99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB6028

Introduced , by Rep. Martin J. Moylan

SYNOPSIS AS INTRODUCED:

`430 ILCS 65/1.1`	`from Ch. 38, par. 83-1.1`
`430 ILCS 65/8`	`from Ch. 38, par. 83-8`
`430 ILCS 65/8.3 new`

Amends the Firearm Owners Identification Card Act. Provides that an immediate family member of a person or a law enforcement officer may file a petition requesting that the court issue either a plenary or ex parte gun violence restraining order enjoining the subject of the petition from having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm or firearm ammunition. Provides that a court may issue a gun violence restraining order if the petition, supported by an affidavit made in writing and signed by the petitioner under oath, or an oral statement, and any additional information provided to the court that shows that there is a substantial likelihood that both of the following are true: (1) the subject of the petition poses a clear and present danger of personal injury to himself, herself, or another by having in his or her custody or control, owning, purchasing, possessing, or receiving a firearm; and (2) a gun violence restraining order is necessary to prevent personal injury to the subject of the petition or another because less restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition.

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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning safety.

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

3 represented in the General Assembly:

4 Section 5. The Firearm Owners Identification Card Act is

5 amended by changing Sections 1.1 and 8 and by adding Section

6 8.3 as follows:

7 (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)

8 Sec. 1.1. For purposes of this Act:

9 "Addicted to narcotics" means a person who has been:

10 (1) convicted of an offense involving the use or

11 possession of cannabis, a controlled substance, or

12 methamphetamine within the past year; or

13 (2) determined by the Department of State Police to be

14 addicted to narcotics based upon federal law or federal

15 guidelines.

16 "Addicted to narcotics" does not include possession or use

17 of a prescribed controlled substance under the direction and

18 authority of a physician or other person authorized to

19 prescribe the controlled substance when the controlled

20 substance is used in the prescribed manner.

21 "Adjudicated as a person with a mental disability" means

22 the person is the subject of a determination by a court, board,

23 commission or other lawful authority that the person, as a

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1 result of marked subnormal intelligence, or mental illness,

2 mental impairment, incompetency, condition, or disease:

3 (1) presents a clear and present danger to himself,

4 herself, or to others;

5 (2) lacks the mental capacity to manage his or her own

6 affairs or is adjudicated a person with a disability as

7 defined in Section 11a-2 of the Probate Act of 1975;

8 (3) is not guilty in a criminal case by reason of

9 insanity, mental disease or defect;

10 (3.5) is guilty but mentally ill, as provided in

11 Section 5-2-6 of the Unified Code of Corrections;

12 (4) is incompetent to stand trial in a criminal case;

13 (5) is not guilty by reason of lack of mental

14 responsibility under Articles 50a and 72b of the Uniform

15 Code of Military Justice, 10 U.S.C. 850a, 876b;

16 (6) is a sexually violent person under subsection (f)

17 of Section 5 of the Sexually Violent Persons Commitment

18 Act;

19 (7) is a sexually dangerous person under the Sexually

20 Dangerous Persons Act;

21 (8) is unfit to stand trial under the Juvenile Court

22 Act of 1987;

23 (9) is not guilty by reason of insanity under the

24 Juvenile Court Act of 1987;

25 (10) is subject to involuntary admission as an

26 inpatient as defined in Section 1-119 of the Mental Health

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1 and Developmental Disabilities Code;

2 (11) is subject to involuntary admission as an

3 outpatient as defined in Section 1-119.1 of the Mental

4 Health and Developmental Disabilities Code;

5 (12) is subject to judicial admission as set forth in

6 Section 4-500 of the Mental Health and Developmental

7 Disabilities Code; or

8 (13) is subject to the provisions of the Interstate

9 Agreements on Sexually Dangerous Persons Act.

10 "Clear and present danger" means a person who:

11 (1) communicates a serious threat of physical violence

12 against a reasonably identifiable victim or poses a clear

13 and imminent risk of serious physical injury to himself,

14 herself, or another person as determined by a physician,

15 clinical psychologist, or qualified examiner; or

16 (2) demonstrates threatening physical or verbal

17 behavior, such as violent, suicidal, or assaultive

18 threats, actions, or other behavior, as determined by a

19 physician, clinical psychologist, qualified examiner,

20 school administrator, or law enforcement official.

21 "Clinical psychologist" has the meaning provided in

22 Section 1-103 of the Mental Health and Developmental

23 Disabilities Code.

24 "Controlled substance" means a controlled substance or

25 controlled substance analog as defined in the Illinois

26 Controlled Substances Act.

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1 "Counterfeit" means to copy or imitate, without legal

2 authority, with intent to deceive.

3 ~~disability~~

4 ~~This disability results in the professional opinion of a~~

5 ~~physician, clinical psychologist, or qualified examiner, in~~

6 ~~significant functional limitations in 3 or more of the~~

7 ~~following areas of major life activity:~~

8 ~~(i) self-care;~~

9 ~~(ii) receptive and expressive language;~~

10 ~~(iii) learning;~~

11 ~~(iv) mobility; or~~

12 ~~(v) self-direction.~~

13 "Federally licensed firearm dealer" means a person who is

14 licensed as a federal firearms dealer under Section 923 of the

15 federal Gun Control Act of 1968 (18 U.S.C. 923).

16 "Firearm" means any device, by whatever name known, which

17 is designed to expel a projectile or projectiles by the action

18 of an explosion, expansion of gas or escape of gas; excluding,

19 however:

20 (1) any pneumatic gun, spring gun, paint ball gun, or

21 B-B gun which expels a single globular projectile not

22 exceeding .18 inch in diameter or which has a maximum

23 muzzle velocity of less than 700 feet per second;

24 (1.1) any pneumatic gun, spring gun, paint ball gun, or

25 B-B gun which expels breakable paint balls containing

26 washable marking colors;

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1 (2) any device used exclusively for signalling or

2 safety and required or recommended by the United States

3 Coast Guard or the Interstate Commerce Commission;

4 (3) any device used exclusively for the firing of stud

5 cartridges, explosive rivets or similar industrial

6 ammunition; and

7 (4) an antique firearm (other than a machine-gun)

8 which, although designed as a weapon, the Department of

9 State Police finds by reason of the date of its

10 manufacture, value, design, and other characteristics is

11 primarily a collector's item and is not likely to be used

12 as a weapon.

13 "Firearm ammunition" means any self-contained cartridge or

14 shotgun shell, by whatever name known, which is designed to be

15 used or adaptable to use in a firearm; excluding, however:

16 (1) any ammunition exclusively designed for use with a

17 device used exclusively for signalling or safety and

18 required or recommended by the United States Coast Guard or

19 the Interstate Commerce Commission; and

20 (2) any ammunition designed exclusively for use with a

21 stud or rivet driver or other similar industrial

22 ammunition.

23 "Gun show" means an event or function:

24 (1) at which the sale and transfer of firearms is the

25 regular and normal course of business and where 50 or more

26 firearms are displayed, offered, or exhibited for sale,

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1 transfer, or exchange; or

2 (2) at which not less than 10 gun show vendors display,

3 offer, or exhibit for sale, sell, transfer, or exchange

4 firearms.

5 "Gun show" includes the entire premises provided for an

6 event or function, including parking areas for the event or

7 function, that is sponsored to facilitate the purchase, sale,

8 transfer, or exchange of firearms as described in this Section.

9 Nothing in this definition shall be construed to exclude a gun

10 show held in conjunction with competitive shooting events at

11 the World Shooting Complex sanctioned by a national governing

12 body in which the sale or transfer of firearms is authorized

13 under subparagraph (5) of paragraph (g) of subsection (A) of

14 Section 24-3 of the Criminal Code of 2012.

15 Unless otherwise expressly stated, "gun show" does not

16 include training or safety classes, competitive shooting

17 events, such as rifle, shotgun, or handgun matches, trap,

18 skeet, or sporting clays shoots, dinners, banquets, raffles, or

19 any other event where the sale or transfer of firearms is not

20 the primary course of business.

21 "Gun show promoter" means a person who organizes or

22 operates a gun show.

23 "Gun show vendor" means a person who exhibits, sells,

24 offers for sale, transfers, or exchanges any firearms at a gun

25 show, regardless of whether the person arranges with a gun show

26 promoter for a fixed location from which to exhibit, sell,

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1 offer for sale, transfer, or exchange any firearm.

2 "Gun violence restraining order" means an order, in

3 writing, signed by the court, prohibiting and enjoining a named

4 person from having in his or her custody or control, owning,

5 purchasing, possessing, or receiving any firearms or firearm

6 ammunition and ordering the seizure of the named person's

7 firearms, Firearm Owner's Identification Card and concealed

8 carry license, if any, during the duration of the order.

9 "Immediate family" means any spouse, whether by marriage or

10 not, parent, child, any person related by consanguinity or

11 affinity within the second degree, or any other person who

12 regularly resides in the household, or who, within the prior 6

13 months, regularly resided in the household.

14 "Involuntarily admitted" has the meaning as prescribed in

15 Sections 1-119 and 1-119.1 of the Mental Health and

16 Developmental Disabilities Code.

17 "Mental health facility" means any licensed private

18 hospital or hospital affiliate, institution, or facility, or

19 part thereof, and any facility, or part thereof, operated by

20 the State or a political subdivision thereof which provide

21 treatment of persons with mental illness and includes all

22 hospitals, institutions, clinics, evaluation facilities,

23 mental health centers, colleges, universities, long-term care

24 facilities, and nursing homes, or parts thereof, which provide

25 treatment of persons with mental illness whether or not the

26 primary purpose is to provide treatment of persons with mental

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1 illness.

2 "National governing body" means a group of persons who

3 adopt rules and formulate policy on behalf of a national

4 firearm sporting organization.

5 "Patient" means:

6 (1) a person who voluntarily receives mental health

7 treatment as an in-patient or resident of any public or

8 private mental health facility, unless the treatment was

9 solely for an alcohol abuse disorder and no other secondary

10 substance abuse disorder or mental illness; or

11 (2) a person who voluntarily receives mental health

12 treatment as an out-patient or is provided services by a

13 public or private mental health facility, and who poses a

14 clear and present danger to himself, herself, or to others.

15 "Person with a developmental disability" means a person

16 with a disability which is attributable to any other condition

17 which results in impairment similar to that caused by an

18 intellectual disability and which requires services similar to

19 those required by persons with intellectual disabilities. The

20 disability must originate before the age of 18 years, be

21 expected to continue indefinitely, and constitute a

22 substantial disability. This disability results, in the

23 professional opinion of a physician, clinical psychologist, or

24 qualified examiner, in significant functional limitations in 3

25 or more of the following areas of major life activity:

26 (i) self-care;

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1 (ii) receptive and expressive language;

2 (iii) learning;

3 (iv) mobility; or

4 (v) self-direction.

5 "Person with an intellectual disability" means a person

6 with a significantly subaverage general intellectual

7 functioning which exists concurrently with impairment in

8 adaptive behavior and which originates before the age of 18

9 years.

10 "Physician" has the meaning as defined in Section 1-120 of

11 the Mental Health and Developmental Disabilities Code.

12 "Qualified examiner" has the meaning provided in Section

13 1-122 of the Mental Health and Developmental Disabilities Code.

14 "Sanctioned competitive shooting event" means a shooting

15 contest officially recognized by a national or state shooting

16 sport association, and includes any sight-in or practice

17 conducted in conjunction with the event.

18 "School administrator" means the person required to report

19 under the School Administrator Reporting of Mental Health Clear

20 and Present Danger Determinations Law.

21 "Stun gun or taser" has the meaning ascribed to it in

22 Section 24-1 of the Criminal Code of 2012.

23 (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,

24 eff. 7-27-15; revised 10-20-15.)

25 (430 ILCS 65/8) (from Ch. 38, par. 83-8)

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1 Sec. 8. Grounds for denial and revocation. The Department

2 of State Police has authority to deny an application for or to

3 revoke and seize a Firearm Owner's Identification Card

4 previously issued under this Act only if the Department finds

5 that the applicant or the person to whom such card was issued

6 is or was at the time of issuance:

7 (a) A person under 21 years of age who has been

8 convicted of a misdemeanor other than a traffic offense or

9 adjudged delinquent;

10 (b) A person under 21 years of age who does not have

11 the written consent of his parent or guardian to acquire

12 and possess firearms and firearm ammunition, or whose

13 parent or guardian has revoked such written consent, or

14 where such parent or guardian does not qualify to have a

15 Firearm Owner's Identification Card;

16 (c) A person convicted of a felony under the laws of

17 this or any other jurisdiction;

18 (d) A person addicted to narcotics;

19 (e) A person who has been a patient of a mental health

20 facility within the past 5 years or a person who has been a

21 patient in a mental health facility more than 5 years ago

22 who has not received the certification required under

23 subsection (u) of this Section. An active law enforcement

24 officer employed by a unit of government who is denied,

25 revoked, or has his or her Firearm Owner's Identification

26 Card seized under this subsection (e) may obtain relief as

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1 described in subsection (c-5) of Section 10 of this Act if

2 the officer did not act in a manner threatening to the

3 officer, another person, or the public as determined by the

4 treating clinical psychologist or physician, and the

5 officer seeks mental health treatment;

6 (f) A person whose mental condition is of such a nature

7 that it poses a clear and present danger to the applicant,

8 any other person or persons or the community;

9 (g) A person who has an intellectual disability;

10 (h) A person who intentionally makes a false statement

11 in the Firearm Owner's Identification Card application;

12 (i) An alien who is unlawfully present in the United

13 States under the laws of the United States;

14 (i-5) An alien who has been admitted to the United

15 States under a non-immigrant visa (as that term is defined

16 in Section 101(a)(26) of the Immigration and Nationality

17 Act (8 U.S.C. 1101(a)(26))), except that this subsection

18 (i-5) does not apply to any alien who has been lawfully

19 admitted to the United States under a non-immigrant visa if

20 that alien is:

21 (1) admitted to the United States for lawful

22 hunting or sporting purposes;

23 (2) an official representative of a foreign

24 government who is:

25 (A) accredited to the United States Government

26 or the Government's mission to an international

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1 organization having its headquarters in the United

2 States; or

3 (B) en route to or from another country to

4 which that alien is accredited;

5 (3) an official of a foreign government or

6 distinguished foreign visitor who has been so

7 designated by the Department of State;

8 (4) a foreign law enforcement officer of a friendly

9 foreign government entering the United States on

10 official business; or

11 (5) one who has received a waiver from the Attorney

12 General of the United States pursuant to 18 U.S.C.

13 922(y)(3);

14 (j) (Blank);

15 (k) A person who has been convicted within the past 5

16 years of battery, assault, aggravated assault, violation

17 of an order of protection, or a substantially similar

18 offense in another jurisdiction, in which a firearm was

19 used or possessed;

20 (l) A person who has been convicted of domestic

21 battery, aggravated domestic battery, or a substantially

22 similar offense in another jurisdiction committed before,

23 on or after January 1, 2012 (the effective date of Public

24 Act 97-158). If the applicant or person who has been

25 previously issued a Firearm Owner's Identification Card

26 under this Act knowingly and intelligently waives the right

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1 to have an offense described in this paragraph (l) tried by

2 a jury, and by guilty plea or otherwise, results in a

3 conviction for an offense in which a domestic relationship

4 is not a required element of the offense but in which a

5 determination of the applicability of 18 U.S.C. 922(g)(9)

6 is made under Section 112A-11.1 of the Code of Criminal

7 Procedure of 1963, an entry by the court of a judgment of

8 conviction for that offense shall be grounds for denying an

9 application for and for revoking and seizing a Firearm

10 Owner's Identification Card previously issued to the

11 person under this Act;

12 (m) (Blank);

13 (n) A person who is prohibited from acquiring or

14 possessing firearms or firearm ammunition by any Illinois

15 State statute or by federal law;

16 (o) A minor subject to a petition filed under Section

17 5-520 of the Juvenile Court Act of 1987 alleging that the

18 minor is a delinquent minor for the commission of an

19 offense that if committed by an adult would be a felony;

20 (p) An adult who had been adjudicated a delinquent

21 minor under the Juvenile Court Act of 1987 for the

22 commission of an offense that if committed by an adult

23 would be a felony;

24 (q) A person who is not a resident of the State of

25 Illinois, except as provided in subsection (a-10) of

26 Section 4;

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1 (r) A person who has been adjudicated as a person with

2 a mental disability;

3 (s) A person who has been found to have a developmental

4 disability;

5 (t) A person involuntarily admitted into a mental

6 health facility; ~~or~~

7 (u) A person who has had his or her Firearm Owner's

8 Identification Card revoked or denied under subsection (e)

9 of this Section or item (iv) of paragraph (2) of subsection

10 (a) of Section 4 of this Act because he or she was a

11 patient in a mental health facility as provided in

12 subsection (e) of this Section, shall not be permitted to

13 obtain a Firearm Owner's Identification Card, after the

14 5-year period has lapsed, unless he or she has received a

15 mental health evaluation by a physician, clinical

16 psychologist, or qualified examiner as those terms are

17 defined in the Mental Health and Developmental

18 Disabilities Code, and has received a certification that he

19 or she is not a clear and present danger to himself,

20 herself, or others. The physician, clinical psychologist,

21 or qualified examiner making the certification and his or

22 her employer shall not be held criminally, civilly, or

23 professionally liable for making or not making the

24 certification required under this subsection, except for

25 willful or wanton misconduct. This subsection does not

26 apply to a person whose firearm possession rights have been

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1 restored through administrative or judicial action under

2 Section 10 or 11 of this Act; or

3 (v) A person who is subject to a gun violence

4 restraining order issued under Section 8.3 of this Act

5 during the duration of the order.

6 Upon revocation of a person's Firearm Owner's

7 Identification Card, the Department of State Police shall

8 provide notice to the person and the person shall comply with

9 Section 9.5 of this Act.

10 (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756,

11 eff. 7-16-14; 99-143, eff. 7-27-15.)

12 (430 ILCS 65/8.3 new)

13 Sec. 8.3. Gun violence restraining order.

14 (a) The Supreme Court may prescribe the form of the

15 petitions and orders and any other documents, and may adopt any

16 rules of court, necessary to implement this Section.

17 (b) An immediate family member of a person or a law

18 enforcement officer may file a petition requesting that the

19 court issue either a plenary or ex parte gun violence

20 restraining order enjoining the subject of the petition from

21 having in his or her custody or control, owning, purchasing,

22 possessing, or receiving a firearm or firearm ammunition. A

23 petition for a gun violence restraining order shall describe

24 the number, types, and locations of any firearms and firearm

25 ammunition presently believed by the petitioner to be possessed

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1 or controlled by the subject of the petition. Prior to a

2 hearing on the issuance, renewal, or termination of an order

3 under this Section, the court shall ensure that a search of

4 LEADS and other law enforcement databases is conducted of any

5 conviction information of the respondent for a forcible felony;

6 any misdemeanor conviction involving domestic violence,

7 weapons, or other violence; any outstanding warrant; parole,

8 mandatory supervised release, aftercare release, probation, or

9 conditional discharge status; any prior restraining order; and

10 any violation of a prior restraining order. After issuing its

11 ruling, the court shall provide the advisement to the parties

12 that the information obtained from the search conducted under

13 this subsection (b) is confidential and may be released only to

14 the parties and their counsels, and court personnel. The court

15 shall keep information obtained from a search conducted under

16 this subsection (b) confidential in accordance with this

17 subsection (b). The court shall notify the Department of State

18 Police when a gun violence restraining order has been issued or

19 renewed under this Section no later than one court day after

20 issuing or renewing the order.

21 (c) A court may issue a gun violence restraining order if

22 the petition, supported by an affidavit made in writing and

23 signed by the petitioner under oath, or an oral statement, and

24 any additional information provided to the court that shows

25 that there is a substantial likelihood that both of the

26 following are true:

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1 (1) the subject of the petition poses a clear and

2 present danger of personal injury to himself, herself, or

3 another by having in his or her custody or control, owning,

4 purchasing, possessing, or receiving a firearm as

5 determined by considering the factors listed in subsection

6 (f) of this Section; and

7 (2) a gun violence restraining order is necessary to

8 prevent personal injury to the subject of the petition or

9 another because less restrictive alternatives either have

10 been tried and found to be ineffective, or are inadequate

11 or inappropriate for the circumstances of the subject of

12 the petition.

13 (d) An affidavit supporting a petition for the issuance of

14 a gun violence restraining order shall set forth the facts

15 tending to establish the grounds of the petition, or the reason

16 for believing that grounds exist.

17 (e) If the court determines that the petitioner,

18 respondent, or another person is in imminent danger of death or

19 great bodily harm because of an act of the respondent, the

20 court may issue an ex parte gun violence restraining order

21 without notice and hearing. An ex parte order under this

22 subsection (e) shall be issued or denied on the same day that

23 the petition is submitted to the court, unless the petition is

24 filed too late in the day to permit effective review, in which

25 case the order shall be issued or denied on the next day of

26 judicial business in sufficient time for the order to be filed

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1 that day with the clerk of the court. The court, before issuing

2 an ex parte gun violence restraining order, shall examine on

3 oath, the petitioner and any witness the petitioner may

4 produce. In lieu of examining the petitioner and any witness

5 the petitioner may produce, the court may require the

6 petitioner and any witness to submit a written affidavit signed

7 under oath.

8 (f) In determining whether grounds for a gun violence

9 restraining order exist, the court shall consider all evidence

10 of the following:

11 (1) a recent threat of violence or act of violence by

12 the subject of the petition directed toward another;

13 (2) a recent threat of violence or act of violence by

14 the subject of the petition directed toward himself or

15 herself;

16 (3) a violation of an emergency order of protection

17 issued under Section 112A-17 of the Code of Criminal

18 Procedure of 1963 or under Section 217 of the Illinois

19 Domestic Violence Act of 1986 that is in effect at the time

20 the court is considering the petition;

21 (4) a recent violation of an unexpired order of

22 protection issued under Section 112A-14, 112A-18, or

23 112A-19 of the Code of Criminal Procedure of 1963 or under

24 Section 214, 218, or 219 of the Illinois Domestic Violence

25 Act of 1986, a stalking no contact order issued under

26 Section 80, 95, or 100 of the Stalking No Contact Order

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1 Act, or a civil no contact order issued under Section 213,

2 214, or 215 of the Civil No Contact Order Act;

3 (5) a conviction for any offense under Article 24 of

4 the Criminal Code of 2012;

5 (6) a pattern of violent acts or violent threats within

6 the past 12 months, including, but not limited to, threats

7 of violence or acts of violence by the subject of the

8 petition directed toward himself, herself, or another. In

9 determining whether grounds for a gun violence restraining

10 order exist, the court may consider any other evidence of

11 an increased risk for violence, including, but not limited

12 to, evidence of any of the following:

13 (i) the unlawful and reckless use, display, or

14 brandishing of a firearm by the subject of the

15 petition;

16 (ii) the history of use, attempted use, or

17 threatened use of physical force by the subject of the

18 petition against another person;

19 (iii) any prior arrest of the subject of the

20 petition for a felony offense;

21 (iv) any history of a violation by the subject of

22 the petition of an emergency order of protection issued

23 under Section 112A-17 of the Code of Criminal Procedure

24 of 1963 or under Section 217 of the Illinois Domestic

25 Violence Act of 1986 that is in effect at the time the

26 court is considering the petition;

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1 (v) any history of a violation by the subject of

2 the petition of a order of protection issued under

3 Section 112A-14, 112A-18, or 112A-19 of the Code of

4 Criminal Procedure of 1963 or under Section 214, 218,

5 or 219 of the Illinois Domestic Violence Act of 1986, a

6 stalking no contact order issued under Section 80, 95,

7 or 100 of the Stalking No Contact Order Act, or a civil

8 no contact order issued under Section 213, 214, or 215

9 of the Civil No Contact Order Act;

10 (vi) documentary evidence, including, but not

11 limited to, police reports and records of convictions,

12 of either recent criminal offenses by the subject of

13 the petition that involve controlled substances or

14 alcohol or ongoing abuse of controlled substances or

15 alcohol by the subject of the petition; or

16 (vii) evidence of recent acquisition of firearms,

17 ammunition, or other deadly weapons. As used in this

18 item (vii), "recent" means within the 6 months prior to

19 the date the petition was filed.

20 (g) If the court determines that there are grounds to issue

21 an ex parte gun violence restraining order exist, it shall

22 issue an ex parte gun violence restraining order that prohibits

23 the subject of the petition from having in his or her custody

24 or control, owning, purchasing, possessing, or receiving, or

25 attempting to purchase or receive, a firearm or ammunition, and

26 expires no later than 21 days from the date of the order. The

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1 order shall also require that the Department of State Police

2 seize the respondent's firearms, firearm ammunition, Firearm

3 Owner's Identification Card, and concealed carry license, if

4 applicable. The respondent's firearms, firearm ammunition,

5 Firearm Owner's Identification Card, and concealed carry

6 license, if applicable shall be returned to the respondent upon

7 expiration of the order.

8 (h) A gun violence restraining order issued under this

9 Section shall include all of the following:

10 (1) a statement of the grounds supporting the issuance

11 of the order;

12 (2) the date and time the order expires;

13 (3) the address of the circuit court in which any

14 responsive pleading should be filed;

15 (4) the date and time of the scheduled hearing; and

16 (5) the following statement:

17 "To the restrained person: This order will last

18 until .... (the date and time noted in the order). If

19 you have not done so already, you must surrender all

20 firearms and firearm ammunition that you own or possess

21 and your Firearm Owner's Identification Card and

22 concealed carry license if one has been issued to you

23 in accordance with Section 8.3 of the Firearm Owners

24 Identification Card Act. You may not have in your

25 custody or control, own, purchase, possess, or

26 receive, or attempt to purchase or receive a firearm or

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1 ammunition, while this order is in effect. Under

2 Section 8.3 of the Firearm Owners Identification Card

3 Act, you have the right to request one hearing to

4 terminate this order at any time during its effective

5 period. You may seek the advice of an attorney as to

6 any matter connected with the order."

7 (i) (1) A gun violence restraining order shall be

8 personally served on the restrained person by a person

9 authorized to serve process under Section 2-202 of the Code of

10 Civil Procedure, if the restrained person can reasonably be

11 located.

12 (2) When serving an ex parte gun violence restraining

13 order, a law enforcement officer shall inform the restrained

14 person of the hearing scheduled under this Section. Within 21

15 days after the date on the order, before the court that issued

16 the order or another court in the same circuit, the court shall

17 hold a hearing under this Section to determine if a gun

18 violence restraining order should be issued under this Section.

19 (j) When the court issues a plenary gun violence

20 restraining order under this Section, the court shall inform

21 the restrained person that he or she is entitled to one hearing

22 to request a termination of the order under this Section, and

23 shall provide the restrained person with a form to request a

24 hearing.

25 (k) A person subject to a gun violence restraining order

26 issued under this Section may submit one written request at any

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1 time during the effective period of the order for a hearing to

2 terminate the order.

3 (l) If the court finds after the hearing that there is no

4 longer clear and convincing evidence to believe that paragraphs

5 (1) and (2) of subsection (c) of this Section are true, the

6 court shall terminate the order.

7 (m) An immediate family member of a restrained person or a

8 law enforcement officer may request a renewal of a gun violence

9 restraining order at any time within the 3 months before the

10 expiration of a gun violence restraining order.

11 (n) A court may, after notice and a hearing, renew a gun

12 violence restraining order issued under this Section if the

13 petitioner proves, by clear and convincing evidence, that

14 paragraphs (1) and (2) of subsection (c) of this Section

15 continue to be true.

16 (o) In determining whether to renew a gun violence

17 restraining order issued under this Section, the court shall

18 consider evidence of the facts identified in subsection (f) of

19 this Section.

20 (p) At the hearing, the petitioner shall have the burden of

21 proving, by clear and convincing evidence, that paragraphs (1)

22 and (2) of subsection (c) of this Section are true.

23 (q) If the renewal petition is supported by clear and

24 convincing evidence, the court shall renew the gun violence

25 restraining order issued under this Section.

26 (r) The renewal of a gun violence restraining order issued

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1 under this Section shall have a duration of one year, subject

2 to termination by further order of the court at a hearing held

3 under this Section and further renewal by further order of the

4 court under this Section.

5 (s) A gun violence restraining order renewed under this

6 Section shall include the information identified in subsection

7 (f) of this Section. Any hearing held under this Section may be

8 continued upon a showing of good cause. Any existing order

9 issued under this Section shall remain in full force and effect

10 during the period of continuance.

11 (t) If a person subject to a gun violence restraining order

12 issued or renewed under this Section was not present in court

13 at the time the order was issued or renewed, the gun violence

14 restraining order shall be personally served on the restrained

15 person by a person authorized to serve process under Section

16 2-202 of the Code of Civil Procedure, if the restrained person

17 can reasonably be located.

18 (u) Nothing in this Section shall be interpreted to require

19 a law enforcement agency or a law enforcement officer to seek a

20 gun violence restraining order in any case, including, but not

21 limited to, in a case in which the agency or officer concludes,

22 after investigation, that the criteria for issuance of a gun

23 violence restraining order are not satisfied.