7    or receiving a firearm, ammunition, or firearm parts that
8    could be assembled to make an operable firearm or removing
9    firearm parts that could be assembled to make an operable
10    firearm.
11    "Respondent" means the person alleged in the petition to
12pose a danger of causing personal injury to himself, herself,
13or another by having in his or her custody or control,
14purchasing, possessing, or receiving a firearm, ammunition, or
15firearm parts that could be assembled to make an operable
16firearm or removing firearm parts that could be assembled to
17make an operable firearm.
18(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
19    (430 ILCS 67/10)
20    Sec. 10. Commencement of action; procedure.
21    (a) An action for a firearms restraining order is
22commenced by filing a verified petition for a firearms
23restraining order in any circuit court.
24    (b) A petition for a firearms restraining order may be
25filed in: (1) any county where the respondent resides or (2)

 

 

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

 

 

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1another by having in his or her custody or control,
2purchasing, possessing, or receiving a firearm, ammunition, or
3firearm parts that could be assembled to make an operable
4firearm. The petition shall also describe the type and
5location of any firearm or firearms, ammunition, or firearm
6parts that could be assembled to make an operable firearm
7presently believed by the petitioner to be possessed or
8controlled by the respondent.
9    (b) If the respondent is alleged to pose an immediate and
10present danger of causing personal injury to an intimate
11partner, or an intimate partner is alleged to have been the
12target of a threat or act of violence by the respondent, the
13petitioner shall make a good faith effort to provide notice to
14any and all intimate partners of the respondent. The notice
15must include that the petitioner intends to petition the court
16for an emergency firearms restraining order, and, if the
17petitioner is a law enforcement officer, referral to relevant
18domestic violence or stalking advocacy or counseling
19resources, if appropriate. The petitioner shall attest to
20having provided the notice in the filed affidavit or verified
21pleading. If, after making a good faith effort, the petitioner
22is unable to provide notice to any or all intimate partners,
23the affidavit or verified pleading should describe what
24efforts were made.
25    (c) Every person who files a petition for an emergency
26firearms restraining order, knowing the information provided

 

 

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1to the court at any hearing or in the affidavit or verified
2pleading to be false, is guilty of perjury under Section 32-2
3of the Criminal Code of 2012.
4    (d) An emergency firearms restraining order shall be
5issued on an ex parte basis, that is, without notice to the
6respondent.
7    (e) An emergency hearing held on an ex parte basis shall be
8held the same day that the petition is filed or the next day
9that the court is in session.
10    (f) If a circuit or associate judge finds probable cause
11to believe that the respondent poses an immediate and present
12danger of causing personal injury to himself, herself, or
13another by having in his or her custody or control,
14purchasing, possessing, or receiving a firearm, ammunition, or
15firearm parts that could be assembled to make an operable
16firearm, the circuit or associate judge shall issue an
17emergency order.
18    (f-5) If the court issues an emergency firearms
19restraining order, it shall, upon a finding of probable cause
20that the respondent possesses firearms, ammunition, or firearm
21parts that could be assembled to make an operable firearm,
22issue a search warrant directing a law enforcement agency to
23seize the respondent's firearms, ammunition, and firearm parts
24that could be assembled to make an operable firearm. The court
25may, as part of that warrant, direct the law enforcement
26agency to search the respondent's residence and other places

 

 

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

 

 

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1this Section, upon expiration of the period of safekeeping, if
2the firearms, ammunition, and firearm parts that could be
3assembled to make an operable firearm or Firearm Owner's
4Identification Card and concealed carry license cannot be
5returned to the respondent because the respondent cannot be
6located, fails to respond to requests to retrieve the
7firearms, or is not lawfully eligible to possess a firearm,
8ammunition, or firearm parts that could be assembled to make
9an operable firearm, upon petition from the local law
10enforcement agency, the court may order the local law
11enforcement agency to destroy the firearms, ammunition, and
12firearm parts that could be assembled to make an operable
13firearm, use the firearms, ammunition, and firearm parts that
14could be assembled to make an operable firearm for training
15purposes, or use the firearms, ammunition, and firearm parts
16that could be assembled to make an operable firearm for any
17other application as deemed appropriate by the local law
18enforcement agency.
19    (h-5) A respondent whose Firearm Owner's Identification
20Card has been revoked or suspended may petition the court, if
21the petitioner is present in court or has notice of the
22respondent's petition, to transfer the respondent's firearm,
23ammunition, and firearm parts that could be assembled to make
24an operable firearm to a person who is lawfully able to possess
25the firearm, ammunition, and firearm parts that could be
26assembled to make an operable firearm if the person does not

 

 

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1reside at the same address as the respondent. Notice of the
2petition shall be served upon the person protected by the
3emergency firearms restraining order. While the order is in
4effect, the transferee who receives the respondent's firearms,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm must swear or affirm by affidavit that he
7or she shall not transfer the firearm, ammunition, and firearm
8parts that could be assembled to make an operable firearm to
9the respondent or to anyone residing in the same residence as
10the respondent.
11    (h-6) If a person other than the respondent claims title
12to any firearms, ammunition, and firearm parts that could be
13assembled to make an operable firearm surrendered under this
14Section, he or she may petition the court, if the petitioner is
15present in court or has notice of the petition, to have the
16firearm, ammunition, and firearm parts that could be assembled
17to make an operable firearm returned to him or her. If the
18court determines that person to be the lawful owner of the
19firearm, ammunition, and firearm parts that could be assembled
20to make an operable firearm, the firearm, ammunition, and
21firearm parts that could be assembled to make an operable
22firearm shall be returned to him or her, provided that:
23        (1) the firearm, ammunition, and firearm parts that
24    could be assembled to make an operable firearm are is
25    removed from the respondent's custody, control, or
26    possession and the lawful owner agrees to store the

 

 

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1    firearm, ammunition, and firearm parts that could be
2    assembled to make an operable firearm in a manner such
3    that the respondent does not have access to or control of
4    the firearm, ammunition, and firearm parts that could be
5    assembled to make an operable firearm; and
6        (2) the firearm, ammunition, and firearm parts that
7    could be assembled to make an operable firearm are is not
8    otherwise unlawfully possessed by the owner.
9    The person petitioning for the return of his or her
10firearm, ammunition, and firearm parts that could be assembled
11to make an operable firearm must swear or affirm by affidavit
12that he or she: (i) is the lawful owner of the firearm,
13ammunition, and firearm parts that could be assembled to make
14an operable firearm; (ii) shall not transfer the firearm,
15ammunition, and firearm parts that could be assembled to make
16an operable firearm to the respondent; and (iii) will store
17the firearm, ammunition, and firearm parts that could be
18assembled to make an operable firearm in a manner that the
19respondent does not have access to or control of the firearm,
20ammunition, and firearm parts that could be assembled to make
21an operable firearm.
22    (i) In accordance with subsection (e) of this Section, the
23court shall schedule a full hearing as soon as possible, but no
24longer than 14 days from the issuance of an ex parte firearms
25restraining order, to determine if a 6-month firearms
26restraining order shall be issued. The court may extend an ex

 

 

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1parte order as needed, but not to exceed 14 days, to effectuate
2service of the order or if necessary to continue protection.
3The court may extend the order for a greater length of time by
4mutual agreement of the parties.
5(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
6    (430 ILCS 67/40)
7    Sec. 40. Six-month orders.
8    (a) A petitioner may request a 6-month firearms
9restraining order by filing an affidavit or verified pleading
10alleging that the respondent poses a significant danger of
11causing personal injury to himself, herself, or another in the
12near future by having in his or her custody or control,
13purchasing, possessing, or receiving a firearm, ammunition,
14and firearm parts that could be assembled to make an operable
15firearm. The petition shall also describe the number, types,
16and locations of any firearms, ammunition, and firearm parts
17that could be assembled to make an operable firearm presently
18believed by the petitioner to be possessed or controlled by
19the respondent.
20    (b) If the respondent is alleged to pose a significant
21danger of causing personal injury to an intimate partner, or
22an intimate partner is alleged to have been the target of a
23threat or act of violence by the respondent, the petitioner
24shall make a good faith effort to provide notice to any and all
25intimate partners of the respondent. The notice must include

 

 

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1that the petitioner intends to petition the court for a
26-month firearms restraining order, and, if the petitioner is
3a law enforcement officer, referral to relevant domestic
4violence or stalking advocacy or counseling resources, if
5appropriate. The petitioner shall attest to having provided
6the notice in the filed affidavit or verified pleading. If,
7after making a good faith effort, the petitioner is unable to
8provide notice to any or all intimate partners, the affidavit
9or verified pleading should describe what efforts were made.
10    (c) Every person who files a petition for a 6-month
11firearms restraining order, knowing the information provided
12to the court at any hearing or in the affidavit or verified
13pleading to be false, is guilty of perjury under Section 32-2
14of the Criminal Code of 2012.
15    (d) Upon receipt of a petition for a 6-month firearms
16restraining order, the court shall order a hearing within 30
17days.
18    (e) In determining whether to issue a firearms restraining
19order under this Section, the court shall consider evidence
20including, but not limited to, the following:
21        (1) The unlawful and reckless use, display, or
22    brandishing of a firearm, ammunition, and firearm parts
23    that could be assembled to make an operable firearm by the
24    respondent.
25        (2) The history of use, attempted use, or threatened
26    use of physical force by the respondent against another

 

 

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1    person.
2        (3) Any prior arrest of the respondent for a felony
3    offense.
4        (4) Evidence of the abuse of controlled substances or
5    alcohol by the respondent.
6        (5) A recent threat of violence or act of violence by
7    the respondent directed toward himself, herself, or
8    another.
9        (6) A violation of an emergency order of protection
10    issued under Section 217 of the Illinois Domestic Violence
11    Act of 1986 or Section 112A-17 of the Code of Criminal
12    Procedure of 1963 or of an order of protection issued
13    under Section 214 of the Illinois Domestic Violence Act of
14    1986 or Section 112A-14 of the Code of Criminal Procedure
15    of 1963.
16        (7) A pattern of violent acts or violent threats,
17    including, but not limited to, threats of violence or acts
18    of violence by the respondent directed toward himself,
19    herself, or another.
20    (f) At the hearing, the petitioner shall have the burden
21of proving, by clear and convincing evidence, that the
22respondent poses a significant danger of personal injury to
23himself, herself, or another by having in his or her custody or
24control, purchasing, possessing, or receiving a firearm,
25ammunition, and firearm parts that could be assembled to make
26an operable firearm.

 

 

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1    (g) If the court finds that there is clear and convincing
2evidence to issue a firearms restraining order, the court
3shall issue a firearms restraining order that shall be in
4effect for 6 months subject to renewal under Section 45 of this
5Act or termination under that Section.
6    (g-5) If the court issues a 6-month firearms restraining
7order, it shall, upon a finding of probable cause that the
8respondent possesses firearms, ammunition, and firearm parts
9that could be assembled to make an operable firearm, issue a
10search warrant directing a law enforcement agency to seize the
11respondent's firearms, ammunition, and firearm parts that
12could be assembled to make an operable firearm. The court may,
13as part of that warrant, direct the law enforcement agency to
14search the respondent's residence and other places where the
15court finds there is probable cause to believe he or she is
16likely to possess the firearms, ammunition, and firearm parts
17that could be assembled to make an operable firearm. A return
18of the search warrant shall be filed by the law enforcement
19agency within 4 days thereafter, setting forth the time, date,
20and location that the search warrant was executed and what
21items, if any, were seized.
22    (h) A 6-month firearms restraining order shall require:
23        (1) the respondent to refrain from having in his or
24    her custody or control, purchasing, possessing, or
25    receiving additional firearms, ammunition, and firearm
26    parts that could be assembled to make an operable firearm

 

 

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

 

 

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

 

 

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

 

 

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1to make an operable firearm must swear or affirm by affidavit
2that he or she: (i) is the lawful owner of the firearm,
3ammunition, and firearm parts that could be assembled to make
4an operable firearm; (ii) shall not transfer the firearm,
5ammunition, and firearm parts that could be assembled to make
6an operable firearm to the respondent; and (iii) will store
7the firearm, ammunition, and firearm parts that could be
8assembled to make an operable firearm in a manner that the
9respondent does not have access to or control of the firearm,
10ammunition, and firearm parts that could be assembled to make
11an operable firearm.
12    (j) If the court does not issue a firearms restraining
13order at the hearing, the court shall dissolve any emergency
14firearms restraining order then in effect.
15    (k) When the court issues a firearms restraining order
16under this Section, the court shall inform the respondent that
17he or she is entitled to one hearing during the period of the
18order to request a termination of the order, under Section 45
19of this Act, and shall provide the respondent with a form to
20request a hearing.
21(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
22    (430 ILCS 67/45)
23    Sec. 45. Termination and renewal.
24    (a) A person subject to a firearms restraining order
25issued under this Act may submit one written request at any

 

 

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1time during the effective period of the order for a hearing to
2terminate the order.
3        (1) The respondent shall have the burden of proving by
4    a preponderance of the evidence that the respondent does
5    not pose a danger of causing personal injury to himself,
6    herself, or another in the near future by having in his or
7    her custody or control, purchasing, possessing, or
8    receiving a firearm, ammunition, and firearm parts that
9    could be assembled to make an operable firearm.
10        (2) If the court finds after the hearing that the
11    respondent has met his or her burden, the court shall
12    terminate the order.
13    (b) A petitioner may request a renewal of a firearms
14restraining order at any time within the 3 months before the
15expiration of a firearms restraining order.
16        (1) A court shall, after notice and a hearing, renew a
17    firearms restraining order issued under this part if the
18    petitioner proves, by clear and convincing evidence, that
19    the respondent continues to pose a danger of causing
20    personal injury to himself, herself, or another in the
21    near future by having in his or her custody or control,
22    purchasing, possessing, or receiving a firearm,
23    ammunition, and firearm parts that could be assembled to
24    make an operable firearm.
25        (2) In determining whether to renew a firearms
26    restraining order issued under this Act, the court shall

 

 

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1    consider evidence of the facts identified in subsection
2    (e) of Section 40 of this Act and any other evidence of an
3    increased risk for violence.
4        (3) At the hearing, the petitioner shall have the
5    burden of proving by clear and convincing evidence that
6    the respondent continues to pose a danger of causing
7    personal injury to himself, herself, or another in the
8    near future by having in his or her custody or control,
9    purchasing, possessing, or receiving a firearm,
10    ammunition, and firearm parts that could be assembled to
11    make an operable firearm.
12        (4) The renewal of a firearms restraining order issued
13    under this Section shall be in effect for 6 months,
14    subject to termination by further order of the court at a
15    hearing held under this Section and further renewal by
16    further order of the court under this Section.
17(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
18    (430 ILCS 67/85 new)
19    Sec. 85. Report to the General Assembly. The Illinois
20State Police shall submit a yearly report to the General
21Assembly or make available on its website the number of
22petitions entered into the Law Enforcement Agencies Data
23System.".