102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5859
 
Introduced , by Rep. Denyse Wang Stoneback
 
SYNOPSIS AS INTRODUCED:



See Index

 Amends the Open Meetings Act. Provides that a public body may hold a closed meeting to consider specified actions to respond to an actual, a threatened, or a reasonably potential danger to the safety of employees, students, staff, the public, or public property. Amends the Mental Health and Developmental Disabilities Code to require a physician, clinical psychologist, or qualified examiner to determine whether to file an action under the Firearms Restraining Order Act under specified circumstances, and amends the Firearm Owners Identification Card Act to make a corresponding change. Amends the Firearms Restraining Order Act. Provides that a petitioner may request a one-year (rather than 6-month) firearms restraining order, and makes conforming changes throughout the Act. Provides that the Illinois State Police may disseminate educational brochures containing information regarding firearms restraining orders created by the Attorney General's office and other materials concerning firearms restraining orders created by the Department of Public Health to any law enforcement agency in the State, who may in turn disseminate the brochure to persons as the law enforcement agency determines. Subject to appropriation, establishes the Office of Firearms Restraining Order Coordination within the Department of Human Services. Provides that a lawful owner of a firearm may not knowingly, recklessly, or negligently allow the subject of a firearms restraining order to access the firearms of the lawful owner, and that the court may award a person aggrieved by such a violation actual and punitive damages, as well as attorney's fees and other costs. Amends the Illinois Vehicle Code. Provides that the driver's license shall be suspended and the motor vehicle registration shall not be renewed until a person fully complies with an order to surrender firearms. Amends various other Acts to make conforming and other changes. Effective immediately.



LRB102 29985 RLC 42168 b


 
 
A BILL FOR
 


HB5859LRB102 29985 RLC 42168 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 1. This Act may be referred to as the Prevent A Gun 
5Tragedy Act.

6 Section 2. Findings; intent. 
7 (a) The General Assembly finds that:
8  (1) Members of the General Assembly are elected by the 
9 people of Illinois to
debate and pass meaningful 
10 legislation in the best interests of the public.
11  (2) In the light of gun tragedies, it behooves us to 
12 reexamine the status quo
and decide how we can improve 
13 State laws to prevent another tragedy from occurring.
14  (3) It is imperative not only to mourn victims of gun 
15 violence, but honor the
victims with action, and shine a 
16 light on the devastating epidemic of gun violence.
17  (4) The ripple effect that each gun homicide has on 
18 each victim's family, friends,
and community is 
19 astounding. The victim's family and friends bear the grief 
20 and shock
of the violent death of their loved one. If law 
21 enforcement is not able to obtain evidence
that leads to 
22 an arrest, the perpetrator escapes accountability.
23  (5)
December 14, 2022 is the 10-year mark of the Sandy 
 
 
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1 Hook tragedy, during
which 20 children between 6 and 7 
2 years old and 6 adult staff members
were fatally shot in an 
3 elementary school in Newtown, Connecticut.
4  (6) In the days following the Sandy Hook shooting, the 
5 appalling lack of action
by lawmakers who failed to pass 
6 background checks outraged the nation and has led to

7 repercussions in terms of gun injuries and deaths.
8  (7) By December 2022, over 1,000,000 Americans will 
9 have been killed or
injured by guns since the Sandy Hook 
10 shooting tragedy.
11  (8) Gun violence is the number one cause of death for 
12 children in the United
States. Nationally, guns kill twice 
13 as many children and young people than cancer. United 
14 States
children and teens are 17 times more likely to die 
15 from a gun than their peers in 25
other high-income 
16 countries combined. Gun violence affects all children, but 
17 children of
color are at greatest risk.
18  (9) During the pandemic, Illinois led the nation in 
19 gun sales. With many people
obtaining guns for the first 
20 time, the risk for gun tragedies has dramatically 
21 increased.
22  (10) As of December 2022, there have been 55 mass 
23 shootings in Illinois and
620 nationwide in the year 2022, 
24 according to the Gun Violence Archive.
25  (11) There is an urgent need to address gun violence 
26 through legislative
change.
 
 
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1  (l2) Extreme Risk Protection Orders, also known as red 
2 flag laws, exist in 19
states and the District of 
3 Columbia, allowing petitioners to ask a judge to issue a 
4 civil
order for the temporary removal of firearms and 
5 barring of new purchases for individuals
who are deemed at 
6 risk of harming themselves or others.
7  (13) Research suggests that red flag laws have 
8 prevented gun suicides,
domestic-violence-related 
9 shootings, homicides, and mass shootings.
10  (14) Illinois' red flag law, the Firearms Restraining 
11 Order Act, has been in
effect since January 1, 2019.
12  (15) On July 4, 2022, a mass shooting occurred in 
13 Highland Park, Illinois, in
which a man with a history of 
14 threatening violence and posting violent gun-related

15 images online allegedly opened fire, killing 7 people and 
16 wounding dozens of
others at an Independence Day parade, 
17 turning a cherished parade into a scene of fear
and death. 
18 Despite the alleged shooter's history and online postings 
19 about violence,
there is no record that anyone pursued a 
20 firearms restraining order petition against him.
21  (16) On October 31, 2022, a mass shooting occurred in 
22 East Garfield Park in
Chicago, Illinois in which 14 
23 people, including 3 children, were shot. Ten of the

24 victims were from the same family.
25  (17) As of August 2022, fewer than 250 firearms 
26 restraining orders had been filed in Illinois, while in

 
 
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1 other states, such as Florida, thousands had been filed, 
2 showing that the firearms restraining order in Illinois
is 
3 underused compared with other states.
4  (18) The first recommendation of a report by 
5 researchers and experts at Johns
Hopkins Center for Gun 
6 Violence Solutions, released in the fall of 2022, 
7 recommends
strengthening Illinois' Firearms Restraining 
8 Order to address flaws identified by experts
and 
9 lawmakers.
The Hopkins report makes specific 
10 recommendations, including investing in firearms 
11 restraining order
training and education, hiring state 
12 firearms restraining order coordinators who can assist 
13 petitioners and the
courts with firearms restraining order 
14 petitions, and expanding petitioners to include licensed 
15 healthcare
providers.
16  (19) State legislators must take steps to prevent 
17 future mass shootings and gun
tragedies based on 
18 evidence-based data and research and policy suggestions by

19 experts.
20 (b) It is the intent of the General Assembly to provide 
21needed improvements to the
Firearms Restraining Order Act and 
22corresponding laws.

23 Section 5. The Open Meetings Act is amended by changing 
24Section 2 as follows:




 
 
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1 (5 ILCS 120/2) (from Ch. 102, par. 42)



2 Sec. 2. Open meetings. 

3 (a) Openness required. All meetings of public
bodies shall 
4be open to the public unless excepted in subsection (c)
and 
5closed in accordance with Section 2a.

6 (b) Construction of exceptions. The exceptions contained 
7in subsection
(c) are in derogation of the requirement that 
8public bodies
meet in the open, and therefore, the exceptions 
9are to be strictly
construed, extending only to subjects 
10clearly within their scope.
The exceptions authorize but do 
11not require the holding of
a closed meeting to discuss a 
12subject included within an enumerated exception.

13 (c) Exceptions. A public body may hold closed meetings to 
14consider the
following subjects:

15  (1) The appointment, employment, compensation, 
16 discipline, performance,
or dismissal of specific 
17 employees, specific individuals who serve as independent 
18 contractors in a park, recreational, or educational 
19 setting, or specific volunteers of the public body or 
20 legal counsel for
the public body, including hearing

21 testimony on a complaint lodged against an employee, a 
22 specific individual who serves as an independent 
23 contractor in a park, recreational, or educational 
24 setting, or a volunteer of the public body or
against 
25 legal counsel for the public body to determine its 
26 validity. However, a meeting to consider an increase in 
 
 
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1 compensation to a specific employee of a public body that 
2 is subject to the Local Government Wage Increase 
3 Transparency Act may not be closed and shall be open to the 
4 public and posted and held in accordance with this Act.

5  (2) Collective negotiating matters between the public 
6 body and its
employees or their representatives, or 
7 deliberations concerning salary
schedules for one or more 
8 classes of employees.

9  (3) The selection of a person to fill a public office,

10 as defined in this Act, including a vacancy in a public 
11 office, when the public
body is given power to appoint 
12 under law or ordinance, or the discipline,
performance or 
13 removal of the occupant of a public office, when the 
14 public body
is given power to remove the occupant under 
15 law or ordinance. 

16  (4) Evidence or testimony presented in open hearing, 
17 or in closed
hearing where specifically authorized by law, 
18 to
a quasi-adjudicative body, as defined in this Act, 
19 provided that the body
prepares and makes available for 
20 public inspection a written decision
setting forth its 
21 determinative reasoning.

22  (5) The purchase or lease of real property for the use 
23 of
the public body, including meetings held for the 
24 purpose of discussing
whether a particular parcel should 
25 be acquired.

26  (6) The setting of a price for sale or lease of 
 
 
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1 property owned
by the public body.

2  (7) The sale or purchase of securities, investments, 
3 or investment
contracts. This exception shall not apply to 
4 the investment of assets or income of funds deposited into 
5 the Illinois Prepaid Tuition Trust Fund. 

6  (8) Security procedures, school building safety and 
7 security, and the use of personnel, and
equipment, 
8 reporting to law enforcement, or legal action to respond 
9 to an actual, a threatened, or a reasonably
potential 
10 danger to the safety of employees, students, staff, the 
11 public, or
public
property.

12  (9) Student disciplinary cases.

13  (10) The placement of individual students in special 
14 education
programs and other matters relating to 
15 individual students.

16  (11) Litigation, when an action against, affecting or 
17 on behalf of the
particular public body has been filed and 
18 is pending before a court or
administrative tribunal, or 
19 when the public body finds that an action is
probable or 
20 imminent, in which case the basis for the finding shall be

21 recorded and entered into the minutes of the closed 
22 meeting.

23  (12) The establishment of reserves or settlement of 
24 claims as provided
in the Local Governmental and 
25 Governmental Employees Tort Immunity Act, if
otherwise the 
26 disposition of a claim or potential claim might be

 
 
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1 prejudiced, or the review or discussion of claims, loss or 
2 risk management
information, records, data, advice or 
3 communications from or with respect
to any insurer of the 
4 public body or any intergovernmental risk management

5 association or self insurance pool of which the public 
6 body is a member.

7  (13) Conciliation of complaints of discrimination in 
8 the sale or rental
of housing, when closed meetings are 
9 authorized by the law or ordinance
prescribing fair 
10 housing practices and creating a commission or

11 administrative agency for their enforcement.

12  (14) Informant sources, the hiring or assignment of 
13 undercover personnel
or equipment, or ongoing, prior or 
14 future criminal investigations, when
discussed by a public 
15 body with criminal investigatory responsibilities.

16  (15) Professional ethics or performance when 
17 considered by an advisory
body appointed to advise a 
18 licensing or regulatory agency on matters
germane to the 
19 advisory body's field of competence.

20  (16) Self evaluation, practices and procedures or 
21 professional ethics,
when meeting with a representative of 
22 a statewide association of which the
public body is a 
23 member.

24  (17) The recruitment, credentialing, discipline or 
25 formal peer review
of physicians or other
health care 
26 professionals, or for the discussion of matters protected 
 
 
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1 under the federal Patient Safety and Quality Improvement 
2 Act of 2005, and the regulations promulgated thereunder, 
3 including 42 C.F.R. Part 3 (73 FR 70732), or the federal 
4 Health Insurance Portability and Accountability Act of 
5 1996, and the regulations promulgated thereunder, 
6 including 45 C.F.R. Parts 160, 162, and 164, by a 
7 hospital, or
other institution providing medical care, 
8 that is operated by the public body.

9  (18) Deliberations for decisions of the Prisoner 
10 Review Board.

11  (19) Review or discussion of applications received 
12 under the
Experimental Organ Transplantation Procedures 
13 Act.

14  (20) The classification and discussion of matters 
15 classified as
confidential or continued confidential by 
16 the State Government Suggestion Award
Board.

17  (21) Discussion of minutes of meetings lawfully closed 
18 under this Act,
whether for purposes of approval by the 
19 body of the minutes or semi-annual
review of the minutes 
20 as mandated by Section 2.06.

21  (22) Deliberations for decisions of the State

22 Emergency Medical Services Disciplinary
Review Board.

23  (23) The operation by a municipality of a municipal 
24 utility or the
operation of a
municipal power agency or 
25 municipal natural gas agency when the
discussion involves 
26 (i) contracts relating to the
purchase, sale, or delivery 
 
 
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1 of electricity or natural gas or (ii) the results
or 
2 conclusions of load forecast studies.

3  (24) Meetings of a residential health care facility 
4 resident sexual
assault and death review
team or
the 
5 Executive
Council under the Abuse Prevention Review
Team 
6 Act.

7  (25) Meetings of an independent team of experts under 
8 Brian's Law. 
9  (26) Meetings of a mortality review team appointed 
10 under the Department of Juvenile Justice Mortality Review 
11 Team Act. 
12  (27) (Blank). 
13  (28) Correspondence and records (i) that may not be 
14 disclosed under Section 11-9 of the Illinois Public Aid 
15 Code or (ii) that pertain to appeals under Section 11-8 of 
16 the Illinois Public Aid Code. 
17  (29) Meetings between internal or external auditors 
18 and governmental audit committees, finance committees, and 
19 their equivalents, when the discussion involves internal 
20 control weaknesses, identification of potential fraud risk 
21 areas, known or suspected frauds, and fraud interviews 
22 conducted in accordance with generally accepted auditing 
23 standards of the United States of America.
24  (30) Those meetings or portions of meetings of a 
25 fatality review team or the Illinois Fatality Review Team 
26 Advisory Council during which a review of the death of an 
 
 
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1 eligible adult in which abuse or neglect is suspected, 
2 alleged, or substantiated is conducted pursuant to Section 
3 15 of the Adult Protective Services Act. 
4  (31) Meetings and deliberations for decisions of the 
5 Concealed Carry Licensing Review Board under the Firearm 
6 Concealed Carry Act. 
7  (32) Meetings between the Regional Transportation 
8 Authority Board and its Service Boards when the discussion 
9 involves review by the Regional Transportation Authority 
10 Board of employment contracts under Section 28d of the 
11 Metropolitan Transit Authority Act and Sections 3A.18 and 
12 3B.26 of the Regional Transportation Authority Act.
13  (33) Those meetings or portions of meetings of the 
14 advisory committee and peer review subcommittee created 
15 under Section 320 of the Illinois Controlled Substances 
16 Act during which specific controlled substance prescriber, 
17 dispenser, or patient information is discussed.
18  (34) Meetings of the Tax Increment Financing Reform 
19 Task Force under Section 2505-800 of the Department of 
20 Revenue Law of the Civil Administrative Code of Illinois. 
21  (35) Meetings of the group established to discuss 
22 Medicaid capitation rates under Section 5-30.8 of the 
23 Illinois Public Aid Code. 
24  (36) Those deliberations or portions of deliberations 
25 for decisions of the Illinois Gaming Board in which there 
26 is discussed any of the following: (i) personal, 
 
 
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1 commercial, financial, or other information obtained from 
2 any source that is privileged, proprietary, confidential, 
3 or a trade secret; or (ii) information specifically 
4 exempted from the disclosure by federal or State law.
5  (37) Deliberations for decisions of the Illinois Law

6 Enforcement Training Standards Board, the Certification 
7 Review Panel, and the Illinois State Police Merit Board 
8 regarding certification and decertification. 
9  (38) Meetings of the Ad Hoc Statewide Domestic

10 Violence Fatality Review Committee of the Illinois 
11 Criminal
Justice Information Authority Board that occur in 
12 closed executive session under subsection (d) of Section 
13 35 of the Domestic Violence Fatality Review Act. 
14  (39) Meetings of the regional review teams under 
15 subsection (a) of Section 75 of the Domestic Violence 
16 Fatality Review Act. 
17  (40) Meetings of the Firearm Owner's Identification 
18 Card Review Board under Section 10 of the Firearm Owners 
19 Identification Card Act. 
20 (d) Definitions. For purposes of this Section:

21 "Employee" means a person employed by a public body whose 
22relationship
with the public body constitutes an 
23employer-employee relationship under
the usual common law 
24rules, and who is not an independent contractor.

25 "Public office" means a position created by or under the

26Constitution or laws of this State, the occupant of which is 
 
 
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1charged with
the exercise of some portion of the sovereign 
2power of this State. The term
"public office" shall include 
3members of the public body, but it shall not
include 
4organizational positions filled by members thereof, whether

5established by law or by a public body itself, that exist to 
6assist the
body in the conduct of its business.

7 "Quasi-adjudicative body" means an administrative body 
8charged by law or
ordinance with the responsibility to conduct 
9hearings, receive evidence or
testimony and make 
10determinations based
thereon, but does not include
local 
11electoral boards when such bodies are considering petition 
12challenges.

13 (e) Final action. No final action may be taken at a closed 
14meeting.
Final action shall be preceded by a public recital of 
15the nature of the
matter being considered and other 
16information that will inform the
public of the business being 
17conducted. 

18(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19; 
19101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff. 
208-20-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)

21 Section 11. The Illinois State Police Law of the
Civil 
22Administrative Code of Illinois is amended by changing Section 
232605-51.1 as follows:

24 (20 ILCS 2605/2605-51.1)
 
 
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1 (Section scheduled to be repealed on June 1, 2026)
2 Sec. 2605-51.1. Commission on Implementing the Firearms 
3Restraining Order Act.
4 (a) There is created the Commission on Implementing the 
5Firearms Restraining Order Act composed of at least 12 members 
6to advise on the strategies of education and implementation of 
7the Firearms Restraining Order Act. The Commission shall be 
8appointed by the Director of the Illinois State Police or his 
9or her designee and shall include a liaison or representative 
10nominated from the following: 
11  (1) the Office of the Attorney General, appointed by 
12 the Attorney General;
13  (2) the Director of the Illinois State Police or his 
14 or her designee;
15  (3) at least 3 State's Attorneys, nominated by the 
16 Director of the Office of the State's Attorneys Appellate 
17 Prosecutor;
18  (4) at least 2 municipal police department 
19 representatives,
nominated by the Illinois Association of 
20 Chiefs of Police;
21  (5) an Illinois sheriff,
nominated by the Illinois 
22 Sheriffs' Association;
23  (6) the Director of Public Health or his or her 
24 designee;
25  (7) the Illinois Law Enforcement Training Standards 
26 Board, nominated by the Executive Director of the Board;
 
 
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1  (8) a representative from a public defender's office,

2 nominated by the State Appellate Defender;
3  (9) a circuit court judge,
nominated by the Chief 
4 Justice of the Supreme Court;
5  (10) a prosecutor with experience managing or 
6 directing a program in another state where the 
7 implementation of that state's extreme risk protection 
8 order law has achieved high rates of petition filings 
9 nominated by the National District Attorneys Association; 
10 and
11  (11) an expert from law enforcement who has experience 
12 managing or directing a program in another state where the 
13 implementation of that state's extreme risk protection 
14 order law has achieved high rates of petition filings 
15 nominated by the Director of the Illinois State Police; 
16 and
17  (12) a circuit clerk, nominated by the President of 
18 the Illinois Association of Court Clerks.
19 (b)
The Commission shall be chaired by the Director of the 
20Illinois State Police or his or her designee. The Commission 
21shall meet, either virtually or in person, to discuss the 
22implementation of the Firearms Restraining Order Act as 
23determined by the Commission while the strategies are being 
24established.
25 (c) The members of the Commission shall serve without 
26compensation and shall serve 3-year terms.
 
 
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1 (d) An annual report shall be submitted to the General 
2Assembly by the Commission that may include summary 
3information about firearms restraining order use by county, 
4challenges to Firearms Restraining Order Act implementation, 
5and recommendations for increasing and improving 
6implementation.
7 (e)
The Commission shall develop a model policy with an 
8overall framework for the timely relinquishment of firearms 
9whenever a firearms restraining order is issued. The model 
10policy shall be finalized within the first 4 months of 
11convening. In formulating the model policy, the Commission 
12shall consult counties in Illinois and other states with 
13extreme risk protection order laws which have achieved a high 
14rate of petition filings. Once approved, the Illinois State 
15Police shall work with their local law enforcement agencies 
16within their county to design a comprehensive strategy for the 
17timely relinquishment of firearms, using the model policy as 
18an overall framework. Each individual agency may make small 
19modifications as needed to the model policy and must approve 
20and adopt a policy that aligns with the model policy. The 
21Illinois State Police shall convene local police chiefs and 
22sheriffs within their county as needed to discuss the 
23relinquishment of firearms.
24 (f) The Commission shall be dissolved June 1, 2025 (3 
25years after the effective date of Public Act 102-345).
26 (g) This Section is repealed June 1, 2026 (4 years after 
 
 
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1the effective date of Public Act 102-345).

2(Source: P.A. 102-345, eff. 6-1-22; 102-813, eff. 5-13-22.)

3 Section 12. The Counties Code is amended by changing 
4Section 3-9005 as follows:



5 (55 ILCS 5/3-9005) (from Ch. 34, par. 3-9005)


6 Sec. 3-9005. Powers and duties of State's Attorney. 

7 (a) The duty of each State's Attorney shall be:

8  (1) To commence and prosecute all actions, suits, 
9 indictments and
prosecutions, civil and criminal, in the 
10 circuit court for the county,
in which the people of the 
11 State or county may be concerned.

12  (2) To prosecute all forfeited bonds and 
13 recognizances, and all
actions and proceedings for the 
14 recovery of debts, revenues, moneys,
fines, penalties and 
15 forfeitures accruing to the State or the county, or
to any 
16 school district or road district in the county; also, to

17 prosecute all suits in the county against railroad or 
18 transportation
companies, which may be prosecuted in the 
19 name of the People of the
State of Illinois.

20  (3) To commence and prosecute all actions and 
21 proceedings brought by
any county officer in the county 
22 officer's official capacity.

23  (4) To defend all actions and proceedings brought 
24 against the
county, or against any county or State 
 
 
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1 officer, in the county or State officer's official

2 capacity, within the county.

3  (5) To attend the examination of all persons brought 
4 before any judge
on habeas corpus, when the prosecution is 
5 in the county.

6  (6) To attend before judges and prosecute charges of 
7 felony or
misdemeanor, for which the offender is required 
8 to be recognized to appear
before the circuit court, when 
9 in the State's Attorney's power so to do.

10  (7) To give the State's Attorney's opinion, without 
11 fee or reward, to any county officer
in the county, upon 
12 any question or law relating to any criminal or other

13 matter, in which the people or the county may be 
14 concerned.

15  (8) To assist the Attorney General whenever it may be 
16 necessary, and in
cases of appeal from the county to the 
17 Supreme Court, to which it is the
duty of the Attorney 
18 General to attend, the State's Attorney shall furnish the 
19 Attorney General
at least 10 days before such is due to be 
20 filed, a manuscript of a proposed
statement, brief and 
21 argument to be printed and filed on behalf of the people,

22 prepared in accordance with the rules of the Supreme 
23 Court. However, if
such brief, argument or other document 
24 is due to be filed by law or order
of court within this 
25 10-day period, then the State's Attorney shall furnish

26 such as soon as may be reasonable.

 
 
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1  (9) To pay all moneys received by the State's Attorney 
2 in trust, without delay, to the
officer who by law is 
3 entitled to the custody thereof.

4  (10) To notify, by first class mail, complaining 
5 witnesses of the ultimate
disposition of the cases arising 
6 from an indictment or an information.

7  (11) To perform such other and further duties as may, 
8 from time to time,
be enjoined on the State's Attorney by 
9 law.

10  (12) To appear in all proceedings by collectors of 
11 taxes against
delinquent taxpayers for judgments to sell 
12 real estate, and see that all the
necessary preliminary 
13 steps have been legally taken to make the judgment legal

14 and binding.

15  (13) To notify, by first-class mail, the State 
16 Superintendent of Education, the applicable regional 
17 superintendent of schools, and the superintendent of the 
18 employing school district or the chief school 
19 administrator of the employing nonpublic school, if any, 
20 upon the conviction of any individual known to possess a 
21 certificate or license issued pursuant to Article 21 or 
22 21B, respectively, of the School Code of any offense set 
23 forth in Section 21B-80 of the School Code or any other 
24 felony conviction, providing the name of the certificate 
25 holder, the fact of the conviction, and the name and 
26 location of the court where the conviction occurred. The 
 
 
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1 certificate holder must also be contemporaneously sent a 
2 copy of the notice. 
3 (b) The State's Attorney of each county shall have 
4authority to
appoint one or more special investigators to 
5serve subpoenas and summonses, make return
of process, and 
6conduct investigations which assist the State's Attorney in

7the performance of the State's Attorney duties. In counties of 
8the first and second class, the fees for service of subpoenas 
9and summonses are allowed by this Section and shall be 
10consistent with those set forth in Section 4-5001 of this Act, 
11except when increased by county ordinance as provided for in 
12Section 4-5001. In counties of the third class, the fees for 
13service of subpoenas and summonses are allowed by this Section 
14and shall be consistent with those set forth in Section 
154-12001 of this Act. A special investigator shall not carry

16firearms except with permission of the State's Attorney and 
17only while
carrying appropriate identification indicating the 
18special investigator's employment and in the
performance of 
19the special investigator's assigned duties.

20 Subject to the qualifications set forth in this 
21subsection, special
investigators shall be peace officers and 
22shall have all the powers possessed
by investigators under the 
23State's Attorneys Appellate Prosecutor's Act.

24 No special investigator employed by the State's Attorney 
25shall have peace
officer status or exercise police powers 
26unless the special investigator successfully
completes the 
 
 
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1basic police training course mandated and approved by the

2Illinois Law Enforcement Training Standards Board or such

3board waives the training requirement by reason of the special

4investigator's prior law enforcement experience or training or 
5both. Any
State's Attorney appointing a special investigator 
6shall consult with all
affected local police agencies, to the 
7extent consistent with the public
interest, if the special 
8investigator is assigned to areas within that
agency's 
9jurisdiction.

10 Before a person is appointed as a special investigator, 
11the person's
fingerprints shall be taken and transmitted to 
12the Department of State
Police. The Department shall examine 
13its records and submit to the State's
Attorney of the county in 
14which the investigator seeks appointment any
conviction 
15information concerning the person on file with the Department.

16No person shall be appointed as a special investigator if the 
17person has been
convicted of a felony or other offense 
18involving moral turpitude. A
special investigator shall be 
19paid a salary and be reimbursed for actual
expenses incurred 
20in performing the special investigator's assigned duties. The 
21county board
shall approve the salary and actual expenses and 
22appropriate the salary
and expenses in the manner prescribed 
23by law or ordinance.

24 (c) The State's
Attorney may request and receive from 
25employers, labor unions, telephone
companies, and utility 
26companies
location information concerning putative fathers and 
 
 
HB5859- 22 -LRB102 29985 RLC 42168 b


1noncustodial parents for
the purpose of establishing a child's 
2paternity or establishing, enforcing, or
modifying a child 
3support obligation. In this subsection, "location
information"

4means information about (i) the physical whereabouts of a 
5putative father or
noncustodial parent, (ii) the putative 
6father or noncustodial parent's
employer, or
(iii) the salary, 
7wages, and other
compensation paid and the health insurance 
8coverage provided to the putative
father or noncustodial 
9parent by the employer of the putative father or
noncustodial 
10parent
or by a labor union of which the putative father or 
11noncustodial parent is a
member.

12 (d) (Blank).

13 (e) The State's Attorney shall have the authority to enter 
14into a written
agreement with the Department of Revenue for 
15pursuit of civil
liability under subsection (E) of Section 
1617-1 of the Criminal Code of 2012 against persons who
have 
17issued to the Department checks or other orders in violation 
18of the
provisions of paragraph (1) of subsection (B) of 
19Section 17-1 of the Criminal
Code of 2012, with the Department 
20to retain the amount owing upon the
dishonored check or order 
21along with the dishonored check fee imposed under the
Uniform 
22Penalty and Interest Act, with the balance of damages, fees, 
23and costs
collected under subsection (E) of Section 17-1 of 
24the Criminal Code of 2012 or under Section 17-1a of that Code 
25to be retained by
the State's Attorney. The agreement shall 
26not affect the allocation of fines
and costs imposed in any 
 
 
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1criminal prosecution.

2 (f) In a county with less than 2,000,000 inhabitants, and 
3only upon receipt of a written request by the superintendent 
4of the county Veterans Assistance Commission for the county in 
5which the State's Attorney is located, the State's Attorney 
6shall have the discretionary authority to render an opinion, 
7without fee or reward, upon any question of law relating to a 
8matter in which the county Veterans Assistance Commission may 
9be concerned. The State's Attorney shall have the discretion 
10to grant or decline such a request. 
11 (g) Within 60 days after the effective date of any 
12amendatory changes to the Firearms Restraining Order Act, it 
13is the duty of each State's Attorney to update law enforcement 
14agencies within the State's Attorney's jurisdiction of those 
15changes to the Firearms Restraining Order Act. 
16(Source: P.A. 101-275, eff. 8-9-19; 102-56, eff. 7-9-21.)


17 Section 15. The Mental Health and Developmental 
18Disabilities Code is amended by changing Section 6-103.3 as 
19follows:

20 (405 ILCS 5/6-103.3)
21 Sec. 6-103.3. Clear and present danger; notice. 
22 (a) If a person is determined to pose a clear and present 
23danger to himself, herself, or to others by a physician, 
24clinical psychologist, or qualified examiner, whether employed 
 
 
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1by the State, by any public or private mental health facility 
2or part thereof, or by a law enforcement official or a school 
3administrator, then the physician, clinical psychologist, 
4qualified examiner shall notify the Department of Human 
5Services and a law enforcement official or school 
6administrator shall notify the Illinois State Police, within 
724 hours of making the determination that the person poses a 
8clear and present danger. The Department of Human Services 
9shall immediately update its records and information relating 
10to mental health and developmental disabilities, and if 
11appropriate, shall notify the Illinois State Police in a form 
12and manner prescribed by the Illinois State Police. If a 
13person has been determined to pose a clear and present danger 
14under this subsection, the physician, clinical psychologist, 
15or qualified examiner shall determine whether to file an 
16action under the Firearms Restraining Order Act naming that 
17person as the respondent. 
18 (b) Information disclosed under this Section shall remain 
19privileged and confidential, and shall not be redisclosed, 
20except as required under subsection (e) of Section 3.1 of the 
21Firearm Owners Identification Card Act or for the purpose of 
22an action under the Firearms Restraining Order Act, nor used 
23for any other purpose. The method of providing this 
24information shall guarantee that the information is not 
25released beyond that which is necessary for the purposes 
26provided by purpose of this Section and shall be provided by 
 
 
HB5859- 25 -LRB102 29985 RLC 42168 b


1rule by the Department of Human Services. The identity of the 
2person reporting under this Section shall not be disclosed to 
3the subject of the report. The physician, clinical 
4psychologist, qualified examiner, law enforcement official, or 
5school administrator making the determination and his or her 
6employer shall not be held criminally, civilly, or 
7professionally liable for making or not making the 
8notification required under this Section, except for willful 
9or wanton misconduct. This Section does not apply to a law 
10enforcement official, if making the notification under this 
11Section will interfere with an ongoing or pending criminal 
12investigation.
13 (c) For the purposes of this Section:
14  "Clear and present danger" has the meaning ascribed to 
15 it in Section 1.1 of the Firearm Owners Identification 
16 Card Act.
17  "Determined to pose a clear and present danger to 
18 himself, herself, or to others by a physician, clinical 
19 psychologist, or qualified examiner" means in the 
20 professional opinion of the physician, clinical 
21 psychologist, or qualified examiner, a person poses a 
22 clear and present danger. 
23  "School administrator" means the person required to 
24 report under the School Administrator Reporting of Mental 
25 Health Clear and Present Danger Determinations Law.

26(Source: P.A. 102-538, eff. 8-20-21.)

 
 
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1 Section 20. The Firearm Owners Identification Card Act is 
2amended by changing Section 8.1 as follows:



3 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)



4 Sec. 8.1. Notifications to the Illinois State Police.

5 (a) The Circuit Clerk shall, in the form and manner 
6required by the
Supreme Court, notify the Illinois State 
7Police of all final dispositions
of cases for which the 
8Department has received information reported to it under

9Sections 2.1 and 2.2 of the Criminal Identification Act.

10 (b) Upon adjudication of any individual as a person with a 
11mental disability as defined in Section 1.1 of this Act or a 
12finding that a person has been involuntarily admitted, the 
13court shall direct the circuit court clerk to immediately 
14notify the Illinois State Police, Firearm Owner's 
15Identification (FOID) department, and shall forward a copy of 
16the court order to the Department. 
17 (b-1) Beginning July 1, 2016, and each July 1 and December 
1830 of every year thereafter, the circuit court clerk shall, in 
19the form and manner prescribed by the Illinois State Police, 
20notify the Illinois State Police, Firearm Owner's 
21Identification (FOID) department if the court has not directed 
22the circuit court clerk to notify the Illinois State Police, 
23Firearm Owner's Identification (FOID) department under 
24subsection (b) of this Section, within the preceding 6 months, 
 
 
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1because no person has been adjudicated as a person with a 
2mental disability by the court as defined in Section 1.1 of 
3this Act or if no person has been involuntarily admitted. The 
4Supreme Court may adopt any orders or rules necessary to 
5identify the persons who shall be reported to the Illinois 
6State Police under subsection (b), or any other orders or 
7rules necessary to implement the requirements of this Act. 
8 (c) The Department of Human Services shall, in the form 
9and manner prescribed by the Illinois State Police, report all 
10information collected under subsection (b) of Section 12 of 
11the Mental Health and Developmental Disabilities 
12Confidentiality Act for the purpose of determining whether a 
13person who may be or may have been a patient in a mental health 
14facility is disqualified under State or federal law from 
15receiving or retaining a Firearm Owner's Identification Card, 
16or purchasing a weapon.
17 (d) If a person is determined to pose a clear and present 
18danger to himself, herself, or to others:
19  (1) by a physician, clinical psychologist, or 
20 qualified examiner, or is determined to have a 
21 developmental disability by a physician, clinical 
22 psychologist, or qualified examiner, whether employed by 
23 the State or privately, then the physician, clinical 
24 psychologist, or qualified examiner shall, within 24 hours 
25 of making the determination, notify the Department of 
26 Human Services that the person poses a clear and present 
 
 
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1 danger or has a developmental disability; or
2  (2) by a law enforcement official or school 
3 administrator, then the law enforcement official or school 
4 administrator shall, within 24 hours of making the 
5 determination, notify the Illinois State Police that the 
6 person poses a clear and present danger. 
7 The Department of Human Services shall immediately update 
8its records and information relating to mental health and 
9developmental disabilities, and if appropriate, shall notify 
10the Illinois State Police in a form and manner prescribed by 
11the Illinois State Police. When the Illinois State Police is 
12notified pursuant to this subsection that a person has been 
13determined to pose a clear and present danger, the The 
14Illinois State Police shall determine whether to revoke the 
15person's Firearm Owner's Identification Card under Section 8 
16of this Act. The person reporting or alleging under this 
17subsection that another person poses a clear and present 
18danger to himself, herself, or to others shall determine 
19whether to file an action under the Firearms Restraining Order 
20Act naming that person as the respondent. Any information 
21disclosed under this subsection shall remain privileged and 
22confidential, and shall not be redisclosed, except as required 
23under subsection (e) of Section 3.1 of this Act or for the 
24purpose of an action under the Firearms Restraining Order Act, 
25nor used for any other purpose. The method of providing this 
26information shall guarantee that the information is not 
 
 
HB5859- 29 -LRB102 29985 RLC 42168 b


1released beyond what is necessary for the purposes provided by 
2purpose of this Section and shall be provided by rule by the 
3Department of Human Services. The identity of the person 
4reporting under this Section shall not be disclosed to the 
5subject of the report. The physician, clinical psychologist, 
6qualified examiner, law enforcement official, or school 
7administrator making the determination and his or her employer 
8shall not be held criminally, civilly, or professionally 
9liable for making or not making the notification required 
10under this subsection, except for willful or wanton 
11misconduct.
12 (e) The Illinois State Police shall adopt rules to 
13implement this Section. 
14(Source: P.A. 102-538, eff. 8-20-21.)


15 Section 25. The Firearms Restraining Order Act is amended 
16by changing Sections 5, 10, 35, 40, 45, 50, 55, 60, 65, and 80 
17and by adding Sections 57, 57.5, 58, and 63 as follows:

18 (430 ILCS 67/5)
19 Sec. 5. Definitions.
As used in this Act:
20 "Family member of the respondent" means a spouse, former 
21spouse, person with whom the respondent has a minor child in 
22common, parent, child, or step-child of the respondent, any 
23other person related by blood or present marriage to the 
24respondent, or a person who shares a common dwelling with the 
 
 
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1respondent.
2 "Firearms restraining order" means an order issued by the 
3court, prohibiting and enjoining a named person from having in 
4his or her custody or control, purchasing, possessing, or 
5receiving any firearms or ammunition, or removing firearm 
6parts that could be assembled to make an operable firearm.

7 "Intimate partner" means a spouse, former spouse, a person 
8with whom the respondent has or allegedly has a child in 
9common, or a person with whom the respondent has or has had a 
10dating or engagement relationship.
11 "Petitioner" means:
12  (1) a family member of the respondent as defined in 
13 this Act; or

14  (2) a law enforcement officer
who files a petition 
15 alleging that the respondent poses a danger of causing 
16 personal injury to himself, herself, or another by having 
17 in his or her custody or control, purchasing, possessing, 
18 or receiving a firearm, ammunition, or firearm parts that 
19 could be assembled to make an operable firearm or removing 
20 firearm parts that could be assembled to make an operable 
21 firearm ; or .
22  (3) a physician, psychologist, clinical social worker, 
23 licensed clinical professional counselor, clinical nurse 
24 specialist in psychiatric and mental health nursing, 
25 psychiatric nurse practitioner, licensed clinical marriage 
26 or family therapist, or health officer or designee of a 
 
 
HB5859- 31 -LRB102 29985 RLC 42168 b


1 health officer who has examined a respondent. 
2 "Respondent" means the person alleged in the petition to 
3pose a danger of causing personal injury to himself, herself, 
4or another by having in his or her custody or control, 
5purchasing, possessing, or receiving a firearm, ammunition, or 
6firearm parts that could be assembled to make an operable 
7firearm or removing firearm parts that could be assembled to 
8make an operable firearm.

9(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

10 (430 ILCS 67/10)
11 Sec. 10. Commencement of action; procedure.

12 (a) An action for a firearms restraining order is 
13commenced by filing a verified petition for a firearms 
14restraining order in any circuit court.

15 (b) A petition for a firearms restraining order may be 
16filed in: (1) any county where the respondent resides or (2) 
17any county where an incident occurred that involved the 
18respondent posing a significant an immediate and present 
19danger of causing personal injury to the respondent or another 
20by having in his or her custody or control, or purchasing, 
21possessing, or receiving, a firearm, ammunition, or firearm 
22parts
that could be assembled to make an operable firearm.
A 
23firearms restraining order may be issued against any 
24respondent, including, but not limited to, a respondent who, 
25at the time of the filing of the petition for a firearms 
 
 
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1restraining order, is under the age of 21, does not have a 
2valid Firearm Owner's Identification Card, or does not hold or 
3have a right to possess a firearm.
4 (c) No fee shall be charged by the clerk for filing, 
5amending, vacating, certifying, printing, or photocopying 
6petitions or orders; or for issuing alias summons; or for any 
7related filing service. No fee shall be charged by the sheriff 
8or other law enforcement for service by the sheriff or other 
9law enforcement of a petition, rule, motion, or order in an 
10action commenced under this Section.
11 (d) The court shall provide, through the office of the 
12clerk of the court, simplified forms and clerical assistance 
13to help with the writing and filing of a petition under this 
14Section by any person not represented by counsel. In addition, 
15that assistance may be provided by the State's Attorney.


16 (e) The State's Attorney of the county where the petition 
17is filed may act as a friend of the court in any action filed 
18under this Act. An Assistant State's Attorney of the county 
19where the petition is filed may also be appointed as a friend 
20of the court to assist a petitioner in court regarding 
21firearms restraining orders.
22 (f) If the petitioner is a law enforcement officer, the 
23law enforcement officer does not have to witness threatening 
24behavior or other facts at issue from the respondent firsthand 
25in order to file a petition under this Act. A law enforcement 
26officer may collect evidence from other persons and sign an 
 
 
HB5859- 33 -LRB102 29985 RLC 42168 b


1affidavit asserting to the reliability of the evidence 
2presented to the court upon the filing of the petition. 
3(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)



4 (430 ILCS 67/35)



5 Sec. 35. Ex parte orders and emergency hearings.

6 (a) A petitioner may request an emergency firearms 
7restraining order by filing a an affidavit or verified 
8pleading alleging that the respondent poses a significant an 
9immediate and present danger of causing personal injury to 
10himself, herself, or another by having in his or her custody or 
11control, purchasing, possessing, or receiving a firearm, 
12ammunition, or firearm parts
that could be assembled to make 
13an operable firearm. The petition shall also describe the type 
14and location of any firearm or firearms, ammunition, or 
15firearm parts
that could be assembled to make an operable 
16firearm presently believed by the petitioner to be possessed 
17or controlled by the respondent.

18 (b) If the respondent is alleged to pose a significant an 
19immediate and present danger of causing personal injury to an 
20intimate partner, or an intimate partner is alleged to have 
21been the target of a threat or act of violence by the 
22respondent, the petitioner shall make a good faith effort to 
23provide notice to any and all intimate partners of the 
24respondent who are a target or under threat. A law enforcement 
25agency shall assist the petitioner with locating the targeted 
 
 
HB5859- 34 -LRB102 29985 RLC 42168 b


1or threatened intimate partner if necessary to provide notice. 
2The notice must include that the petitioner intends to 
3petition the court for an emergency firearms restraining 
4order, and, if the petitioner is a law enforcement officer, 
5referral to relevant domestic violence or stalking advocacy or 
6counseling resources, if appropriate. The petitioner shall 
7attest to having provided the notice in the filed affidavit or 
8verified pleading. If, after making a good faith effort, the 
9petitioner is unable to provide notice to any or all intimate 
10partners, the affidavit or verified pleading should describe 
11what efforts were made.
12 (c) Every person who files a petition for an emergency 
13firearms restraining order, knowing the information provided 
14to the court at any hearing or in the affidavit or verified 
15pleading to be false, is guilty of perjury under Section 32-2 
16of the Criminal Code of 2012.

17 (d) An emergency firearms restraining order shall be 
18issued on an ex parte basis, that is, without notice to the 
19respondent.

20 (e) An emergency hearing held on an ex parte basis shall be 
21held the same day that the petition is filed or the next day 
22that the court is in session.

23 (f) If a circuit or associate judge finds probable cause 
24to believe that the respondent poses a significant an 
25immediate and present danger of causing personal injury to 
26himself, herself, or another by having in his or her custody or 
 
 
HB5859- 35 -LRB102 29985 RLC 42168 b


1control, purchasing, possessing, or receiving a firearm, 
2ammunition, or firearm parts
that could be assembled to make 
3an operable firearm, the circuit or associate judge shall 
4issue an emergency order.
For purposes of this subsection, a 
5firearm, ammunition, or any firearm parts
that could be 
6assembled to make an operable firearm need not be in a 
7respondent's physical possession in order to be considered in 
8the respondent's custody or control. 
9 (f-5) If the court issues an emergency firearms 
10restraining order, it shall, upon a finding of probable cause 
11that the respondent possesses firearms, ammunition, or firearm 
12parts
that could be assembled to make an operable firearm, 
13issue a search warrant directing a law enforcement agency to 
14seize the respondent's firearms, ammunition, and firearm parts 
15that could
be assembled to make an operable firearm. The court 
16may, as part of that warrant, direct the law enforcement 
17agency to search the respondent's residence and other places 
18where the court finds there is probable cause to believe he or 
19she is likely to possess the firearms, ammunition, or firearm 
20parts
that could be assembled to make an operable firearm. A 
21return of the search warrant shall be filed by the law 
22enforcement agency within 4 days thereafter, setting forth the 
23time, date, and location that the search warrant was executed 
24and what items, if any, were seized. 
25 (g) An emergency firearms restraining order shall require:

26  (1) the respondent to refrain from having in his or 
 
 
HB5859- 36 -LRB102 29985 RLC 42168 b


1 her custody or control, purchasing, possessing, or 
2 receiving additional firearms, ammunition, or firearm 
3 parts that could be assembled to make an operable firearm, 
4 or removing firearm parts that could be assembled to make 
5 an operable firearm for the duration of the order under 
6 Section 8.2 of the Firearm Owners Identification Card Act;

7 and
8  (2) the respondent to comply with Section 9.5 of the 
9 Firearm Owners Identification Card Act and subsection (g) 
10 of Section 70 of the Firearm Concealed Carry Act.
11 (h) Except as otherwise provided in subsection (h-5) of 
12this Section, upon expiration of the period of safekeeping, if 
13the firearms, ammunition, and firearm parts that could
be 
14assembled to make an operable firearm or Firearm Owner's 
15Identification Card and concealed carry license cannot be 
16returned to the respondent because the respondent cannot be 
17located, fails to respond to requests to retrieve the 
18firearms, or is not lawfully eligible to possess a firearm, 
19ammunition, or firearm parts
that could be assembled to make 
20an operable firearm, upon petition from the local law 
21enforcement agency, the court may order the local law 
22enforcement agency to destroy the firearms, ammunition, and 
23firearm parts that could
be assembled to make an operable 
24firearm, use the firearms, ammunition, and firearm parts that 
25could
be assembled to make an operable firearm for training 
26purposes, or use the firearms, ammunition, and firearm parts 
 
 
HB5859- 37 -LRB102 29985 RLC 42168 b


1that could
be assembled to make an operable firearm for any 
2other application as deemed appropriate by the local law 
3enforcement agency.

4 (h-5) On or before January 1, 2022, a respondent whose 
5Firearm Owner's Identification Card has been revoked or 
6suspended may petition the court, if the petitioner is present 
7in court or has notice of the respondent's petition, to 
8transfer the respondent's firearm, ammunition, and firearm 
9parts that could
be assembled to make an operable firearm to a 
10person who is lawfully able to possess the firearm, 
11ammunition, and firearm parts that could
be assembled to make 
12an operable firearm if the person does not reside at the same 
13address as the respondent. Notice of the petition shall be 
14served upon the person protected by the emergency firearms 
15restraining order. While the order is in effect, the 
16transferee who receives the respondent's firearms, ammunition, 
17and firearm parts that could be assembled to make an operable 
18firearm must swear or affirm by affidavit that he or she shall 
19not transfer the firearm, ammunition, and firearm parts that 
20could
be assembled to make an operable firearm to the 
21respondent or to anyone residing in the same residence as the 
22respondent.
23 (h-6) If a person other than the respondent claims title 
24to any firearms, ammunition, and firearm parts that could
be 
25assembled to make an operable firearm surrendered under this 
26Section, he or she may petition the court, if the petitioner is 
 
 
HB5859- 38 -LRB102 29985 RLC 42168 b


1present in court or has notice of the petition, to have the 
2firearm, ammunition, and firearm parts that could be assembled 
3to make an operable firearm returned to him or her. If the 
4court determines that person to be the lawful owner of the 
5firearm, ammunition, and firearm parts that could be assembled 
6to make an operable firearm, the firearm, ammunition, and 
7firearm parts that could
be assembled to make an operable 
8firearm shall be returned to him or her, provided that:
9  (1) the firearm,
ammunition, and firearm parts that 
10 could be assembled to make
an operable firearm are removed 
11 from the respondent's custody, control, or possession and 
12 the lawful owner agrees to store the firearm, ammunition, 
13 and firearm parts that could
be assembled to make an 
14 operable firearm in a manner such that the respondent does 
15 not have access to or control of the firearm, ammunition, 
16 and firearm parts that could
be assembled to make an 
17 operable firearm; and
18  (2) the firearm,
ammunition, and firearm parts that 
19 could be assembled to make
an operable firearm are not 
20 otherwise unlawfully possessed by the owner.
21 The person petitioning for the return of his or her 
22firearm, ammunition, and firearm parts that could
be assembled 
23to make an operable firearm must swear or affirm by affidavit 
24that he or she: (i) is the lawful owner of the firearm, 
25ammunition, and firearm parts that could be assembled to make 
26an operable firearm; (ii) shall not transfer the firearm, 
 
 
HB5859- 39 -LRB102 29985 RLC 42168 b


1ammunition, and firearm parts that could
be assembled to make 
2an operable firearm to the respondent; and (iii) will store 
3the firearm, ammunition, and firearm parts that could be 
4assembled to make an operable firearm in a manner that the 
5respondent does not have access to or control of the firearm, 
6ammunition, and firearm parts that could
be assembled to make 
7an operable firearm; and (iv) does not reside in the same 
8household as the respondent. 
9 (i) In accordance with subsection (e) of this Section, the 
10court shall schedule a full hearing as soon as possible, but no 
11longer than 14 days from the issuance of an ex parte firearms 
12restraining order, to determine if a one-year 6-month firearms 
13restraining order shall be issued. The court may extend an ex 
14parte order as needed, but not to exceed 14 days, to effectuate 
15service of the order or if necessary to continue protection. 
16The court may extend the order for a greater length of time by 
17mutual agreement of the parties.


18(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
19102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
205-13-22.)



21 (430 ILCS 67/40)



22 Sec. 40. One-year Six-month orders.

23 (a) A petitioner may request a one-year 6-month firearms 
24restraining order by filing an affidavit or verified pleading 
25alleging that the respondent poses a significant danger of 
 
 
HB5859- 40 -LRB102 29985 RLC 42168 b


1causing personal injury to himself, herself, or another in the 
2near future by having in his or her custody or control, 
3purchasing, possessing, or receiving a firearm, ammunition, 
4and firearm parts that could
be assembled to make an operable 
5firearm. The petition shall also describe the number, types, 
6and locations of any firearms, ammunition, and firearm parts 
7that could
be assembled to make an operable firearm presently 
8believed by the petitioner to be possessed or controlled by 
9the respondent.

10 (b) If the respondent is alleged to pose a significant 
11danger of causing personal injury to an intimate partner, or 
12an intimate partner is alleged to have been the target of a 
13threat or act of violence by the respondent, the petitioner 
14shall make a good faith effort to provide notice to any and all 
15intimate partners of the respondent who are a target or under 
16threat. A law enforcement agency shall assist the petitioner 
17with locating the targeted or threatened intimate partner if 
18necessary to provide notice. The notice must include that the 
19petitioner intends to petition the court for a one-year 
206-month firearms restraining order, and, if the petitioner is 
21a law enforcement officer, referral to relevant domestic 
22violence or stalking advocacy or counseling resources, if 
23appropriate. The petitioner shall attest to having provided 
24the notice in the filed affidavit or verified pleading. If, 
25after making a good faith effort, the petitioner is unable to 
26provide notice to any or all intimate partners, the affidavit 
 
 
HB5859- 41 -LRB102 29985 RLC 42168 b


1or verified pleading should describe what efforts were made.
2 (c) Every person who files a petition for a one-year 
36-month firearms restraining order, knowing the information 
4provided to the court at any hearing or in the affidavit or 
5verified pleading to be false, is guilty of perjury under 
6Section 32-2 of the Criminal Code of 2012.

7 (d) Upon receipt of a petition for a one-year 6-month 
8firearms restraining order, the court shall order a hearing 
9within 30 days.

10 (e) In determining whether to issue a firearms restraining 
11order under this Section, the court shall consider evidence 
12including, but not limited to, the following:

13  (1) The unlawful and reckless use, display, or 
14 brandishing of a firearm, ammunition, and firearm parts 
15 that could
be assembled to make an operable firearm by the 
16 respondent.

17  (2) The history of use, attempted use, or threatened 
18 use of physical force by the respondent against another 
19 person.

20  (3) Any prior arrest of the respondent for a felony 
21 offense.
22  (4) Evidence of the abuse of controlled substances or 
23 alcohol by the respondent.
24  (5) A recent threat of violence or act of violence by 
25 the respondent directed toward himself, herself, or 
26 another.
 
 
HB5859- 42 -LRB102 29985 RLC 42168 b


1  (6) A violation of an emergency order of protection 
2 issued under Section 217 of the Illinois Domestic Violence 
3 Act of 1986 or Section 112A-17 of the Code of Criminal 
4 Procedure of 1963 or of an order of protection issued 
5 under Section 214 of the Illinois Domestic Violence Act of 
6 1986 or Section 112A-14 of the Code of Criminal Procedure 
7 of 1963.

8  (7) A pattern of violent acts or violent threats, 
9 including, but not limited to, threats of violence or acts 
10 of violence by the respondent directed toward himself, 
11 herself, or another.
12 (f) At the hearing, the petitioner shall have the burden 
13of proving, by clear and convincing evidence, that the 
14respondent poses a significant danger of personal injury to 
15himself, herself, or another by having in his or her custody or 
16control, purchasing, possessing, or receiving a firearm, 
17ammunition, and firearm parts that could be assembled to make 
18an operable firearm.
19 (g) If the court finds that there is clear and convincing 
20evidence to issue a firearms restraining order, the court 
21shall issue a firearms restraining order that shall be in 
22effect for one year 6 months subject to renewal under Section 
2345 of this Act or termination under that Section. 
24 (g-5) If the court issues a one-year 6-month firearms 
25restraining order, it shall, upon a finding of probable cause 
26that the respondent possesses firearms, ammunition, and 
 
 
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1firearm parts that could
be assembled to make an operable 
2firearm, issue a search warrant directing a law enforcement 
3agency to seize the respondent's firearms, ammunition, and 
4firearm parts that could
be assembled to make an operable 
5firearm. The court may, as part of that warrant, direct the law 
6enforcement agency to search the respondent's residence and 
7other places where the court finds there is probable cause to 
8believe he or she is likely to possess the firearms, 
9ammunition, and firearm parts that could
be assembled to make 
10an operable firearm. A return of the search warrant shall be 
11filed by the law enforcement agency within 4 days thereafter, 
12setting forth the time, date, and location that the search 
13warrant was executed and what items, if any, were seized. 
14 (h) A one-year 6-month firearms restraining order shall 
15require:
16  (1) the respondent to refrain from having in his or 
17 her custody or control, purchasing, possessing, or 
18 receiving additional firearms, ammunition, and firearm 
19 parts that could
be assembled to make an operable firearm 
20 for the duration of the order under Section 8.2 of the 
21 Firearm Owners Identification Card Act; and
22  (2) the respondent to comply with Section 9.5 of the 
23 Firearm Owners Identification Card Act and subsection (g) 
24 of Section 70 of the Firearm Concealed Carry Act.
25 (i) Except as otherwise provided in subsection (i-5) of 
26this Section, upon expiration of the period of safekeeping, if 
 
 
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1the firearms, ammunition, and firearm parts that could
be 
2assembled to make an operable firearm or Firearm Owner's 
3Identification Card cannot be returned to the respondent 
4because the respondent cannot be located, fails to respond to 
5requests to retrieve the firearms, ammunition, and firearm 
6parts that could
be assembled to make an operable firearm, or 
7is not lawfully eligible to possess a firearm, ammunition, and 
8firearm parts that could
be assembled to make an operable 
9firearm, upon petition from the local law enforcement agency, 
10the court may order the local law enforcement agency to 
11destroy the firearms, ammunition, and firearm parts that could 
12be assembled to make an operable firearm, use the firearms, 
13ammunition, and firearm parts that could
be assembled to make 
14an operable firearm for training purposes, or use the 
15firearms, ammunition, and firearm parts that could
be 
16assembled to make an operable firearm for any other 
17application as deemed appropriate by the local law enforcement 
18agency.
19 (i-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 (i-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 removed 
25 from the respondent's custody, control, or possession and 
26 the lawful owner agrees to store the firearm, ammunition, 
 
 
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1 and firearm parts that could
be assembled to make an 
2 operable firearm in a manner such that the respondent does 
3 not have access to or control of the firearm, ammunition, 
4 and firearm parts that could
be assembled to make an 
5 operable firearm; and
6  (2) the firearm,
ammunition, and firearm parts that 
7 could be assembled to make
an operable firearm are 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 (j) If the court does not issue a firearms restraining 
23order at the hearing, the court shall dissolve any emergency 
24firearms restraining order then in effect.
25 (k) When the court issues a firearms restraining order 
26under this Section, the court shall inform the respondent that 
 
 
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1he or she is entitled to one hearing during the period of the 
2order to request a termination of the order, under Section 45 
3of this Act, and shall provide the respondent with a form to 
4request a hearing. 

5 (l) A firearms restraining order issued under this 
6subsection shall also include an order to surrender firearms, 
7ammunition, and firearm parts that could be assembled to make 
8an operable firearm. The order to surrender firearms, 
9ammunition, and firearm parts that could be assembled to make 
10an operable firearm shall require the respondent to surrender 
11all firearms, ammunition, and firearm parts that could be 
12assembled to make an operable firearm on the day the 
13respondent is served with the firearms restraining order. Upon 
14the respondent surrendering all firearms, ammunition, and 
15firearm parts that could be assembled to make an operable 
16firearm to the appropriate law enforcement agency, the law 
17enforcement agency shall provide a statement of receipt of any 
18and all firearms, ammunition, or firearm parts that could be 
19assembled to make an operable firearm with a description of 
20any and all firearms, ammunition, or firearm parts that could 
21be assembled to make an operable firearm surrendered, to the 
22respondent and the court. This statement of receipt shall be 
23considered proof of compliance with a firearms restraining 
24order and may be presented as proof at a hearing.
25 The failure to surrender any firearm within 24 hours to 
26the appropriate law enforcement agency under an order to 
 
 
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1surrender firearms under this subsection may constitute 
2contempt of court for the violation of the terms of the 
3firearms restraining order.
4 Within 30 days after the effective date of this amendatory 
5Act of the 102nd General Assembly, the Supreme Court may adopt 
6a form for an order to surrender firearms and update any 
7existing forms for a firearms restraining order to reflect the 
8changes made by this amendatory Act of the 102nd General 
9Assembly. The form for an order to surrender firearms shall 
10also include forms for a declaration of surrender of firearms, 
11proof of surrender, declaration of nonsurrender, and order to 
12release firearms.
13 (m) After issuing a firearms restraining order under this 
14Section, the court shall hold a hearing within 3 days to 
15determine whether the respondent is complying with the 
16firearms restraining order. If compliance has already been 
17established and the disposition record is on file with the 
18court, the court may waive the compliance hearing. Nothing in 
19this subsection shall preclude the court from setting 
20additional compliance hearings. 
21(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
22102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff. 
235-13-22.)

24 (430 ILCS 67/45)
25 Sec. 45. Termination and renewal.

 
 
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1 (a) A person subject to a firearms restraining order 
2issued under this Act may submit one written request at any 
3time during the effective period of the order for a hearing to 
4terminate the order.
5  (1) The respondent shall have the burden of proving by 
6 a preponderance of the evidence that the respondent does 
7 not pose a danger of causing personal injury to himself, 
8 herself, or another in the near future by having in his or 
9 her custody or control, purchasing, possessing, or 
10 receiving a firearm, ammunition, and firearm parts that 
11 could
be assembled to make an operable firearm.
12  (2) If the court finds after the hearing that the 
13 respondent has met his or her burden, the court shall 
14 terminate the order.

15 (b) A petitioner may request a renewal of a firearms 
16restraining order at any time within the 3 months before the 
17expiration of a firearms restraining order.
18  (1) A court shall, after notice and a hearing, renew a 
19 firearms restraining order issued under this part if the 
20 petitioner proves, by clear and convincing evidence, that 
21 the respondent continues to pose a danger of causing 
22 personal injury to himself, herself, or another in the 
23 near future by having in his or her custody or control, 
24 purchasing, possessing, or receiving a firearm, 
25 ammunition, and firearm parts that could be assembled to 
26 make an operable firearm.
 
 
HB5859- 50 -LRB102 29985 RLC 42168 b


1  (2) In determining whether to renew a firearms 
2 restraining order issued under this Act, the court shall 
3 consider evidence of the facts identified in subsection 
4 (e) of Section 40 of this Act and any other evidence of an 
5 increased risk for violence. 
6  (3) At the hearing, the petitioner shall have the 
7 burden of proving by clear and convincing evidence that 
8 the respondent continues to pose a danger of causing 
9 personal injury to himself, herself, or another in the 
10 near future by having in his or her custody or control, 
11 purchasing, possessing, or receiving a firearm, 
12 ammunition, and firearm parts that could be assembled to 
13 make an operable firearm.
14  (4) The renewal of a firearms restraining order issued 
15 under this Section shall be in effect for one year 6 
16 months, subject to termination by further order of the 
17 court at a hearing held under this Section and further 
18 renewal by further order of the court under this Section.

19(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

20 (430 ILCS 67/50)

21 Sec. 50. Notice of orders.

22 (a) Entry and issuance. Upon issuance of any firearms 
23restraining order, the clerk shall immediately, or on the next 
24court day if an emergency firearms restraining order is issued 
25in accordance with Section 35 of this Act (emergency firearms 
 
 
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1restraining order): (i) enter the order on the record and file 
2it in accordance with the circuit court procedures and (ii) 
3provide a file-stamped file stamped copy of the order to the 
4respondent, if present, and to the petitioner.

5 (b) Filing with sheriff. The clerk of the issuing judge 
6shall, or the petitioner may, on the same day that a firearms 
7restraining order is issued, file a file-stamped certified 
8copy of that order with the sheriff or other law enforcement 
9officials charged with maintaining Illinois State Police 
10records or charged with serving the order upon the respondent. 
11If the order was issued in accordance with Section 35 of this 
12Act (emergency firearms restraining order), the clerk shall, 
13on the next court day, file a file-stamped certified copy of 
14the order with the sheriff or other law enforcement officials 
15charged with maintaining Illinois State Police records.

16 (c) Service by sheriff. Unless the respondent was present 
17in court when the order was issued, the sheriff or other law 
18enforcement official shall promptly serve that order upon the 
19respondent and file proof of the service, in the manner 
20provided for service of process in civil proceedings. Instead 
21of serving the order upon the respondent, however, the 
22sheriff, other law enforcement official, or other persons 
23defined in Section 112A-22.10 of the Code of Criminal 
24Procedure of 1963 may serve the respondent with a short form 
25notification as provided in that Section. If process has not 
26yet been served upon the respondent, it shall be served with 
 
 
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1the order or short form notification if the service is made by 
2the sheriff, or other law enforcement official.
3 (d) Any order renewing or terminating any firearms 
4restraining order shall be promptly recorded, issued, and 
5served as provided in this Section.

6(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

7 (430 ILCS 67/55)

8 Sec. 55. Data maintenance by law enforcement agencies.

9 (a) All sheriffs shall furnish to the Illinois State 
10Police, daily, in the form and detail the Illinois State 
11Police Department requires, copies of any recorded firearms 
12restraining orders issued by the court, and any foreign orders 
13of protection filed by the clerk of the court, and transmitted 
14to the sheriff by the clerk of the court under Section 50. Each 
15firearms restraining order shall be entered in the Law 
16Enforcement Agencies Data System (LEADS) on the same day it is 
17issued by the court. If an emergency firearms restraining 
18order was issued in accordance with Section 35 of this Act, the 
19order shall be entered in the Law Enforcement Agencies Data 
20System (LEADS) as soon as possible after receipt from the 
21clerk.
22 (b) The Illinois State Police shall maintain a complete 
23and systematic record and index of all valid and recorded 
24firearms restraining orders issued or filed under this Act. 
25The data shall be used to inform all dispatchers and law 
 
 
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1enforcement officers at the scene of a violation of a firearms 
2restraining order of the effective dates and terms of any 
3recorded order of protection.

4 (c) The data, records, and transmittals required under 
5this Section shall pertain to any valid emergency or one-year 
66-month firearms restraining order, whether issued in a civil 
7or criminal proceeding or authorized under the laws of another 
8state, tribe, or United States territory.


9(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)

10 (430 ILCS 67/57 new)
11 Sec. 57. Educational brochure; law enforcement agencies. 
12The Illinois State Police may disseminate educational 
13brochures containing information regarding firearms 
14restraining orders created by the Attorney General's office 
15and other materials concerning firearms restraining orders 
16created by the Department of Public Health to any law 
17enforcement agency in this State, who may in turn disseminate 
18the brochure to persons as the law enforcement agency 
19determines. 

20 (430 ILCS 67/57.5 new)
21 Sec. 57.5. Firearms restraining order training. The 
22Attorney General, or another appropriate entity, may develop 
23and offer training to judges, State's Attorneys, Assistant 
24State's Attorneys, victims' advocates, and clerks of the 
 
 
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1circuit court. The training shall include information 
2concerning how to understand when both an order of protection 
3and a firearms restraining order are appropriate remedies or 
4when only an order of protection is sufficient.

5 (430 ILCS 67/58 new)
6 Sec. 58. Centralized State database; Department of Public 
7Health. Within 6 months after the effective date of this 
8amendatory Act of the 102nd General Assembly, the Department 
9of Public Health shall create, in coordination with the 
10Department of Human Services' Office of Firearm Violence 
11Prevention, a centralized State database to provide access to 
12data regarding firearms restraining orders for research and 
13policy purposes. The database shall include, but shall not be 
14limited to, all of the following information:
15  (1) Information regarding the petitioner for each 
16 case, including, but not limited to, all of the following:
17   (A) The relationship of the petitioner to the 
18 respondent.
19   (B) The type of petitioner as identified under 
20 Section 5.
21   (C) The demographic information of the petitioner, 
22 including the petitioner's age, gender identity, and 
23 racial or ethnic identity.
24   (D) For law enforcement petitioners, the specific 
25 law enforcement agency or department.
 
 
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1  (2) Information regarding the respondent for each 
2 case, including, but not limited to, all of the following:
3   (A) The demographic information of the respondent, 
4 including the respondent's age, gender identity, and 
5 racial or ethnic identity.
6   (B) Whether the respondent is or has been a 
7 respondent to any current or previous order of 
8 protection issued under the Illinois Domestic Violence 
9 Act of 1986, firearms restraining order issued under 
10 this Act, protective order issued under Article 112A 
11 of the Code of Criminal Procedure of 1963, stalking no 
12 contact order issued under the Stalking No Contact 
13 Order Act, or civil no contact order issued under the 
14 Civil No Contact Order Act.
15   (C) Whether the respondent is a suspect or 
16 defendant in a criminal matter at the time the 
17 petition is filed.
18  (3) Information regarding the firearms restraining 
19 order and the conditions surrounding it, including, but 
20 not limited to, all of the following:
21   (A) The city and county where a petition is filed, 
22 the date a petition is filed, and the date that a 
23 firearms restraining order is issued.
24   (B) The expiration date of the petition.
25   (C) Whether the respondent is alleged in the 
26 petition to pose a clear and present danger of causing 
 
 
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1 personal injury only to himself or herself, only to 
2 another, or to both himself or herself and another.
3   (D) A brief synopsis of the events precipitating 
4 and giving rise to the petition.
5   (E) The eventual legal outcome of a petition, 
6 including:
7    (i) whether an emergency firearms restraining 
8 order was granted, denied, or renewed under 
9 Section 35 and the reasons for the determination;
10    (ii) whether a one-year firearms restraining 
11 order was granted, denied, or renewed under 
12 Section 40 and the reasons for the determination;
13    (iii) whether the case surrounding the 
14 petition was dismissed and, if so, the reasons for 
15 the dismissal; and
16    (iv) whether the respondent contested the 
17 issuance of a firearms restraining order.
18   (F) Whether a respondent was served with notice of 
19 a firearms restraining order and, if so, the date he or 
20 she was served.
21   (G) Whether the respondent was arrested, 
22 hospitalized, or referred for psychiatric services for 
23 the respondent's actions leading to the petition.
24   (H) Whether a search warrant was issued to 
25 determine whether the respondent had in his or her 
26 custody or control, purchased, possessed, or received 
 
 
HB5859- 57 -LRB102 29985 RLC 42168 b


1 any firearms or ammunition or firearm parts that could 
2 be assembled to make an operable firearm.
3  (4) Information regarding any firearms at issue, 
4 including, but not limited to, all of the following:
5   (A) The number and type of firearms in the 
6 respondent's possession or that are accessible to the 
7 respondent.
8   (B) The number and type of firearms recovered, 
9 seized, or transferred from the respondent as a result 
10 of a petition.
11   (C) The number of possible firearms in the 
12 respondent's possession or that are accessible to the 
13 respondent and that are unaccounted for.
14   (D) Whether a respondent complied with a firearms 
15 restraining order issued under this Act.
16 The information in the database shall be public, but 
17information disclosed to the public from the database shall 
18not contain any personal identifying information. 

19 (430 ILCS 67/60)

20 Sec. 60. Filing of a firearms restraining order issued by 
21another state.

22 (a) A person who has sought a firearms restraining order 
23or similar order to temporarily remove firearms issued by the 
24court of another state, tribe, or United States territory may 
25file a file-stamped certified copy of the firearms restraining 
 
 
HB5859- 58 -LRB102 29985 RLC 42168 b


1order with the clerk of the court in a judicial circuit in 
2which the person believes that enforcement may be necessary.

3 (b) The clerk shall:

4  (1) treat the foreign firearms restraining order in 
5 the same manner as a judgment of the circuit court for any 
6 county of this State in accordance with the provisions of 
7 the Uniform Enforcement of Foreign Judgments Act, except 
8 that the clerk shall not mail notice of the filing of the 
9 foreign order to the respondent named in the order; and
10  (2) on the same day that a foreign firearms 
11 restraining order is filed, file a file-stamped certified 
12 copy of that order with the sheriff in the county in which 
13 it is filed or other law enforcement officials charged 
14 with maintaining Illinois State Police records as set 
15 forth in Section 55 of this Act.
16 (c) Neither residence in this State nor filing of a 
17foreign firearms restraining order shall be required for 
18enforcement of the order by this State. Failure to file the 
19foreign order shall not be an impediment to its treatment in 
20all respects as an Illinois firearms restraining order.
21 (d) The clerk shall not charge a fee to file a foreign 
22order of protection under this Section.


23(Source: P.A. 102-538, eff. 8-20-21.)

24 (430 ILCS 67/63 new)
25 Sec. 63. Office of Firearms Restraining Order 
 
 
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1Coordination. 
2 (a) Subject to appropriation from State and federal funds, 
3there is established within the Department of Human Services 
4the Office of Firearms Restraining Order Coordination. The 
5Office shall consist of a Director and 5 Coordinators, 
6appointed by the Secretary of Human Services. One Coordinator 
7shall be selected from each of the 5 Illinois Appellate Court 
8Districts and shall serve as a liaison between petitioners, 
9State's Attorney offices, and the courts within that Appellate 
10District in matters concerning firearms restraining orders. 
11The Department of Human Services shall adopt any rules it 
12deems necessary to implement this Section.
13 (b) Edward Byrne Memorial Justice Assistance Grant (JAG) 
14program funds received by the State of Illinois from the 
15federal government may be used to hire county Firearms 
16Restraining Order coordinators, train law enforcement and 
17other collaborators about implementing this Act, fund the 
18establishment and maintenance of the centralized State 
19database created under Section 58, including, but not limited 
20to, the collection of data and the hiring of personnel to 
21operate and maintain the database, and fund other methods of 
22implementation of this Act.

23 (430 ILCS 67/65)

24 Sec. 65. Enforcement; sanctions for violation of order.
 
25 (a) A respondent who knowingly violates a firearms 
 
 
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1restraining order is guilty of a Class A misdemeanor. 
2Prosecution for a violation of a firearms restraining order 
3shall not bar concurrent prosecution for any other crime, 
4including any crime that may have been committed at the time of 
5the violation of the firearms restraining order.

6 (b) The lawful owner of a firearm may not knowingly, 
7recklessly, or negligently allow the subject of a firearms 
8restraining order to access the firearms of the lawful owner. 
9The court may award a person aggrieved by a violation of this 
10subsection actual and punitive damages, as well as attorney's 
11fees and other costs. 

12(Source: P.A. 100-607, eff. 1-1-19.)

13 (430 ILCS 67/80)

14 Sec. 80. Expungement or sealing of order. If the court 
15denies issuance of a firearms restraining order against the 
16respondent, all records of the proceeding shall be immediately 
17expunged from the court records. If the firearms restraining 
18order is granted, all records of the proceeding shall, 3 years 
19after the expiration of the order, be sealed.

20(Source: P.A. 100-607, eff. 1-1-19.)


21 Section 30. The Illinois Vehicle Code is amended by 
22changing Section 3-415 as follows:




23 (625 ILCS 5/3-415) (from Ch. 95 1/2, par. 3-415)


 
 
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1 Sec. 3-415. Application for and renewal of registration. 
2 (a) Calendar
year. Application for renewal of a vehicle 
3registration shall be made by
the owner, as to those vehicles 
4required to be registered on a calendar
registration year, not 
5later than December 1 of each year, upon proper
application

6and by payment of the registration fee and tax for such 
7vehicle, as provided
by law except that application for 
8renewal of a vehicle registration, as
to those vehicles 
9required to be registered on a staggered calendar year
basis, 
10shall be made by the owner in the form and manner prescribed by 
11the
Secretary of State.

12 (b) Fiscal year. Application for renewal of a vehicle

13registration shall be made by the owner, as to those vehicles

14required to be registered on a fiscal registration year, not

15later than June 1 of each year, upon proper application and by

16payment of the registration fee and tax for such vehicle as

17provided by law, except that application for renewal of a 
18vehicle registration,
as to those vehicles required to be 
19registered on a staggered fiscal year
basis, shall be made by 
20the owner in the form and manner prescribed by the
Secretary of 
21State.

22 (c) Two calendar years. Application for renewal of a 
23vehicle
registration shall be made by the owner, as to those 
24vehicles
required to be registered for 2 calendar years, not 
25later than
December 1 of the year preceding commencement of 
26the 2-year
registration period, except that application for 
 
 
HB5859- 62 -LRB102 29985 RLC 42168 b


1renewal of a vehicle
registration, as to those vehicles 
2required to be registered for 2 years
on a staggered 
3registration basis, shall be made by the owner in the form
and 
4manner prescribed by the Secretary of State.

5 (d) Two fiscal years. Application for renewal of a vehicle

6registration shall be made by the owner, as to those vehicles

7required to be registered for 2 fiscal years, not later than

8June 1 immediately preceding commencement of the 2-year

9registration period, except that application for renewal of a 
10vehicle
registration, as to those vehicles required to be 
11registered for 2 fiscal
years on a staggered registration 
12basis, shall be made by the owner in the
form and manner 
13prescribed by the Secretary of State.

14 (d-5) Three calendar years. Application for renewal of a 
15vehicle
registration shall be made by the owner, as to those 
16vehicles
required to be registered for 3 calendar years, not 
17later than
December 1 of the year preceding commencement of 
18the 3-year
registration period. 
19 (d-10) Five calendar years. Application for renewal of a 
20vehicle registration shall be made by the owner, as to those 
21vehicles required to be registered for 5 calendar years, not 
22later than December 1 of the year preceding commencement of 
23the 5-year registration period. 
24 (e) Time of application. The Secretary of State may 
25receive
applications for renewal of registration and grant the 
26same
and issue new registration cards and plates or 
 
 
HB5859- 63 -LRB102 29985 RLC 42168 b


1registration
stickers at any time prior to expiration of 
2registration.
No person shall display upon a vehicle, the new 
3registration
plates or registration stickers prior to the 
4dates the Secretary of State
in his discretion
may select.

5 (f) Verification. The Secretary of State may further

6require, as to vehicles for-hire, that applications be

7accompanied by verification that fees due under the Illinois

8Motor Carrier of Property Law, as amended, have been paid.

9 (g) (Blank). 
10 (h) Returning combat mission veterans. Beginning in 
11registration year 2017, the application for renewal, and 
12subsequent fees, of a vehicle registration for a member of the 
13active-duty or reserve component of the United States Armed 
14Forces returning from a combat mission shall not be required 
15for that service member's next scheduled renewal. Proof of 
16combat mission service shall come from the service member's 
17hostile fire pay or imminent danger pay documentation received 
18any time in the 12 months preceding the registration renewal. 
19Nothing in this subsection is applicable to the additional 
20fees incurred by specialty, personalized, or vanity license 
21plates. 
22 (i) If an applicant for renewal of motor vehicle 
23registration is ordered to surrender the applicant's Firearm 
24Owner's Identification Card, firearms, and firearm ammunition 
25to a law enforcement agency under the Illinois Domestic 
26Violence Act of 1986, Article 112A of the Code of Criminal 
 
 
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1Procedure of 1963, the Firearm Owners Identification Card Act, 
2or the Firearms Restraining Order Act and fails to complete 
3the transfer at the time of application for renewal of 
4registration, the Secretary of State shall not renew the 
5registration until the applicant fully complies with the 
6order. Upon the court finding that the respondent is not in 
7compliance with an order to surrender the applicant's Firearm 
8Owner's Identification Card, firearms, and firearm ammunition 
9to a law enforcement agency under the Illinois Domestic 
10Violence Act of 1986, Article 112A of the Code of Criminal 
11Procedure of 1963, the Firearm Owners Identification Card Act, 
12or the Firearms Restraining Order Act, the circuit court shall 
13report to the Secretary of State, on a form prescribed by the 
14Secretary, the respondent's noncompliance. If the respondent 
15complies with the order, the circuit court shall make a 
16similar report to the Secretary within 3 days of the 
17respondent's compliance.
18 (j) The Secretary of State shall not renew the motor 
19vehicle registration of any person with a revoked Firearm 
20Owner's Identification Card or a revoked concealed carry 
21license who has not surrendered the person's firearms to a law 
22enforcement agency as provided in the Illinois Domestic 
23Violence Act of 1986, Article 112A of the Code of Criminal 
24Procedure of 1963, the Firearm Owners Identification Card Act, 
25or the Firearms Restraining Order Act. 
26(Source: P.A. 98-539, eff. 1-1-14; 98-787, eff. 7-25-14; 
 
 
HB5859- 65 -LRB102 29985 RLC 42168 b


199-32, eff. 7-10-15; 99-80, eff. 1-1-16; 99-642, eff. 
27-28-16.)


3 Section 95. No acceleration or delay. Where this Act makes 
4changes in a statute that is represented in this Act by text 
5that is not yet or no longer in effect (for example, a Section 
6represented by multiple versions), the use of that text does 
7not accelerate or delay the taking effect of (i) the changes 
8made by this Act or (ii) provisions derived from any other 
9Public Act.

10 Section 97. Severability. The provisions of this Act are 
11severable under Section 1.31 of the Statute on Statutes.

12 Section 99. Effective date. This Act takes effect upon 
13becoming law.

 
 
HB5859- 66 -LRB102 29985 RLC 42168 b


1
INDEX

2
Statutes amended in order of appearance