HB1092 Enrolled LRB102 03106 RLC 13119 b
1		AN ACT concerning criminal law.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Department of Public Health Powers and
5		Duties Law of the Civil Administrative Code of Illinois is
6		amended by adding Section 2310-705 as follows:
7		(20 ILCS 2310/2310-705 new)
8		Sec. 2310-705. Firearms restraining order awareness.
9		(a) The Department, subject to appropriation or other
10		available funding, shall conduct a program to promote
11		awareness of firearms restraining orders to the general
12		public. The program may include, but is not limited to:
13		(1) dissemination of information, either online or
14		with an in-person pamphlet, of the options people have to
15		seek assistance using a firearms restraining order and the
16		process in which to file one;
17		(2) production of materials that can be given to
18		health care workers that assist in identifying people who
19		may benefit from awareness of the Firearms Restraining
20		Order Act; and
21		(3) specific information on situations in which a
22		firearms restraining order may be appropriate such as with
23		situations of domestic violence, mental health crisis, or

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1		anyone who is at risk of injuring themselves or others.
2		(b) Beginning July 1, 2022, the program must include the
3		development and dissemination, through print, digital, and
4		broadcast media, of public service announcements that
5		publicize the firearms restraining order.
6		Section 10. The Department of State Police Law of the
7		Civil Administrative Code of Illinois is amended by adding
8		Section 2605-51 as follows:
9		(20 ILCS 2605/2605-51 new)
10		Sec. 2605-51. Commission on implementing the Firearms
11		Restraining Order Act.
12		(a) There is created the Commission on Implementing the
13		Firearms Restraining Order Act composed of at least 12 members
14		to advise on the strategies of education and implementation of
15		the Firearms Restraining Order Act. The Commission shall be
16		appointed by the Director of the Illinois State Police or his
17		or her designee and shall include a liaison or representative
18		nominated from the following:
19		(1) the Office of the Attorney General, appointed by
20		the Attorney General;
21		(2) the Director of the Illinois State Police or his
22		or her designee;
23		(3) at least 3 State's Attorneys, nominated by the
24		Director of the Office of the State's Attorneys Appellate

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1		Prosecutor;
2		(4) at least 2 municipal police department
3		representatives, nominated by the Illinois Association of
4		Chiefs of Police;
5		(5) an Illinois sheriff, nominated by the Illinois
6		Sheriffs' Association;
7		(6) the Director of Public Health or his or her
8		designee;
9		(7) the Illinois Law Enforcement Training Standards
10		Board, nominated by the Executive Director of the Board;
11		(8) a representative from a public defender's office,
12		nominated by the State Appellate Defender;
13		(9) a circuit court judge, nominated by the Chief
14		Justice of the Supreme Court;
15		(10) a prosecutor with experience managing or
16		directing a program in another state where the
17		implementation of that state's extreme risk protection
18		order law has achieved high rates of petition filings
19		nominated by the National District Attorneys Association;
20		and
21		(11) an expert from law enforcement who has experience
22		managing or directing a program in another state where the
23		implementation of that state's extreme risk protection
24		order law has achieved high rates of petition filings
25		nominated by the Director of the Illinois State Police.
26		(b) The Commission shall be chaired by the Director of the

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1		Illinois State Police or his or her designee. The Commission
2		shall meet, either virtually or in person, to discuss the
3		implementation of the Firearms Restraining Order Act as
4		determined by the Commission while the strategies are being
5		established.
6		(c) The members of the Commission shall serve without
7		compensation and shall serve 3-year terms.
8		(d) An annual report shall be submitted to the General
9		Assembly by the Commission that may include summary
10		information about firearms restraining order use by county,
11		challenges to Firearms Restraining Order Act implementation,
12		and recommendations for increasing and improving
13		implementation.
14		(e) The Commission shall develop a model policy with an
15		overall framework for the timely relinquishment of firearms
16		whenever a firearms restraining order is issued. The model
17		policy shall be finalized within the first 4 months of
18		convening. In formulating the model policy, the Commission
19		shall consult counties in Illinois and other states with
20		extreme risk protection order laws which have achieved a high
21		rate of petition filings. Once approved, the Illinois State
22		Police shall work with their local law enforcement agencies
23		within their county to design a comprehensive strategy for the
24		timely relinquishment of firearms, using the model policy as
25		an overall framework. Each individual agency may make small
26		modifications as needed to the model policy and must approve

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1		and adopt a policy that aligns with the model policy. The
2		Illinois State Police shall convene local police chiefs and
3		sheriffs within their county as needed to discuss the
4		relinquishment of firearms.
5		(f) The Commission shall be dissolved 3 years after the
6		effective date of this amendatory Act of the 102nd General
7		Assembly.
8		(g) This Section is repealed 4 years after the effective
9		date of this amendatory Act of the 102nd General Assembly.
10		Section 15. The Illinois Police Training Act is amended by
11		changing Section 7 and by adding Section 7.1 as follows:
12		(50 ILCS 705/7) (from Ch. 85, par. 507)
13		Sec. 7. Rules and standards for schools. The Board shall
14		adopt rules and minimum standards for such schools which shall
15		include, but not be limited to, the following:
16		a. The curriculum for probationary police officers
17		which shall be offered by all certified schools shall
18		include, but not be limited to, courses of procedural
19		justice, arrest and use and control tactics, search and
20		seizure, including temporary questioning, civil rights,
21		human rights, human relations, cultural competency,
22		including implicit bias and racial and ethnic sensitivity,
23		criminal law, law of criminal procedure, constitutional
24		and proper use of law enforcement authority, vehicle and

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1		traffic law including uniform and non-discriminatory
2		enforcement of the Illinois Vehicle Code, traffic control
3		and accident investigation, techniques of obtaining
4		physical evidence, court testimonies, statements, reports,
5		firearms training, training in the use of electronic
6		control devices, including the psychological and
7		physiological effects of the use of those devices on
8		humans, first-aid (including cardiopulmonary
9		resuscitation), training in the administration of opioid
10		antagonists as defined in paragraph (1) of subsection (e)
11		of Section 5-23 of the Substance Use Disorder Act,
12		handling of juvenile offenders, recognition of mental
13		conditions and crises, including, but not limited to, the
14		disease of addiction, which require immediate assistance
15		and response and methods to safeguard and provide
16		assistance to a person in need of mental treatment,
17		recognition of abuse, neglect, financial exploitation, and
18		self-neglect of adults with disabilities and older adults,
19		as defined in Section 2 of the Adult Protective Services
20		Act, crimes against the elderly, law of evidence, the
21		hazards of high-speed police vehicle chases with an
22		emphasis on alternatives to the high-speed chase, and
23		physical training. The curriculum shall include specific
24		training in techniques for immediate response to and
25		investigation of cases of domestic violence and of sexual
26		assault of adults and children, including cultural

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1		perceptions and common myths of sexual assault and sexual
2		abuse as well as interview techniques that are age
3		sensitive and are trauma informed, victim centered, and
4		victim sensitive. The curriculum shall include training in
5		techniques designed to promote effective communication at
6		the initial contact with crime victims and ways to
7		comprehensively explain to victims and witnesses their
8		rights under the Rights of Crime Victims and Witnesses Act
9		and the Crime Victims Compensation Act. The curriculum
10		shall also include training in effective recognition of
11		and responses to stress, trauma, and post-traumatic stress
12		experienced by police officers that is consistent with
13		Section 25 of the Illinois Mental Health First Aid
14		Training Act in a peer setting, including recognizing
15		signs and symptoms of work-related cumulative stress,
16		issues that may lead to suicide, and solutions for
17		intervention with peer support resources. The curriculum
18		shall include a block of instruction addressing the
19		mandatory reporting requirements under the Abused and
20		Neglected Child Reporting Act. The curriculum shall also
21		include a block of instruction aimed at identifying and
22		interacting with persons with autism and other
23		developmental or physical disabilities, reducing barriers
24		to reporting crimes against persons with autism, and
25		addressing the unique challenges presented by cases
26		involving victims or witnesses with autism and other

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1		developmental disabilities. The curriculum shall include
2		training in the detection and investigation of all forms
3		of human trafficking. The curriculum shall also include
4		instruction in trauma-informed responses designed to
5		ensure the physical safety and well-being of a child of an
6		arrested parent or immediate family member; this
7		instruction must include, but is not limited to: (1)
8		understanding the trauma experienced by the child while
9		maintaining the integrity of the arrest and safety of
10		officers, suspects, and other involved individuals; (2)
11		de-escalation tactics that would include the use of force
12		when reasonably necessary; and (3) inquiring whether a
13		child will require supervision and care. The curriculum
14		for permanent police officers shall include, but not be
15		limited to: (1) refresher and in-service training in any
16		of the courses listed above in this subparagraph, (2)
17		advanced courses in any of the subjects listed above in
18		this subparagraph, (3) training for supervisory personnel,
19		and (4) specialized training in subjects and fields to be
20		selected by the board. The training in the use of
21		electronic control devices shall be conducted for
22		probationary police officers, including University police
23		officers. The curriculum shall also include training on
24		the use of a firearms restraining order by providing
25		instruction on the process used to file a firearms
26		restraining order and how to identify situations in which

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1		a firearms restraining order is appropriate.
2		b. Minimum courses of study, attendance requirements
3		and equipment requirements.
4		c. Minimum requirements for instructors.
5		d. Minimum basic training requirements, which a
6		probationary police officer must satisfactorily complete
7		before being eligible for permanent employment as a local
8		law enforcement officer for a participating local
9		governmental agency. Those requirements shall include
10		training in first aid (including cardiopulmonary
11		resuscitation).
12		e. Minimum basic training requirements, which a
13		probationary county corrections officer must
14		satisfactorily complete before being eligible for
15		permanent employment as a county corrections officer for a
16		participating local governmental agency.
17		f. Minimum basic training requirements which a
18		probationary court security officer must satisfactorily
19		complete before being eligible for permanent employment as
20		a court security officer for a participating local
21		governmental agency. The Board shall establish those
22		training requirements which it considers appropriate for
23		court security officers and shall certify schools to
24		conduct that training.
25		A person hired to serve as a court security officer
26		must obtain from the Board a certificate (i) attesting to

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1		his or her successful completion of the training course;
2		(ii) attesting to his or her satisfactory completion of a
3		training program of similar content and number of hours
4		that has been found acceptable by the Board under the
5		provisions of this Act; or (iii) attesting to the Board's
6		determination that the training course is unnecessary
7		because of the person's extensive prior law enforcement
8		experience.
9		Individuals who currently serve as court security
10		officers shall be deemed qualified to continue to serve in
11		that capacity so long as they are certified as provided by
12		this Act within 24 months of June 1, 1997 (the effective
13		date of Public Act 89-685). Failure to be so certified,
14		absent a waiver from the Board, shall cause the officer to
15		forfeit his or her position.
16		All individuals hired as court security officers on or
17		after June 1, 1997 (the effective date of Public Act
18		89-685) shall be certified within 12 months of the date of
19		their hire, unless a waiver has been obtained by the
20		Board, or they shall forfeit their positions.
21		The Sheriff's Merit Commission, if one exists, or the
22		Sheriff's Office if there is no Sheriff's Merit
23		Commission, shall maintain a list of all individuals who
24		have filed applications to become court security officers
25		and who meet the eligibility requirements established
26		under this Act. Either the Sheriff's Merit Commission, or

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1		the Sheriff's Office if no Sheriff's Merit Commission
2		exists, shall establish a schedule of reasonable intervals
3		for verification of the applicants' qualifications under
4		this Act and as established by the Board.
5		g. Minimum in-service training requirements, which a
6		police officer must satisfactorily complete every 3 years.
7		Those requirements shall include constitutional and proper
8		use of law enforcement authority, procedural justice,
9		civil rights, human rights, mental health awareness and
10		response, officer wellness, reporting child abuse and
11		neglect, and cultural competency.
12		h. Minimum in-service training requirements, which a
13		police officer must satisfactorily complete at least
14		annually. Those requirements shall include law updates and
15		use of force training which shall include scenario based
16		training, or similar training approved by the Board.
17		(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
18		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
19		1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
20		eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
21		101-564, eff. 1-1-20; revised 9-10-19.)"; and
22		(50 ILCS 705/7.1 new)
23		Sec. 7.1. Firearms restraining order training.
24		(a) The Illinois Law Enforcement Training Standards Board
25		shall develop and approve a standard curriculum for a training

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1		program on the Firearms Restraining Order Act. The Board shall
2		conduct a training program that trains officers on the use of
3		firearms restraining orders, how to identify situations in
4		which a firearms restraining order is appropriate, and how to
5		safely promote the usage of the firearms restraining order in
6		different situations. Officers who have successfully completed
7		this program shall be issued a certificate attesting to their
8		attendance.
9		(b) Every law enforcement officer shall complete this
10		training once each year.
11		(c) If adequate training is unavailable, the Illinois Law
12		Enforcement Training Standards Board may approve training to
13		be conducted by a third party.
14		Section 20. The Firearms Restraining Order Act is amended
15		by changing Sections 5, 10, 35, 40, and 45 and by adding
16		Section 85 as follows:
17		(430 ILCS 67/5)
18		Sec. 5. Definitions. As used in this Act:
19		"Family member of the respondent" means a spouse, former
20		spouse, person with whom the respondent has a minor child in
21		common, parent, child, or step-child of the respondent, any
22		other person related by blood or present marriage to the
23		respondent, or a person who shares a common dwelling with the
24		respondent.

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1		"Firearms restraining order" means an order issued by the
2		court, prohibiting and enjoining a named person from having in
3		his or her custody or control, purchasing, possessing, or
4		receiving any firearms or ammunition, or removing firearm
5		parts that could be assembled to make an operable firearm.
6		"Intimate partner" means a spouse, former spouse, a person
7		with whom the respondent has or allegedly has a child in
8		common, or a person with whom the respondent has or has had a
9		dating or engagement relationship.
10		"Petitioner" means:
11		(1) a family member of the respondent as defined in
12		this Act; or
13		(2) a law enforcement officer who files a petition
14		alleging that the respondent poses a danger of causing
15		personal injury to himself, herself, or another by having
16		in his or her custody or control, purchasing, possessing,
17		or receiving a firearm, ammunition, or firearm parts that
18		could be assembled to make an operable firearm or removing
19		firearm parts that could be assembled to make an operable
20		firearm.
21		"Respondent" means the person alleged in the petition to
22		pose a danger of causing personal injury to himself, herself,
23		or another by having in his or her custody or control,
24		purchasing, possessing, or receiving a firearm, ammunition, or
25		firearm parts that could be assembled to make an operable
26		firearm or removing firearm parts that could be assembled to

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

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

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

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

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

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

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

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1		the firearm, ammunition, and firearm parts that could be
2		assembled to make an operable firearm in a manner that the
3		respondent does not have access to or control of the firearm,
4		ammunition, and firearm parts that could be assembled to make
5		an operable firearm.
6		(i) In accordance with subsection (e) of this Section, the
7		court shall schedule a full hearing as soon as possible, but no
8		longer than 14 days from the issuance of an ex parte firearms
9		restraining order, to determine if a 6-month firearms
10		restraining order shall be issued. The court may extend an ex
11		parte order as needed, but not to exceed 14 days, to effectuate
12		service of the order or if necessary to continue protection.
13		The court may extend the order for a greater length of time by
14		mutual agreement of the parties.
15		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
16		(430 ILCS 67/40)
17		Sec. 40. Six-month orders.
18		(a) A petitioner may request a 6-month firearms
19		restraining order by filing an affidavit or verified pleading
20		alleging that the respondent poses a significant danger of
21		causing personal injury to himself, herself, or another in the
22		near future by having in his or her custody or control,
23		purchasing, possessing, or receiving a firearm, ammunition,
24		and firearm parts that could be assembled to make an operable
25		firearm. The petition shall also describe the number, types,

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1		and locations of any firearms, ammunition, and firearm parts
2		that could be assembled to make an operable firearm presently
3		believed by the petitioner to be possessed or controlled by
4		the respondent.
5		(b) If the respondent is alleged to pose a significant
6		danger of causing personal injury to an intimate partner, or
7		an intimate partner is alleged to have been the target of a
8		threat or act of violence by the respondent, the petitioner
9		shall make a good faith effort to provide notice to any and all
10		intimate partners of the respondent. The notice must include
11		that the petitioner intends to petition the court for a
12		6-month firearms restraining order, and, if the petitioner is
13		a law enforcement officer, referral to relevant domestic
14		violence or stalking advocacy or counseling resources, if
15		appropriate. The petitioner shall attest to having provided
16		the notice in the filed affidavit or verified pleading. If,
17		after making a good faith effort, the petitioner is unable to
18		provide notice to any or all intimate partners, the affidavit
19		or verified pleading should describe what efforts were made.
20		(c) Every person who files a petition for a 6-month
21		firearms restraining order, knowing the information provided
22		to the court at any hearing or in the affidavit or verified
23		pleading to be false, is guilty of perjury under Section 32-2
24		of the Criminal Code of 2012.
25		(d) Upon receipt of a petition for a 6-month firearms
26		restraining order, the court shall order a hearing within 30

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1		days.
2		(e) In determining whether to issue a firearms restraining
3		order under this Section, the court shall consider evidence
4		including, but not limited to, the following:
5		(1) The unlawful and reckless use, display, or
6		brandishing of a firearm, ammunition, and firearm parts
7		that could be assembled to make an operable firearm by the
8		respondent.
9		(2) The history of use, attempted use, or threatened
10		use of physical force by the respondent against another
11		person.
12		(3) Any prior arrest of the respondent for a felony
13		offense.
14		(4) Evidence of the abuse of controlled substances or
15		alcohol by the respondent.
16		(5) A recent threat of violence or act of violence by
17		the respondent directed toward himself, herself, or
18		another.
19		(6) A violation of an emergency order of protection
20		issued under Section 217 of the Illinois Domestic Violence
21		Act of 1986 or Section 112A-17 of the Code of Criminal
22		Procedure of 1963 or of an order of protection issued
23		under Section 214 of the Illinois Domestic Violence Act of
24		1986 or Section 112A-14 of the Code of Criminal Procedure
25		of 1963.
26		(7) A pattern of violent acts or violent threats,

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1		including, but not limited to, threats of violence or acts
2		of violence by the respondent directed toward himself,
3		herself, or another.
4		(f) At the hearing, the petitioner shall have the burden
5		of proving, by clear and convincing evidence, that the
6		respondent poses a significant danger of personal injury to
7		himself, herself, or another by having in his or her custody or
8		control, purchasing, possessing, or receiving a firearm,
9		ammunition, and firearm parts that could be assembled to make
10		an operable firearm.
11		(g) If the court finds that there is clear and convincing
12		evidence to issue a firearms restraining order, the court
13		shall issue a firearms restraining order that shall be in
14		effect for 6 months subject to renewal under Section 45 of this
15		Act or termination under that Section.
16		(g-5) If the court issues a 6-month firearms restraining
17		order, it shall, upon a finding of probable cause that the
18		respondent possesses firearms, ammunition, and firearm parts
19		that could be assembled to make an operable firearm, issue a
20		search warrant directing a law enforcement agency to seize the
21		respondent's firearms, ammunition, and firearm parts that
22		could be assembled to make an operable firearm. The court may,
23		as part of that warrant, direct the law enforcement agency to
24		search the respondent's residence and other places where the
25		court finds there is probable cause to believe he or she is
26		likely to possess the firearms, ammunition, and firearm parts

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

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

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

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1		firearm, ammunition, and firearm parts that could be
2		assembled to make an operable firearm in a manner such
3		that the respondent does not have access to or control of
4		the firearm, ammunition, and firearm parts that could be
5		assembled to make an operable firearm; and
6		(2) the firearm, ammunition, and firearm parts that
7		could be assembled to make an operable firearm are is not
8		otherwise unlawfully possessed by the owner.
9		The person petitioning for the return of his or her
10		firearm, ammunition, and firearm parts that could be assembled
11		to make an operable firearm must swear or affirm by affidavit
12		that he or she: (i) is the lawful owner of the firearm,
13		ammunition, and firearm parts that could be assembled to make
14		an operable firearm; (ii) shall not transfer the firearm,
15		ammunition, and firearm parts that could be assembled to make
16		an operable firearm to the respondent; and (iii) will store
17		the firearm, ammunition, and firearm parts that could be
18		assembled to make an operable firearm in a manner that the
19		respondent does not have access to or control of the firearm,
20		ammunition, and firearm parts that could be assembled to make
21		an operable firearm.
22		(j) If the court does not issue a firearms restraining
23		order at the hearing, the court shall dissolve any emergency
24		firearms restraining order then in effect.
25		(k) When the court issues a firearms restraining order
26		under this Section, the court shall inform the respondent that

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

HB1092 Enrolled - 30 - LRB102 03106 RLC 13119 b
1		firearms restraining order issued under this part if the
2		petitioner proves, by clear and convincing evidence, that
3		the respondent continues to pose a danger of causing
4		personal injury to himself, herself, or another in the
5		near future by having in his or her custody or control,
6		purchasing, possessing, or receiving a firearm,
7		ammunition, and firearm parts that could be assembled to
8		make an operable firearm.
9		(2) In determining whether to renew a firearms
10		restraining order issued under this Act, the court shall
11		consider evidence of the facts identified in subsection
12		(e) of Section 40 of this Act and any other evidence of an
13		increased risk for violence.
14		(3) At the hearing, the petitioner shall have the
15		burden of proving by clear and convincing evidence that
16		the respondent continues to pose a danger of causing
17		personal injury to himself, herself, or another in the
18		near future by having in his or her custody or control,
19		purchasing, possessing, or receiving a firearm,
20		ammunition, and firearm parts that could be assembled to
21		make an operable firearm.
22		(4) The renewal of a firearms restraining order issued
23		under this Section shall be in effect for 6 months,
24		subject to termination by further order of the court at a
25		hearing held under this Section and further renewal by
26		further order of the court under this Section.

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1		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
2		(430 ILCS 67/85 new)
3		Sec. 85. Report to the General Assembly. The Illinois
4		State Police shall submit a yearly report to the General
5		Assembly or make available on its website the number of
6		petitions entered into the Law Enforcement Agencies Data
7		System.