103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2770

Introduced , by Rep. Kevin John Olickal

SYNOPSIS AS INTRODUCED:

See Index

Creates the Microstamping Funding Program Act. Provides that the State shall establish a grant program for law enforcement officers for microstamp-ready firearms. Provides that the grant program shall be administered by the Illinois Criminal Justice Information Authority. Provides for the administration of the program. Amends the School Code. Requires school boards to develop a trauma response protocol that shall be implemented in response to a traumatic event at a school, including, but not limited to, a shooting at the school. Sets forth various requirements for the protocol, including response by hospitals, trauma intervention services, and community engagement. Provides that all moneys in the Trauma Response Fund shall be paid as grants to school districts to implement the trauma response protocol. 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. Amends the Developmental Disability and Mental Disability Services Act. Requires the Department of Human Services to establish family centers throughout the

State to provide
counseling and mental health services to families who are

indigent. Amends the Firearm Owners Identification Card Act. Provides that each local law enforcement agency shall issue a firearm permit to an applicant who seeks the purchase of a firearm to verify the identity of the purchaser and shall complete a full criminal background check of the applicant that includes obtaining fingerprints from the prospective firearm purchaser. Provides that each local law enforcement agency shall keep records of those permits and make them available to the Illinois State Police through the Law Enforcement Agencies Data System (LEADS). Amends various other Acts to make conforming changes. Effective immediately.

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A BILL FOR

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1 AN ACT concerning microstamping.

2 Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4 Article 1.

5 Section 1-1. Short title. This Article may be cited as the

6 Microstamping Funding Program Act.References in this Article

7 to "this Act" mean this Article.

8 Section 1-5. Legislative findings. The General Assembly

9 finds that:

10 Law enforcement makes an arrest in only 35% of firearm

11 homicides and 21% of firearm assaults when the victim was

12 Black or Hispanic. Microstamping is a powerful crime-solving

13 tool that can help law enforcement quickly solve gun crimes.

14 Microstamping is a reliable ballistics identification tool,

15 and can greatly enhance traditional ballistics analysis and

16 the current National Integrated Ballistics Information Network

17 (NIBIN) system by providing a direct link between a spent

18 cartridge case and a firearm.

19 The leads generated from fired cartridge cases, bearing

20 microstamps found at crime scenes, have the potential to help

21 law enforcement solve gun-related crimes while limiting

22 negative interactions with law enforcement, especially in

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1 minority communities. While this crime-solving technology

2 exists, firearm manufacturers have not yet produced

3 microstamp-ready firearms.

4 It behooves the State to install a program in partnership

5 with law enforcement to bring microstamp-ready firearms into

6 use in Illinois.

7 Section 1-10. Definitions. In this Act:

8 "CGIC" means the Crime Gun Intelligence Center.

9 "Microstamp-ready" means that the firearm is capable of

10 producing a unique alphanumeric or geometric code on at least

11 one location on each expended cartridge case that can be used

12 to identify the make, model, and serial number of the firearm.

13 "Microstamping component or mechanism" means a component

14 or mechanism of a firearm or an insertable component or

15 mechanism designed and intended to produce a unique

16 alphanumeric or geometric code on an expended cartridge that

17 identifies the make, model, and serial number of the firearm.

18 "NIBIN" means the National Integrated Ballistic

19 Information Network.

20 Section 1-15. Grants for microstamp-ready firearms or

21 insertable microstamping components or mechanisms, or both.

22 (a) There is created in the State treasury the

23 Microstamp-ready Firearms Fund to be administered by the

24 Illinois Criminal Justice Information Authority for the

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1 purpose of issuing grants to law enforcement agencies to

2 purchase or replenish microstamp-ready firearms or insertable

3 microstamping components or mechanisms to be installed in

4 firearms, or both, for their officers.

5 (b) Subject to appropriation, the State Comptroller shall

6 transfer from the General Revenue Fund to the Microstamp-ready

7 Firearms Fund $500,000 to establish a grant program for

8 microstamp-ready firearms in Illinois. The program shall

9 award:

10 (1) Replenishment grants: grants between $35,000 and

11 $50,000, for the replenishment of new microstamp-ready

12 firearms or insertable microstamping components or

13 mechanisms, or both, for their law enforcement officers.

14 One of these grants shall be for a State law enforcement

15 agency, and the other 3 shall be for 3 municipal law

16 enforcement agencies of municipalities with a population

17 between 50,000 and 200,000 that purchase firearms for

18 their officers through a quartermaster system, in which

19 the quartermaster is responsible for the purchase,

20 inventory, and dissemination of uniforms and equipment to

21 officers.

22 (2) New officer grants: grants between $5,000 to

23 $20,000 to law enforcement agencies of municipalities with

24 a population between 30,000 and 200,000 to assist with the

25 purchase of firearms by new officers.

26 (c) Nothing in this Act prohibits State or municipal law

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1 enforcement agencies from purchasing or replenishing

2 microstamp-ready firearms or insertable microstamping

3 components or mechanisms, or both, for their law enforcement

4 officers from funding sources independent of the provisions of

5 this Act.

6 Section 1-20. Administration and restrictions. The grant

7 program shall be administered by the Illinois Criminal Justice

8 Information Authority and the grant funds shall only be used

9 for the purchase of microstamp-ready firearms or microstamping

10 components or mechanisms, or both, to be installed in firearms

11 by law enforcement agencies that are grant recipients.

12 Section 1-25. Education and training. Education and

13 training associated with microstamp-ready firearms, and

14 integration with the NIBIN and CGIC centers in Illinois shall

15 be included in the program.

16 Section 1-30. Grant application and participation. The

17 Illinois Criminal Justice Information Authority shall

18 establish the objectives and provide direction for the

19 program's grant application process, by which qualified law

20 enforcement agencies can apply to receive funds for

21 microstamp-ready firearms or insertable microstamping

22 components or mechanisms, or both, for use by their officers.

23 Law enforcement agencies participating in the grant program

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1 must have their officers using the microstamp-ready firearms

2 or insertable microstamping components or mechanisms, or both,

3 as soon as they are delivered. The Illinois Criminal Justice

4 Information Authority must establish the grant program and

5 post the Notice of Funding Opportunity no later than September

6 1, 2024.

7 All grants under this program must be awarded by June 30,

8 2023.

9 Law enforcement agencies that have been awarded funds must

10 use the funds within one year of receipt or the funds shall be

11 returned to the State treasury to be deposited into the

12 General Revenue Fund. Funds are only to be used for the

13 purchase of microstamp-ready firearms or insertable

14 microstamping components or mechanisms to be installed in

15 firearms.

16 Section 1-35. Data collection. The Illinois Criminal

17 Justice Information Authority shall collect data from each

18 grant recipient, including but not limited to: the number of

19 microstamp-ready firearms or insertable microstamping

20 components or mechanisms, or both, purchased, manufacturer,

21 number of officers using the microstamp-ready firearms, and

22 the number of microstamp-ready firearms that are discharged in

23 the first year of use.

24 Section 1-90. The Illinois Administrative Procedure Act is

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1 amended by adding Section 5-45.38 as follows:

2 (5 ILCS 100/5-45.38 new)

3 Sec. 5-45.38. Emergency rulemaking; Illinois Criminal

4 Justice Information Authority. To provide for the expeditious

5 and timely implementation of the Microstamping Funding Program

6 Act, emergency rules implementing the Microstamping Funding

7 Program Act may be adopted in accordance with Section 5-45 by

8 the Illinois Criminal Justice Information Authority. The

9 adoption of emergency rules authorized by Section 5-45 and

10 this Section is deemed to be necessary for the public

11 interest, safety, and welfare.

12 This Section is repealed one year after the effective date

13 of this amendatory Act of the 103rd General Assembly.

14 Section 1-95. The State Finance Act is amended by adding

15 Section 5.990 as follows:

16 (30 ILCS 105/5.990 new)

17 Sec. 5.990. The Microstamp-ready Firearms Fund.

18 Article 2.

19 Section 2-5. The State Finance Act is amended by adding

20 Section 5.991 as follows:

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1 (30 ILCS 105/5.991 new)

2 Sec. 5.991. The Trauma Response Fund.

3 Section 2-10. The School Code is amended by adding

4 Sections 10-20.82 and 34-18.77 as follows:

5 (105 ILCS 5/10-20.82 new)

6 Sec. 10-20.82. Trauma response protocol.

7 (a) Each school board shall develop a trauma response

8 protocol that shall be implemented in response to a traumatic

9 event at a school, including, but not limited to, a shooting at

10 the school. The trauma response protocol shall include, but is

11 not limited to, the following:

12 (1) As soon as practicable after the traumatic

13 incident triggering the implementation of the trauma

14 response protocol and after the scene is secured by law

15 enforcement, the hospital nearest to the scene of the

16 traumatic incident shall send mental health first

17 responders to the school. Survivors of the shooting shall

18 be offered immediate grief and trauma-based counseling.

19 With respect to the requirements of this paragraph, the

20 school board shall establish an agreement with each nearby

21 hospital, and shall designate which hospital is considered

22 to be nearest to each school.

23 (2) Within 5 calendar days after a traumatic incident

24 triggering the implementation of the trauma response

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1 protocol, the school or school district shall make

2 available trauma intervention services for the survivors

3 of the incident and others who may be impacted by the

4 incident. In areas with frequent gun violence, additional

5 psycho-emotional support services shall be developed that

6 include, but are not limited to, group counseling,

7 peer-to-peer support, and other measures. With respect to

8 the requirements of this paragraph, school districts may

9 partner with local community groups to implement these

10 requirements.

11 (3) School boards shall develop a plan of community

12 engagement and, if necessary, to recruit volunteers from

13 the communities experiencing gun violence. School boards

14 may partner with community members, the faith-based

15 community, and other organizations to engage in the

16 recruitment efforts.

17 (b) The Trauma Response Fund is created as a special fund

18 in the State treasury. All moneys in the Fund shall be paid,

19 subject to appropriation by the General Assembly and

20 distribution by the State Board of Education, as grants to

21 school districts to implement trauma response protocols under

22 this Section and Section 34-18.77.

23 (105 ILCS 5/34-18.77 new)

24 Sec. 34-18.77. Trauma response protocol. The board shall

25 develop a trauma response protocol that shall be implemented

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1 in response to a traumatic event at a school, including, but

2 not limited to, a shooting at the school. The trauma response

3 protocol shall include, but is not limited to, the following:

4 (1) As soon as practicable after the traumatic

5 incident triggering the implementation of the trauma

6 response protocol and after the scene is secured by law

7 enforcement, the hospital nearest to the scene of the

8 traumatic incident shall send mental health first

9 responders to the school. Survivors of the shooting shall

10 be offered immediate grief and trauma-based counseling.

11 With respect to the requirements of this paragraph, the

12 board shall establish an agreement with each nearby

13 hospital, and shall designate which hospital is considered

14 to be nearest to each school.

15 (2) Within 5 calendar days after a traumatic incident

16 triggering the implementation of the trauma response

17 protocol, the school or the board shall make available

18 trauma intervention services for the survivors of the

19 incident and others who may be impacted by the incident.

20 In areas with frequent gun violence, additional

21 psycho-emotional support services shall be developed that

22 include, but are not limited to, group counseling,

23 peer-to-peer support, and other measures. With respect to

24 the requirements of this paragraph, the board may partner

25 with local community groups to implement these

26 requirements.

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1 (3) The board shall develop a plan of community

2 engagement and, if necessary, to recruit volunteers from

3 the communities experiencing gun violence. The board may

4 partner with community members, the faith-based community,

5 and other organizations to engage in the recruitment

6 efforts.

7 Section 2-15. The University of Illinois Hospital Act is

8 amended by adding Section 15 as follows:

9 (110 ILCS 330/15 new)

10 Sec. 15. School trauma response protocol. The University

11 of Illinois Hospital shall, pursuant to paragraph (1) of

12 Section 10-20.82 or paragraph (1) of Section 34-18.77 of the

13 School Code, as applicable, establish agreements with school

14 districts in the development of a trauma response protocol.

15 Section 2-20. The Hospital Licensing Act is amended by

16 adding Section 6.34 as follows:

17 (210 ILCS 85/6.34 new)

18 Sec. 6.34. School trauma response protocol. Every hospital

19 shall, pursuant to paragraph (1) of Section 10-20.82 or

20 paragraph (1) of Section 34-18.77 of the School Code, as

21 applicable, establish agreements with school districts in the

22 development of a trauma response protocol.

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1 Section 2-25. The Mental Health and Developmental

2 Disabilities Code is amended by changing Section 6-103.3 as

3 follows:

4 (405 ILCS 5/6-103.3)

5 Sec. 6-103.3. Clear and present danger; notice.

6 (a) If a person is determined to pose a clear and present

7 danger to himself, herself, or to others by a physician,

8 clinical psychologist, or qualified examiner, whether employed

9 by the State, by any public or private mental health facility

10 or part thereof, or by a law enforcement official or a school

11 administrator, then the physician, clinical psychologist,

12 qualified examiner shall notify the Department of Human

13 Services and a law enforcement official or school

14 administrator shall notify the Illinois State Police, within

15 24 hours of making the determination that the person poses a

16 clear and present danger. The Department of Human Services

17 shall immediately update its records and information relating

18 to mental health and developmental disabilities, and if

19 appropriate, shall notify the Illinois State Police in a form

20 and manner prescribed by the Illinois State Police. If a

21 person has been determined to pose a clear and present danger

22 under this subsection, the physician, clinical psychologist,

23 or qualified examiner shall determine whether to file an

24 action under the Firearms Restraining Order Act naming that

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1 person as the respondent.

2 (b) Information disclosed under this Section shall remain

3 privileged and confidential, and shall not be redisclosed,

4 except as required under subsection (e) of Section 3.1 of the

5 Firearm Owners Identification Card Act or for the purpose of

6 an action under the Firearms Restraining Order Act, nor used

7 for any other purpose. The method of providing this

8 information shall guarantee that the information is not

9 released beyond that which is necessary for the purposes

10 provided by ~~purpose of~~ this Section and shall be provided by

11 rule by the Department of Human Services. The identity of the

12 person reporting under this Section shall not be disclosed to

13 the subject of the report. The physician, clinical

14 psychologist, qualified examiner, law enforcement official, or

15 school administrator making the determination and his or her

16 employer shall not be held criminally, civilly, or

17 professionally liable for making or not making the

18 notification required under this Section, except for willful

19 or wanton misconduct. This Section does not apply to a law

20 enforcement official, if making the notification under this

21 Section will interfere with an ongoing or pending criminal

22 investigation.

23 (c) For the purposes of this Section:

24 "Clear and present danger" has the meaning ascribed to

25 it in Section 1.1 of the Firearm Owners Identification

26 Card Act.

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1 "Determined to pose a clear and present danger to

2 himself, herself, or to others by a physician, clinical

3 psychologist, or qualified examiner" means in the

4 professional opinion of the physician, clinical

5 psychologist, or qualified examiner, a person poses a

6 clear and present danger.

7 "School administrator" means the person required to

8 report under the School Administrator Reporting of Mental

9 Health Clear and Present Danger Determinations Law.

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

11 Section 2-30. The Developmental Disability and Mental

12 Disability Services Act is by adding Section 7-5 as follows:

13 (405 ILCS 80/7-5 new)

14 Sec. 7-5. Mental health services for indigent families.

15 The Department of Human Services shall establish family

16 centers throughout this State to provide counseling and mental

17 health services to families who are indigent based on any

18 behavior or mental health condition as determined by

19 Department rule. The Department shall employ or contract with

20 psychiatrists, clinical psychologists, clinical social

21 workers, and licensed marriage and family therapists to

22 provide those services.

23 Section 2-35. The Firearm Owners Identification Card Act

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1 is amended by changing Sections 3 and 8.1 and by adding Section

2 3.4 as follows:

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

4 (Text of Section before amendment by P.A. 102-237)

5 Sec. 3. (a) Except as provided in Section 3a, no person may

6 knowingly transfer, or cause to be transferred, any firearm,

7 firearm ammunition, stun gun, or taser to any person within

8 this State unless the transferee with whom he deals displays

9 either: (1) a currently valid Firearm Owner's Identification

10 Card which has previously been issued in his or her name by the

11 Illinois State Police under the provisions of this Act; or (2)

12 a currently valid license to carry a concealed firearm which

13 has previously been issued in his or her name by the Illinois

14 State Police under the Firearm Concealed Carry Act. In

15 addition, all firearm, stun gun, and taser transfers by

16 federally licensed firearm dealers are subject to Section 3.1.

17 (a-1) Before a person purchases or receives a firearm from

18 a federally licensed firearm dealer, the person must display

19 to the dealer of the firearm a permit to purchase or receive

20 the firearm issued by the local law enforcement agency under

21 Section 3.4.

22 (a-5) Any person who is not a federally licensed firearm

23 dealer and who desires to transfer or sell a firearm while that

24 person is on the grounds of a gun show must, before selling or

25 transferring the firearm, request the Illinois State Police to

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1 conduct a background check on the prospective recipient of the

2 firearm in accordance with Section 3.1.

3 (a-10) Notwithstanding item (2) of subsection (a) of this

4 Section, any person who is not a federally licensed firearm

5 dealer and who desires to transfer or sell a firearm or

6 firearms to any person who is not a federally licensed firearm

7 dealer shall, before selling or transferring the firearms,

8 contact a federal firearm license dealer under paragraph (1)

9 of subsection (a-15) of this Section to conduct the transfer

10 or the Illinois State Police with the transferee's or

11 purchaser's Firearm Owner's Identification Card number to

12 determine the validity of the transferee's or purchaser's

13 Firearm Owner's Identification Card under State and federal

14 law including the National Instant Criminal Background Check

15 System. This subsection shall not be effective until July 1,

16 2023. Until that date the transferor shall contact the

17 Illinois State Police with the transferee's or purchaser's

18 Firearm Owner's Identification Card number to determine the

19 validity of the card. The Illinois State Police may adopt

20 rules concerning the implementation of this subsection. The

21 Illinois State Police shall provide the seller or transferor

22 an approval number if the purchaser's Firearm Owner's

23 Identification Card is valid. Approvals issued by the Illinois

24 State Police for the purchase of a firearm pursuant to this

25 subsection are valid for 30 days from the date of issue.

26 (a-15) The provisions of subsection (a-10) of this Section

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1 do not apply to:

2 (1) transfers that occur at the place of business of a

3 federally licensed firearm dealer, if the federally

4 licensed firearm dealer conducts a background check on the

5 prospective recipient of the firearm in accordance with

6 Section 3.1 of this Act and follows all other applicable

7 federal, State, and local laws as if he or she were the

8 seller or transferor of the firearm, although the dealer

9 is not required to accept the firearm into his or her

10 inventory. The purchaser or transferee may be required by

11 the federally licensed firearm dealer to pay a fee not to

12 exceed $25 per firearm, which the dealer may retain as

13 compensation for performing the functions required under

14 this paragraph, plus the applicable fees authorized by

15 Section 3.1;

16 (2) transfers as a bona fide gift to the transferor's

17 husband, wife, son, daughter, stepson, stepdaughter,

18 father, mother, stepfather, stepmother, brother, sister,

19 nephew, niece, uncle, aunt, grandfather, grandmother,

20 grandson, granddaughter, father-in-law, mother-in-law,

21 son-in-law, or daughter-in-law;

22 (3) transfers by persons acting pursuant to operation

23 of law or a court order;

24 (4) transfers on the grounds of a gun show under

25 subsection (a-5) of this Section;

26 (5) the delivery of a firearm by its owner to a

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1 gunsmith for service or repair, the return of the firearm

2 to its owner by the gunsmith, or the delivery of a firearm

3 by a gunsmith to a federally licensed firearms dealer for

4 service or repair and the return of the firearm to the

5 gunsmith;

6 (6) temporary transfers that occur while in the home

7 of the unlicensed transferee, if the unlicensed transferee

8 is not otherwise prohibited from possessing firearms and

9 the unlicensed transferee reasonably believes that

10 possession of the firearm is necessary to prevent imminent

11 death or great bodily harm to the unlicensed transferee;

12 (7) transfers to a law enforcement or corrections

13 agency or a law enforcement or corrections officer acting

14 within the course and scope of his or her official duties;

15 (8) transfers of firearms that have been rendered

16 permanently inoperable to a nonprofit historical society,

17 museum, or institutional collection; and

18 (9) transfers to a person who is exempt from the

19 requirement of possessing a Firearm Owner's Identification

20 Card under Section 2 of this Act.

21 (a-20) The Illinois State Police shall develop an

22 Internet-based system for individuals to determine the

23 validity of a Firearm Owner's Identification Card prior to the

24 sale or transfer of a firearm. The Illinois State Police shall

25 have the Internet-based system updated and available for use

26 by January 1, 2024. The Illinois State Police shall adopt

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1 rules not inconsistent with this Section to implement this

2 system, but no rule shall allow the Illinois State Police to

3 retain records in contravention of State and federal law.

4 (a-25) On or before January 1, 2022, the Illinois State

5 Police shall develop an Internet-based system upon which the

6 serial numbers of firearms that have been reported stolen are

7 available for public access for individuals to ensure any

8 firearms are not reported stolen prior to the sale or transfer

9 of a firearm under this Section. The Illinois State Police

10 shall have the Internet-based system completed and available

11 for use by July 1, 2022. The Illinois State Police shall adopt

12 rules not inconsistent with this Section to implement this

13 system.

14 (b) Any person within this State who transfers or causes

15 to be transferred any firearm, stun gun, or taser shall keep a

16 record of such transfer for a period of 10 years from the date

17 of transfer. Any person within this State who receives any

18 firearm, stun gun, or taser pursuant to subsection (a-10)

19 shall provide a record of the transfer within 10 days of the

20 transfer to a federally licensed firearm dealer and shall not

21 be required to maintain a transfer record. The federally

22 licensed firearm dealer shall maintain the transfer record for

23 20 years from the date of receipt. A federally licensed

24 firearm dealer may charge a fee not to exceed $25 to retain the

25 record. The record shall be provided and maintained in either

26 an electronic or paper format. The federally licensed firearm

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1 dealer shall not be liable for the accuracy of any information

2 in the transfer record submitted pursuant to this Section.

3 Such records shall contain the date of the transfer; the

4 description, serial number or other information identifying

5 the firearm, stun gun, or taser if no serial number is

6 available; and, if the transfer was completed within this

7 State, the transferee's Firearm Owner's Identification Card

8 number and any approval number or documentation provided by

9 the Illinois State Police pursuant to subsection (a-10) of

10 this Section; if the transfer was not completed within this

11 State, the record shall contain the name and address of the

12 transferee. On or after January 1, 2006, the record shall

13 contain the date of application for transfer of the firearm.

14 On demand of a peace officer such transferor shall produce for

15 inspection such record of transfer. For any transfer pursuant

16 to subsection (a-10) of this Section, on the demand of a peace

17 officer, such transferee shall identify the federally licensed

18 firearm dealer maintaining the transfer record. If the

19 transfer or sale took place at a gun show, the record shall

20 include the unique identification number. Failure to record

21 the unique identification number or approval number is a petty

22 offense. For transfers of a firearm, stun gun, or taser made on

23 or after January 18, 2019 (the effective date of Public Act

24 100-1178), failure by the private seller to maintain the

25 transfer records in accordance with this Section, or failure

26 by a transferee pursuant to subsection a-10 of this Section to

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1 identify the federally licensed firearm dealer maintaining the

2 transfer record, is a Class A misdemeanor for the first

3 offense and a Class 4 felony for a second or subsequent offense

4 occurring within 10 years of the first offense and the second

5 offense was committed after conviction of the first offense.

6 Whenever any person who has not previously been convicted of

7 any violation of subsection (a-5), the court may grant

8 supervision pursuant to and consistent with the limitations of

9 Section 5-6-1 of the Unified Code of Corrections. A transferee

10 or transferor shall not be criminally liable under this

11 Section provided that he or she provides the Illinois State

12 Police with the transfer records in accordance with procedures

13 established by the Illinois State Police. The Illinois State

14 Police shall establish, by rule, a standard form on its

15 website.

16 (b-5) Any resident may purchase ammunition from a person

17 within or outside of Illinois if shipment is by United States

18 mail or by a private express carrier authorized by federal law

19 to ship ammunition. Any resident purchasing ammunition within

20 or outside the State of Illinois must provide the seller with a

21 copy of his or her valid Firearm Owner's Identification Card

22 or valid concealed carry license and either his or her

23 Illinois driver's license or Illinois State Identification

24 Card prior to the shipment of the ammunition. The ammunition

25 may be shipped only to an address on either of those 2

26 documents.

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1 (c) The provisions of this Section regarding the transfer

2 of firearm ammunition shall not apply to those persons

3 specified in paragraph (b) of Section 2 of this Act.

4 (Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;

5 102-1116, eff. 1-10-23.)

6 (Text of Section after amendment by P.A. 102-237)

7 Sec. 3. (a) Except as provided in Section 3a, no person may

8 knowingly transfer, or cause to be transferred, any firearm,

9 firearm ammunition, stun gun, or taser to any person within

10 this State unless the transferee with whom he deals displays

11 either: (1) a currently valid Firearm Owner's Identification

12 Card which has previously been issued in his or her name by the

13 Illinois State Police under the provisions of this Act; or (2)

14 a currently valid license to carry a concealed firearm which

15 has previously been issued in his or her name by the Illinois

16 State Police under the Firearm Concealed Carry Act. In

17 addition, all firearm, stun gun, and taser transfers by

18 federally licensed firearm dealers are subject to Section 3.1.

19 (a-1) Before a person purchases or receives a firearm from

20 a federally licensed firearm dealer, the person must display

21 to the dealer of the firearm a permit to purchase or receive

22 the firearm issued by the local law enforcement agency under

23 Section 3.4.

24 (a-5) Any person who is not a federally licensed firearm

25 dealer and who desires to transfer or sell a firearm while that

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1 person is on the grounds of a gun show must, before selling or

2 transferring the firearm, request the Illinois State Police to

3 conduct a background check on the prospective recipient of the

4 firearm in accordance with Section 3.1.

5 (a-10) Notwithstanding item (2) of subsection (a) of this

6 Section, any person who is not a federally licensed firearm

7 dealer and who desires to transfer or sell a firearm or

8 firearms to any person who is not a federally licensed firearm

9 dealer shall, before selling or transferring the firearms,

10 contact a federal firearm license dealer under paragraph (1)

11 of subsection (a-15) of this Section to conduct the transfer

12 or the Illinois State Police with the transferee's or

13 purchaser's Firearm Owner's Identification Card number to

14 determine the validity of the transferee's or purchaser's

15 Firearm Owner's Identification Card under State and federal

16 law, including the National Instant Criminal Background Check

17 System. This subsection shall not be effective until July 1,

18 2023. Until that date the transferor shall contact the

19 Illinois State Police with the transferee's or purchaser's

20 Firearm Owner's Identification Card number to determine the

21 validity of the card. The Illinois State Police may adopt

22 rules concerning the implementation of this subsection. The

23 Illinois State Police shall provide the seller or transferor

24 an approval number if the purchaser's Firearm Owner's

25 Identification Card is valid. Approvals issued by the Illinois

26 State Police for the purchase of a firearm pursuant to this

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1 subsection are valid for 30 days from the date of issue.

2 (a-15) The provisions of subsection (a-10) of this Section

3 do not apply to:

4 (1) transfers that occur at the place of business of a

5 federally licensed firearm dealer, if the federally

6 licensed firearm dealer conducts a background check on the

7 prospective recipient of the firearm in accordance with

8 Section 3.1 of this Act and follows all other applicable

9 federal, State, and local laws as if he or she were the

10 seller or transferor of the firearm, although the dealer

11 is not required to accept the firearm into his or her

12 inventory. The purchaser or transferee may be required by

13 the federally licensed firearm dealer to pay a fee not to

14 exceed $25 per firearm, which the dealer may retain as

15 compensation for performing the functions required under

16 this paragraph, plus the applicable fees authorized by

17 Section 3.1;

18 (2) transfers as a bona fide gift to the transferor's

19 husband, wife, son, daughter, stepson, stepdaughter,

20 father, mother, stepfather, stepmother, brother, sister,

21 nephew, niece, uncle, aunt, grandfather, grandmother,

22 grandson, granddaughter, father-in-law, mother-in-law,

23 son-in-law, or daughter-in-law;

24 (3) transfers by persons acting pursuant to operation

25 of law or a court order;

26 (4) transfers on the grounds of a gun show under

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1 subsection (a-5) of this Section;

2 (5) the delivery of a firearm by its owner to a

3 gunsmith for service or repair, the return of the firearm

4 to its owner by the gunsmith, or the delivery of a firearm

5 by a gunsmith to a federally licensed firearms dealer for

6 service or repair and the return of the firearm to the

7 gunsmith;

8 (6) temporary transfers that occur while in the home

9 of the unlicensed transferee, if the unlicensed transferee

10 is not otherwise prohibited from possessing firearms and

11 the unlicensed transferee reasonably believes that

12 possession of the firearm is necessary to prevent imminent

13 death or great bodily harm to the unlicensed transferee;

14 (7) transfers to a law enforcement or corrections

15 agency or a law enforcement or corrections officer acting

16 within the course and scope of his or her official duties;

17 (8) transfers of firearms that have been rendered

18 permanently inoperable to a nonprofit historical society,

19 museum, or institutional collection; and

20 (9) transfers to a person who is exempt from the

21 requirement of possessing a Firearm Owner's Identification

22 Card under Section 2 of this Act.

23 (a-20) The Illinois State Police shall develop an

24 Internet-based system for individuals to determine the

25 validity of a Firearm Owner's Identification Card prior to the

26 sale or transfer of a firearm. The Illinois State Police shall

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1 have the Internet-based system updated and available for use

2 by January 1, 2024. The Illinois State Police shall adopt

3 rules not inconsistent with this Section to implement this

4 system; but no rule shall allow the Illinois State Police to

5 retain records in contravention of State and federal law.

6 (a-25) On or before January 1, 2022, the Illinois State

7 Police shall develop an Internet-based system upon which the

8 serial numbers of firearms that have been reported stolen are

9 available for public access for individuals to ensure any

10 firearms are not reported stolen prior to the sale or transfer

11 of a firearm under this Section. The Illinois State Police

12 shall have the Internet-based system completed and available

13 for use by July 1, 2022. The Illinois State Police shall adopt

14 rules not inconsistent with this Section to implement this

15 system.

16 (b) Any person within this State who transfers or causes

17 to be transferred any firearm, stun gun, or taser shall keep a

18 record of such transfer for a period of 10 years from the date

19 of transfer. Any person within this State who receives any

20 firearm, stun gun, or taser pursuant to subsection (a-10)

21 shall provide a record of the transfer within 10 days of the

22 transfer to a federally licensed firearm dealer and shall not

23 be required to maintain a transfer record. The federally

24 licensed firearm dealer shall maintain the transfer record for

25 20 years from the date of receipt. A federally licensed

26 firearm dealer may charge a fee not to exceed $25 to retain the

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1 record. The record shall be provided and maintained in either

2 an electronic or paper format. The federally licensed firearm

3 dealer shall not be liable for the accuracy of any information

4 in the transfer record submitted pursuant to this Section.

5 Such records shall contain the date of the transfer; the

6 description, serial number or other information identifying

7 the firearm, stun gun, or taser if no serial number is

8 available; and, if the transfer was completed within this

9 State, the transferee's Firearm Owner's Identification Card

10 number and any approval number or documentation provided by

11 the Illinois State Police pursuant to subsection (a-10) of

12 this Section; if the transfer was not completed within this

13 State, the record shall contain the name and address of the

14 transferee. On or after January 1, 2006, the record shall

15 contain the date of application for transfer of the firearm.

16 On demand of a peace officer such transferor shall produce for

17 inspection such record of transfer. For any transfer pursuant

18 to subsection (a-10) of this Section, on the demand of a peace

19 officer, such transferee shall identify the federally licensed

20 firearm dealer maintaining the transfer record. If the

21 transfer or sale took place at a gun show, the record shall

22 include the unique identification number. Failure to record

23 the unique identification number or approval number is a petty

24 offense. For transfers of a firearm, stun gun, or taser made on

25 or after January 18, 2019 (the effective date of Public Act

26 100-1178), failure by the private seller to maintain the

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1 transfer records in accordance with this Section, or failure

2 by a transferee pursuant to subsection a-10 of this Section to

3 identify the federally licensed firearm dealer maintaining the

4 transfer record, is a Class A misdemeanor for the first

5 offense and a Class 4 felony for a second or subsequent offense

6 occurring within 10 years of the first offense and the second

7 offense was committed after conviction of the first offense.

8 Whenever any person who has not previously been convicted of

9 any violation of subsection (a-5), the court may grant

10 supervision pursuant to and consistent with the limitations of

11 Section 5-6-1 of the Unified Code of Corrections. A transferee

12 or transferor shall not be criminally liable under this

13 Section provided that he or she provides the Illinois State

14 Police with the transfer records in accordance with procedures

15 established by the Illinois State Police. The Illinois State

16 Police shall establish, by rule, a standard form on its

17 website.

18 (b-5) Any resident may purchase ammunition from a person

19 within or outside of Illinois if shipment is by United States

20 mail or by a private express carrier authorized by federal law

21 to ship ammunition. Any resident purchasing ammunition within

22 or outside the State of Illinois must provide the seller with a

23 copy of his or her valid Firearm Owner's Identification Card

24 or valid concealed carry license and either his or her

25 Illinois driver's license or Illinois State Identification

26 Card prior to the shipment of the ammunition. The ammunition

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1 may be shipped only to an address on either of those 2

2 documents.

3 (c) The provisions of this Section regarding the transfer

4 of firearm ammunition shall not apply to those persons

5 specified in paragraph (b) of Section 2 of this Act.

6 (Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;

7 102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)

8 (430 ILCS 65/3.4 new)

9 Sec. 3.4. Firearms transfers; permits.

10 (a) Notwithstanding any other law to the contrary, each

11 local law enforcement agency shall issue a firearm permit to

12 an applicant who seeks the purchase of a firearm to verify the

13 identity of the purchaser and shall complete a full criminal

14 background check of the applicant that includes obtaining

15 fingerprints from the prospective firearm purchaser. The

16 requirement that an applicant for a firearm submit a full set

17 of fingerprints before being issued a firearm permit applies

18 to the first issuance of a firearm permit under this

19 amendatory Act of the 103rd General Assembly. Subsequent

20 applications for firearm permits issued to an applicant do not

21 require the re-submission of the applicant's fingerprints.

22 (b) Each local law enforcement agency shall keep records

23 of those permits and make them available to the Illinois State

24 Police through the Law Enforcement Agencies Data System

25 (LEADS).

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1 (c) The duration of the permit shall be 10 days after its

2 issuance.

3 (d) The local law enforcement agency may deny a permit to

4 purchase a firearm to an applicant if the agency, in its

5 discretion, believes it is in the interest of public safety.

6 (e) Prior to the purchase of a firearm, a person must

7 submit the permit issued by the local law enforcement agency

8 to the dealer or transferor of the firearm.

9 (f) In this Section, "local law enforcement agency" means

10 the municipal police department of the municipality in which

11 the applicant for the firearm purchase resides, or if the

12 applicant resides in an unincorporated area, or if no

13 municipal police department exists in the applicant's

14 municipality of residence, then "local law enforcement agency"

15 means the office of the sheriff of the county of the

16 applicant's residence.

17 (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)

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

19 (a) The Circuit Clerk shall, in the form and manner

20 required by the Supreme Court, notify the Illinois State

21 Police of all final dispositions of cases for which the

22 Department has received information reported to it under

23 Sections 2.1 and 2.2 of the Criminal Identification Act.

24 (b) Upon adjudication of any individual as a person with a

25 mental disability as defined in Section 1.1 of this Act or a

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1 finding that a person has been involuntarily admitted, the

2 court shall direct the circuit court clerk to immediately

3 notify the Illinois State Police, Firearm Owner's

4 Identification (FOID) department, and shall forward a copy of

5 the court order to the Department.

6 (b-1) Beginning July 1, 2016, and each July 1 and December

7 30 of every year thereafter, the circuit court clerk shall, in

8 the form and manner prescribed by the Illinois State Police,

9 notify the Illinois State Police, Firearm Owner's

10 Identification (FOID) department if the court has not directed

11 the circuit court clerk to notify the Illinois State Police,

12 Firearm Owner's Identification (FOID) department under

13 subsection (b) of this Section, within the preceding 6 months,

14 because no person has been adjudicated as a person with a

15 mental disability by the court as defined in Section 1.1 of

16 this Act or if no person has been involuntarily admitted. The

17 Supreme Court may adopt any orders or rules necessary to

18 identify the persons who shall be reported to the Illinois

19 State Police under subsection (b), or any other orders or

20 rules necessary to implement the requirements of this Act.

21 (c) The Department of Human Services shall, in the form

22 and manner prescribed by the Illinois State Police, report all

23 information collected under subsection (b) of Section 12 of

24 the Mental Health and Developmental Disabilities

25 Confidentiality Act for the purpose of determining whether a

26 person who may be or may have been a patient in a mental health

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1 facility is disqualified under State or federal law from

2 receiving or retaining a Firearm Owner's Identification Card,

3 or purchasing a weapon.

4 (d) If a person is determined to pose a clear and present

5 danger to himself, herself, or to others:

6 (1) by a physician, clinical psychologist, or

7 qualified examiner, or is determined to have a

8 developmental disability by a physician, clinical

9 psychologist, or qualified examiner, whether employed by

10 the State or privately, then the physician, clinical

11 psychologist, or qualified examiner shall, within 24 hours

12 of making the determination, notify the Department of

13 Human Services that the person poses a clear and present

14 danger or has a developmental disability; or

15 (2) by a law enforcement official or school

16 administrator, then the law enforcement official or school

17 administrator shall, within 24 hours of making the

18 determination, notify the Illinois State Police that the

19 person poses a clear and present danger.

20 The Department of Human Services shall immediately update

21 its records and information relating to mental health and

22 developmental disabilities, and if appropriate, shall notify

23 the Illinois State Police in a form and manner prescribed by

24 the Illinois State Police. When the Illinois State Police is

25 notified pursuant to this subsection that a person has been

26 determined to pose a clear and present danger, the ~~The~~

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1 Illinois State Police shall determine whether to revoke the

2 person's Firearm Owner's Identification Card under Section 8

3 of this Act. The person reporting or alleging under this

4 subsection that another person poses a clear and present

5 danger to himself, herself, or to others shall determine

6 whether to file an action under the Firearms Restraining Order

7 Act naming that person as the respondent. Any information

8 disclosed under this subsection shall remain privileged and

9 confidential, and shall not be redisclosed, except as required

10 under subsection (e) of Section 3.1 of this Act or for the

11 purpose of an action under the Firearms Restraining Order Act,

12 nor used for any other purpose. The method of providing this

13 information shall guarantee that the information is not

14 released beyond what is necessary for the purposes provided by

15 ~~purpose of~~ this Section and shall be provided by rule by the

16 Department of Human Services. The identity of the person

17 reporting under this Section shall not be disclosed to the

18 subject of the report. The physician, clinical psychologist,

19 qualified examiner, law enforcement official, or school

20 administrator making the determination and his or her employer

21 shall not be held criminally, civilly, or professionally

22 liable for making or not making the notification required

23 under this subsection, except for willful or wanton

24 misconduct.

25 (e) The Illinois State Police shall adopt rules to

26 implement this Section.

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

2 Section 2-40. The Firearms Restraining Order Act is

3 amended by changing Sections 5, 10, and 40, and by adding

4 Sections 58 and 63 as follows:

5 (430 ILCS 67/5)

6 Sec. 5. Definitions.As used in this Act:

7 "Family member of the respondent" means a spouse, former

8 spouse, person with whom the respondent has a minor child in

9 common, parent, child, or step-child of the respondent, any

10 other person related by blood or present marriage to the

11 respondent, or a person who shares a common dwelling with the

12 respondent.

13 "Firearms restraining order" means an order issued by the

14 court, prohibiting and enjoining a named person from having in

15 his or her custody or control, purchasing, possessing, or

16 receiving any firearms or ammunition~~,~~ or ~~removing~~ firearm

17 parts that could be assembled to make an operable firearm.

18 "Intimate partner" means a spouse, former spouse, a person

19 with whom the respondent has or allegedly has a child in

20 common, or a person with whom the respondent has or has had a

21 dating or engagement relationship.

22 "Petitioner" means:

23 (1) a family member of the respondent as defined in

24 this Act; ~~or~~

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1 (2) a law enforcement officer who files a petition

2 alleging that the respondent poses a danger of causing

3 personal injury to himself, herself, or another by having

4 in his or her custody or control, purchasing, possessing,

5 or receiving a firearm, ammunition, or firearm parts that

6 could be assembled to make an operable firearm ~~or removing~~

7 ~~firearm parts that could be assembled to make an operable~~

8 ~~firearm~~ ; or ~~.~~

9 (3) a physician, psychologist, clinical social worker,

10 licensed clinical professional counselor, clinical nurse

11 specialist in psychiatric and mental health nursing,

12 psychiatric nurse practitioner, licensed marriage and

13 family therapist, or health officer or designee of a

14 health officer who has examined a respondent.

15 "Respondent" means the person alleged in the petition to

16 pose a danger of causing personal injury to himself, herself,

17 or another by having in his or her custody or control,

18 purchasing, possessing, or receiving a firearm, ammunition, or

19 firearm parts that could be assembled to make an operable

20 firearm ~~or removing firearm parts that could be assembled to~~

21 ~~make an operable firearm~~.

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

23 (430 ILCS 67/10)

24 Sec. 10. Commencement of action; procedure.

25 (a) An action for a firearms restraining order is

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1 commenced by filing a verified petition for a firearms

2 restraining order in any circuit court.

3 (b) A petition for a firearms restraining order may be

4 filed in: (1) any county where the respondent resides or (2)

5 any county where an incident occurred that involved the

6 respondent posing an immediate and present danger of causing

7 personal injury to the respondent or another by having in his

8 or her custody or control, or purchasing, possessing, or

9 receiving, a firearm, ammunition, or firearm parts that could

10 be assembled to make an operable firearm.A firearms

11 restraining order may be issued against any respondent,

12 including, but not limited to, a respondent who, at the time of

13 the filing of the petition for a firearms restraining order,

14 is under the age of 21, does not have a valid Firearm Owner's

15 Identification Card, or does not hold or have a right to

16 possess a firearm.

17 (c) No fee shall be charged by the clerk for filing,

18 amending, vacating, certifying, printing, or photocopying

19 petitions or orders; or for issuing alias summons; or for any

20 related filing service. No fee shall be charged by the sheriff

21 or other law enforcement for service by the sheriff or other

22 law enforcement of a petition, rule, motion, or order in an

23 action commenced under this Section.

24 (d) The court shall provide, through the office of the

25 clerk of the court, simplified forms and clerical assistance

26 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. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

4 (430 ILCS 67/40)

5 Sec. 40. Plenary orders.

6 (a) A petitioner may request a firearms restraining order

7 for up to one year by filing an affidavit or verified pleading

8 alleging that the respondent poses a significant danger of

9 causing 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, ammunition,

12 and firearm parts that could be assembled to make an operable

13 firearm. The petition shall also describe the number, types,

14 and locations of any firearms, ammunition, and firearm parts

15 that could be assembled to make an operable firearm presently

16 believed by the petitioner to be possessed or controlled by

17 the respondent. The firearms restraining order may be renewed

18 for an additional period of up to one year in accordance with

19 Section 45 of this Act.

20 (b) If the respondent is alleged to pose a significant

21 danger of causing personal injury to an intimate partner, or

22 an intimate partner is alleged to have been the target of a

23 threat or act of violence by the respondent, the petitioner

24 shall make a good faith effort to provide notice to any and all

25 intimate partners of the respondent. The notice must include

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1 the duration of time that the petitioner intends to petition

2 the court for a firearms restraining order, and, if the

3 petitioner is a law enforcement officer, referral to relevant

4 domestic violence or stalking advocacy or counseling

5 resources, if appropriate. The petitioner shall attest to

6 having provided the notice in the filed affidavit or verified

7 pleading. If, after making a good faith effort, the petitioner

8 is unable to provide notice to any or all intimate partners,

9 the affidavit or verified pleading should describe what

10 efforts were made.

11 (c) Every person who files a petition for a plenary

12 firearms restraining order, knowing the information provided

13 to the court at any hearing or in the affidavit or verified

14 pleading to be false, is guilty of perjury under Section 32-2

15 of the Criminal Code of 2012.

16 (d) Upon receipt of a petition for a plenary firearms

17 restraining order, the court shall order a hearing within 30

18 days.

19 (e) In determining whether to issue a firearms restraining

20 order under this Section, the court shall consider evidence

21 including, but not limited to, the following:

22 (1) The unlawful and reckless use, display, or

23 brandishing of a firearm, ammunition, and firearm parts

24 that could be assembled to make an operable firearm by the

25 respondent.

26 (2) The history of use, attempted use, or threatened

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1 use of physical force by the respondent against another

2 person.

3 (3) Any prior arrest of the respondent for a felony

4 offense.

5 (4) Evidence of the abuse of controlled substances or

6 alcohol by the respondent.

7 (5) A recent threat of violence or act of violence by

8 the respondent directed toward himself, herself, or

9 another.

10 (6) A violation of an emergency order of protection

11 issued under Section 217 of the Illinois Domestic Violence

12 Act of 1986 or Section 112A-17 of the Code of Criminal

13 Procedure of 1963 or of an order of protection issued

14 under Section 214 of the Illinois Domestic Violence Act of

15 1986 or Section 112A-14 of the Code of Criminal Procedure

16 of 1963.

17 (7) A pattern of violent acts or violent threats,

18 including, but not limited to, threats of violence or acts

19 of violence by the respondent directed toward himself,

20 herself, or another.

21 (f) At the hearing, the petitioner shall have the burden

22 of proving, by clear and convincing evidence, that the

23 respondent poses a significant danger of personal injury to

24 himself, herself, or another by having in his or her custody or

25 control, purchasing, possessing, or receiving a firearm,

26 ammunition, and firearm parts that could be assembled to make

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1 an operable firearm.

2 (g) If the court finds that there is clear and convincing

3 evidence to issue a plenary firearms restraining order, the

4 court shall issue a firearms restraining order that shall be

5 in effect for up to one year, but not less than 6 months,

6 subject to renewal under Section 45 of this Act or termination

7 under that Section.

8 (g-5) If the court issues a plenary firearms restraining

9 order, it shall, upon a finding of probable cause that the

10 respondent possesses firearms, ammunition, and firearm parts

11 that could be assembled to make an operable firearm, issue a

12 search warrant directing a law enforcement agency to seize the

13 respondent's firearms, ammunition, and firearm parts that

14 could be assembled to make an operable firearm. The court may,

15 as part of that warrant, direct the law enforcement agency to

16 search the respondent's residence and other places where the

17 court finds there is probable cause to believe he or she is

18 likely to possess the firearms, ammunition, and firearm parts

19 that could be assembled to make an operable firearm. A return

20 of the search warrant shall be filed by the law enforcement

21 agency within 4 days thereafter, setting forth the time, date,

22 and location that the search warrant was executed and what

23 items, if any, were seized.

24 (h) A plenary firearms restraining order shall require:

25 (1) the respondent to refrain from having in his or

26 her custody or control, purchasing, possessing, or

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1 receiving additional firearms, ammunition, and firearm

2 parts that could be assembled to make an operable firearm

3 for the duration of the order under Section 8.2 of the

4 Firearm Owners Identification Card Act; and

5 (2) the respondent to comply with Section 9.5 of the

6 Firearm Owners Identification Card Act and subsection (g)

7 of Section 70 of the Firearm Concealed Carry Act.

8 (i) Except as otherwise provided in subsection (i-5) of

9 this Section, upon expiration of the period of safekeeping, if

10 the firearms, ammunition, and firearm parts that could be

11 assembled to make an operable firearm or Firearm Owner's

12 Identification Card cannot be returned to the respondent

13 because the respondent cannot be located, fails to respond to

14 requests to retrieve the firearms, ammunition, and firearm

15 parts that could be assembled to make an operable firearm, or

16 is not lawfully eligible to possess a firearm, ammunition, and

17 firearm parts that could be assembled to make an operable

18 firearm, upon petition from the local law enforcement agency,

19 the court may order the local law enforcement agency to

20 destroy the firearms, ammunition, and firearm parts that could

21 be assembled to make an operable firearm, use the firearms,

22 ammunition, and firearm parts that could be assembled to make

23 an operable firearm for training purposes, or use the

24 firearms, ammunition, and firearm parts that could be

25 assembled to make an operable firearm for any other

26 application as deemed appropriate by the local law enforcement

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1 agency.

2 (i-5) A respondent whose Firearm Owner's Identification

3 Card has been revoked or suspended may petition the court, if

4 the petitioner is present in court or has notice of the

5 respondent's petition, to transfer the respondent's firearm,

6 ammunition, and firearm parts that could be assembled to make

7 an operable firearm to a person who is lawfully able to possess

8 the firearm, ammunition, and firearm parts that could be

9 assembled to make an operable firearm if the person does not

10 reside at the same address as the respondent. Notice of the

11 petition shall be served upon the person protected by the

12 emergency firearms restraining order. While the order is in

13 effect, the transferee who receives the respondent's firearms,

14 ammunition, and firearm parts that could be assembled to make

15 an operable firearm must swear or affirm by affidavit that he

16 or she shall not transfer the firearm, ammunition, and firearm

17 parts that could be assembled to make an operable firearm to

18 the respondent or to anyone residing in the same residence as

19 the respondent.

20 (i-6) If a person other than the respondent claims title

21 to any firearms, ammunition, and firearm parts that could be

22 assembled to make an operable firearm surrendered under this

23 Section, he or she may petition the court, if the petitioner is

24 present in court or has notice of the petition, to have the

25 firearm, ammunition, and firearm parts that could be assembled

26 to make an operable firearm returned to him or her. If the

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1 court determines that person to be the lawful owner of the

2 firearm, ammunition, and firearm parts that could be assembled

3 to make an operable firearm, the firearm, ammunition, and

4 firearm parts that could be assembled to make an operable

5 firearm shall be returned to him or her, provided that:

6 (1) the firearm, ammunition, and firearm parts that

7 could be assembled to make an operable firearm are removed

8 from the respondent's custody, control, or possession and

9 the lawful owner agrees to store the firearm, ammunition,

10 and firearm parts that could be assembled to make an

11 operable firearm in a manner such that the respondent does

12 not have access to or control of the firearm, ammunition,

13 and firearm parts that could be assembled to make an

14 operable firearm; and

15 (2) the firearm, ammunition, and firearm parts that

16 could be assembled to make an operable firearm are not

17 otherwise unlawfully possessed by the owner.

18 The person petitioning for the return of his or her

19 firearm, ammunition, and firearm parts that could be assembled

20 to make an operable firearm must swear or affirm by affidavit

21 that he or she: (i) is the lawful owner of the firearm,

22 ammunition, and firearm parts that could be assembled to make

23 an operable firearm; (ii) shall not transfer the firearm,

24 ammunition, and firearm parts that could be assembled to make

25 an operable firearm to the respondent; and (iii) will store

26 the firearm, ammunition, and firearm parts that could be

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1 assembled to make an operable firearm in a manner that the

2 respondent does not have access to or control of the firearm,

3 ammunition, and firearm parts that could be assembled to make

4 an operable firearm.

5 (j) If the court does not issue a firearms restraining

6 order at the hearing, the court shall dissolve any emergency

7 firearms restraining order then in effect.

8 (k) When the court issues a firearms restraining order

9 under this Section, the court shall inform the respondent that

10 he or she is entitled to one hearing during the period of the

11 order to request a termination of the order, under Section 45

12 of this Act, and shall provide the respondent with a form to

13 request a hearing.

14 (l) A firearms restraining order issued under this

15 subsection shall also include an order to surrender firearms,

16 ammunition, and firearm parts that could be assembled to make

17 an operable firearm. The order to surrender firearms,

18 ammunition, and firearm parts that could be assembled to make

19 an operable firearm shall require the respondent to surrender

20 all firearms, ammunition, and firearm parts that could be

21 assembled to make an operable firearm on the day the

22 respondent is served with the firearms restraining order. Upon

23 the respondent surrendering all firearms, ammunition, and

24 firearm parts that could be assembled to make an operable

25 firearm to the appropriate law enforcement agency, the law

26 enforcement agency shall provide a statement of receipt of any

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1 and all firearms, ammunition, or firearm parts that could be

2 assembled to make an operable firearm with a description of

3 any and all firearms, ammunition, or firearm parts that could

4 be assembled to make an operable firearm surrendered, to the

5 respondent and the court. This statement of receipt shall be

6 considered proof of compliance with a firearms restraining

7 order and may be presented as proof at a hearing.

8 Within 30 days after the effective date of this amendatory

9 Act of the 103rd General Assembly, the Supreme Court may adopt

10 a form for an order to surrender firearms and update any

11 existing forms for a firearms restraining order to reflect the

12 changes made by this amendatory Act of the 103rd General

13 Assembly. The form for an order to surrender firearms shall

14 also include forms for a declaration of surrender of firearms,

15 proof of surrender, declaration of nonsurrender, and order to

16 release firearms.

17 (m) After issuing a firearms restraining order under this

18 Section, the court shall hold a hearing within 3 days to

19 determine whether the respondent is complying with the

20 firearms restraining order. If compliance has already been

21 established and the disposition record is on file with the

22 court, the court may waive the compliance hearing. Nothing in

23 this subsection shall preclude the court from setting

24 additional compliance hearings.

25 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

26 102-345, eff. 6-1-22; 102-538, eff. 8-20-21; 102-813, eff.

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1 5-13-22; 102-1116, eff. 1-10-23.)

2 (430 ILCS 67/58 new)

3 Sec. 58. Centralized State database; Department of Public

4 Health. Within 6 months after the effective date of this

5 amendatory Act of the 103rd General Assembly, the Department

6 of Public Health shall create, in coordination with the

7 Department of Human Services' Office of Firearm Violence

8 Prevention, a centralized State database to provide access to

9 data regarding firearms restraining orders for research and

10 policy purposes. The database shall include, but shall not be

11 limited to, all of the following information:

12 (1) Information regarding the petitioner for each

13 case, including, but not limited to, all of the following:

14 (A) The relationship of the petitioner to the

15 respondent.

16 (B) The type of petitioner as identified under

17 Section 5.

18 (C) The demographic information of the petitioner,

19 including the petitioner's age, gender identity, and

20 racial or ethnic identity.

21 (D) For law enforcement petitioners, the specific

22 law enforcement agency or department.

23 (2) Information regarding the respondent for each

24 case, including, but not limited to, all of the following:

25 (A) The demographic information of the respondent,

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1 including the respondent's age, gender identity, and

2 racial or ethnic identity.

3 (B) Whether the respondent is or has been a

4 respondent to any current or previous order of

5 protection issued under the Illinois Domestic Violence

6 Act of 1986, firearms restraining order issued under

7 this Act, protective order issued under Article 112A

8 of the Code of Criminal Procedure of 1963, stalking no

9 contact order issued under the Stalking No Contact

10 Order Act, or civil no contact order issued under the

11 Civil No Contact Order Act.

12 (C) Whether the respondent is a suspect or

13 defendant in a criminal matter at the time the

14 petition is filed.

15 (3) Information regarding the firearms restraining

16 order and the conditions surrounding it, including, but

17 not limited to, all of the following:

18 (A) The city and county where a petition is filed,

19 the date a petition is filed, and the date that a

20 firearms restraining order is issued.

21 (B) The expiration date of the petition.

22 (C) Whether the respondent is alleged in the

23 petition to pose a clear and present danger of causing

24 personal injury only to himself or herself, only to

25 another, or to both himself or herself and another.

26 (D) A brief synopsis of the events precipitating

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1 and giving rise to the petition.

2 (E) The eventual legal outcome of a petition,

3 including:

4 (i) whether an emergency firearms restraining

5 order was granted, denied, or renewed under

6 Section 35 and the reasons for the determination;

7 (ii) whether a 6-month firearms restraining

8 order was granted, denied, or renewed under

9 Section 40 and the reasons for the determination;

10 (iii) whether the case surrounding the

11 petition was dismissed and, if so, the reasons for

12 the dismissal; and

13 (iv) whether the respondent contested the

14 issuance of a firearms restraining order.

15 (F) Whether a respondent was served with notice of

16 a firearms restraining order and, if so, the date he or

17 she was served.

18 (G) Whether the respondent was arrested,

19 hospitalized, or referred for psychiatric services for

20 the respondent's actions leading to the petition.

21 (H) Whether a search warrant was issued to

22 determine whether the respondent had in his or her

23 custody or control, purchased, possessed, or received

24 any firearms or ammunition or firearm parts that could

25 be assembled to make an operable firearm.

26 (4) Information regarding any firearms at issue,

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1 including, but not limited to, all of the following:

2 (A) The number and type of firearms in the

3 respondent's possession or that are accessible to the

4 respondent.

5 (B) The number and type of firearms recovered,

6 seized, or transferred from the respondent as a result

7 of a petition.

8 (C) The number of possible firearms in the

9 respondent's possession or that are accessible to the

10 respondent and that are unaccounted for.

11 (D) Whether a respondent complied with a firearms

12 restraining order issued under this Act.

13 The information in the database shall be public, but

14 information disclosed to the public from the database shall

15 not contain any personal identifying information.

16 (430 ILCS 67/63 new)

17 Sec. 63. Office of Firearms Restraining Order

18 Coordination.

19 (a) Subject to appropriation from State and federal funds,

20 there is established within the Department of Human Services

21 the Office of Firearms Restraining Order Coordination. The

22 Office shall consist of a Director and 5 Coordinators,

23 appointed by the Secretary of Human Services. One Coordinator

24 shall be selected from each of the 5 Illinois Appellate Court

25 Districts and shall serve as a liaison between petitioners,

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1 State's Attorney offices, and the courts within that Appellate

2 District in matters concerning firearms restraining orders.

3 The Department of Human Services shall adopt any rules it

4 deems necessary to implement this Section.

5 (b) Edward Byrne Memorial Justice Assistance Grant (JAG)

6 program funds received by the State of Illinois from the

7 federal government may be used to hire county Firearms

8 Restraining Order coordinators, train law enforcement and

9 other collaborators about implementing this Act, fund the

10 establishment and maintenance of the centralized State

11 database created under Section 58, including, but not limited

12 to, the collection of data and the hiring of personnel to

13 operate and maintain the database, and fund other methods of

14 implementation of this Act.

15 Section 2-45. The Criminal Code of 2012 is amended by

16 changing Sections 24-1, 24-3, and 24-3.5 as follows:

17 (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

18 Sec. 24-1. Unlawful use of weapons.

19 (a) A person commits the offense of unlawful use of

20 weapons when he knowingly:

21 (1) Sells, manufactures, purchases, possesses or

22 carries any bludgeon, black-jack, slung-shot, sand-club,

23 sand-bag, metal knuckles or other knuckle weapon

24 regardless of its composition, throwing star, or any

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1 knife, commonly referred to as a switchblade knife, which

2 has a blade that opens automatically by hand pressure

3 applied to a button, spring or other device in the handle

4 of the knife, or a ballistic knife, which is a device that

5 propels a knifelike blade as a projectile by means of a

6 coil spring, elastic material or compressed gas; or

7 (2) Carries or possesses with intent to use the same

8 unlawfully against another, a dagger, dirk, billy,

9 dangerous knife, razor, stiletto, broken bottle or other

10 piece of glass, stun gun or taser or any other dangerous or

11 deadly weapon or instrument of like character; or

12 (2.5) Carries or possesses with intent to use the same

13 unlawfully against another, any firearm in a church,

14 synagogue, mosque, or other building, structure, or place

15 used for religious worship; or

16 (3) Carries on or about his person or in any vehicle, a

17 tear gas gun projector or bomb or any object containing

18 noxious liquid gas or substance, other than an object

19 containing a non-lethal noxious liquid gas or substance

20 designed solely for personal defense carried by a person

21 18 years of age or older; or

22 (4) Carries or possesses in any vehicle or concealed

23 on or about his person except when on his land or in his

24 own abode, legal dwelling, or fixed place of business, or

25 on the land or in the legal dwelling of another person as

26 an invitee with that person's permission, any pistol,

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1 revolver, stun gun or taser or other firearm, except that

2 this subsection (a)(4) does not apply to or affect

3 transportation of weapons that meet one of the following

4 conditions:

5 (i) are broken down in a non-functioning state; or

6 (ii) are not immediately accessible; or

7 (iii) are unloaded and enclosed in a case, firearm

8 carrying box, shipping box, or other container by a

9 person who has been issued a currently valid Firearm

10 Owner's Identification Card; or

11 (iv) are carried or possessed in accordance with

12 the Firearm Concealed Carry Act by a person who has

13 been issued a currently valid license under the

14 Firearm Concealed Carry Act; or

15 (5) Sets a spring gun; or

16 (6) Possesses any device or attachment of any kind

17 designed, used or intended for use in silencing the report

18 of any firearm; or

19 (7) Sells, manufactures, purchases, possesses or

20 carries:

21 (i) a machine gun, which shall be defined for the

22 purposes of this subsection as any weapon, which

23 shoots, is designed to shoot, or can be readily

24 restored to shoot, automatically more than one shot

25 without manually reloading by a single function of the

26 trigger, including the frame or receiver of any such

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1 weapon, or sells, manufactures, purchases, possesses,

2 or carries any combination of parts designed or

3 intended for use in converting any weapon into a

4 machine gun, or any combination or parts from which a

5 machine gun can be assembled if such parts are in the

6 possession or under the control of a person;

7 (ii) any rifle having one or more barrels less

8 than 16 inches in length or a shotgun having one or

9 more barrels less than 18 inches in length or any

10 weapon made from a rifle or shotgun, whether by

11 alteration, modification, or otherwise, if such a

12 weapon as modified has an overall length of less than

13 26 inches; ~~or~~

14 (iii) any bomb, bomb-shell, grenade, bottle or

15 other container containing an explosive substance of

16 over one-quarter ounce for like purposes, such as, but

17 not limited to, black powder bombs and Molotov

18 cocktails or artillery projectiles; or

19 (iv) any firearm manufactured on or after January

20 1, 2024 that is not microstamp-ready, or any firearm

21 manufactured on or after that date if the person knows

22 that a microstamping mechanism has been unlawfully

23 removed from that firearm. "Microstamp-ready", as used

24 in this paragraph, means that the firearm is

25 manufactured to produce a unique alphanumeric or

26 geometric code on at least 2 locations on each

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1 expended cartridge case that identifies the make,

2 model, and serial number of the firearm.

3 "Microstamping mechanism", as used in this paragraph,

4 means a mechanism of the firearm designed and intended

5 to produce a unique alphanumeric or geometric code on

6 an expended cartridge that identifies the make, model,

7 and serial number of the firearm; or

8 (8) Carries or possesses any firearm, stun gun or

9 taser or other deadly weapon in any place which is

10 licensed to sell intoxicating beverages, or at any public

11 gathering held pursuant to a license issued by any

12 governmental body or any public gathering at which an

13 admission is charged, excluding a place where a showing,

14 demonstration or lecture involving the exhibition of

15 unloaded firearms is conducted.

16 This subsection (a)(8) does not apply to any auction

17 or raffle of a firearm held pursuant to a license or permit

18 issued by a governmental body, nor does it apply to

19 persons engaged in firearm safety training courses; or

20 (9) Carries or possesses in a vehicle or on or about

21 his or her person any pistol, revolver, stun gun or taser

22 or firearm or ballistic knife, when he or she is hooded,

23 robed or masked in such manner as to conceal his or her

24 identity; or

25 (10) Carries or possesses on or about his or her

26 person, upon any public street, alley, or other public

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1 lands within the corporate limits of a city, village, or

2 incorporated town, except when an invitee thereon or

3 therein, for the purpose of the display of such weapon or

4 the lawful commerce in weapons, or except when on his land

5 or in his or her own abode, legal dwelling, or fixed place

6 of business, or on the land or in the legal dwelling of

7 another person as an invitee with that person's

8 permission, any pistol, revolver, stun gun, or taser or

9 other firearm, except that this subsection (a)(10) does

10 not apply to or affect transportation of weapons that meet

11 one of the following conditions:

12 (i) are broken down in a non-functioning state; or

13 (ii) are not immediately accessible; or

14 (iii) are unloaded and enclosed in a case, firearm

15 carrying box, shipping box, or other container by a

16 person who has been issued a currently valid Firearm

17 Owner's Identification Card; or

18 (iv) are carried or possessed in accordance with

19 the Firearm Concealed Carry Act by a person who has

20 been issued a currently valid license under the

21 Firearm Concealed Carry Act.

22 A "stun gun or taser", as used in this paragraph (a)

23 means (i) any device which is powered by electrical

24 charging units, such as, batteries, and which fires one or

25 several barbs attached to a length of wire and which, upon

26 hitting a human, can send out a current capable of

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1 disrupting the person's nervous system in such a manner as

2 to render him incapable of normal functioning or (ii) any

3 device which is powered by electrical charging units, such

4 as batteries, and which, upon contact with a human or

5 clothing worn by a human, can send out current capable of

6 disrupting the person's nervous system in such a manner as

7 to render him incapable of normal functioning; or

8 (11) Sells, manufactures, delivers, imports,

9 possesses, or purchases any assault weapon attachment or

10 .50 caliber cartridge in violation of Section 24-1.9 or

11 any explosive bullet. For purposes of this paragraph (a)

12 "explosive bullet" means the projectile portion of an

13 ammunition cartridge which contains or carries an

14 explosive charge which will explode upon contact with the

15 flesh of a human or an animal. "Cartridge" means a tubular

16 metal case having a projectile affixed at the front

17 thereof and a cap or primer at the rear end thereof, with

18 the propellant contained in such tube between the

19 projectile and the cap; or

20 (12) (Blank); or

21 (13) Carries or possesses on or about his or her

22 person while in a building occupied by a unit of

23 government, a billy club, other weapon of like character,

24 or other instrument of like character intended for use as

25 a weapon. For the purposes of this Section, "billy club"

26 means a short stick or club commonly carried by police

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1 officers which is either telescopic or constructed of a

2 solid piece of wood or other man-made material; or

3 (14) Manufactures, possesses, sells, or offers to

4 sell, purchase, manufacture, import, transfer, or use any

5 device, part, kit, tool, accessory, or combination of

6 parts that is designed to and functions to increase the

7 rate of fire of a semiautomatic firearm above the standard

8 rate of fire for semiautomatic firearms that is not

9 equipped with that device, part, or combination of parts;

10 or

11 (15) Carries or possesses any assault weapon or .50

12 caliber rifle in violation of Section 24-1.9; or

13 (16) Manufactures, sells, delivers, imports, or

14 purchases any assault weapon or .50 caliber rifle in

15 violation of Section 24-1.9.

16 (b) Sentence. A person convicted of a violation of

17 subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),

18 subsection 24-1(a)(11), subsection 24-1(a)(13), or 24-1(a)(15)

19 commits a Class A misdemeanor. A person convicted of a

20 violation of subsection 24-1(a)(8) or 24-1(a)(9) commits a

21 Class 4 felony; a person convicted of a violation of

22 subsection 24-1(a)(6), 24-1(a)(7)(ii), 24-1(a)(7)(iii), or

23 (iv)or 24-1(a)(16) commits a Class 3 felony. A person

24 convicted of a violation of subsection 24-1(a)(7)(i) commits a

25 Class 2 felony and shall be sentenced to a term of imprisonment

26 of not less than 3 years and not more than 7 years, unless the

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1 weapon is possessed in the passenger compartment of a motor

2 vehicle as defined in Section 1-146 of the Illinois Vehicle

3 Code, or on the person, while the weapon is loaded, in which

4 case it shall be a Class X felony. A person convicted of a

5 second or subsequent violation of subsection 24-1(a)(4),

6 24-1(a)(8), 24-1(a)(9), 24-1(a)(10), or 24-1(a)(15) commits a

7 Class 3 felony. A person convicted of a violation of

8 subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2

9 felony. The possession of each weapon or device in violation

10 of this Section constitutes a single and separate violation.

11 (c) Violations in specific places.

12 (1) A person who violates subsection 24-1(a)(6) or

13 24-1(a)(7) in any school, regardless of the time of day or

14 the time of year, in residential property owned, operated

15 or managed by a public housing agency or leased by a public

16 housing agency as part of a scattered site or mixed-income

17 development, in a public park, in a courthouse, on the

18 real property comprising any school, regardless of the

19 time of day or the time of year, on residential property

20 owned, operated or managed by a public housing agency or

21 leased by a public housing agency as part of a scattered

22 site or mixed-income development, on the real property

23 comprising any public park, on the real property

24 comprising any courthouse, in any conveyance owned, leased

25 or contracted by a school to transport students to or from

26 school or a school related activity, in any conveyance

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1 owned, leased, or contracted by a public transportation

2 agency, or on any public way within 1,000 feet of the real

3 property comprising any school, public park, courthouse,

4 public transportation facility, or residential property

5 owned, operated, or managed by a public housing agency or

6 leased by a public housing agency as part of a scattered

7 site or mixed-income development commits a Class 2 felony

8 and shall be sentenced to a term of imprisonment of not

9 less than 3 years and not more than 7 years.

10 (1.5) A person who violates subsection 24-1(a)(4),

11 24-1(a)(9), or 24-1(a)(10) in any school, regardless of

12 the time of day or the time of year, in residential

13 property owned, operated, or managed by a public housing

14 agency or leased by a public housing agency as part of a

15 scattered site or mixed-income development, in a public

16 park, in a courthouse, on the real property comprising any

17 school, regardless of the time of day or the time of year,

18 on residential property owned, operated, or managed by a

19 public housing agency or leased by a public housing agency

20 as part of a scattered site or mixed-income development,

21 on the real property comprising any public park, on the

22 real property comprising any courthouse, in any conveyance

23 owned, leased, or contracted by a school to transport

24 students to or from school or a school related activity,

25 in any conveyance owned, leased, or contracted by a public

26 transportation agency, or on any public way within 1,000

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1 feet of the real property comprising any school, public

2 park, courthouse, public transportation facility, or

3 residential property owned, operated, or managed by a

4 public housing agency or leased by a public housing agency

5 as part of a scattered site or mixed-income development

6 commits a Class 3 felony.

7 (2) A person who violates subsection 24-1(a)(1),

8 24-1(a)(2), or 24-1(a)(3) in any school, regardless of the

9 time of day or the time of year, in residential property

10 owned, operated or managed by a public housing agency or

11 leased by a public housing agency as part of a scattered

12 site or mixed-income development, in a public park, in a

13 courthouse, on the real property comprising any school,

14 regardless of the time of day or the time of year, on

15 residential property owned, operated or managed by a

16 public housing agency or leased by a public housing agency

17 as part of a scattered site or mixed-income development,

18 on the real property comprising any public park, on the

19 real property comprising any courthouse, in any conveyance

20 owned, leased or contracted by a school to transport

21 students to or from school or a school related activity,

22 in any conveyance owned, leased, or contracted by a public

23 transportation agency, or on any public way within 1,000

24 feet of the real property comprising any school, public

25 park, courthouse, public transportation facility, or

26 residential property owned, operated, or managed by a

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1 public housing agency or leased by a public housing agency

2 as part of a scattered site or mixed-income development

3 commits a Class 4 felony. "Courthouse" means any building

4 that is used by the Circuit, Appellate, or Supreme Court

5 of this State for the conduct of official business.

6 (3) Paragraphs (1), (1.5), and (2) of this subsection

7 (c) shall not apply to law enforcement officers or

8 security officers of such school, college, or university

9 or to students carrying or possessing firearms for use in

10 training courses, parades, hunting, target shooting on

11 school ranges, or otherwise with the consent of school

12 authorities and which firearms are transported unloaded

13 enclosed in a suitable case, box, or transportation

14 package.

15 (4) For the purposes of this subsection (c), "school"

16 means any public or private elementary or secondary

17 school, community college, college, or university.

18 (5) For the purposes of this subsection (c), "public

19 transportation agency" means a public or private agency

20 that provides for the transportation or conveyance of

21 persons by means available to the general public, except

22 for transportation by automobiles not used for conveyance

23 of the general public as passengers; and "public

24 transportation facility" means a terminal or other place

25 where one may obtain public transportation.

26 (d) The presence in an automobile other than a public

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1 omnibus of any weapon, instrument or substance referred to in

2 subsection (a)(7) is prima facie evidence that it is in the

3 possession of, and is being carried by, all persons occupying

4 such automobile at the time such weapon, instrument or

5 substance is found, except under the following circumstances:

6 (i) if such weapon, instrument or instrumentality is found

7 upon the person of one of the occupants therein; or (ii) if

8 such weapon, instrument or substance is found in an automobile

9 operated for hire by a duly licensed driver in the due, lawful

10 and proper pursuit of his or her trade, then such presumption

11 shall not apply to the driver.

12 (e) Exemptions.

13 (1) Crossbows, Common or Compound bows and Underwater

14 Spearguns are exempted from the definition of ballistic

15 knife as defined in paragraph (1) of subsection (a) of

16 this Section.

17 (2) The provision of paragraph (1) of subsection (a)

18 of this Section prohibiting the sale, manufacture,

19 purchase, possession, or carrying of any knife, commonly

20 referred to as a switchblade knife, which has a blade that

21 opens automatically by hand pressure applied to a button,

22 spring or other device in the handle of the knife, does not

23 apply to a person who possesses a currently valid Firearm

24 Owner's Identification Card previously issued in his or

25 her name by the Illinois State Police or to a person or an

26 entity engaged in the business of selling or manufacturing

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1 switchblade knives.

2 (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21;

3 102-1116, eff. 1-10-23.)

4 (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)

5 Sec. 24-3. Unlawful sale or delivery of firearms.

6 (A) A person commits the offense of unlawful sale or

7 delivery of firearms when he or she knowingly does any of the

8 following:

9 (a) Sells or gives any firearm of a size which may be

10 concealed upon the person to any person under 18 years of

11 age.

12 (b) Sells or gives any firearm to a person under 21

13 years of age who has been convicted of a misdemeanor other

14 than a traffic offense or adjudged delinquent.

15 (c) Sells or gives any firearm to any narcotic addict.

16 (d) Sells or gives any firearm to any person who has

17 been convicted of a felony under the laws of this or any

18 other jurisdiction.

19 (e) Sells or gives any firearm to any person who has

20 been a patient in a mental institution within the past 5

21 years. In this subsection (e):

22 "Mental institution" means any hospital,

23 institution, clinic, evaluation facility, mental

24 health center, or part thereof, which is used

25 primarily for the care or treatment of persons with

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1 mental illness.

2 "Patient in a mental institution" means the person

3 was admitted, either voluntarily or involuntarily, to

4 a mental institution for mental health treatment,

5 unless the treatment was voluntary and solely for an

6 alcohol abuse disorder and no other secondary

7 substance abuse disorder or mental illness.

8 (f) Sells or gives any firearms to any person who is a

9 person with an intellectual disability.

10 (g) Delivers any firearm, incidental to a sale,

11 without withholding delivery of the firearm for at least

12 72 hours after application for its purchase has been made,

13 or delivers a stun gun or taser, incidental to a sale,

14 without withholding delivery of the stun gun or taser for

15 at least 24 hours after application for its purchase has

16 been made. However, this paragraph (g) does not apply to:

17 (1) the sale of a firearm to a law enforcement officer if

18 the seller of the firearm knows that the person to whom he

19 or she is selling the firearm is a law enforcement officer

20 or the sale of a firearm to a person who desires to

21 purchase a firearm for use in promoting the public

22 interest incident to his or her employment as a bank

23 guard, armed truck guard, or other similar employment; (2)

24 a mail order sale of a firearm from a federally licensed

25 firearms dealer to a nonresident of Illinois under which

26 the firearm is mailed to a federally licensed firearms

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1 dealer outside the boundaries of Illinois; (3) (blank);

2 (4) the sale of a firearm to a dealer licensed as a federal

3 firearms dealer under Section 923 of the federal Gun

4 Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or

5 sale of any rifle, shotgun, or other long gun to a resident

6 registered competitor or attendee or non-resident

7 registered competitor or attendee by any dealer licensed

8 as a federal firearms dealer under Section 923 of the

9 federal Gun Control Act of 1968 at competitive shooting

10 events held at the World Shooting Complex sanctioned by a

11 national governing body. For purposes of transfers or

12 sales under subparagraph (5) of this paragraph (g), the

13 Department of Natural Resources shall give notice to the

14 Illinois State Police at least 30 calendar days prior to

15 any competitive shooting events at the World Shooting

16 Complex sanctioned by a national governing body. The

17 notification shall be made on a form prescribed by the

18 Illinois State Police. The sanctioning body shall provide

19 a list of all registered competitors and attendees at

20 least 24 hours before the events to the Illinois State

21 Police. Any changes to the list of registered competitors

22 and attendees shall be forwarded to the Illinois State

23 Police as soon as practicable. The Illinois State Police

24 must destroy the list of registered competitors and

25 attendees no later than 30 days after the date of the

26 event. Nothing in this paragraph (g) relieves a federally

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1 licensed firearm dealer from the requirements of

2 conducting a NICS background check through the Illinois

3 Point of Contact under 18 U.S.C. 922(t). For purposes of

4 this paragraph (g), "application" means when the buyer and

5 seller reach an agreement to purchase a firearm. For

6 purposes of this paragraph (g), "national governing body"

7 means a group of persons who adopt rules and formulate

8 policy on behalf of a national firearm sporting

9 organization.

10 (h) While holding any license as a dealer, importer,

11 manufacturer or pawnbroker under the federal Gun Control

12 Act of 1968, manufactures, sells or delivers to any

13 unlicensed person a handgun having a barrel, slide, frame

14 or receiver which is a die casting of zinc alloy or any

15 other nonhomogeneous metal which will melt or deform at a

16 temperature of less than 800 degrees Fahrenheit. For

17 purposes of this paragraph, (1) "firearm" is defined as in

18 the Firearm Owners Identification Card Act; and (2)

19 "handgun" is defined as a firearm designed to be held and

20 fired by the use of a single hand, and includes a

21 combination of parts from which such a firearm can be

22 assembled.

23 (i) Sells or gives a firearm of any size to any person

24 under 18 years of age who does not possess a valid Firearm

25 Owner's Identification Card.

26 (j) Sells or gives a firearm while engaged in the

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1 business of selling firearms at wholesale or retail

2 without being licensed as a federal firearms dealer under

3 Section 923 of the federal Gun Control Act of 1968 (18

4 U.S.C. 923). In this paragraph (j):

5 A person "engaged in the business" means a person who

6 devotes time, attention, and labor to engaging in the

7 activity as a regular course of trade or business with the

8 principal objective of livelihood and profit, but does not

9 include a person who makes occasional repairs of firearms

10 or who occasionally fits special barrels, stocks, or

11 trigger mechanisms to firearms.

12 "With the principal objective of livelihood and

13 profit" means that the intent underlying the sale or

14 disposition of firearms is predominantly one of obtaining

15 livelihood and pecuniary gain, as opposed to other

16 intents, such as improving or liquidating a personal

17 firearms collection; however, proof of profit shall not be

18 required as to a person who engages in the regular and

19 repetitive purchase and disposition of firearms for

20 criminal purposes or terrorism.

21 (k) Sells or transfers ownership of a firearm to a

22 person who does not display to the seller or transferor of

23 the firearm either: (1) a currently valid Firearm Owner's

24 Identification Card that has previously been issued in the

25 transferee's name by the Illinois State Police under the

26 provisions of the Firearm Owners Identification Card Act;

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1 or (2) a currently valid license to carry a concealed

2 firearm that has previously been issued in the

3 transferee's name by the Illinois State Police under the

4 Firearm Concealed Carry Act. This paragraph (k) does not

5 apply to the transfer of a firearm to a person who is

6 exempt from the requirement of possessing a Firearm

7 Owner's Identification Card under Section 2 of the Firearm

8 Owners Identification Card Act. For the purposes of this

9 Section, a currently valid Firearm Owner's Identification

10 Card or license to carry a concealed firearm means receipt

11 of an approval number issued in accordance with subsection

12 (a-10) of Section 3 or Section 3.1 of the Firearm Owners

13 Identification Card Act.

14 (1) In addition to the other requirements of this

15 paragraph (k), all persons who are not federally

16 licensed firearms dealers must also have complied with

17 subsection (a-10) of Section 3 of the Firearm Owners

18 Identification Card Act by determining the validity of

19 a purchaser's Firearm Owner's Identification Card.

20 (2) All sellers or transferors who have complied

21 with the requirements of subparagraph (1) of this

22 paragraph (k) shall not be liable for damages in any

23 civil action arising from the use or misuse by the

24 transferee of the firearm transferred, except for

25 willful or wanton misconduct on the part of the seller

26 or transferor.

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1 (l) Not being entitled to the possession of a firearm,

2 delivers the firearm, knowing it to have been stolen or

3 converted. It may be inferred that a person who possesses

4 a firearm with knowledge that its serial number has been

5 removed or altered has knowledge that the firearm is

6 stolen or converted.

7 (m) Sells or gives a firearm to a person who does not

8 display to the seller or transferor a permit to purchase

9 the firearm issued by the local law enforcement agency

10 under Section 3.4 of the Firearm Owners Identification

11 Card Act.

12 (B) Paragraph (h) of subsection (A) does not include

13 firearms sold within 6 months after enactment of Public Act

14 78-355 (approved August 21, 1973, effective October 1, 1973),

15 nor is any firearm legally owned or possessed by any citizen or

16 purchased by any citizen within 6 months after the enactment

17 of Public Act 78-355 subject to confiscation or seizure under

18 the provisions of that Public Act. Nothing in Public Act

19 78-355 shall be construed to prohibit the gift or trade of any

20 firearm if that firearm was legally held or acquired within 6

21 months after the enactment of that Public Act.

22 (C) Sentence.

23 (1) Any person convicted of unlawful sale or delivery

24 of firearms in violation of paragraph (c), (e), (f), (g),

25 or (h) of subsection (A) commits a Class 4 felony.

26 (2) Any person convicted of unlawful sale or delivery

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1 of firearms in violation of paragraph (b) or (i) of

2 subsection (A) commits a Class 3 felony.

3 (3) Any person convicted of unlawful sale or delivery

4 of firearms in violation of paragraph (a) of subsection

5 (A) commits a Class 2 felony.

6 (4) Any person convicted of unlawful sale or delivery

7 of firearms in violation of paragraph (a), (b), or (i) of

8 subsection (A) in any school, on the real property

9 comprising a school, within 1,000 feet of the real

10 property comprising a school, at a school related

11 activity, or on or within 1,000 feet of any conveyance

12 owned, leased, or contracted by a school or school

13 district to transport students to or from school or a

14 school related activity, regardless of the time of day or

15 time of year at which the offense was committed, commits a

16 Class 1 felony. Any person convicted of a second or

17 subsequent violation of unlawful sale or delivery of

18 firearms in violation of paragraph (a), (b), or (i) of

19 subsection (A) in any school, on the real property

20 comprising a school, within 1,000 feet of the real

21 property comprising a school, at a school related

22 activity, or on or within 1,000 feet of any conveyance

23 owned, leased, or contracted by a school or school

24 district to transport students to or from school or a

25 school related activity, regardless of the time of day or

26 time of year at which the offense was committed, commits a

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1 Class 1 felony for which the sentence shall be a term of

2 imprisonment of no less than 5 years and no more than 15

3 years.

4 (5) Any person convicted of unlawful sale or delivery

5 of firearms in violation of paragraph (a) or (i) of

6 subsection (A) in residential property owned, operated, or

7 managed by a public housing agency or leased by a public

8 housing agency as part of a scattered site or mixed-income

9 development, in a public park, in a courthouse, on

10 residential property owned, operated, or managed by a

11 public housing agency or leased by a public housing agency

12 as part of a scattered site or mixed-income development,

13 on the real property comprising any public park, on the

14 real property comprising any courthouse, or on any public

15 way within 1,000 feet of the real property comprising any

16 public park, courthouse, or residential property owned,

17 operated, or managed by a public housing agency or leased

18 by a public housing agency as part of a scattered site or

19 mixed-income development commits a Class 2 felony.

20 (6) Any person convicted of unlawful sale or delivery

21 of firearms in violation of paragraph (j) of subsection

22 (A) commits a Class A misdemeanor. A second or subsequent

23 violation is a Class 4 felony.

24 (7) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (k) of subsection

26 (A) commits a Class 4 felony, except that a violation of

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1 subparagraph (1) of paragraph (k) of subsection (A) shall

2 not be punishable as a crime or petty offense. A third or

3 subsequent conviction for a violation of paragraph (k) of

4 subsection (A) is a Class 1 felony.

5 (8) A person 18 years of age or older convicted of

6 unlawful sale or delivery of firearms in violation of

7 paragraph (a) or (i) of subsection (A), when the firearm

8 that was sold or given to another person under 18 years of

9 age was used in the commission of or attempt to commit a

10 forcible felony, shall be fined or imprisoned, or both,

11 not to exceed the maximum provided for the most serious

12 forcible felony so committed or attempted by the person

13 under 18 years of age who was sold or given the firearm.

14 (9) Any person convicted of unlawful sale or delivery

15 of firearms in violation of paragraph (d) of subsection

16 (A) commits a Class 3 felony.

17 (10) Any person convicted of unlawful sale or delivery

18 of firearms in violation of paragraph (l) of subsection

19 (A) commits a Class 2 felony if the delivery is of one

20 firearm. Any person convicted of unlawful sale or delivery

21 of firearms in violation of paragraph (l) of subsection

22 (A) commits a Class 1 felony if the delivery is of not less

23 than 2 and not more than 5 firearms at the same time or

24 within a one-year period. Any person convicted of unlawful

25 sale or delivery of firearms in violation of paragraph (l)

26 of subsection (A) commits a Class X felony for which he or

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1 she shall be sentenced to a term of imprisonment of not

2 less than 6 years and not more than 30 years if the

3 delivery is of not less than 6 and not more than 10

4 firearms at the same time or within a 2-year period. Any

5 person convicted of unlawful sale or delivery of firearms

6 in violation of paragraph (l) of subsection (A) commits a

7 Class X felony for which he or she shall be sentenced to a

8 term of imprisonment of not less than 6 years and not more

9 than 40 years if the delivery is of not less than 11 and

10 not more than 20 firearms at the same time or within a

11 3-year period. Any person convicted of unlawful sale or

12 delivery of firearms in violation of paragraph (l) of

13 subsection (A) commits a Class X felony for which he or she

14 shall be sentenced to a term of imprisonment of not less

15 than 6 years and not more than 50 years if the delivery is

16 of not less than 21 and not more than 30 firearms at the

17 same time or within a 4-year period. Any person convicted

18 of unlawful sale or delivery of firearms in violation of

19 paragraph (l) of subsection (A) commits a Class X felony

20 for which he or she shall be sentenced to a term of

21 imprisonment of not less than 6 years and not more than 60

22 years if the delivery is of 31 or more firearms at the same

23 time or within a 5-year period.

24 (11) Any person convicted of unlawful sale or delivery

25 of firearms in violation of paragraph (m) of subsection

26 (A) commits a Class 1 felony.

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1 (D) For purposes of this Section:

2 "School" means a public or private elementary or secondary

3 school, community college, college, or university.

4 "School related activity" means any sporting, social,

5 academic, or other activity for which students' attendance or

6 participation is sponsored, organized, or funded in whole or

7 in part by a school or school district.

8 (E) A prosecution for a violation of paragraph (k) of

9 subsection (A) of this Section may be commenced within 6 years

10 after the commission of the offense. A prosecution for a

11 violation of this Section other than paragraph (g) of

12 subsection (A) of this Section may be commenced within 5 years

13 after the commission of the offense defined in the particular

14 paragraph.

15 (Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;

16 102-813, eff. 5-13-22.)

17 (720 ILCS 5/24-3.5)

18 Sec. 24-3.5. Unlawful purchase of a firearm.

19 (a) For purposes of this Section, "firearms transaction

20 record form" means a form:

21 (1) executed by a transferee of a firearm stating: (i)

22 the transferee's name and address (including county or

23 similar political subdivision); (ii) whether the

24 transferee is a citizen of the United States; (iii) the

25 transferee's State of residence; and (iv) the date and

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1 place of birth, height, weight, and race of the

2 transferee; and

3 (2) on which the transferee certifies that he or she

4 is not prohibited by federal law from transporting or

5 shipping a firearm in interstate or foreign commerce or

6 receiving a firearm that has been shipped or transported

7 in interstate or foreign commerce or possessing a firearm

8 in or affecting commerce.

9 (b) A person commits the offense of unlawful purchase of a

10 firearm who knowingly purchases or attempts to purchase a

11 firearm with the intent to deliver that firearm to another

12 person who is prohibited by federal or State law from

13 possessing a firearm.

14 (c) A person commits the offense of unlawful purchase of a

15 firearm when he or she, in purchasing or attempting to

16 purchase a firearm, intentionally provides false or misleading

17 information on a United States Department of the Treasury,

18 Bureau of Alcohol, Tobacco and Firearms firearms transaction

19 record form.

20 (c-5) A person commits the offense of unlawful purchase of

21 a firearm when he or she, in purchasing or attempting to

22 purchase a firearm does not display to the seller or

23 transferor of the firearm a permit to purchase the firearm

24 issued by the local law enforcement agency under Section 3.4

25 of the Firearm Owners Identification Card Act.

26 (d) Exemption. It is not a violation of subsection (b) of

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1 this Section for a person to make a gift or loan of a firearm

2 to a person who is not prohibited by federal or State law from

3 possessing a firearm if the transfer of the firearm is made in

4 accordance with Section 3 of the Firearm Owners Identification

5 Card Act.

6 (e) Sentence.

7 (1) A person who commits the offense of unlawful

8 purchase of a firearm:

9 (A) is guilty of a Class 2 felony for purchasing or

10 attempting to purchase one firearm;

11 (B) is guilty of a Class 1 felony for purchasing or

12 attempting to purchase not less than 2 firearms and

13 not more than 5 firearms at the same time or within a

14 one year period;

15 (C) is guilty of a Class X felony for which the

16 offender shall be sentenced to a term of imprisonment

17 of not less than 9 years and not more than 40 years for

18 purchasing or attempting to purchase not less than 6

19 firearms at the same time or within a 2 year period.

20 (D) is guilty of a Class 2 felony for purchasing or

21 attempting to purchase a firearm in violation of

22 subsection (c-5).

23 (2) In addition to any other penalty that may be

24 imposed for a violation of this Section, the court may

25 sentence a person convicted of a violation of subsection

26 (c) of this Section to a fine not to exceed $250,000 for

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1 each violation.

2 (f) A prosecution for unlawful purchase of a firearm may

3 be commenced within 6 years after the commission of the

4 offense.

5 (Source: P.A. 95-882, eff. 1-1-09.)

6 Section 2-50. The Code of Criminal Procedure of 1963 is

7 amended by changing Section 112A-14 as follows:

8 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)

9 Sec. 112A-14. Domestic violence order of protection;

10 remedies.

11 (a) (Blank).

12 (b) The court may order any of the remedies listed in this

13 subsection (b). The remedies listed in this subsection (b)

14 shall be in addition to other civil or criminal remedies

15 available to petitioner.

16 (1) Prohibition of abuse. Prohibit respondent's

17 harassment, interference with personal liberty,

18 intimidation of a dependent, physical abuse, or willful

19 deprivation, as defined in this Article, if such abuse has

20 occurred or otherwise appears likely to occur if not

21 prohibited.

22 (2) Grant of exclusive possession of residence.

23 Prohibit respondent from entering or remaining in any

24 residence, household, or premises of the petitioner,

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1 including one owned or leased by respondent, if petitioner

2 has a right to occupancy thereof. The grant of exclusive

3 possession of the residence, household, or premises shall

4 not affect title to real property, nor shall the court be

5 limited by the standard set forth in subsection (c-2) of

6 Section 501 of the Illinois Marriage and Dissolution of

7 Marriage Act.

8 (A) Right to occupancy. A party has a right to

9 occupancy of a residence or household if it is solely

10 or jointly owned or leased by that party, that party's

11 spouse, a person with a legal duty to support that

12 party or a minor child in that party's care, or by any

13 person or entity other than the opposing party that

14 authorizes that party's occupancy (e.g., a domestic

15 violence shelter). Standards set forth in subparagraph

16 (B) shall not preclude equitable relief.

17 (B) Presumption of hardships. If petitioner and

18 respondent each has the right to occupancy of a

19 residence or household, the court shall balance (i)

20 the hardships to respondent and any minor child or

21 dependent adult in respondent's care resulting from

22 entry of this remedy with (ii) the hardships to

23 petitioner and any minor child or dependent adult in

24 petitioner's care resulting from continued exposure to

25 the risk of abuse (should petitioner remain at the

26 residence or household) or from loss of possession of

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1 the residence or household (should petitioner leave to

2 avoid the risk of abuse). When determining the balance

3 of hardships, the court shall also take into account

4 the accessibility of the residence or household.

5 Hardships need not be balanced if respondent does not

6 have a right to occupancy.

7 The balance of hardships is presumed to favor

8 possession by petitioner unless the presumption is

9 rebutted by a preponderance of the evidence, showing

10 that the hardships to respondent substantially

11 outweigh the hardships to petitioner and any minor

12 child or dependent adult in petitioner's care. The

13 court, on the request of petitioner or on its own

14 motion, may order respondent to provide suitable,

15 accessible, alternate housing for petitioner instead

16 of excluding respondent from a mutual residence or

17 household.

18 (3) Stay away order and additional prohibitions. Order

19 respondent to stay away from petitioner or any other

20 person protected by the domestic violence order of

21 protection, or prohibit respondent from entering or

22 remaining present at petitioner's school, place of

23 employment, or other specified places at times when

24 petitioner is present, or both, if reasonable, given the

25 balance of hardships. Hardships need not be balanced for

26 the court to enter a stay away order or prohibit entry if

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1 respondent has no right to enter the premises.

2 (A) If a domestic violence order of protection

3 grants petitioner exclusive possession of the

4 residence, prohibits respondent from entering the

5 residence, or orders respondent to stay away from

6 petitioner or other protected persons, then the court

7 may allow respondent access to the residence to remove

8 items of clothing and personal adornment used

9 exclusively by respondent, medications, and other

10 items as the court directs. The right to access shall

11 be exercised on only one occasion as the court directs

12 and in the presence of an agreed-upon adult third

13 party or law enforcement officer.

14 (B) When the petitioner and the respondent attend

15 the same public, private, or non-public elementary,

16 middle, or high school, the court when issuing a

17 domestic violence order of protection and providing

18 relief shall consider the severity of the act, any

19 continuing physical danger or emotional distress to

20 the petitioner, the educational rights guaranteed to

21 the petitioner and respondent under federal and State

22 law, the availability of a transfer of the respondent

23 to another school, a change of placement or a change of

24 program of the respondent, the expense, difficulty,

25 and educational disruption that would be caused by a

26 transfer of the respondent to another school, and any

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1 other relevant facts of the case. The court may order

2 that the respondent not attend the public, private, or

3 non-public elementary, middle, or high school attended

4 by the petitioner, order that the respondent accept a

5 change of placement or change of program, as

6 determined by the school district or private or

7 non-public school, or place restrictions on the

8 respondent's movements within the school attended by

9 the petitioner. The respondent bears the burden of

10 proving by a preponderance of the evidence that a

11 transfer, change of placement, or change of program of

12 the respondent is not available. The respondent also

13 bears the burden of production with respect to the

14 expense, difficulty, and educational disruption that

15 would be caused by a transfer of the respondent to

16 another school. A transfer, change of placement, or

17 change of program is not unavailable to the respondent

18 solely on the ground that the respondent does not

19 agree with the school district's or private or

20 non-public school's transfer, change of placement, or

21 change of program or solely on the ground that the

22 respondent fails or refuses to consent or otherwise

23 does not take an action required to effectuate a

24 transfer, change of placement, or change of program.

25 When a court orders a respondent to stay away from the

26 public, private, or non-public school attended by the

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1 petitioner and the respondent requests a transfer to

2 another attendance center within the respondent's

3 school district or private or non-public school, the

4 school district or private or non-public school shall

5 have sole discretion to determine the attendance

6 center to which the respondent is transferred. If the

7 court order results in a transfer of the minor

8 respondent to another attendance center, a change in

9 the respondent's placement, or a change of the

10 respondent's program, the parents, guardian, or legal

11 custodian of the respondent is responsible for

12 transportation and other costs associated with the

13 transfer or change.

14 (C) The court may order the parents, guardian, or

15 legal custodian of a minor respondent to take certain

16 actions or to refrain from taking certain actions to

17 ensure that the respondent complies with the order. If

18 the court orders a transfer of the respondent to

19 another school, the parents, guardian, or legal

20 custodian of the respondent is responsible for

21 transportation and other costs associated with the

22 change of school by the respondent.

23 (4) Counseling. Require or recommend the respondent to

24 undergo counseling for a specified duration with a social

25 worker, psychologist, clinical psychologist,

26 psychiatrist, family service agency, alcohol or substance

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1 abuse program, mental health center guidance counselor,

2 agency providing services to elders, program designed for

3 domestic violence abusers, or any other guidance service

4 the court deems appropriate. The court may order the

5 respondent in any intimate partner relationship to report

6 to an Illinois Department of Human Services protocol

7 approved partner abuse intervention program for an

8 assessment and to follow all recommended treatment.

9 (5) Physical care and possession of the minor child.

10 In order to protect the minor child from abuse, neglect,

11 or unwarranted separation from the person who has been the

12 minor child's primary caretaker, or to otherwise protect

13 the well-being of the minor child, the court may do either

14 or both of the following: (i) grant petitioner physical

15 care or possession of the minor child, or both, or (ii)

16 order respondent to return a minor child to, or not remove

17 a minor child from, the physical care of a parent or person

18 in loco parentis.

19 If the respondent is charged with abuse (as defined in

20 Section 112A-3 of this Code) of a minor child, there shall

21 be a rebuttable presumption that awarding physical care to

22 respondent would not be in the minor child's best

23 interest.

24 (6) Temporary allocation of parental responsibilities

25 and significant decision-making responsibilities. Award

26 temporary significant decision-making responsibility to

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1 petitioner in accordance with this Section, the Illinois

2 Marriage and Dissolution of Marriage Act, the Illinois

3 Parentage Act of 2015, and this State's Uniform

4 Child-Custody Jurisdiction and Enforcement Act.

5 If the respondent is charged with abuse (as defined in

6 Section 112A-3 of this Code) of a minor child, there shall

7 be a rebuttable presumption that awarding temporary

8 significant decision-making responsibility to respondent

9 would not be in the child's best interest.

10 (7) Parenting time. Determine the parenting time, if

11 any, of respondent in any case in which the court awards

12 physical care or temporary significant decision-making

13 responsibility of a minor child to petitioner. The court

14 shall restrict or deny respondent's parenting time with a

15 minor child if the court finds that respondent has done or

16 is likely to do any of the following:

17 (i) abuse or endanger the minor child during

18 parenting time;

19 (ii) use the parenting time as an opportunity to

20 abuse or harass petitioner or petitioner's family or

21 household members;

22 (iii) improperly conceal or detain the minor

23 child; or

24 (iv) otherwise act in a manner that is not in the

25 best interests of the minor child.

26 The court shall not be limited by the standards set

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1 forth in Section 603.10 of the Illinois Marriage and

2 Dissolution of Marriage Act. If the court grants parenting

3 time, the order shall specify dates and times for the

4 parenting time to take place or other specific parameters

5 or conditions that are appropriate. No order for parenting

6 time shall refer merely to the term "reasonable parenting

7 time". Petitioner may deny respondent access to the minor

8 child if, when respondent arrives for parenting time,

9 respondent is under the influence of drugs or alcohol and

10 constitutes a threat to the safety and well-being of

11 petitioner or petitioner's minor children or is behaving

12 in a violent or abusive manner. If necessary to protect

13 any member of petitioner's family or household from future

14 abuse, respondent shall be prohibited from coming to

15 petitioner's residence to meet the minor child for

16 parenting time, and the petitioner and respondent shall

17 submit to the court their recommendations for reasonable

18 alternative arrangements for parenting time. A person may

19 be approved to supervise parenting time only after filing

20 an affidavit accepting that responsibility and

21 acknowledging accountability to the court.

22 (8) Removal or concealment of minor child. Prohibit

23 respondent from removing a minor child from the State or

24 concealing the child within the State.

25 (9) Order to appear. Order the respondent to appear in

26 court, alone or with a minor child, to prevent abuse,

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1 neglect, removal or concealment of the child, to return

2 the child to the custody or care of the petitioner, or to

3 permit any court-ordered interview or examination of the

4 child or the respondent.

5 (10) Possession of personal property. Grant petitioner

6 exclusive possession of personal property and, if

7 respondent has possession or control, direct respondent to

8 promptly make it available to petitioner, if:

9 (i) petitioner, but not respondent, owns the

10 property; or

11 (ii) the petitioner and respondent own the

12 property jointly; sharing it would risk abuse of

13 petitioner by respondent or is impracticable; and the

14 balance of hardships favors temporary possession by

15 petitioner.

16 If petitioner's sole claim to ownership of the

17 property is that it is marital property, the court may

18 award petitioner temporary possession thereof under the

19 standards of subparagraph (ii) of this paragraph only if a

20 proper proceeding has been filed under the Illinois

21 Marriage and Dissolution of Marriage Act, as now or

22 hereafter amended.

23 No order under this provision shall affect title to

24 property.

25 (11) Protection of property. Forbid the respondent

26 from taking, transferring, encumbering, concealing,

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1 damaging, or otherwise disposing of any real or personal

2 property, except as explicitly authorized by the court,

3 if:

4 (i) petitioner, but not respondent, owns the

5 property; or

6 (ii) the petitioner and respondent own the

7 property jointly, and the balance of hardships favors

8 granting this remedy.

9 If petitioner's sole claim to ownership of the

10 property is that it is marital property, the court may

11 grant petitioner relief under subparagraph (ii) of this

12 paragraph only if a proper proceeding has been filed under

13 the Illinois Marriage and Dissolution of Marriage Act, as

14 now or hereafter amended.

15 The court may further prohibit respondent from

16 improperly using the financial or other resources of an

17 aged member of the family or household for the profit or

18 advantage of respondent or of any other person.

19 (11.5) Protection of animals. Grant the petitioner the

20 exclusive care, custody, or control of any animal owned,

21 possessed, leased, kept, or held by either the petitioner

22 or the respondent or a minor child residing in the

23 residence or household of either the petitioner or the

24 respondent and order the respondent to stay away from the

25 animal and forbid the respondent from taking,

26 transferring, encumbering, concealing, harming, or

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1 otherwise disposing of the animal.

2 (12) Order for payment of support. Order respondent to

3 pay temporary support for the petitioner or any child in

4 the petitioner's care or over whom the petitioner has been

5 allocated parental responsibility, when the respondent has

6 a legal obligation to support that person, in accordance

7 with the Illinois Marriage and Dissolution of Marriage

8 Act, which shall govern, among other matters, the amount

9 of support, payment through the clerk and withholding of

10 income to secure payment. An order for child support may

11 be granted to a petitioner with lawful physical care of a

12 child, or an order or agreement for physical care of a

13 child, prior to entry of an order allocating significant

14 decision-making responsibility. Such a support order shall

15 expire upon entry of a valid order allocating parental

16 responsibility differently and vacating petitioner's

17 significant decision-making responsibility unless

18 otherwise provided in the order.

19 (13) Order for payment of losses. Order respondent to

20 pay petitioner for losses suffered as a direct result of

21 the abuse. Such losses shall include, but not be limited

22 to, medical expenses, lost earnings or other support,

23 repair or replacement of property damaged or taken,

24 reasonable attorney's fees, court costs, and moving or

25 other travel expenses, including additional reasonable

26 expenses for temporary shelter and restaurant meals.

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1 (i) Losses affecting family needs. If a party is

2 entitled to seek maintenance, child support, or

3 property distribution from the other party under the

4 Illinois Marriage and Dissolution of Marriage Act, as

5 now or hereafter amended, the court may order

6 respondent to reimburse petitioner's actual losses, to

7 the extent that such reimbursement would be

8 "appropriate temporary relief", as authorized by

9 subsection (a)(3) of Section 501 of that Act.

10 (ii) Recovery of expenses. In the case of an

11 improper concealment or removal of a minor child, the

12 court may order respondent to pay the reasonable

13 expenses incurred or to be incurred in the search for

14 and recovery of the minor child, including, but not

15 limited to, legal fees, court costs, private

16 investigator fees, and travel costs.

17 (14) Prohibition of entry. Prohibit the respondent

18 from entering or remaining in the residence or household

19 while the respondent is under the influence of alcohol or

20 drugs and constitutes a threat to the safety and

21 well-being of the petitioner or the petitioner's children.

22 (14.5) Prohibition of firearm possession.

23 (A) A person who is subject to an existing

24 domestic violence order of protection issued under

25 this Code may not lawfully possess weapons or a

26 Firearm Owner's Identification Card under Section 8.2

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1 of the Firearm Owners Identification Card Act and is

2 subject to the requirements of subsection (a-1) of

3 Section 214 of the Illinois Domestic Violence Act of

4 1986 and paragraph (14.5) or (14.6) of subsection (b)

5 of Section 214 of the Illinois Domestic Violence Act

6 of 1986, as applicable.

7 (B) Any firearms in the possession of the

8 respondent, except as provided in subparagraph (C) of

9 this paragraph (14.5), shall be ordered by the court

10 to be turned over to a person with a valid Firearm

11 Owner's Identification Card for surrender: ~~safekeeping~~

12 (i) in the case of an ex parte order under

13 Section 112A-17.5, for the duration of the

14 domestic violence order of protection; or

15 (ii) in the case of a final order, for the

16 duration of the domestic violence order of

17 protection or 2 years, whichever is longer.

18 The court shall issue an order that the respondent

19 comply with Section 9.5 of the Firearm Owners

20 Identification Card Act.

21 (C) If the respondent is a peace officer as

22 defined in Section 2-13 of the Criminal Code of 2012,

23 the court shall order that any firearms used by the

24 respondent in the performance of his or her duties as a

25 peace officer be surrendered to the chief law

26 enforcement executive of the agency in which the

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1 respondent is employed, who shall retain the firearms

2 for surrender: ~~safekeeping~~

3 (i) in the case of an ex parte order under

4 Section 112A-17.5, for the duration of the

5 domestic violence order of protection; or

6 (ii) in the case of a final order, for the

7 duration of the domestic violence order of

8 protection or 2 years, whichever is longer.

9 (D) Upon expiration of the period of surrender

10 ~~safekeeping~~, if the firearms or Firearm Owner's

11 Identification Card cannot be returned to respondent

12 because respondent cannot be located, fails to respond

13 to requests to retrieve the firearms, or is not

14 lawfully eligible to possess a firearm, upon petition

15 from the local law enforcement agency, the court may

16 order the local law enforcement agency to destroy the

17 firearms, use the firearms for training purposes, or

18 for any other application as deemed appropriate by the

19 local law enforcement agency; or that the firearms be

20 turned over to a third party who is lawfully eligible

21 to possess firearms, and who does not reside with

22 respondent.

23 (15) Prohibition of access to records. If a domestic

24 violence order of protection prohibits respondent from

25 having contact with the minor child, or if petitioner's

26 address is omitted under subsection (b) of Section 112A-5

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1 of this Code, or if necessary to prevent abuse or wrongful

2 removal or concealment of a minor child, the order shall

3 deny respondent access to, and prohibit respondent from

4 inspecting, obtaining, or attempting to inspect or obtain,

5 school or any other records of the minor child who is in

6 the care of petitioner.

7 (16) Order for payment of shelter services. Order

8 respondent to reimburse a shelter providing temporary

9 housing and counseling services to the petitioner for the

10 cost of the services, as certified by the shelter and

11 deemed reasonable by the court.

12 (17) Order for injunctive relief. Enter injunctive

13 relief necessary or appropriate to prevent further abuse

14 of a family or household member or to effectuate one of the

15 granted remedies, if supported by the balance of

16 hardships. If the harm to be prevented by the injunction

17 is abuse or any other harm that one of the remedies listed

18 in paragraphs (1) through (16) of this subsection is

19 designed to prevent, no further evidence is necessary to

20 establish that the harm is an irreparable injury.

21 (18) Telephone services.

22 (A) Unless a condition described in subparagraph

23 (B) of this paragraph exists, the court may, upon

24 request by the petitioner, order a wireless telephone

25 service provider to transfer to the petitioner the

26 right to continue to use a telephone number or numbers

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1 indicated by the petitioner and the financial

2 responsibility associated with the number or numbers,

3 as set forth in subparagraph (C) of this paragraph. In

4 this paragraph (18), the term "wireless telephone

5 service provider" means a provider of commercial

6 mobile service as defined in 47 U.S.C. 332. The

7 petitioner may request the transfer of each telephone

8 number that the petitioner, or a minor child in his or

9 her custody, uses. The clerk of the court shall serve

10 the order on the wireless telephone service provider's

11 agent for service of process provided to the Illinois

12 Commerce Commission. The order shall contain all of

13 the following:

14 (i) The name and billing telephone number of

15 the account holder including the name of the

16 wireless telephone service provider that serves

17 the account.

18 (ii) Each telephone number that will be

19 transferred.

20 (iii) A statement that the provider transfers

21 to the petitioner all financial responsibility for

22 and right to the use of any telephone number

23 transferred under this paragraph.

24 (B) A wireless telephone service provider shall

25 terminate the respondent's use of, and shall transfer

26 to the petitioner use of, the telephone number or

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1 numbers indicated in subparagraph (A) of this

2 paragraph unless it notifies the petitioner, within 72

3 hours after it receives the order, that one of the

4 following applies:

5 (i) The account holder named in the order has

6 terminated the account.

7 (ii) A difference in network technology would

8 prevent or impair the functionality of a device on

9 a network if the transfer occurs.

10 (iii) The transfer would cause a geographic or

11 other limitation on network or service provision

12 to the petitioner.

13 (iv) Another technological or operational

14 issue would prevent or impair the use of the

15 telephone number if the transfer occurs.

16 (C) The petitioner assumes all financial

17 responsibility for and right to the use of any

18 telephone number transferred under this paragraph. In

19 this paragraph, "financial responsibility" includes

20 monthly service costs and costs associated with any

21 mobile device associated with the number.

22 (D) A wireless telephone service provider may

23 apply to the petitioner its routine and customary

24 requirements for establishing an account or

25 transferring a number, including requiring the

26 petitioner to provide proof of identification,

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1 financial information, and customer preferences.

2 (E) Except for willful or wanton misconduct, a

3 wireless telephone service provider is immune from

4 civil liability for its actions taken in compliance

5 with a court order issued under this paragraph.

6 (F) All wireless service providers that provide

7 services to residential customers shall provide to the

8 Illinois Commerce Commission the name and address of

9 an agent for service of orders entered under this

10 paragraph (18). Any change in status of the registered

11 agent must be reported to the Illinois Commerce

12 Commission within 30 days of such change.

13 (G) The Illinois Commerce Commission shall

14 maintain the list of registered agents for service for

15 each wireless telephone service provider on the

16 Commission's website. The Commission may consult with

17 wireless telephone service providers and the Circuit

18 Court Clerks on the manner in which this information

19 is provided and displayed.

20 (c) Relevant factors; findings.

21 (1) In determining whether to grant a specific remedy,

22 other than payment of support, the court shall consider

23 relevant factors, including, but not limited to, the

24 following:

25 (i) the nature, frequency, severity, pattern, and

26 consequences of the respondent's past abuse of the

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1 petitioner or any family or household member,

2 including the concealment of his or her location in

3 order to evade service of process or notice, and the

4 likelihood of danger of future abuse to petitioner or

5 any member of petitioner's or respondent's family or

6 household; and

7 (ii) the danger that any minor child will be

8 abused or neglected or improperly relocated from the

9 jurisdiction, improperly concealed within the State,

10 or improperly separated from the child's primary

11 caretaker.

12 (2) In comparing relative hardships resulting to the

13 parties from loss of possession of the family home, the

14 court shall consider relevant factors, including, but not

15 limited to, the following:

16 (i) availability, accessibility, cost, safety,

17 adequacy, location, and other characteristics of

18 alternate housing for each party and any minor child

19 or dependent adult in the party's care;

20 (ii) the effect on the party's employment; and

21 (iii) the effect on the relationship of the party,

22 and any minor child or dependent adult in the party's

23 care, to family, school, church, and community.

24 (3) Subject to the exceptions set forth in paragraph

25 (4) of this subsection (c), the court shall make its

26 findings in an official record or in writing, and shall at

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1 a minimum set forth the following:

2 (i) That the court has considered the applicable

3 relevant factors described in paragraphs (1) and (2)

4 of this subsection (c).

5 (ii) Whether the conduct or actions of respondent,

6 unless prohibited, will likely cause irreparable harm

7 or continued abuse.

8 (iii) Whether it is necessary to grant the

9 requested relief in order to protect petitioner or

10 other alleged abused persons.

11 (4) (Blank).

12 (5) Never married parties. No rights or

13 responsibilities for a minor child born outside of

14 marriage attach to a putative father until a father and

15 child relationship has been established under the Illinois

16 Parentage Act of 1984, the Illinois Parentage Act of 2015,

17 the Illinois Public Aid Code, Section 12 of the Vital

18 Records Act, the Juvenile Court Act of 1987, the Probate

19 Act of 1975, the Uniform Interstate Family Support Act,

20 the Expedited Child Support Act of 1990, any judicial,

21 administrative, or other act of another state or

22 territory, any other statute of this State, or by any

23 foreign nation establishing the father and child

24 relationship, any other proceeding substantially in

25 conformity with the federal Personal Responsibility and

26 Work Opportunity Reconciliation Act of 1996, or when both

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1 parties appeared in open court or at an administrative

2 hearing acknowledging under oath or admitting by

3 affirmation the existence of a father and child

4 relationship. Absent such an adjudication, no putative

5 father shall be granted temporary allocation of parental

6 responsibilities, including parenting time with the minor

7 child, or physical care and possession of the minor child,

8 nor shall an order of payment for support of the minor

9 child be entered.

10 (d) Balance of hardships; findings. If the court finds

11 that the balance of hardships does not support the granting of

12 a remedy governed by paragraph (2), (3), (10), (11), or (16) of

13 subsection (b) of this Section, which may require such

14 balancing, the court's findings shall so indicate and shall

15 include a finding as to whether granting the remedy will

16 result in hardship to respondent that would substantially

17 outweigh the hardship to petitioner from denial of the remedy.

18 The findings shall be an official record or in writing.

19 (e) Denial of remedies. Denial of any remedy shall not be

20 based, in whole or in part, on evidence that:

21 (1) respondent has cause for any use of force, unless

22 that cause satisfies the standards for justifiable use of

23 force provided by Article 7 of the Criminal Code of 2012;

24 (2) respondent was voluntarily intoxicated;

25 (3) petitioner acted in self-defense or defense of

26 another, provided that, if petitioner utilized force, such

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1 force was justifiable under Article 7 of the Criminal Code

2 of 2012;

3 (4) petitioner did not act in self-defense or defense

4 of another;

5 (5) petitioner left the residence or household to

6 avoid further abuse by respondent;

7 (6) petitioner did not leave the residence or

8 household to avoid further abuse by respondent; or

9 (7) conduct by any family or household member excused

10 the abuse by respondent, unless that same conduct would

11 have excused such abuse if the parties had not been family

12 or household members.

13 (Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;

14 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)

15 Section 2-55. The Illinois Domestic Violence Act of 1986

16 is amended by changing Sections 214, 217, and 223 as follows:

17 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

18 Sec. 214. Order of protection; remedies.

19 (a) Issuance of order. If the court finds that petitioner

20 has been abused by a family or household member or that

21 petitioner is a high-risk adult who has been abused,

22 neglected, or exploited, as defined in this Act, an order of

23 protection prohibiting the abuse, neglect, or exploitation

24 shall issue; provided that petitioner must also satisfy the

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1 requirements of one of the following Sections, as appropriate:

2 Section 217 on emergency orders, Section 218 on interim

3 orders, or Section 219 on plenary orders. Petitioner shall not

4 be denied an order of protection because petitioner or

5 respondent is a minor. The court, when determining whether or

6 not to issue an order of protection, shall not require

7 physical manifestations of abuse on the person of the victim.

8 Modification and extension of prior orders of protection shall

9 be in accordance with this Act.

10 (a-1) If the respondent to an order of protection issued

11 under subsection (a) is subject to paragraph (14.5) or (14.6)

12 of subsection (b), the order of protection shall also include

13 an order to surrender firearms. The order to surrender

14 firearms shall require the respondent to surrender any firearm

15 on the day the respondent is served with the order of

16 protection. Upon the respondent surrendering any firearm to

17 the appropriate law enforcement agency, the law enforcement

18 agency shall provide a statement of receipt of any firearm,

19 with a description of any firearm surrendered, to the

20 respondent and the court. This statement of receipt shall be

21 considered proof of compliance with an order to surrender

22 firearms and may be presented as proof at a hearing.

23 The failure to surrender any firearm within 24 hours to

24 the appropriate law enforcement agency under an order to

25 surrender firearms shall constitute contempt of court for the

26 violation of the terms of the order of protection.

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1 Within 30 days of the effective date of this amendatory

2 Act of the 103rd General Assembly, the Supreme Court shall

3 adopt a form for an order to surrender firearms and update any

4 existing forms for an order of protection to reflect the

5 changes made by this amendatory Act of the 103rd General

6 Assembly. The form for an order to surrender firearms shall

7 also include forms for a declaration of surrender of firearms,

8 proof of surrender, declaration of nonsurrender, and order to

9 release firearms.

10 (b) Remedies and standards. The remedies to be included in

11 an order of protection shall be determined in accordance with

12 this Section and one of the following Sections, as

13 appropriate: Section 217 on emergency orders, Section 218 on

14 interim orders, and Section 219 on plenary orders. The

15 remedies listed in this subsection shall be in addition to

16 other civil or criminal remedies available to petitioner.

17 (1) Prohibition of abuse, neglect, or exploitation.

18 Prohibit respondent's harassment, interference with

19 personal liberty, intimidation of a dependent, physical

20 abuse, or willful deprivation, neglect or exploitation, as

21 defined in this Act, or stalking of the petitioner, as

22 defined in Section 12-7.3 of the Criminal Code of 2012, if

23 such abuse, neglect, exploitation, or stalking has

24 occurred or otherwise appears likely to occur if not

25 prohibited.

26 (2) Grant of exclusive possession of residence.

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1 Prohibit respondent from entering or remaining in any

2 residence, household, or premises of the petitioner,

3 including one owned or leased by respondent, if petitioner

4 has a right to occupancy thereof. The grant of exclusive

5 possession of the residence, household, or premises shall

6 not affect title to real property, nor shall the court be

7 limited by the standard set forth in subsection (c-2) of

8 Section 501 of the Illinois Marriage and Dissolution of

9 Marriage Act.

10 (A) Right to occupancy. A party has a right to

11 occupancy of a residence or household if it is solely

12 or jointly owned or leased by that party, that party's

13 spouse, a person with a legal duty to support that

14 party or a minor child in that party's care, or by any

15 person or entity other than the opposing party that

16 authorizes that party's occupancy (e.g., a domestic

17 violence shelter). Standards set forth in subparagraph

18 (B) shall not preclude equitable relief.

19 (B) Presumption of hardships. If petitioner and

20 respondent each has the right to occupancy of a

21 residence or household, the court shall balance (i)

22 the hardships to respondent and any minor child or

23 dependent adult in respondent's care resulting from

24 entry of this remedy with (ii) the hardships to

25 petitioner and any minor child or dependent adult in

26 petitioner's care resulting from continued exposure to

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1 the risk of abuse (should petitioner remain at the

2 residence or household) or from loss of possession of

3 the residence or household (should petitioner leave to

4 avoid the risk of abuse). When determining the balance

5 of hardships, the court shall also take into account

6 the accessibility of the residence or household.

7 Hardships need not be balanced if respondent does not

8 have a right to occupancy.

9 The balance of hardships is presumed to favor

10 possession by petitioner unless the presumption is

11 rebutted by a preponderance of the evidence, showing

12 that the hardships to respondent substantially

13 outweigh the hardships to petitioner and any minor

14 child or dependent adult in petitioner's care. The

15 court, on the request of petitioner or on its own

16 motion, may order respondent to provide suitable,

17 accessible, alternate housing for petitioner instead

18 of excluding respondent from a mutual residence or

19 household.

20 (3) Stay away order and additional prohibitions. Order

21 respondent to stay away from petitioner or any other

22 person protected by the order of protection, or prohibit

23 respondent from entering or remaining present at

24 petitioner's school, place of employment, or other

25 specified places at times when petitioner is present, or

26 both, if reasonable, given the balance of hardships.

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1 Hardships need not be balanced for the court to enter a

2 stay away order or prohibit entry if respondent has no

3 right to enter the premises.

4 (A) If an order of protection grants petitioner

5 exclusive possession of the residence, or prohibits

6 respondent from entering the residence, or orders

7 respondent to stay away from petitioner or other

8 protected persons, then the court may allow respondent

9 access to the residence to remove items of clothing

10 and personal adornment used exclusively by respondent,

11 medications, and other items as the court directs. The

12 right to access shall be exercised on only one

13 occasion as the court directs and in the presence of an

14 agreed-upon adult third party or law enforcement

15 officer.

16 (B) When the petitioner and the respondent attend

17 the same public, private, or non-public elementary,

18 middle, or high school, the court when issuing an

19 order of protection and providing relief shall

20 consider the severity of the act, any continuing

21 physical danger or emotional distress to the

22 petitioner, the educational rights guaranteed to the

23 petitioner and respondent under federal and State law,

24 the availability of a transfer of the respondent to

25 another school, a change of placement or a change of

26 program of the respondent, the expense, difficulty,

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1 and educational disruption that would be caused by a

2 transfer of the respondent to another school, and any

3 other relevant facts of the case. The court may order

4 that the respondent not attend the public, private, or

5 non-public elementary, middle, or high school attended

6 by the petitioner, order that the respondent accept a

7 change of placement or change of program, as

8 determined by the school district or private or

9 non-public school, or place restrictions on the

10 respondent's movements within the school attended by

11 the petitioner. The respondent bears the burden of

12 proving by a preponderance of the evidence that a

13 transfer, change of placement, or change of program of

14 the respondent is not available. The respondent also

15 bears the burden of production with respect to the

16 expense, difficulty, and educational disruption that

17 would be caused by a transfer of the respondent to

18 another school. A transfer, change of placement, or

19 change of program is not unavailable to the respondent

20 solely on the ground that the respondent does not

21 agree with the school district's or private or

22 non-public school's transfer, change of placement, or

23 change of program or solely on the ground that the

24 respondent fails or refuses to consent or otherwise

25 does not take an action required to effectuate a

26 transfer, change of placement, or change of program.

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1 When a court orders a respondent to stay away from the

2 public, private, or non-public school attended by the

3 petitioner and the respondent requests a transfer to

4 another attendance center within the respondent's

5 school district or private or non-public school, the

6 school district or private or non-public school shall

7 have sole discretion to determine the attendance

8 center to which the respondent is transferred. In the

9 event the court order results in a transfer of the

10 minor respondent to another attendance center, a

11 change in the respondent's placement, or a change of

12 the respondent's program, the parents, guardian, or

13 legal custodian of the respondent is responsible for

14 transportation and other costs associated with the

15 transfer or change.

16 (C) The court may order the parents, guardian, or

17 legal custodian of a minor respondent to take certain

18 actions or to refrain from taking certain actions to

19 ensure that the respondent complies with the order. In

20 the event the court orders a transfer of the

21 respondent to another school, the parents, guardian,

22 or legal custodian of the respondent is responsible

23 for transportation and other costs associated with the

24 change of school by the respondent.

25 (4) Counseling. Require or recommend the respondent to

26 undergo counseling for a specified duration with a social

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1 worker, psychologist, clinical psychologist,

2 psychiatrist, family service agency, alcohol or substance

3 abuse program, mental health center guidance counselor,

4 agency providing services to elders, program designed for

5 domestic violence abusers or any other guidance service

6 the court deems appropriate. The Court may order the

7 respondent in any intimate partner relationship to report

8 to an Illinois Department of Human Services protocol

9 approved partner abuse intervention program for an

10 assessment and to follow all recommended treatment.

11 (5) Physical care and possession of the minor child.

12 In order to protect the minor child from abuse, neglect,

13 or unwarranted separation from the person who has been the

14 minor child's primary caretaker, or to otherwise protect

15 the well-being of the minor child, the court may do either

16 or both of the following: (i) grant petitioner physical

17 care or possession of the minor child, or both, or (ii)

18 order respondent to return a minor child to, or not remove

19 a minor child from, the physical care of a parent or person

20 in loco parentis.

21 If a court finds, after a hearing, that respondent has

22 committed abuse (as defined in Section 103) of a minor

23 child, there shall be a rebuttable presumption that

24 awarding physical care to respondent would not be in the

25 minor child's best interest.

26 (6) Temporary allocation of parental responsibilities:

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1 significant decision-making. Award temporary

2 decision-making responsibility to petitioner in accordance

3 with this Section, the Illinois Marriage and Dissolution

4 of Marriage Act, the Illinois Parentage Act of 2015, and

5 this State's Uniform Child-Custody Jurisdiction and

6 Enforcement Act.

7 If a court finds, after a hearing, that respondent has

8 committed abuse (as defined in Section 103) of a minor

9 child, there shall be a rebuttable presumption that

10 awarding temporary significant decision-making

11 responsibility to respondent would not be in the child's

12 best interest.

13 (7) Parenting time. Determine the parenting time, if

14 any, of respondent in any case in which the court awards

15 physical care or allocates temporary significant

16 decision-making responsibility of a minor child to

17 petitioner. The court shall restrict or deny respondent's

18 parenting time with a minor child if the court finds that

19 respondent has done or is likely to do any of the

20 following: (i) abuse or endanger the minor child during

21 parenting time; (ii) use the parenting time as an

22 opportunity to abuse or harass petitioner or petitioner's

23 family or household members; (iii) improperly conceal or

24 detain the minor child; or (iv) otherwise act in a manner

25 that is not in the best interests of the minor child. The

26 court shall not be limited by the standards set forth in

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1 Section 603.10 of the Illinois Marriage and Dissolution of

2 Marriage Act. If the court grants parenting time, the

3 order shall specify dates and times for the parenting time

4 to take place or other specific parameters or conditions

5 that are appropriate. No order for parenting time shall

6 refer merely to the term "reasonable parenting time".

7 Petitioner may deny respondent access to the minor

8 child if, when respondent arrives for parenting time,

9 respondent is under the influence of drugs or alcohol and

10 constitutes a threat to the safety and well-being of

11 petitioner or petitioner's minor children or is behaving

12 in a violent or abusive manner.

13 If necessary to protect any member of petitioner's

14 family or household from future abuse, respondent shall be

15 prohibited from coming to petitioner's residence to meet

16 the minor child for parenting time, and the parties shall

17 submit to the court their recommendations for reasonable

18 alternative arrangements for parenting time. A person may

19 be approved to supervise parenting time only after filing

20 an affidavit accepting that responsibility and

21 acknowledging accountability to the court.

22 (8) Removal or concealment of minor child. Prohibit

23 respondent from removing a minor child from the State or

24 concealing the child within the State.

25 (9) Order to appear. Order the respondent to appear in

26 court, alone or with a minor child, to prevent abuse,

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1 neglect, removal or concealment of the child, to return

2 the child to the custody or care of the petitioner or to

3 permit any court-ordered interview or examination of the

4 child or the respondent.

5 (10) Possession of personal property. Grant petitioner

6 exclusive possession of personal property and, if

7 respondent has possession or control, direct respondent to

8 promptly make it available to petitioner, if:

9 (i) petitioner, but not respondent, owns the

10 property; or

11 (ii) the parties own the property jointly; sharing

12 it would risk abuse of petitioner by respondent or is

13 impracticable; and the balance of hardships favors

14 temporary possession by petitioner.

15 If petitioner's sole claim to ownership of the

16 property is that it is marital property, the court may

17 award petitioner temporary possession thereof under the

18 standards of subparagraph (ii) of this paragraph only if a

19 proper proceeding has been filed under the Illinois

20 Marriage and Dissolution of Marriage Act, as now or

21 hereafter amended.

22 No order under this provision shall affect title to

23 property.

24 (11) Protection of property. Forbid the respondent

25 from taking, transferring, encumbering, concealing,

26 damaging or otherwise disposing of any real or personal

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1 property, except as explicitly authorized by the court,

2 if:

3 (i) petitioner, but not respondent, owns the

4 property; or

5 (ii) the parties own the property jointly, and the

6 balance of hardships favors granting this remedy.

7 If petitioner's sole claim to ownership of the

8 property is that it is marital property, the court may

9 grant petitioner relief under subparagraph (ii) of this

10 paragraph only if a proper proceeding has been filed under

11 the Illinois Marriage and Dissolution of Marriage Act, as

12 now or hereafter amended.

13 The court may further prohibit respondent from

14 improperly using the financial or other resources of an

15 aged member of the family or household for the profit or

16 advantage of respondent or of any other person.

17 (11.5) Protection of animals. Grant the petitioner the

18 exclusive care, custody, or control of any animal owned,

19 possessed, leased, kept, or held by either the petitioner

20 or the respondent or a minor child residing in the

21 residence or household of either the petitioner or the

22 respondent and order the respondent to stay away from the

23 animal and forbid the respondent from taking,

24 transferring, encumbering, concealing, harming, or

25 otherwise disposing of the animal.

26 (12) Order for payment of support. Order respondent to

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1 pay temporary support for the petitioner or any child in

2 the petitioner's care or over whom the petitioner has been

3 allocated parental responsibility, when the respondent has

4 a legal obligation to support that person, in accordance

5 with the Illinois Marriage and Dissolution of Marriage

6 Act, which shall govern, among other matters, the amount

7 of support, payment through the clerk and withholding of

8 income to secure payment. An order for child support may

9 be granted to a petitioner with lawful physical care of a

10 child, or an order or agreement for physical care of a

11 child, prior to entry of an order allocating significant

12 decision-making responsibility. Such a support order shall

13 expire upon entry of a valid order allocating parental

14 responsibility differently and vacating the petitioner's

15 significant decision-making authority, unless otherwise

16 provided in the order.

17 (13) Order for payment of losses. Order respondent to

18 pay petitioner for losses suffered as a direct result of

19 the abuse, neglect, or exploitation. Such losses shall

20 include, but not be limited to, medical expenses, lost

21 earnings or other support, repair or replacement of

22 property damaged or taken, reasonable attorney's fees,

23 court costs and moving or other travel expenses, including

24 additional reasonable expenses for temporary shelter and

25 restaurant meals.

26 (i) Losses affecting family needs. If a party is

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1 entitled to seek maintenance, child support or

2 property distribution from the other party under the

3 Illinois Marriage and Dissolution of Marriage Act, as

4 now or hereafter amended, the court may order

5 respondent to reimburse petitioner's actual losses, to

6 the extent that such reimbursement would be

7 "appropriate temporary relief", as authorized by

8 subsection (a)(3) of Section 501 of that Act.

9 (ii) Recovery of expenses. In the case of an

10 improper concealment or removal of a minor child, the

11 court may order respondent to pay the reasonable

12 expenses incurred or to be incurred in the search for

13 and recovery of the minor child, including but not

14 limited to legal fees, court costs, private

15 investigator fees, and travel costs.

16 (14) Prohibition of entry. Prohibit the respondent

17 from entering or remaining in the residence or household

18 while the respondent is under the influence of alcohol or

19 drugs and constitutes a threat to the safety and

20 well-being of the petitioner or the petitioner's children.

21 (14.5) Prohibition of firearm possession; plenary

22 orders.

23 (a) In the case of a granted plenary order,

24 prohibit ~~Prohibit~~ a respondent against whom an order

25 of protection was issued from possessing any firearms

26 during the duration of the order or 2 years, whichever

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1 is longer, if the order:

2 (1) was issued after a hearing of which such

3 person received actual notice, and at which such

4 person had an opportunity to participate;

5 (2) restrains such person from harassing,

6 stalking, or threatening an intimate partner of

7 such person or child of such intimate partner or

8 person, or engaging in other conduct that would

9 place an intimate partner in reasonable fear of

10 bodily injury to the partner or child; and

11 (3)(i) includes a finding that such person

12 represents a credible threat to the physical

13 safety of such intimate partner or child; or (ii)

14 by its terms explicitly prohibits the use,

15 attempted use, or threatened use of physical force

16 against such intimate partner or child that would

17 reasonably be expected to cause bodily injury.

18 Any Firearm Owner's Identification Card in the

19 possession of the respondent, except as provided in

20 subparagraph ~~subsection~~ (b), shall be revoked or

21 suspended consistent with Section 8.2 of the Firearm

22 Owners Identification Act, and the respondent shall be

23 ordered by the court to surrender the card and any

24 firearm in the respondent's possession consistent with

25 Sections 8.2, 8.3, and 9.5 of the Firearm Owners

26 Identification Act. If the card is suspended, the ~~be~~

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1 ~~turned over to the local law enforcement agency. The~~

2 ~~local law enforcement agency shall immediately mail~~

3 ~~the card to the Illinois State Police Firearm Owner's~~

4 ~~Identification Card Office for safekeeping. The court~~

5 ~~shall issue a warrant for seizure of any firearm in the~~

6 ~~possession of the respondent, to be kept by the local~~

7 ~~law enforcement agency for safekeeping, except as~~

8 ~~provided in subsection (b). The~~ period of surrender

9 ~~safekeeping~~ shall be for the duration of the order of

10 protection. If the card is revoked, the period of

11 surrender shall be for the duration of the order of

12 protection or 2 years, whichever is longer. The

13 Illinois State Police shall make notification to the

14 local law enforcement with jurisdiction of the

15 suspension or revocation. ~~The firearm or firearms and~~

16 ~~Firearm Owner's Identification Card, if unexpired,~~

17 ~~shall at the respondent's request, be returned to the~~

18 ~~respondent at the end of the order of protection. It is~~

19 ~~the respondent's responsibility to notify the Illinois~~

20 ~~State Police Firearm Owner's Identification Card~~

21 ~~Office.~~

22 (b) If the respondent is a peace officer as

23 defined in Section 2-13 of the Criminal Code of 2012,

24 the court shall order that any firearms used by the

25 respondent in the performance of his or her duties as a

26 peace officer be surrendered to the chief law

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1 enforcement executive of the agency in which the

2 respondent is employed, who shall retain the firearms

3 for surrender ~~safekeeping~~ for the duration of the

4 order of protection or 2 years, whichever is longer.

5 (c) Upon expiration of the period of surrender

6 ~~safekeeping~~, if the firearms or Firearm Owner's

7 Identification Card cannot be returned to the

8 respondent because the respondent cannot be located,

9 fails to respond to requests to retrieve the firearms,

10 or is not lawfully eligible to possess a firearm, upon

11 petition from the local law enforcement agency, the

12 court may order the local law enforcement agency to

13 destroy the firearms, use the firearms for training

14 purposes, or for any other application as deemed

15 appropriate by the local law enforcement agency; or

16 that the firearms be turned over to a third party who

17 is lawfully eligible to possess firearms, and who does

18 not reside with the respondent.

19 (d) A respondent who has surrendered a firearm

20 under this paragraph shall not purchase a firearm for

21 the period of surrender. A respondent who has

22 surrendered a firearm under this paragraph shall not

23 possess or have access to any firearm regardless of

24 whether the firearm belongs to another person or if

25 the respondent is residing with another person who

26 owns a firearm and keeps the firearm at the residence.

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1 (e) Upon expiration of the period of surrender,

2 any surrendered firearm may only be returned to a

3 respondent if a judicial officer has signed an order

4 to release firearms stating that the order of

5 protection is no longer in effect and the period of

6 surrender has expired.

7 (14.6) Prohibition of firearm possession; emergency

8 orders.

9 (a) Any Firearm Owner's Identification Card in the

10 possession of the respondent, except as provided in

11 subparagraph (b), shall be suspended consistent with

12 Section 8.2 of the Firearm Owners Identification Act,

13 and the respondent shall be ordered by the court to

14 surrender the card and any firearm in the respondent's

15 possession consistent with Sections 8.3 and 9.5 of the

16 Firearm Owners Identification Act. The period of

17 surrender shall be for the duration of the order of

18 protection.

19 (b) If the respondent is a peace officer as

20 defined in Section 2-13 of the Criminal Code of 2012,

21 the court shall order that any firearms used by the

22 respondent in the performance of his or her duties as a

23 peace officer be surrendered to the chief law

24 enforcement executive of the agency in which the

25 respondent is employed, who shall retain the firearms

26 for surrender for the duration of the order of

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1 protection.

2 (c) Upon expiration of the period of surrender, if

3 the firearms or Firearm Owner's Identification Card

4 cannot be returned to respondent because respondent

5 cannot be located, fails to respond to requests to

6 retrieve the firearms, or is not lawfully eligible to

7 possess a firearm, upon petition from the local law

8 enforcement agency, the court may order the local law

9 enforcement agency to destroy the firearms, use the

10 firearms for training purposes, or for any other

11 application as deemed appropriate by the local law

12 enforcement agency; or that the firearms be turned

13 over to a third party who is lawfully eligible to

14 possess firearms, and who does not reside with

15 respondent.

16 (d) A respondent who has surrendered a firearm

17 under this paragraph shall not purchase a firearm for

18 the period of surrender. A respondent who has

19 surrendered a firearm under this paragraph shall not

20 possess or have access to any firearm regardless of

21 whether the firearm belongs to another person or if

22 the respondent is residing with another person who

23 owns a firearm and keeps the firearm at the residence.

24 (e) Upon expiration of the period of surrender,

25 any surrendered firearm may only be returned to a

26 respondent if a judicial officer has signed an order

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1 to release firearms stating that the order of

2 protection is no longer in effect and the period of

3 surrender has expired.

4 (15) Prohibition of access to records. If an order of

5 protection prohibits respondent from having contact with

6 the minor child, or if petitioner's address is omitted

7 under subsection (b) of Section 203, or if necessary to

8 prevent abuse or wrongful removal or concealment of a

9 minor child, the order shall deny respondent access to,

10 and prohibit respondent from inspecting, obtaining, or

11 attempting to inspect or obtain, school or any other

12 records of the minor child who is in the care of

13 petitioner.

14 (16) Order for payment of shelter services. Order

15 respondent to reimburse a shelter providing temporary

16 housing and counseling services to the petitioner for the

17 cost of the services, as certified by the shelter and

18 deemed reasonable by the court.

19 (17) Order for injunctive relief. Enter injunctive

20 relief necessary or appropriate to prevent further abuse

21 of a family or household member or further abuse, neglect,

22 or exploitation of a high-risk adult with disabilities or

23 to effectuate one of the granted remedies, if supported by

24 the balance of hardships. If the harm to be prevented by

25 the injunction is abuse or any other harm that one of the

26 remedies listed in paragraphs (1) through (16) of this

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1 subsection is designed to prevent, no further evidence is

2 necessary that the harm is an irreparable injury.

3 (18) Telephone services.

4 (A) Unless a condition described in subparagraph

5 (B) of this paragraph exists, the court may, upon

6 request by the petitioner, order a wireless telephone

7 service provider to transfer to the petitioner the

8 right to continue to use a telephone number or numbers

9 indicated by the petitioner and the financial

10 responsibility associated with the number or numbers,

11 as set forth in subparagraph (C) of this paragraph.

12 For purposes of this paragraph (18), the term

13 "wireless telephone service provider" means a provider

14 of commercial mobile service as defined in 47 U.S.C.

15 332. The petitioner may request the transfer of each

16 telephone number that the petitioner, or a minor child

17 in his or her custody, uses. The clerk of the court

18 shall serve the order on the wireless telephone

19 service provider's agent for service of process

20 provided to the Illinois Commerce Commission. The

21 order shall contain all of the following:

22 (i) The name and billing telephone number of

23 the account holder including the name of the

24 wireless telephone service provider that serves

25 the account.

26 (ii) Each telephone number that will be

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1 transferred.

2 (iii) A statement that the provider transfers

3 to the petitioner all financial responsibility for

4 and right to the use of any telephone number

5 transferred under this paragraph.

6 (B) A wireless telephone service provider shall

7 terminate the respondent's use of, and shall transfer

8 to the petitioner use of, the telephone number or

9 numbers indicated in subparagraph (A) of this

10 paragraph unless it notifies the petitioner, within 72

11 hours after it receives the order, that one of the

12 following applies:

13 (i) The account holder named in the order has

14 terminated the account.

15 (ii) A difference in network technology would

16 prevent or impair the functionality of a device on

17 a network if the transfer occurs.

18 (iii) The transfer would cause a geographic or

19 other limitation on network or service provision

20 to the petitioner.

21 (iv) Another technological or operational

22 issue would prevent or impair the use of the

23 telephone number if the transfer occurs.

24 (C) The petitioner assumes all financial

25 responsibility for and right to the use of any

26 telephone number transferred under this paragraph. In

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1 this paragraph, "financial responsibility" includes

2 monthly service costs and costs associated with any

3 mobile device associated with the number.

4 (D) A wireless telephone service provider may

5 apply to the petitioner its routine and customary

6 requirements for establishing an account or

7 transferring a number, including requiring the

8 petitioner to provide proof of identification,

9 financial information, and customer preferences.

10 (E) Except for willful or wanton misconduct, a

11 wireless telephone service provider is immune from

12 civil liability for its actions taken in compliance

13 with a court order issued under this paragraph.

14 (F) All wireless service providers that provide

15 services to residential customers shall provide to the

16 Illinois Commerce Commission the name and address of

17 an agent for service of orders entered under this

18 paragraph (18). Any change in status of the registered

19 agent must be reported to the Illinois Commerce

20 Commission within 30 days of such change.

21 (G) The Illinois Commerce Commission shall

22 maintain the list of registered agents for service for

23 each wireless telephone service provider on the

24 Commission's website. The Commission may consult with

25 wireless telephone service providers and the Circuit

26 Court Clerks on the manner in which this information

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1 is provided and displayed.

2 (c) Relevant factors; findings.

3 (1) In determining whether to grant a specific remedy,

4 other than payment of support, the court shall consider

5 relevant factors, including but not limited to the

6 following:

7 (i) the nature, frequency, severity, pattern and

8 consequences of the respondent's past abuse, neglect

9 or exploitation of the petitioner or any family or

10 household member, including the concealment of his or

11 her location in order to evade service of process or

12 notice, and the likelihood of danger of future abuse,

13 neglect, or exploitation to petitioner or any member

14 of petitioner's or respondent's family or household;

15 and

16 (ii) the danger that any minor child will be

17 abused or neglected or improperly relocated from the

18 jurisdiction, improperly concealed within the State or

19 improperly separated from the child's primary

20 caretaker.

21 (2) In comparing relative hardships resulting to the

22 parties from loss of possession of the family home, the

23 court shall consider relevant factors, including but not

24 limited to the following:

25 (i) availability, accessibility, cost, safety,

26 adequacy, location and other characteristics of

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1 alternate housing for each party and any minor child

2 or dependent adult in the party's care;

3 (ii) the effect on the party's employment; and

4 (iii) the effect on the relationship of the party,

5 and any minor child or dependent adult in the party's

6 care, to family, school, church and community.

7 (3) Subject to the exceptions set forth in paragraph

8 (4) of this subsection, the court shall make its findings

9 in an official record or in writing, and shall at a minimum

10 set forth the following:

11 (i) That the court has considered the applicable

12 relevant factors described in paragraphs (1) and (2)

13 of this subsection.

14 (ii) Whether the conduct or actions of respondent,

15 unless prohibited, will likely cause irreparable harm

16 or continued abuse.

17 (iii) Whether it is necessary to grant the

18 requested relief in order to protect petitioner or

19 other alleged abused persons.

20 (4) For purposes of issuing an ex parte emergency

21 order of protection, the court, as an alternative to or as

22 a supplement to making the findings described in

23 paragraphs (c)(3)(i) through (c)(3)(iii) of this

24 subsection, may use the following procedure:

25 When a verified petition for an emergency order of

26 protection in accordance with the requirements of Sections

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1 203 and 217 is presented to the court, the court shall

2 examine petitioner on oath or affirmation. An emergency

3 order of protection shall be issued by the court if it

4 appears from the contents of the petition and the

5 examination of petitioner that the averments are

6 sufficient to indicate abuse by respondent and to support

7 the granting of relief under the issuance of the emergency

8 order of protection.

9 (5) Never married parties. No rights or

10 responsibilities for a minor child born outside of

11 marriage attach to a putative father until a father and

12 child relationship has been established under the Illinois

13 Parentage Act of 1984, the Illinois Parentage Act of 2015,

14 the Illinois Public Aid Code, Section 12 of the Vital

15 Records Act, the Juvenile Court Act of 1987, the Probate

16 Act of 1975, the Revised Uniform Reciprocal Enforcement of

17 Support Act, the Uniform Interstate Family Support Act,

18 the Expedited Child Support Act of 1990, any judicial,

19 administrative, or other act of another state or

20 territory, any other Illinois statute, or by any foreign

21 nation establishing the father and child relationship, any

22 other proceeding substantially in conformity with the

23 Personal Responsibility and Work Opportunity

24 Reconciliation Act of 1996 (Pub. L. 104-193), or where

25 both parties appeared in open court or at an

26 administrative hearing acknowledging under oath or

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1 admitting by affirmation the existence of a father and

2 child relationship. Absent such an adjudication, finding,

3 or acknowledgment, no putative father shall be granted

4 temporary allocation of parental responsibilities,

5 including parenting time with the minor child, or physical

6 care and possession of the minor child, nor shall an order

7 of payment for support of the minor child be entered.

8 (d) Balance of hardships; findings. If the court finds

9 that the balance of hardships does not support the granting of

10 a remedy governed by paragraph (2), (3), (10), (11), or (16) of

11 subsection (b) of this Section, which may require such

12 balancing, the court's findings shall so indicate and shall

13 include a finding as to whether granting the remedy will

14 result in hardship to respondent that would substantially

15 outweigh the hardship to petitioner from denial of the remedy.

16 The findings shall be an official record or in writing.

17 (e) Denial of remedies. Denial of any remedy shall not be

18 based, in whole or in part, on evidence that:

19 (1) Respondent has cause for any use of force, unless

20 that cause satisfies the standards for justifiable use of

21 force provided by Article 7 of the Criminal Code of 2012;

22 (2) Respondent was voluntarily intoxicated;

23 (3) Petitioner acted in self-defense or defense of

24 another, provided that, if petitioner utilized force, such

25 force was justifiable under Article 7 of the Criminal Code

26 of 2012;

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1 (4) Petitioner did not act in self-defense or defense

2 of another;

3 (5) Petitioner left the residence or household to

4 avoid further abuse, neglect, or exploitation by

5 respondent;

6 (6) Petitioner did not leave the residence or

7 household to avoid further abuse, neglect, or exploitation

8 by respondent;

9 (7) Conduct by any family or household member excused

10 the abuse, neglect, or exploitation by respondent, unless

11 that same conduct would have excused such abuse, neglect,

12 or exploitation if the parties had not been family or

13 household members.

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

15 (750 ILCS 60/217) (from Ch. 40, par. 2312-17)

16 Sec. 217. Emergency order of protection.

17 (a) Prerequisites. An emergency order of protection shall

18 issue if petitioner satisfies the requirements of this

19 subsection for one or more of the requested remedies. For each

20 remedy requested, thepetitioner shall establish that:

21 (1) The court has jurisdiction under Section 208;

22 (2) The requirements of Section 214 are satisfied; and

23 (3) There is good cause to grant the remedy,

24 regardless of prior service of process or of notice upon

25 the respondent, because:

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1 (i) For the remedies of "prohibition of abuse"

2 described in Section 214(b)(1), "stay away order and

3 additional prohibitions" described in Section

4 214(b)(3), "removal or concealment of minor child"

5 described in Section 214(b)(8), "order to appear"

6 described in Section 214(b)(9), "physical care and

7 possession of the minor child" described in Section

8 214(b)(5), "protection of property" described in

9 Section 214(b)(11), "prohibition of entry" described

10 in Section 214(b)(14), "prohibition of firearm

11 possession" described in Section 214(b)(14.6)

12 ~~214(b)(14.5)~~, "prohibition of access to records"

13 described in Section 214(b)(15), and "injunctive

14 relief" described in Section 214(b)(16), the harm

15 which that remedy is intended to prevent would be

16 likely to occur if the respondent were given any prior

17 notice, or greater notice than was actually given, of

18 the petitioner's efforts to obtain judicial relief;

19 (ii) For the remedy of "grant of exclusive

20 possession of residence" described in Section

21 214(b)(2), the immediate danger of further abuse of

22 the petitioner by therespondent, ifthe petitioner

23 chooses or had chosen to remain in the residence or

24 household whilethe respondent was given any prior

25 notice or greater notice than was actually given of

26 thepetitioner's efforts to obtain judicial relief,

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1 outweighs the hardships to the respondent of an

2 emergency order grantingthe petitioner exclusive

3 possession of the residence or household. This remedy

4 shall not be denied because the petitioner has or

5 could obtain temporary shelter elsewhere while prior

6 notice is given to therespondent, unless the

7 hardships to respondent from exclusion from the home

8 substantially outweigh those tothe petitioner;

9 (iii) For the remedy of "possession of personal

10 property" described in Section 214(b)(10), improper

11 disposition of the personal property would be likely

12 to occur if the respondent were given any prior

13 notice, or greater notice than was actually given, of

14 the petitioner's efforts to obtain judicial relief, or

15 thepetitioner has an immediate and pressing need for

16 possession of that property.

17 An emergency order may not include the counseling, legal

18 custody, payment of support, or monetary compensation

19 remedies.

20 (a-5) When a petition for an emergency order of protection

21 is granted, the order and file shall not be public and shall

22 only be accessible to the court, the petitioner, law

23 enforcement, a domestic violence advocate or counselor, the

24 counsel of record for either party, and the State's Attorney

25 for the county until the order is served on the respondent.

26 (b) Appearance by respondent. Ifthe respondent appears in

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1 court for this hearing for an emergency order, he or she may

2 elect to file a general appearance and testify. Any resulting

3 order may be an emergency order, governed by this Section.

4 Notwithstanding the requirements of this Section, if all

5 requirements of Section 218 have been met, the court may issue

6 a 30-day interim order.

7 (c) Emergency orders: court holidays and evenings.

8 (1) Prerequisites. When the court is unavailable at

9 the close of business, the petitioner may file a petition

10 for a 21-day emergency order before any available circuit

11 judge or associate judge who may grant relief under this

12 Act. If the judge finds that there is an immediate and

13 present danger of abuse tothe petitioner and that the

14 petitioner has satisfied the prerequisites set forth in

15 subsection (a) of Section 217, that judge may issue an

16 emergency order of protection.

17 (1.5) Issuance of order. The chief judge of the

18 circuit court may designate for each county in the circuit

19 at least one judge to be reasonably available to issue

20 orally, by telephone, by facsimile, or otherwise, an

21 emergency order of protection at all times, whether or not

22 the court is in session.

23 (2) Certification and transfer. The judge who issued

24 the order under this Section shall promptly communicate or

25 convey the order to the sheriff to facilitate the entry of

26 the order into the Law Enforcement Agencies Data System by

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1 the Illinois State Police pursuant to Section 302. Any

2 order issued under this Section and any documentation in

3 support thereof shall be certified on the next court day

4 to the appropriate court. The clerk of that court shall

5 immediately assign a case number, file the petition, order

6 and other documents with the court, and enter the order of

7 record and file it with the sheriff for service, in

8 accordance with Section 222. Filing the petition shall

9 commence proceedings for further relief under Section 202.

10 Failure to comply with the requirements of this subsection

11 shall not affect the validity of the order.

12 (Source: P.A. 101-255, eff. 1-1-20; 102-538, eff. 8-20-21;

13 102-831, eff. 5-13-22; revised 7-29-22.)

14 (750 ILCS 60/223) (from Ch. 40, par. 2312-23)

15 Sec. 223. Enforcement of orders of protection.

16 (a) When violation is crime. A violation of any order of

17 protection, whether issued in a civil or criminal proceeding

18 or by a military tribunal, shall be enforced by a criminal

19 court when:

20 (1) The respondent commits the crime of violation of

21 an order of protection pursuant to Section 12-3.4 or 12-30

22 of the Criminal Code of 1961 or the Criminal Code of 2012,

23 by having knowingly violated:

24 (i) remedies described in paragraphs (1), (2),

25 (3), (14),~~or~~ (14.5), or (14.6)of subsection (b) of

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1 Section 214 of this Act; or

2 (ii) a remedy, which is substantially similar to

3 the remedies authorized under paragraphs (1), (2),

4 (3), (14), ~~and~~ (14.5), and (14.6)of subsection (b) of

5 Section 214 of this Act, in a valid order of protection

6 which is authorized under the laws of another state,

7 tribe, or United States territory; or

8 (iii) any other remedy when the act constitutes a

9 crime against the protected parties as defined by the

10 Criminal Code of 1961 or the Criminal Code of 2012.

11 Prosecution for a violation of an order of protection

12 shall not bar concurrent prosecution for any other crime,

13 including any crime that may have been committed at the

14 time of the violation of the order of protection; or

15 (2) The respondent commits the crime of child

16 abduction pursuant to Section 10-5 of the Criminal Code of

17 1961 or the Criminal Code of 2012, by having knowingly

18 violated:

19 (i) remedies described in paragraphs (5), (6) or

20 (8) of subsection (b) of Section 214 of this Act; or

21 (ii) a remedy, which is substantially similar to

22 the remedies authorized under paragraphs (5), (6), or

23 (8) of subsection (b) of Section 214 of this Act, in a

24 valid order of protection which is authorized under

25 the laws of another state, tribe, or United States

26 territory.

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1 (b) When violation is contempt of court. A violation of

2 any valid Illinois order of protection, whether issued in a

3 civil or criminal proceeding or by a military tribunal, may be

4 enforced through civil or criminal contempt procedures, as

5 appropriate, by any court with jurisdiction, regardless where

6 the act or acts which violated the order of protection were

7 committed, to the extent consistent with the venue provisions

8 of this Act. Nothing in this Act shall preclude any Illinois

9 court from enforcing any valid order of protection issued in

10 another state. Illinois courts may enforce orders of

11 protection through both criminal prosecution and contempt

12 proceedings, unless the action which is second in time is

13 barred by collateral estoppel or the constitutional

14 prohibition against double jeopardy.

15 (1) In a contempt proceeding where the petition for a

16 rule to show cause sets forth facts evidencing an

17 immediate danger that the respondent will flee the

18 jurisdiction, conceal a child, or inflict physical abuse

19 on the petitioner or minor children or on dependent adults

20 in petitioner's care, the court may order the attachment

21 of the respondent without prior service of the rule to

22 show cause or the petition for a rule to show cause.

23 Conditions of release shall be set unless specifically

24 denied in writing.

25 (2) A petition for a rule to show cause for violation

26 of an order of protection shall be treated as an expedited

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1 proceeding.

2 (b-1) The court shall not hold a school district or

3 private or non-public school or any of its employees in civil

4 or criminal contempt unless the school district or private or

5 non-public school has been allowed to intervene.

6 (b-2) The court may hold the parents, guardian, or legal

7 custodian of a minor respondent in civil or criminal contempt

8 for a violation of any provision of any order entered under

9 this Act for conduct of the minor respondent in violation of

10 this Act if the parents, guardian, or legal custodian

11 directed, encouraged, or assisted the respondent minor in such

12 conduct.

13 (c) Violation of custody or support orders or temporary or

14 final judgments allocating parental responsibilities. A

15 violation of remedies described in paragraphs (5), (6), (8),

16 or (9) of subsection (b) of Section 214 of this Act may be

17 enforced by any remedy provided by Section 607.5 of the

18 Illinois Marriage and Dissolution of Marriage Act. The court

19 may enforce any order for support issued under paragraph (12)

20 of subsection (b) of Section 214 in the manner provided for

21 under Parts V and VII of the Illinois Marriage and Dissolution

22 of Marriage Act.

23 (d) Actual knowledge. An order of protection may be

24 enforced pursuant to this Section if the respondent violates

25 the order after the respondent has actual knowledge of its

26 contents as shown through one of the following means:

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1 (1) By service, delivery, or notice under Section 210.

2 (2) By notice under Section 210.1 or 211.

3 (3) By service of an order of protection under Section

4 222.

5 (4) By other means demonstrating actual knowledge of

6 the contents of the order.

7 (e) The enforcement of an order of protection in civil or

8 criminal court shall not be affected by either of the

9 following:

10 (1) The existence of a separate, correlative order,

11 entered under Section 215.

12 (2) Any finding or order entered in a conjoined

13 criminal proceeding.

14 (f) Circumstances. The court, when determining whether or

15 not a violation of an order of protection has occurred, shall

16 not require physical manifestations of abuse on the person of

17 the victim.

18 (g) Penalties.

19 (1) Except as provided in paragraph (3) of this

20 subsection, where the court finds the commission of a

21 crime or contempt of court under subsections (a) or (b) of

22 this Section, the penalty shall be the penalty that

23 generally applies in such criminal or contempt

24 proceedings, and may include one or more of the following:

25 incarceration, payment of restitution, a fine, payment of

26 attorneys' fees and costs, or community service.

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1 (2) The court shall hear and take into account

2 evidence of any factors in aggravation or mitigation

3 before deciding an appropriate penalty under paragraph (1)

4 of this subsection.

5 (3) To the extent permitted by law, the court is

6 encouraged to:

7 (i) increase the penalty for the knowing violation

8 of any order of protection over any penalty previously

9 imposed by any court for respondent's violation of any

10 order of protection or penal statute involving

11 petitioner as victim and respondent as defendant;

12 (ii) impose a minimum penalty of 24 hours

13 imprisonment for respondent's first violation of any

14 order of protection; and

15 (iii) impose a minimum penalty of 48 hours

16 imprisonment for respondent's second or subsequent

17 violation of an order of protection

18 unless the court explicitly finds that an increased

19 penalty or that period of imprisonment would be manifestly

20 unjust.

21 (4) In addition to any other penalties imposed for a

22 violation of an order of protection, a criminal court may

23 consider evidence of any violations of an order of

24 protection:

25 (i) to increase, revoke or modify the conditions

26 of pretrial release on an underlying criminal charge

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1 pursuant to Section 110-6 of the Code of Criminal

2 Procedure of 1963;

3 (ii) to revoke or modify an order of probation,

4 conditional discharge or supervision, pursuant to

5 Section 5-6-4 of the Unified Code of Corrections;

6 (iii) to revoke or modify a sentence of periodic

7 imprisonment, pursuant to Section 5-7-2 of the Unified

8 Code of Corrections.

9 (5) In addition to any other penalties, the court

10 shall impose an additional fine of $20 as authorized by

11 Section 5-9-1.11 of the Unified Code of Corrections upon

12 any person convicted of or placed on supervision for a

13 violation of an order of protection. The additional fine

14 shall be imposed for each violation of this Section.

15 (Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)

16 Article 3.

17 Section 3-5. The Criminal Code of 2012 is amended by

18 changing Sections 24-2 and 24-4 and by adding Sections

19 24-0.05, 24-1.11, 24-1.12, 24-1.13, and 24-1.14 as follows:

20 (720 ILCS 5/24-0.05 new)

21 Sec. 24-0.05. Definitions. In this Article:

22 "Handgun ammunition" means ammunition principally for use

23 in pistols, revolvers, and other firearms capable of being

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1 concealed upon the person, notwithstanding that the ammunition

2 may also be used in some rifles.

3 "Manufacturer", "ammunition manufacturer", or "registered

4 handgun ammunition manufacturer" means any person that

5 manufactures handgun ammunition within this State or

6 manufactures handgun ammunition with the intent to distribute

7 that ammunition for purposes, within this State, of sale,

8 loan, or transfer.

9 "Pistol", "revolver", and "firearm capable of being

10 concealed upon the person" applies to and includes any device

11 designed to be used as a weapon, from which is expelled a

12 projectile by the force of any explosion, or other form of

13 combustion, and that has a barrel less than 16 inches in

14 length. These terms also include any device that has a barrel

15 16 inches or more in length which is designed to be

16 interchanged with a barrel less than 16 inches in length.

17 "Public place" means an area open to the public and

18 includes, but is not limited to, streets, sidewalks, bridges,

19 alleys, plazas, parks, driveways, front yards, parking lots,

20 including motor vehicles in these areas, whether moving or

21 not, and buildings open to the general public, including those

22 that serve food or drink, or provide entertainment, and the

23 doorways and entrances to buildings or dwellings.

24 "Retail mercantile establishment" has the meaning ascribed

25 to it in Section 16-0.1 of this Code.

26 "Serialized" means:

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1 (1) the handgun ammunition has been identified in a

2 manner prescribed by the Illinois State Police so that all

3 assembled handgun ammunition contained within a package

4 provided for retail sale, or as otherwise specified by the

5 Illinois State Police, is uniquely identified;

6 (2) bullets used for reloading or handloading

7 contained within a package provided for retail sale, or as

8 otherwise specified by the Illinois State Police, are

9 uniquely identified;

10 (3) identification of the manufacturer of the items

11 described in subdivisions (1) and (2) of this definition;

12 (4) identification on the exterior of the items

13 described in subdivisions (1) and (2) of this definition

14 in a manner that permits visual inspection for the purpose

15 of determining if the assembled handgun ammunition or

16 bullet is serialized;

17 (5) identification on the exterior of the items

18 described in subdivisions (1) and (2) of this definition

19 in a manner that is maintained subsequent to the discharge

20 of the handgun ammunition and subsequent to the impact of

21 the bullet, based on standards prescribed by the Illinois

22 State Police; and

23 (6) identification on the exterior of every package or

24 container of serialized handgun ammunition, as prescribed

25 by the Illinois State Police, with the same unique

26 identifiers used on the assembled handgun ammunition or

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1 bullets contained within the packaging or container. A

2 package or container shall not be labeled with the same

3 unique identifiers as any other package or container by

4 the same manufacturer.

5 "Serialized handgun ammunition" means any of the

6 following, which are subject to serialization under this

7 Article:

8 (1) handgun ammunition;

9 (2) .22 caliber rimfire ammunition;

10 (3) assembled handgun ammunition packaged for retail

11 sale; or

12 (4) bullets used for reloading or handloading handgun

13 ammunition that are packaged for retail sale.

14 "Serialized handgun ammunition" does not include blank

15 cartridges, shot-shells, or projectiles used in black powder

16 handguns.

17 (720 ILCS 5/24-1.11 new)

18 Sec. 24-1.11. Serialization of handgun ammunition.

19 (a) The Illinois State Police shall enforce the

20 requirements of the handgun serialization program and other

21 provisions of Sections 24-1.11 through 24-1.14 of this Code.

22 The Illinois State Police may prescribe the manner in which

23 handgun ammunition is serialized in order to comply with

24 Section 24-1.12 of this Code, including, but not limited to,

25 determining how handgun ammunition that is loose, packaged, in

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1 lots, series, or otherwise aggregated for purposes of

2 manufacture or sale shall be serialized with a unique

3 identifier, under Section 24-1.12. The Illinois State Police

4 shall adopt rules implementing this Section no later than

5 January 1, 2024.

6 (b) The Illinois State Police may:

7 (1) adopt rules relating to the assessment and

8 collection of end-user fees in an amount not to exceed

9 $0.005 per round of handgun ammunition or per bullet, in

10 which the accumulated fee amount may not exceed the cost

11 to pay for the infrastructure, implementation,

12 operational, enforcement, and future development costs of

13 Sections 24-1.11 through 24-1.14;

14 (2) adopt rules relating to the implementation and

15 furtherance of a retail handgun ammunition vendor's

16 registry and the assessment and collection of fees

17 associated with the registration program in an amount not

18 to exceed $50 per year per retail location, adjusted

19 annually for inflation based upon the Consumer Price Index

20 for the North Central Region as published by the United

21 States Department of Labor, Bureau of Labor Statistics for

22 the immediately preceding calendar year, in which the

23 accumulated fee amount may not exceed the cost to pay for

24 the infrastructure, implementation, operational,

25 enforcement, and future development costs of Sections

26 24-1.11 through 24-1.14; or

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1 (3) adopt or amend rules relating to this Section in

2 an effort to incorporate new technologies as they become

3 available.

4 (720 ILCS 5/24-1.12 new)

5 Sec. 24-1.12. Unlawful manufacture, sale, or transfer of

6 non-serialized handgun ammunition; unlawful possession of

7 non-serialized handgun ammunition; penalties.

8 (a) Beginning January 1, 2024, and except as provided in

9 subsection (g-15) of Section 24-2, a person commits unlawful

10 manufacture, sale, or transfer of non-serialized handgun

11 ammunition when he or she knowingly manufactures, causes to be

12 manufactured, imports into this State for sale or personal

13 use, keeps for sale, offers or exposes for sale, or gives or

14 lends any handgun ammunition that is not serialized. A

15 violation of this subsection (a) is a Class A misdemeanor.

16 (b) Beginning January 1, 2024, and except as provided in

17 subsection (g-15) of Section 24-2, a person commits unlawful

18 possession of non-serialized handgun ammunition when he or she

19 knowingly possesses in any public place any handgun ammunition

20 that is not serialized. A violation of this subsection is a

21 Class C misdemeanor.

22 (c) Beginning January 1, 2024, and except as provided in

23 subsection (g-15) of Section 24-2, a person commits unlawful

24 possession of non-serialized handgun ammunition when he or she

25 knowingly possesses non-serialized ammunition for a rifle

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1 having one or more barrels less than 16 inches in length or a

2 shotgun having one or more barrels less than 18 inches in

3 length or any weapon made from a rifle or shotgun, whether by

4 alteration, modification, or otherwise, if the weapon as

5 modified has an overall length of less than 26 inches. A

6 violation of this subsection is a Class C misdemeanor.

7 (d) For purposes of Sections 24-1.11 through 24-1.14, the

8 possession of each round of non-serialized handgun ammunition

9 or bullets constitutes a separate and distinct offense.

10 (720 ILCS 5/24-1.13 new)

11 Sec. 24-1.13. Unlawful retail sale of handgun ammunition.

12 (a)(1) Beginning January 1, 2024, a person commits

13 unlawful retail sale of handgun ammunition if he or she

14 knowingly engages in the retail sale of handgun ammunition and

15 sells, leases, or transfers serialized handgun ammunition

16 without being a registered handgun ammunition vendor as

17 described in paragraph (2) of this subsection (a). A violation

18 of this paragraph (1) is a Class A misdemeanor.

19 (2) As used in this Section, "vendor", "ammunition

20 vendor", or "registered handgun ammunition vendor" means any

21 person who is engaged in the retail sale of handgun ammunition

22 and has all of the following:

23 (A) any regulatory or business license, or licenses,

24 required by a unit of local government;

25 (B) a valid Retailers Occupation Tax Registration

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1 Number issued by the Department of Revenue; and

2 (C) is recorded in the centralized handgun ammunition

3 vendor's registry specified in subsection (b) of this

4 Section.

5 (b) The Illinois State Police shall maintain a centralized

6 registry of all persons under subparagraphs (A) through (C),

7 inclusive, of paragraph (2) of subsection (a) of this Section.

8 The Illinois State Police may remove from this registry any

9 person who violates this Article. Upon removal of a vendor

10 from this registry, notification shall be provided to local

11 law enforcement and licensing authorities in the jurisdiction

12 where the vendor's business is located.

13 (c) The Illinois State Police may inspect handgun

14 ammunition vendors to ensure compliance with this Article.

15 Nothing in this Section prohibits any unit of local government

16 from adopting one or more ordinances relating to the

17 inspection of handgun ammunition vendors.

18 (d) Any vendor, agent, or employee of the vendor who sells

19 or otherwise transfers ownership of any serialized handgun

20 ammunition shall record the following information in a format

21 prescribed by the Illinois State Police:

22 (1) the date of the transaction;

23 (2) the name of the transferee;

24 (3) the transferee's driver's license number or other

25 government issued identification card number and the

26 governmental agency that issued the identification;

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1 (4) in order to validate a transferee's age and ensure

2 compliance with paragraphs (a) and (b) of subsection (A)

3 of Section 24-3, the date of birth of the transferee;

4 (5) the unique identifier, as described in Section

5 24-0.05, of all serialized handgun ammunition or bullets

6 transferred; and

7 (6) all other information prescribed by the Illinois

8 State Police.

9 (e) On the date the vendor delivers the handgun ammunition

10 to the transferee, he or she shall report the information

11 required in subsection (d) to the Illinois State Police in a

12 manner prescribed by the Illinois State Police. A copy of the

13 records required by this Section shall be maintained on the

14 premises of the vendor for a period of not less than 3 years

15 from the date of the recorded transfer. The records shall be

16 subject to inspection at any time during normal business hours

17 by any peace officer, or by any authorized employee of the

18 Illinois State Police, if the inspection relates to an

19 investigation in which access to those records is or may be

20 relevant to that investigation, is seeking information about

21 persons prohibited from owning a firearm or handgun

22 ammunition, or is engaged in ensuring compliance with this

23 Article, the Firearm Owners Identification Card Act, the

24 Firearm Concealed Carry Act, or any other laws pertaining to

25 firearms.

26 (f) Any vendor or employee or agent of a vendor who

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1 knowingly fails to comply with, or falsifies the records

2 required to be kept by subsection (e) is guilty of a Class A

3 misdemeanor.

4 (g) Proof that a vendor or his or her agent or employee

5 demanded, was shown, and acted in reliance upon, bona fide

6 evidence of identity shall be a defense to any criminal

7 prosecution under this Section if reliance upon the proof of

8 identity was reasonable.

9 (h) Any person who presents false identification to a

10 vendor with the intent to avoid the recording requirements of

11 this Section is guilty of a Class A misdemeanor.

12 (i) Any vendor who refuses to permit a person authorized

13 under subsection (e) to examine any record prepared in

14 accordance with this Section during any inspection conducted

15 under this Section is guilty of a Class A misdemeanor.

16 (j) Persons engaged in the noncommercial reloading of

17 ammunition may adopt voluntary personal serialization

18 protocols.

19 (720 ILCS 5/24-1.14 new)

20 Sec. 24-1.14. Unlawful commercial manufacture of

21 serialized handgun ammunition.

22 (a) Beginning January 1, 2024, a person commits unlawful

23 commercial manufacture of serialized handgun ammunition when

24 he or she knowingly engages in the commercial manufacture of

25 serialized handgun ammunition and sells, loans, or transfers

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1 serialized handgun ammunition within this State, without being

2 a registered handgun ammunition manufacturer. A violation of

3 this subsection (a) is a Class A misdemeanor.

4 (b) Manufacturers shall:

5 (1) register with the Illinois State Police in a

6 manner prescribed by the Illinois State Police;

7 (2) maintain records on the business premises for a

8 period of 7 years concerning all sales, loans, and

9 transfers of handgun ammunition, to, from, or within this

10 State; and

11 (3) comply with all other rules concerning handgun

12 ammunition manufacture and sale adopted by the Illinois

13 State Police.

14 (c) Any manufacturer who knowingly fails to comply with

15 the provisions of this Section is liable for a civil fine

16 payable to the Illinois State Police of not more than $1,000

17 for a first violation, not more than $5,000 for a second

18 violation, and not more than $10,000 for a third and

19 subsequent violation. A civil action to enforce this Section

20 may be brought by a municipal attorney, State's Attorney, or

21 the Attorney General. This subsection (c) does not preclude

22 any other remedy available under State law.

23 (d) The Illinois State Police may inspect handgun

24 ammunition manufacturers to ensure compliance with this

25 Section.

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1 (720 ILCS 5/24-2)

2 Sec. 24-2. Exemptions.

3 (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and

4 24-1(a)(13) and Section 24-1.6 do not apply to or affect any of

5 the following:

6 (1) Peace officers, and any person summoned by a peace

7 officer to assist in making arrests or preserving the

8 peace, while actually engaged in assisting such officer.

9 (2) Wardens, superintendents and keepers of prisons,

10 penitentiaries, jails and other institutions for the

11 detention of persons accused or convicted of an offense,

12 while in the performance of their official duty, or while

13 commuting between their homes and places of employment.

14 (3) Members of the Armed Services or Reserve Forces of

15 the United States or the Illinois National Guard or the

16 Reserve Officers Training Corps, while in the performance

17 of their official duty.

18 (4) Special agents employed by a railroad or a public

19 utility to perform police functions, and guards of armored

20 car companies, while actually engaged in the performance

21 of the duties of their employment or commuting between

22 their homes and places of employment; and watchmen while

23 actually engaged in the performance of the duties of their

24 employment.

25 (5) Persons licensed as private security contractors,

26 private detectives, or private alarm contractors, or

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1 employed by a private security contractor, private

2 detective, or private alarm contractor agency licensed by

3 the Department of Financial and Professional Regulation,

4 if their duties include the carrying of a weapon under the

5 provisions of the Private Detective, Private Alarm,

6 Private Security, Fingerprint Vendor, and Locksmith Act of

7 2004, while actually engaged in the performance of the

8 duties of their employment or commuting between their

9 homes and places of employment. A person shall be

10 considered eligible for this exemption if he or she has

11 completed the required 20 hours of training for a private

12 security contractor, private detective, or private alarm

13 contractor, or employee of a licensed private security

14 contractor, private detective, or private alarm contractor

15 agency and 28 hours of required firearm training, and has

16 been issued a firearm control card by the Department of

17 Financial and Professional Regulation. Conditions for the

18 renewal of firearm control cards issued under the

19 provisions of this Section shall be the same as for those

20 cards issued under the provisions of the Private

21 Detective, Private Alarm, Private Security, Fingerprint

22 Vendor, and Locksmith Act of 2004. The firearm control

23 card shall be carried by the private security contractor,

24 private detective, or private alarm contractor, or

25 employee of the licensed private security contractor,

26 private detective, or private alarm contractor agency at

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1 all times when he or she is in possession of a concealable

2 weapon permitted by his or her firearm control card.

3 (6) Any person regularly employed in a commercial or

4 industrial operation as a security guard for the

5 protection of persons employed and private property

6 related to such commercial or industrial operation, while

7 actually engaged in the performance of his or her duty or

8 traveling between sites or properties belonging to the

9 employer, and who, as a security guard, is a member of a

10 security force registered with the Department of Financial

11 and Professional Regulation; provided that such security

12 guard has successfully completed a course of study,

13 approved by and supervised by the Department of Financial

14 and Professional Regulation, consisting of not less than

15 48 hours of training that includes the theory of law

16 enforcement, liability for acts, and the handling of

17 weapons. A person shall be considered eligible for this

18 exemption if he or she has completed the required 20 hours

19 of training for a security officer and 28 hours of

20 required firearm training, and has been issued a firearm

21 control card by the Department of Financial and

22 Professional Regulation. Conditions for the renewal of

23 firearm control cards issued under the provisions of this

24 Section shall be the same as for those cards issued under

25 the provisions of the Private Detective, Private Alarm,

26 Private Security, Fingerprint Vendor, and Locksmith Act of

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1 2004. The firearm control card shall be carried by the

2 security guard at all times when he or she is in possession

3 of a concealable weapon permitted by his or her firearm

4 control card.

5 (7) Agents and investigators of the Illinois

6 Legislative Investigating Commission authorized by the

7 Commission to carry the weapons specified in subsections

8 24-1(a)(3) and 24-1(a)(4), while on duty in the course of

9 any investigation for the Commission.

10 (8) Persons employed by a financial institution as a

11 security guard for the protection of other employees and

12 property related to such financial institution, while

13 actually engaged in the performance of their duties,

14 commuting between their homes and places of employment, or

15 traveling between sites or properties owned or operated by

16 such financial institution, and who, as a security guard,

17 is a member of a security force registered with the

18 Department; provided that any person so employed has

19 successfully completed a course of study, approved by and

20 supervised by the Department of Financial and Professional

21 Regulation, consisting of not less than 48 hours of

22 training which includes theory of law enforcement,

23 liability for acts, and the handling of weapons. A person

24 shall be considered to be eligible for this exemption if

25 he or she has completed the required 20 hours of training

26 for a security officer and 28 hours of required firearm

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1 training, and has been issued a firearm control card by

2 the Department of Financial and Professional Regulation.

3 Conditions for renewal of firearm control cards issued

4 under the provisions of this Section shall be the same as

5 for those issued under the provisions of the Private

6 Detective, Private Alarm, Private Security, Fingerprint

7 Vendor, and Locksmith Act of 2004. The firearm control

8 card shall be carried by the security guard at all times

9 when he or she is in possession of a concealable weapon

10 permitted by his or her firearm control card. For purposes

11 of this subsection, "financial institution" means a bank,

12 savings and loan association, credit union or company

13 providing armored car services.

14 (9) Any person employed by an armored car company to

15 drive an armored car, while actually engaged in the

16 performance of his duties.

17 (10) Persons who have been classified as peace

18 officers pursuant to the Peace Officer Fire Investigation

19 Act.

20 (11) Investigators of the Office of the State's

21 Attorneys Appellate Prosecutor authorized by the board of

22 governors of the Office of the State's Attorneys Appellate

23 Prosecutor to carry weapons pursuant to Section 7.06 of

24 the State's Attorneys Appellate Prosecutor's Act.

25 (12) Special investigators appointed by a State's

26 Attorney under Section 3-9005 of the Counties Code.

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1 (12.5) Probation officers while in the performance of

2 their duties, or while commuting between their homes,

3 places of employment or specific locations that are part

4 of their assigned duties, with the consent of the chief

5 judge of the circuit for which they are employed, if they

6 have received weapons training according to requirements

7 of the Peace Officer and Probation Officer Firearm

8 Training Act.

9 (13) Court Security Officers while in the performance

10 of their official duties, or while commuting between their

11 homes and places of employment, with the consent of the

12 Sheriff.

13 (13.5) A person employed as an armed security guard at

14 a nuclear energy, storage, weapons or development site or

15 facility regulated by the Nuclear Regulatory Commission

16 who has completed the background screening and training

17 mandated by the rules and regulations of the Nuclear

18 Regulatory Commission.

19 (14) Manufacture, transportation, or sale of weapons

20 to persons authorized under subdivisions (1) through

21 (13.5) of this subsection to possess those weapons.

22 (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

23 to or affect any person carrying a concealed pistol, revolver,

24 or handgun and the person has been issued a currently valid

25 license under the Firearm Concealed Carry Act at the time of

26 the commission of the offense.

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1 (a-6) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply

2 to or affect a qualified current or retired law enforcement

3 officer or a current or retired deputy, county correctional

4 officer, or correctional officer of the Department of

5 Corrections qualified under the laws of this State or under

6 the federal Law Enforcement Officers Safety Act.

7 (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

8 24-1.6 do not apply to or affect any of the following:

9 (1) Members of any club or organization organized for

10 the purpose of practicing shooting at targets upon

11 established target ranges, whether public or private, and

12 patrons of such ranges, while such members or patrons are

13 using their firearms on those target ranges.

14 (2) Duly authorized military or civil organizations

15 while parading, with the special permission of the

16 Governor.

17 (3) Hunters, trappers, or fishermen while engaged in

18 lawful hunting, trapping, or fishing under the provisions

19 of the Wildlife Code or the Fish and Aquatic Life Code.

20 (4) Transportation of weapons that are broken down in

21 a non-functioning state or are not immediately accessible.

22 (5) Carrying or possessing any pistol, revolver, stun

23 gun or taser or other firearm on the land or in the legal

24 dwelling of another person as an invitee with that

25 person's permission.

26 (c) Subsection 24-1(a)(7) does not apply to or affect any

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1 of the following:

2 (1) Peace officers while in performance of their

3 official duties.

4 (2) Wardens, superintendents and keepers of prisons,

5 penitentiaries, jails and other institutions for the

6 detention of persons accused or convicted of an offense.

7 (3) Members of the Armed Services or Reserve Forces of

8 the United States or the Illinois National Guard, while in

9 the performance of their official duty.

10 (4) Manufacture, transportation, or sale of machine

11 guns to persons authorized under subdivisions (1) through

12 (3) of this subsection to possess machine guns, if the

13 machine guns are broken down in a non-functioning state or

14 are not immediately accessible.

15 (5) Persons licensed under federal law to manufacture

16 any weapon from which 8 or more shots or bullets can be

17 discharged by a single function of the firing device, or

18 ammunition for such weapons, and actually engaged in the

19 business of manufacturing such weapons or ammunition, but

20 only with respect to activities which are within the

21 lawful scope of such business, such as the manufacture,

22 transportation, or testing of such weapons or ammunition.

23 This exemption does not authorize the general private

24 possession of any weapon from which 8 or more shots or

25 bullets can be discharged by a single function of the

26 firing device, but only such possession and activities as

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1 are within the lawful scope of a licensed manufacturing

2 business described in this paragraph.

3 During transportation, such weapons shall be broken

4 down in a non-functioning state or not immediately

5 accessible.

6 (6) The manufacture, transport, testing, delivery,

7 transfer or sale, and all lawful commercial or

8 experimental activities necessary thereto, of rifles,

9 shotguns, and weapons made from rifles or shotguns, or

10 ammunition for such rifles, shotguns or weapons, where

11 engaged in by a person operating as a contractor or

12 subcontractor pursuant to a contract or subcontract for

13 the development and supply of such rifles, shotguns,

14 weapons or ammunition to the United States government or

15 any branch of the Armed Forces of the United States, when

16 such activities are necessary and incident to fulfilling

17 the terms of such contract.

18 The exemption granted under this subdivision (c)(6)

19 shall also apply to any authorized agent of any such

20 contractor or subcontractor who is operating within the

21 scope of his employment, where such activities involving

22 such weapon, weapons or ammunition are necessary and

23 incident to fulfilling the terms of such contract.

24 (7) A person possessing a rifle with a barrel or

25 barrels less than 16 inches in length if: (A) the person

26 has been issued a Curios and Relics license from the U.S.

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1 Bureau of Alcohol, Tobacco, Firearms and Explosives; or

2 (B) the person is an active member of a bona fide,

3 nationally recognized military re-enacting group and the

4 modification is required and necessary to accurately

5 portray the weapon for historical re-enactment purposes;

6 the re-enactor is in possession of a valid and current

7 re-enacting group membership credential; and the overall

8 length of the weapon as modified is not less than 26

9 inches.

10 (d) Subsection 24-1(a)(1) does not apply to the purchase,

11 possession or carrying of a black-jack or slung-shot by a

12 peace officer.

13 (e) Subsection 24-1(a)(8) does not apply to any owner,

14 manager or authorized employee of any place specified in that

15 subsection nor to any law enforcement officer.

16 (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and

17 Section 24-1.6 do not apply to members of any club or

18 organization organized for the purpose of practicing shooting

19 at targets upon established target ranges, whether public or

20 private, while using their firearms on those target ranges.

21 (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply

22 to:

23 (1) Members of the Armed Services or Reserve Forces of

24 the United States or the Illinois National Guard, while in

25 the performance of their official duty.

26 (2) Bonafide collectors of antique or surplus military

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1 ordnance.

2 (3) Laboratories having a department of forensic

3 ballistics, or specializing in the development of

4 ammunition or explosive ordnance.

5 (4) Commerce, preparation, assembly or possession of

6 explosive bullets by manufacturers of ammunition licensed

7 by the federal government, in connection with the supply

8 of those organizations and persons exempted by subdivision

9 (g)(1) of this Section, or like organizations and persons

10 outside this State, or the transportation of explosive

11 bullets to any organization or person exempted in this

12 Section by a common carrier or by a vehicle owned or leased

13 by an exempted manufacturer.

14 (g-5) Subsection 24-1(a)(6) does not apply to or affect

15 persons licensed under federal law to manufacture any device

16 or attachment of any kind designed, used, or intended for use

17 in silencing the report of any firearm, firearms, or

18 ammunition for those firearms equipped with those devices, and

19 actually engaged in the business of manufacturing those

20 devices, firearms, or ammunition, but only with respect to

21 activities that are within the lawful scope of that business,

22 such as the manufacture, transportation, or testing of those

23 devices, firearms, or ammunition. This exemption does not

24 authorize the general private possession of any device or

25 attachment of any kind designed, used, or intended for use in

26 silencing the report of any firearm, but only such possession

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1 and activities as are within the lawful scope of a licensed

2 manufacturing business described in this subsection (g-5).

3 During transportation, these devices shall be detached from

4 any weapon or not immediately accessible.

5 (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section

6 24-1.6 do not apply to or affect any parole agent or parole

7 supervisor who meets the qualifications and conditions

8 prescribed in Section 3-14-1.5 of the Unified Code of

9 Corrections.

10 (g-7) Subsection 24-1(a)(6) does not apply to a peace

11 officer while serving as a member of a tactical response team

12 or special operations team. A peace officer may not personally

13 own or apply for ownership of a device or attachment of any

14 kind designed, used, or intended for use in silencing the

15 report of any firearm. These devices shall be owned and

16 maintained by lawfully recognized units of government whose

17 duties include the investigation of criminal acts.

18 (g-10) (Blank).

19 (g-15) Subsections 24-1.12(a) and 24-1.12(b) do not apply

20 to or affect any of the following:

21 (1) Possession, for purposes of investigation or

22 disposition of any non-serialized handgun ammunition, by a

23 forensic laboratory or any authorized agent or employee of

24 that laboratory in the course and scope of his or her

25 authorized activities.

26 (2) Possession, for purposes of investigation,

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1 evidence, or disposition, of any non-serialized handgun

2 ammunition by any State or unit of local government agency

3 charged with law enforcement or by the Illinois State

4 Police or by any authorized agent or employee of the

5 agency, within the course and scope of his or her official

6 duties.

7 (3) Possession, for purposes of disposal, or the

8 disposal, of non-serialized handgun ammunition by an

9 executor or administrator of an estate if all of the

10 following are met:

11 (A) the non-serialized handgun ammunition was

12 lawfully possessed, included within the estate, and

13 the executor or administrator possesses or disposes of

14 the non-serialized handgun ammunition in a manner

15 consistent with this Article.

16 (B) the disposition is to a person or entity that

17 may possess the non-serialized handgun ammunition in a

18 manner consistent with this Article and possession is

19 otherwise lawful; and

20 (C) the disposition transfers the non-serialized

21 handgun ammunition out of this State or to a law

22 enforcement agency for disposition.

23 (4) Possession of non-serialized handgun ammunition

24 for purposes of transporting it to a law enforcement

25 agency for disposition, if possession is otherwise lawful,

26 and if the law enforcement agency has been notified prior

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1 to delivery of the handgun ammunition.

2 (5) Possession of non-serialized handgun ammunition by

3 peace officers from other states during the discharge of

4 their official duties in this State.

5 (6) Possession of non-serialized handgun ammunition by

6 members of the Armed Services or Reserve Forces of the

7 United States or the Illinois National Guard or the

8 Reserve Officers Training Corps, while in the performance

9 of their official duties.

10 (7) Possession or exhibition of non-serialized handgun

11 ammunition by a museum or collector, in a fixed or mobile

12 exhibit or for educational purposes.

13 (8) Transportation of non-serialized handgun

14 ammunition by those permitted to be in possession of that

15 ammunition and firearms for that ammunition from their

16 residence to public and private shooting events and ranges

17 for a period of 10 years after the effective date of this

18 amendatory act of the 103rd General Assembly.

19 (9) Transfer of non-serialized handgun ammunition from

20 a retail mercantile establishment in this state to another

21 retail mercantile establishment outside this State.

22 (10) Possession of non-serialized handgun ammunition

23 inventory by a retail mercantile establishment

24 manufactured before January 1, 2024 and possessed by the

25 retail mercantile establishment until that inventory is

26 sold or exhausted in compliance with this Article.

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1 (11) Possession of non-serialized handgun ammunition

2 by a person issued a concealed carry license by the

3 Illinois State Police under the Firearm Concealed Carry

4 Act or issued a Firearm Owner's Identification Card by the

5 Illinois State Police under the Firearm Owners

6 Identification Card Act on his or her person, in a

7 firearm, or in a vehicle for 15 years after the effective

8 date of this amendatory Act of the 103rd General Assembly.

9 (12) Possession of non-serialized handgun ammunition

10 by persons engaged in the development of new calibers, new

11 rifles, new handguns, and ammunition that is used in those

12 rifles and handguns or modifications to existing rifles or

13 handguns. Possession of non-serialized handgun ammunition

14 under this paragraph (12) must be in compliance with this

15 Article, the number of rounds must not exceed 15,000, must

16 be used solely for development purposes, and must be

17 transported with the firearms for which they are used.

18 (13) Possession of non-serialized handgun ammunition

19 by persons engaged in the non-commercial reloading of

20 ammunition.

21 (14) Possession and storage of non-serialized handgun

22 ammunition in the owner's dwelling, farm, or farm

23 outbuilding, or while at a public or private firearm

24 range.

25 (15) Possession of non-serialized handgun ammunition

26 by persons involved in the protection of dignitaries from

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1 domestic or foreign governments under the direction and

2 authorization of the Illinois State Police, which may

3 charge a fee for use of that ammunition which shall not

4 exceed the cost of that ammunition to the Illinois State

5 Police.

6 (16) Ammunition used in black powder firearms

7 regardless of the date of manufacture of the firearms.

8 (17) Projectiles that are determined by the Illinois

9 State Police to be less than lethal that may be fired from

10 devices that are in possession of persons lawfully able to

11 possess those devices.

12 (g-16) The Illinois State Police shall annually review the

13 exemptions contained in subsection (g-15) of this Section and

14 make recommendations to the Governor and General Assembly for

15 changes in exemptions permitted by subsection (g-15).

16 (h) An information or indictment based upon a violation of

17 any subsection of this Article need not negative any

18 exemptions contained in this Article. The defendant shall have

19 the burden of proving such an exemption.

20 (i) Nothing in this Article shall prohibit, apply to, or

21 affect the transportation, carrying, or possession, of any

22 pistol or revolver, stun gun, taser, or other firearm

23 consigned to a common carrier operating under license of the

24 State of Illinois or the federal government, where such

25 transportation, carrying, or possession is incident to the

26 lawful transportation in which such common carrier is engaged;

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1 and nothing in this Article shall prohibit, apply to, or

2 affect the transportation, carrying, or possession of any

3 pistol, revolver, stun gun, taser, or other firearm, not the

4 subject of and regulated by subsection 24-1(a)(7) or

5 subsection 24-2(c) of this Article, which is unloaded and

6 enclosed in a case, firearm carrying box, shipping box, or

7 other container, by the possessor of a valid Firearm Owners

8 Identification Card.

9 (Source: P.A. 101-80, eff. 7-12-19; 102-152, eff. 1-1-22;

10 102-779, eff. 1-1-23; 102-837, eff. 5-13-22; revised

11 12-14-22.)

12 (720 ILCS 5/24-4) (from Ch. 38, par. 24-4)

13 Sec. 24-4. Register of sales by dealer.

14 (a) Any seller of firearms of a size which may be concealed

15 upon the person, other than a manufacturer selling to a bona

16 fide wholesaler or retailer or a wholesaler selling to a bona

17 fide retailer, shall keep a register of all firearms sold or

18 given away.

19 (b) Such register shall contain the date of the sale or

20 gift, the name, address, age and occupation of the person to

21 whom the weapon is sold or given, the price of the weapon, the

22 kind, description and number of the weapon, and the purpose

23 for which it is purchased and obtained.

24 (c) Such seller on demand of a peace officer shall produce

25 for inspection the register and allow such peace officer to

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1 inspect such register and all stock on hand.

2 (c-5) Beginning January 1, 2024, the Illinois State Police

3 shall maintain a centralized registry of all reports of

4 handgun ammunition transactions reported to the Illinois State

5 Police under Section 24-1.13, in a manner prescribed by the

6 Illinois State Police. Information in the registry, upon

7 proper application for that information, shall be furnished to

8 the officers listed in Section 24-1.13, or to the person

9 listed in the registry as the owner of the particular handgun

10 ammunition.

11 (d) Sentence.

12 Violation of this Section is a Class B misdemeanor.

13 (Source: P.A. 77-2638.)

14 Article 99.

15 Section 99-95. No acceleration or delay. Where this Act

16 makes changes in a statute that is represented in this Act by

17 text that is not yet or no longer in effect (for example, a

18 Section represented by multiple versions), the use of that

19 text does not accelerate or delay the taking effect of (i) the

20 changes made by this Act or (ii) provisions derived from any

21 other Public Act.

22 Section 99-97. Severability. The provisions of this Act

23 are severable under Section 1.31 of the Statute on Statutes.

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1 Section 99-99. Effective date. This Act takes effect upon

2 becoming law.

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1 INDEX

2 Statutes amended in order of appearance

3 New Act

4 5 ILCS 100/5-45.38 new

5 30 ILCS 105/5.990 new

6 30 ILCS 105/5.991 new

7 105 ILCS 5/10-20.82 new

8 105 ILCS 5/34-18.77 new

9 110 ILCS 330/15 new

10 210 ILCS 85/6.34 new

11 405 ILCS 5/6-103.3

12 405 ILCS 80/7-5 new

13 430 ILCS 65/3 from Ch. 38, par. 83-3

14 430 ILCS 65/3.4 new

15 430 ILCS 65/8.1 from Ch. 38, par. 83-8.1

16 430 ILCS 67/5

17 430 ILCS 67/10

18 430 ILCS 67/40

19 430 ILCS 67/58 new

20 430 ILCS 67/63 new

21 720 ILCS 5/24-1 from Ch. 38, par. 24-1

22 720 ILCS 5/24-3 from Ch. 38, par. 24-3

23 720 ILCS 5/24-3.5

24 725 ILCS 5/112A-14 from Ch. 38, par. 112A-14

25 750 ILCS 60/214 from Ch. 40, par. 2312-14

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