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

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

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1		(2) the Director of the Illinois State Police or his
2		or her designee;
3		(3) at least 3 State's Attorneys, nominated by the
4		Director of the Office of the State's Attorneys Appellate
5		Prosecutor;
6		(4) at least 2 municipal police department
7		representatives, nominated by the Illinois Association of
8		Chiefs of Police;
9		(5) an Illinois sheriff, nominated by the Illinois
10		Sheriffs' Association;
11		(6) a nonprofit organization whose mission is to
12		reduce gun violence with experience educating the public
13		about the Firearms Restraining Order Act, nominated by
14		such an organization whose membership is the most numerous
15		in Illinois;
16		(7) the Illinois Law Enforcement Training Standards
17		Board, nominated by the Executive Director of the Board;
18		(8) a representative from a public defender's office,
19		nominated by the State Appellate Defender;
20		(9) a circuit court judge, nominated by the Chief
21		Justice of the Supreme Court;
22		(10) a prosecutor with experience managing or
23		directing a program in another state where the
24		implementation of that state's extreme risk protection
25		order law has achieved high rates of petition filings
26		nominated by the National District Attorneys Association;

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1		and
2		(11) an expert from law enforcement who has experience
3		managing or directing a program in another state where the
4		implementation of that state's extreme risk protection
5		order law has achieved high rates of petition filings
6		nominated by the Director of the Illinois State Police.
7		(b) The Commission shall be chaired by the Director of the
8		Illinois State Police or his or her designee. The Commission
9		shall meet, either virtually or in person, to discuss the
10		implementation of the Firearms Restraining Order Act as
11		determined by the Commission while the strategies are being
12		established.
13		(c) The members of the Commission shall serve without
14		compensation and shall serve 3-year terms.
15		(d) An annual report shall be submitted to the General
16		Assembly by the Commission that may include summary
17		information about firearms restraining order use by county,
18		challenges to Firearms Restraining Order Act implementation,
19		and recommendations for increasing and improving
20		implementation.
21		(e) The Commission shall develop a model policy with an
22		overall framework for the timely relinquishment of firearms
23		whenever a firearms restraining order is issued. The model
24		policy shall be finalized within the first 4 months of
25		convening. In formulating the model policy, the Commission
26		shall consult counties in Illinois and other states with

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1		extreme risk protection order laws which have achieved a high
2		rate of petition filings. Once approved, the Illinois State
3		Police shall work with their local law enforcement agencies
4		within their county to design a comprehensive strategy for the
5		timely relinquishment of firearms, using the model policy as
6		an overall framework. Each individual agency may make small
7		modifications as needed to the model policy and must approve
8		and adopt a policy that aligns with the model policy. The
9		Illinois State Police shall convene local police chiefs and
10		sheriffs within their county as needed to discuss the
11		relinquishment of firearms.
12		(f) The Commission shall be dissolved 3 years after the
13		effective date of this amendatory Act of the 102nd General
14		Assembly.
15		(g) This Section is repealed 4 years after the effective
16		date of this amendatory Act of the 102nd General Assembly.
17		Section 15. The Illinois Police Training Act is amended by
18		changing Section 7 and by adding Section 7.1 as follows:
19		(50 ILCS 705/7) (from Ch. 85, par. 507)
20		Sec. 7. Rules and standards for schools. The Board shall
21		adopt rules and minimum standards for such schools which shall
22		include, but not be limited to, the following:
23		a. The curriculum for probationary police officers
24		which shall be offered by all certified schools shall

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1		include, but not be limited to, courses of procedural
2		justice, arrest and use and control tactics, search and
3		seizure, including temporary questioning, civil rights,
4		human rights, human relations, cultural competency,
5		including implicit bias and racial and ethnic sensitivity,
6		criminal law, law of criminal procedure, constitutional
7		and proper use of law enforcement authority, vehicle and
8		traffic law including uniform and non-discriminatory
9		enforcement of the Illinois Vehicle Code, traffic control
10		and accident investigation, techniques of obtaining
11		physical evidence, court testimonies, statements, reports,
12		firearms training, training in the use of electronic
13		control devices, including the psychological and
14		physiological effects of the use of those devices on
15		humans, first-aid (including cardiopulmonary
16		resuscitation), training in the administration of opioid
17		antagonists as defined in paragraph (1) of subsection (e)
18		of Section 5-23 of the Substance Use Disorder Act,
19		handling of juvenile offenders, recognition of mental
20		conditions and crises, including, but not limited to, the
21		disease of addiction, which require immediate assistance
22		and response and methods to safeguard and provide
23		assistance to a person in need of mental treatment,
24		recognition of abuse, neglect, financial exploitation, and
25		self-neglect of adults with disabilities and older adults,
26		as defined in Section 2 of the Adult Protective Services

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1		Act, crimes against the elderly, law of evidence, the
2		hazards of high-speed police vehicle chases with an
3		emphasis on alternatives to the high-speed chase, and
4		physical training. The curriculum shall include specific
5		training in techniques for immediate response to and
6		investigation of cases of domestic violence and of sexual
7		assault of adults and children, including cultural
8		perceptions and common myths of sexual assault and sexual
9		abuse as well as interview techniques that are age
10		sensitive and are trauma informed, victim centered, and
11		victim sensitive. The curriculum shall include training in
12		techniques designed to promote effective communication at
13		the initial contact with crime victims and ways to
14		comprehensively explain to victims and witnesses their
15		rights under the Rights of Crime Victims and Witnesses Act
16		and the Crime Victims Compensation Act. The curriculum
17		shall also include training in effective recognition of
18		and responses to stress, trauma, and post-traumatic stress
19		experienced by police officers that is consistent with
20		Section 25 of the Illinois Mental Health First Aid
21		Training Act in a peer setting, including recognizing
22		signs and symptoms of work-related cumulative stress,
23		issues that may lead to suicide, and solutions for
24		intervention with peer support resources. The curriculum
25		shall include a block of instruction addressing the
26		mandatory reporting requirements under the Abused and

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1		Neglected Child Reporting Act. The curriculum shall also
2		include a block of instruction aimed at identifying and
3		interacting with persons with autism and other
4		developmental or physical disabilities, reducing barriers
5		to reporting crimes against persons with autism, and
6		addressing the unique challenges presented by cases
7		involving victims or witnesses with autism and other
8		developmental disabilities. The curriculum shall include
9		training in the detection and investigation of all forms
10		of human trafficking. The curriculum shall also include
11		instruction in trauma-informed responses designed to
12		ensure the physical safety and well-being of a child of an
13		arrested parent or immediate family member; this
14		instruction must include, but is not limited to: (1)
15		understanding the trauma experienced by the child while
16		maintaining the integrity of the arrest and safety of
17		officers, suspects, and other involved individuals; (2)
18		de-escalation tactics that would include the use of force
19		when reasonably necessary; and (3) inquiring whether a
20		child will require supervision and care. The curriculum
21		for permanent police officers shall include, but not be
22		limited to: (1) refresher and in-service training in any
23		of the courses listed above in this subparagraph, (2)
24		advanced courses in any of the subjects listed above in
25		this subparagraph, (3) training for supervisory personnel,
26		and (4) specialized training in subjects and fields to be

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1		selected by the board. The training in the use of
2		electronic control devices shall be conducted for
3		probationary police officers, including University police
4		officers. The curriculum shall also include training on
5		the use of a firearms restraining order by providing
6		instruction on the process used to file a firearms
7		restraining order, how to identify situations in which a
8		firearms restraining order is appropriate, and how to
9		promote a firearms restraining order in a domestic
10		violence situation.
11		b. Minimum courses of study, attendance requirements
12		and equipment requirements.
13		c. Minimum requirements for instructors.
14		d. Minimum basic training requirements, which a
15		probationary police officer must satisfactorily complete
16		before being eligible for permanent employment as a local
17		law enforcement officer for a participating local
18		governmental agency. Those requirements shall include
19		training in first aid (including cardiopulmonary
20		resuscitation).
21		e. Minimum basic training requirements, which a
22		probationary county corrections officer must
23		satisfactorily complete before being eligible for
24		permanent employment as a county corrections officer for a
25		participating local governmental agency.
26		f. Minimum basic training requirements which a

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1		probationary court security officer must satisfactorily
2		complete before being eligible for permanent employment as
3		a court security officer for a participating local
4		governmental agency. The Board shall establish those
5		training requirements which it considers appropriate for
6		court security officers and shall certify schools to
7		conduct that training.
8		A person hired to serve as a court security officer
9		must obtain from the Board a certificate (i) attesting to
10		his or her successful completion of the training course;
11		(ii) attesting to his or her satisfactory completion of a
12		training program of similar content and number of hours
13		that has been found acceptable by the Board under the
14		provisions of this Act; or (iii) attesting to the Board's
15		determination that the training course is unnecessary
16		because of the person's extensive prior law enforcement
17		experience.
18		Individuals who currently serve as court security
19		officers shall be deemed qualified to continue to serve in
20		that capacity so long as they are certified as provided by
21		this Act within 24 months of June 1, 1997 (the effective
22		date of Public Act 89-685). Failure to be so certified,
23		absent a waiver from the Board, shall cause the officer to
24		forfeit his or her position.
25		All individuals hired as court security officers on or
26		after June 1, 1997 (the effective date of Public Act

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1		89-685) shall be certified within 12 months of the date of
2		their hire, unless a waiver has been obtained by the
3		Board, or they shall forfeit their positions.
4		The Sheriff's Merit Commission, if one exists, or the
5		Sheriff's Office if there is no Sheriff's Merit
6		Commission, shall maintain a list of all individuals who
7		have filed applications to become court security officers
8		and who meet the eligibility requirements established
9		under this Act. Either the Sheriff's Merit Commission, or
10		the Sheriff's Office if no Sheriff's Merit Commission
11		exists, shall establish a schedule of reasonable intervals
12		for verification of the applicants' qualifications under
13		this Act and as established by the Board.
14		g. Minimum in-service training requirements, which a
15		police officer must satisfactorily complete every 3 years.
16		Those requirements shall include constitutional and proper
17		use of law enforcement authority, procedural justice,
18		civil rights, human rights, mental health awareness and
19		response, officer wellness, reporting child abuse and
20		neglect, and cultural competency.
21		h. Minimum in-service training requirements, which a
22		police officer must satisfactorily complete at least
23		annually. Those requirements shall include law updates and
24		use of force training which shall include scenario based
25		training, or similar training approved by the Board.
26		(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;

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1		100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
2		1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
3		eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
4		101-564, eff. 1-1-20; revised 9-10-19.)"; and
5		(50 ILCS 705/7.1 new)
6		Sec. 7.1. Firearms restraining order training.
7		(a) The Illinois Law Enforcement Training Standards Board
8		shall develop and approve a standard curriculum for a training
9		program on the Firearms Restraining Order Act. The Board shall
10		conduct a training program that trains officers on the use of
11		firearms restraining orders, how to identify situations in
12		which a firearms restraining order is appropriate, and how to
13		safely promote the usage of the firearms restraining order in
14		a domestic violence situation. Officers who have successfully
15		completed this program shall be issued a certificate attesting
16		to their attendance.
17		(b) Every law enforcement officer shall complete this
18		training once each year.
19		(c) If adequate training is unavailable, the Illinois Law
20		Enforcement Training Standards Board may approve training to
21		be conducted by a third party.
22		Section 20. The Firearms Restraining Order Act is amended
23		by changing Sections 5, 10, 35, 40, and 45 and by adding
24		Section 85 as follows:

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1		(430 ILCS 67/5)
2		Sec. 5. Definitions. As used in this Act:
3		"Family member of the respondent" means a spouse, former
4		spouse, person with whom the respondent has or allegedly has a
5		child in common, parent, child, or step-child of the
6		respondent, any other person related by blood or present
7		marriage to the respondent, or a person who shares a common
8		dwelling with the respondent.
9		"Firearms restraining order" means an order issued by the
10		court, prohibiting and enjoining a named person from having in
11		his or her custody or control, purchasing, possessing, or
12		receiving any firearms or ammunition, or removing firearm
13		parts that could be assembled to make an operable firearm.
14		"Intimate partner" means a spouse, former spouse, a person
15		with whom the respondent has or allegedly has a child in
16		common, or a person with whom the respondent has or has had a
17		dating or engagement relationship.
18		"Petitioner" means:
19		(1) a family member of the respondent as defined in
20		this Act; or
21		(2) a law enforcement officer who files a petition
22		alleging that the respondent poses a danger of causing
23		personal injury to himself, herself, or another by having
24		in his or her custody or control, purchasing, possessing,
25		or receiving a firearm, ammunition, or firearm parts that

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1		could be assembled to make an operable firearm or removing
2		firearm parts that could be assembled to make an operable
3		firearm.
4		"Respondent" means the person alleged in the petition to
5		pose a danger of causing personal injury to himself, herself,
6		or another by having in his or her custody or control,
7		purchasing, possessing, or receiving a firearm, ammunition, or
8		firearm parts that could be assembled to make an operable
9		firearm or removing firearm parts that could be assembled to
10		make an operable firearm.
11		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
12		(430 ILCS 67/10)
13		Sec. 10. Commencement of action; procedure.
14		(a) An action for a firearms restraining order is
15		commenced by filing a verified petition for a firearms
16		restraining order in any circuit court.
17		(b) A petition for a firearms restraining order may be
18		filed in: (1) any county where the respondent resides or (2)
19		any county where an incident occurred that involved the
20		respondent posing an immediate and present danger of causing
21		personal injury to the respondent or another by having in his
22		or her custody or control, or purchasing, possessing, or
23		receiving, a firearm, ammunition, or firearm parts that could
24		be assembled to make an operable firearm.
25		(c) No fee shall be charged by the clerk for filing,

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1		amending, vacating, certifying, printing, or photocopying
2		petitions or orders; or for issuing alias summons; or for any
3		related filing service. No fee shall be charged by the sheriff
4		or other law enforcement for service by the sheriff or other
5		law enforcement of a petition, rule, motion, or order in an
6		action commenced under this Section.
7		(d) The court shall provide, through the office of the
8		clerk of the court, simplified forms and clerical assistance
9		to help with the writing and filing of a petition under this
10		Section by any person not represented by counsel. In addition,
11		that assistance may be provided by the State's Attorney.
12		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
13		(430 ILCS 67/35)
14		Sec. 35. Ex parte orders and emergency hearings.
15		(a) A petitioner may request an emergency firearms
16		restraining order by filing an affidavit or verified pleading
17		alleging that the respondent poses an immediate and present
18		danger of causing personal injury to himself, herself, or
19		another by having in his or her custody or control,
20		purchasing, possessing, or receiving a firearm, ammunition, or
21		firearm parts that could be assembled to make an operable
22		firearm. The petition shall also describe the type and
23		location of any firearm or firearms, ammunition, or firearm
24		parts that could be assembled to make an operable firearm
25		presently believed by the petitioner to be possessed or

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1		controlled by the respondent.
2		(b) If the respondent is alleged to pose an immediate and
3		present danger of causing personal injury to an intimate
4		partner, or an intimate partner is alleged to have been the
5		target of a threat or act of violence by the respondent, the
6		petitioner shall make a good faith effort to provide notice to
7		any and all intimate partners of the respondent. The notice
8		must include that the petitioner intends to petition the court
9		for an emergency firearms restraining order, and, if the
10		petitioner is a law enforcement officer, referral to relevant
11		domestic violence or stalking advocacy or counseling
12		resources, if appropriate. The petitioner shall attest to
13		having provided the notice in the filed affidavit or verified
14		pleading. If, after making a good faith effort, the petitioner
15		is unable to provide notice to any or all intimate partners,
16		the affidavit or verified pleading should describe what
17		efforts were made.
18		(c) Every person who files a petition for an emergency
19		firearms restraining order, knowing the information provided
20		to the court at any hearing or in the affidavit or verified
21		pleading to be false, is guilty of perjury under Section 32-2
22		of the Criminal Code of 2012.
23		(d) An emergency firearms restraining order shall be
24		issued on an ex parte basis, that is, without notice to the
25		respondent.
26		(e) An emergency hearing held on an ex parte basis shall be

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1		held the same day that the petition is filed or the next day
2		that the court is in session.
3		(f) If a circuit or associate judge finds probable cause
4		to believe that the respondent poses an immediate and present
5		danger of causing personal injury to himself, herself, or
6		another by having in his or her custody or control,
7		purchasing, possessing, or receiving a firearm, ammunition, or
8		firearm parts that could be assembled to make an operable
9		firearm, the circuit or associate judge shall issue an
10		emergency order.
11		(f-5) If the court issues an emergency firearms
12		restraining order, it shall, upon a finding of probable cause
13		that the respondent possesses firearms, ammunition, or firearm
14		parts that could be assembled to make an operable firearm,
15		issue a search warrant directing a law enforcement agency to
16		seize the respondent's firearms, ammunition, and firearm parts
17		that could be assembled to make an operable firearm. The court
18		may, as part of that warrant, direct the law enforcement
19		agency to search the respondent's residence and other places
20		where the court finds there is probable cause to believe he or
21		she is likely to possess the firearms, ammunition, or firearm
22		parts that could be assembled to make an operable firearm. A
23		return of the search warrant shall be filed by the law
24		enforcement agency within 4 days thereafter, setting forth the
25		time, date, and location that the search warrant was executed
26		and what items, if any, were seized.

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

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

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1		parts that could be assembled to make an operable firearm to
2		the respondent or to anyone residing in the same residence as
3		the respondent.
4		(h-6) If a person other than the respondent claims title
5		to any firearms, ammunition, and firearm parts that could be
6		assembled to make an operable firearm surrendered under this
7		Section, he or she may petition the court, if the petitioner is
8		present in court or has notice of the petition, to have the
9		firearm, ammunition, and firearm parts that could be assembled
10		to make an operable firearm returned to him or her. If the
11		court determines that person to be the lawful owner of the
12		firearm, ammunition, and firearm parts that could be assembled
13		to make an operable firearm, the firearm, ammunition, and
14		firearm parts that could be assembled to make an operable
15		firearm shall be returned to him or her, provided that:
16		(1) the firearm, ammunition, and firearm parts that
17		could be assembled to make an operable firearm are is
18		removed from the respondent's custody, control, or
19		possession and the lawful owner agrees to store the
20		firearm, ammunition, and firearm parts that could be
21		assembled to make an operable firearm in a manner such
22		that the respondent does not have access to or control of
23		the firearm, ammunition, and firearm parts that could be
24		assembled to make an operable firearm; and
25		(2) the firearm, ammunition, and firearm parts that
26		could be assembled to make an operable firearm are is not

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1		otherwise unlawfully possessed by the owner.
2		The person petitioning for the return of his or her
3		firearm, ammunition, and firearm parts that could be assembled
4		to make an operable firearm must swear or affirm by affidavit
5		that he or she: (i) is the lawful owner of the firearm,
6		ammunition, and firearm parts that could be assembled to make
7		an operable firearm; (ii) shall not transfer the firearm,
8		ammunition, and firearm parts that could be assembled to make
9		an operable firearm to the respondent; and (iii) will store
10		the firearm, ammunition, and firearm parts that could be
11		assembled to make an operable firearm in a manner that the
12		respondent does not have access to or control of the firearm,
13		ammunition, and firearm parts that could be assembled to make
14		an operable firearm.
15		(i) In accordance with subsection (e) of this Section, the
16		court shall schedule a full hearing as soon as possible, but no
17		longer than 14 days from the issuance of an ex parte firearms
18		restraining order, to determine if a 6-month firearms
19		restraining order shall be issued. The court may extend an ex
20		parte order as needed, but not to exceed 14 days, to effectuate
21		service of the order or if necessary to continue protection.
22		The court may extend the order for a greater length of time by
23		mutual agreement of the parties.
24		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
25		(430 ILCS 67/40)

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1		Sec. 40. Six-month orders.
2		(a) A petitioner may request a 6-month firearms
3		restraining order by filing an affidavit or verified pleading
4		alleging that the respondent poses a significant danger of
5		causing personal injury to himself, herself, or another in the
6		near future by having in his or her custody or control,
7		purchasing, possessing, or receiving a firearm, ammunition,
8		and firearm parts that could be assembled to make an operable
9		firearm. The petition shall also describe the number, types,
10		and locations of any firearms, ammunition, and firearm parts
11		that could be assembled to make an operable firearm presently
12		believed by the petitioner to be possessed or controlled by
13		the respondent.
14		(b) If the respondent is alleged to pose a significant
15		danger of causing personal injury to an intimate partner, or
16		an intimate partner is alleged to have been the target of a
17		threat or act of violence by the respondent, the petitioner
18		shall make a good faith effort to provide notice to any and all
19		intimate partners of the respondent. The notice must include
20		that the petitioner intends to petition the court for a
21		6-month firearms restraining order, and, if the petitioner is
22		a law enforcement officer, referral to relevant domestic
23		violence or stalking advocacy or counseling resources, if
24		appropriate. The petitioner shall attest to having provided
25		the notice in the filed affidavit or verified pleading. If,
26		after making a good faith effort, the petitioner is unable to

HB1092 Engrossed - 23 - LRB102 03106 RLC 13119 b
1		provide notice to any or all intimate partners, the affidavit
2		or verified pleading should describe what efforts were made.
3		(c) Every person who files a petition for a 6-month
4		firearms restraining order, knowing the information provided
5		to the court at any hearing or in the affidavit or verified
6		pleading to be false, is guilty of perjury under Section 32-2
7		of the Criminal Code of 2012.
8		(d) Upon receipt of a petition for a 6-month firearms
9		restraining order, the court shall order a hearing within 30
10		days.
11		(e) In determining whether to issue a firearms restraining
12		order under this Section, the court shall consider evidence
13		including, but not limited to, the following:
14		(1) The unlawful and reckless use, display, or
15		brandishing of a firearm, ammunition, and firearm parts
16		that could be assembled to make an operable firearm by the
17		respondent.
18		(2) The history of use, attempted use, or threatened
19		use of physical force by the respondent against another
20		person.
21		(3) Any prior arrest of the respondent for a felony
22		offense.
23		(4) Evidence of the abuse of controlled substances or
24		alcohol by the respondent.
25		(5) A recent threat of violence or act of violence by
26		the respondent directed toward himself, herself, or

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1		another.
2		(6) A violation of an emergency order of protection
3		issued under Section 217 of the Illinois Domestic Violence
4		Act of 1986 or Section 112A-17 of the Code of Criminal
5		Procedure of 1963 or of an order of protection issued
6		under Section 214 of the Illinois Domestic Violence Act of
7		1986 or Section 112A-14 of the Code of Criminal Procedure
8		of 1963.
9		(7) A pattern of violent acts or violent threats,
10		including, but not limited to, threats of violence or acts
11		of violence by the respondent directed toward himself,
12		herself, or another.
13		(f) At the hearing, the petitioner shall have the burden
14		of proving, by clear and convincing evidence, that the
15		respondent poses a significant danger of personal injury to
16		himself, herself, or another by having in his or her custody or
17		control, purchasing, possessing, or receiving a firearm,
18		ammunition, and firearm parts that could be assembled to make
19		an operable firearm.
20		(g) If the court finds that there is clear and convincing
21		evidence to issue a firearms restraining order, the court
22		shall issue a firearms restraining order that shall be in
23		effect for 6 months subject to renewal under Section 45 of this
24		Act or termination under that Section.
25		(g-5) If the court issues a 6-month firearms restraining
26		order, it shall, upon a finding of probable cause that the

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

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1		concealed carry license to the Department of State Police
2		Firearm Services Bureau for safekeeping. The firearm or
3		firearms, ammunition, and firearm parts that could be
4		assembled to make an operable firearm and Firearm Owner's
5		Identification Card and concealed carry license, if
6		unexpired, shall be returned to the respondent after the
7		firearms restraining order is terminated or expired.
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

HB1092 Engrossed - 28 - LRB102 03106 RLC 13119 b
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 is
8		removed from the respondent's custody, control, or
9		possession and the lawful owner agrees to store the
10		firearm, ammunition, and firearm parts that could be
11		assembled to make an operable firearm in a manner such
12		that the respondent does not have access to or control of
13		the firearm, ammunition, and firearm parts that could be
14		assembled to make an operable firearm; and
15		(2) the firearm, ammunition, and firearm parts that
16		could be assembled to make an operable firearm are is 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

HB1092 Engrossed - 29 - LRB102 03106 RLC 13119 b
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		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
15		(430 ILCS 67/45)
16		Sec. 45. Termination and renewal.
17		(a) A person subject to a firearms restraining order
18		issued under this Act may submit one written request at any
19		time during the effective period of the order for a hearing to
20		terminate the order.
21		(1) The respondent shall have the burden of proving by
22		a preponderance of the evidence that the respondent does
23		not pose a danger of causing personal injury to himself,
24		herself, or another in the near future by having in his or
25		her custody or control, purchasing, possessing, or

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

HB1092 Engrossed - 31 - LRB102 03106 RLC 13119 b
1		near future by having in his or her custody or control,
2		purchasing, possessing, or receiving a firearm,
3		ammunition, and firearm parts that could be assembled to
4		make an operable firearm.
5		(4) The renewal of a firearms restraining order issued
6		under this Section shall be in effect for 6 months,
7		subject to termination by further order of the court at a
8		hearing held under this Section and further renewal by
9		further order of the court under this Section.
10		(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
11		(430 ILCS 67/85 new)
12		Sec. 85. Report to the General Assembly. The Illinois
13		State Police shall submit a yearly report to the General
14		Assembly or make available on its website the number of
15		petitions entered into the Law Enforcement Agencies Data
16		System.