101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB3379
 
Introduced 2/11/2020, 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.