HB0676 Engrossed LRB103 04267 CPF 49273 b
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 10. The Illinois Insurance Code is amended by
5		adding Section 392.2 as follows:
6		(215 ILCS 5/392.2 new)
7		Sec. 392.2. Task Force on Firearm Insurance.
8		(a) The Task Force on Firearm Insurance is created for the
9		purpose of reviewing public policy options relating to the
10		insurance of firearms in the State of Illinois.
11		(b) The Department shall provide administrative support
12		for the Task Force to review current and potential future
13		insurance policy offerings for the safe and legal possession
14		of firearms and offer policymaking recommendations related to
15		the use of that insurance. The Task Force shall work
16		cooperatively with the insurance industry, community
17		organizations, advocacy groups, and appropriate State agencies
18		to develop policy options related to insuring the ownership
19		and use of firearms. The Task Force shall be comprised of the
20		following members:
21		(1) One member of the General Assembly, appointed by
22		the Speaker of the House of Representatives.
23		(2) One member of the General Assembly, appointed by

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1		the President of the Senate.
2		(3) One member of the General Assembly, appointed by
3		the Minority Leader of the House of Representatives.
4		(4) One member of the General Assembly, appointed by
5		the Minority Leader of the Senate.
6		(5) 2 representatives of the Illinois commercial
7		insurance industry, appointed by the Governor.
8		(6) 2 experts in the incidences, causes, and impacts
9		of firearm-related injuries and deaths, appointed by the
10		Governor.
11		(7) The Director of the Illinois State Police, or the
12		Director of the Illinois State Police's designee.
13		(8) The Director of Insurance, or the Director of
14		Insurance's designee.
15		(9) The Director of Public Health, or the Director of
16		Public Health's designee.
17		(10) 2 representatives of firearm advocacy groups,
18		appointed by the Governor.
19		(11) The Director of Natural Resources, or the
20		Director of Natural Resources' designee.
21		(c) The Task Force shall elect a chairperson from its
22		membership and shall have the authority to determine its
23		meeting schedules, hearing schedules, and agendas.
24		(d) Appointments shall be made within 90 days after the
25		effective date of this amendatory Act of the 103rd General
26		Assembly.

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1		(e) Members shall serve without compensation and shall be
2		adults and residents of Illinois.
3		(f) The Task Force shall:
4		(1) review existing available insurance that covers
5		risks arising from the ownership and use of firearms;
6		(2) review potential future insurance policy offerings
7		that would cover risks arising from the ownership and use
8		of firearms;
9		(3) gather and analyze information on the cost and
10		other impacts associated with each policy option put
11		forward; and
12		(4) provide recommendations on the feasibility and
13		cost-effectiveness of requiring firearm owners in this
14		State to possess insurance, including any risks generally
15		to be covered.
16		(g) A report of the findings, recommendations, and other
17		information determined by the Task Force to be relevant shall
18		be made available on the Department's website.
19		(h) The Task Force shall submit the report of findings and
20		recommendations to the Governor and the General Assembly by
21		December 31, 2023.
22		(i) The Task Force on Firearm Insurance is dissolved and
23		this Section is repealed on January 1, 2025.
24		Section 15. The Firearm Owners Identification Card Act is
25		amended by changing Sections 1, 1.1, 2, and 3 as follows:

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1		(430 ILCS 65/1) (from Ch. 38, par. 83-1)
2		Sec. 1. It is hereby declared as a matter of legislative
3		determination that in order to promote and protect the health,
4		safety, and welfare of the public, it is necessary and in the
5		public interest to provide a system of identifying persons who
6		are not qualified to acquire or possess firearms, firearm
7		ammunition, prepackaged explosive components, stun guns, and
8		tasers within the State of Illinois by the establishment of a
9		system of Firearm Owner's Identification Cards, thereby
10		establishing a practical and workable system by which law
11		enforcement authorities will be afforded an opportunity to
12		identify those persons who are prohibited by Section 24-3.1 of
13		the Criminal Code of 2012, from acquiring or possessing
14		firearms and firearm ammunition and who are prohibited by this
15		Act from acquiring stun guns and tasers.
16		(Source: P.A. 97-1150, eff. 1-25-13.)
17		(430 ILCS 65/1.1)
18		Sec. 1.1. For purposes of this Act:
19		"Addicted to narcotics" means a person who has been:
20		(1) convicted of an offense involving the use or
21		possession of cannabis, a controlled substance, or
22		methamphetamine within the past year; or
23		(2) determined by the Illinois State Police to be
24		addicted to narcotics based upon federal law or federal

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1		guidelines.
2		"Addicted to narcotics" does not include possession or use
3		of a prescribed controlled substance under the direction and
4		authority of a physician or other person authorized to
5		prescribe the controlled substance when the controlled
6		substance is used in the prescribed manner.
7		"Adjudicated as a person with a mental disability" means
8		the person is the subject of a determination by a court, board,
9		commission or other lawful authority that the person, as a
10		result of marked subnormal intelligence, or mental illness,
11		mental impairment, incompetency, condition, or disease:
12		(1) presents a clear and present danger to himself,
13		herself, or to others;
14		(2) lacks the mental capacity to manage his or her own
15		affairs or is adjudicated a person with a disability as
16		defined in Section 11a-2 of the Probate Act of 1975;
17		(3) is not guilty in a criminal case by reason of
18		insanity, mental disease or defect;
19		(3.5) is guilty but mentally ill, as provided in
20		Section 5-2-6 of the Unified Code of Corrections;
21		(4) is incompetent to stand trial in a criminal case;
22		(5) is not guilty by reason of lack of mental
23		responsibility under Articles 50a and 72b of the Uniform
24		Code of Military Justice, 10 U.S.C. 850a, 876b;
25		(6) is a sexually violent person under subsection (f)
26		of Section 5 of the Sexually Violent Persons Commitment

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1		Act;
2		(7) is a sexually dangerous person under the Sexually
3		Dangerous Persons Act;
4		(8) is unfit to stand trial under the Juvenile Court
5		Act of 1987;
6		(9) is not guilty by reason of insanity under the
7		Juvenile Court Act of 1987;
8		(10) is subject to involuntary admission as an
9		inpatient as defined in Section 1-119 of the Mental Health
10		and Developmental Disabilities Code;
11		(11) is subject to involuntary admission as an
12		outpatient as defined in Section 1-119.1 of the Mental
13		Health and Developmental Disabilities Code;
14		(12) is subject to judicial admission as set forth in
15		Section 4-500 of the Mental Health and Developmental
16		Disabilities Code; or
17		(13) is subject to the provisions of the Interstate
18		Agreements on Sexually Dangerous Persons Act.
19		"Clear and present danger" means a person who:
20		(1) communicates a serious threat of physical violence
21		against a reasonably identifiable victim or poses a clear
22		and imminent risk of serious physical injury to himself,
23		herself, or another person as determined by a physician,
24		clinical psychologist, or qualified examiner; or
25		(2) demonstrates threatening physical or verbal
26		behavior, such as violent, suicidal, or assaultive

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1		threats, actions, or other behavior, as determined by a
2		physician, clinical psychologist, qualified examiner,
3		school administrator, or law enforcement official.
4		"Clinical psychologist" has the meaning provided in
5		Section 1-103 of the Mental Health and Developmental
6		Disabilities Code.
7		"Controlled substance" means a controlled substance or
8		controlled substance analog as defined in the Illinois
9		Controlled Substances Act.
10		"Counterfeit" means to copy or imitate, without legal
11		authority, with intent to deceive.
12		"Developmental disability" means a severe, chronic
13		disability of an individual that:
14		(1) is attributable to a mental or physical impairment
15		or combination of mental and physical impairments;
16		(2) is manifested before the individual attains age
17		22;
18		(3) is likely to continue indefinitely;
19		(4) results in substantial functional limitations in 3
20		or more of the following areas of major life activity:
21		(A) Self-care.
22		(B) Receptive and expressive language.
23		(C) Learning.
24		(D) Mobility.
25		(E) Self-direction.
26		(F) Capacity for independent living.

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1		(G) Economic self-sufficiency; and
2		(5) reflects the individual's need for a combination
3		and sequence of special, interdisciplinary, or generic
4		services, individualized supports, or other forms of
5		assistance that are of lifelong or extended duration and
6		are individually planned and coordinated.
7		"Federally licensed firearm dealer" means a person who is
8		licensed as a federal firearms dealer under Section 923 of the
9		federal Gun Control Act of 1968 (18 U.S.C. 923).
10		"Firearm" means any device, by whatever name known, which
11		is designed to expel a projectile or projectiles by the action
12		of an explosion, expansion of gas or escape of gas; excluding,
13		however:
14		(1) any pneumatic gun, spring gun, paint ball gun, or
15		B-B gun which expels a single globular projectile not
16		exceeding .18 inch in diameter or which has a maximum
17		muzzle velocity of less than 700 feet per second;
18		(1.1) any pneumatic gun, spring gun, paint ball gun,
19		or B-B gun which expels breakable paint balls containing
20		washable marking colors;
21		(2) any device used exclusively for signaling or
22		safety and required or recommended by the United States
23		Coast Guard or the Interstate Commerce Commission;
24		(3) any device used exclusively for the firing of stud
25		cartridges, explosive rivets or similar industrial
26		ammunition; and

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1		(4) an antique firearm (other than a machine-gun)
2		which, although designed as a weapon, the Illinois State
3		Police finds by reason of the date of its manufacture,
4		value, design, and other characteristics is primarily a
5		collector's item and is not likely to be used as a weapon.
6		"Firearm ammunition" means any self-contained cartridge or
7		shotgun shell, by whatever name known, which is designed to be
8		used or adaptable to use in a firearm; excluding, however:
9		(1) any ammunition exclusively designed for use with a
10		device used exclusively for signaling or safety and
11		required or recommended by the United States Coast Guard
12		or the Interstate Commerce Commission; and
13		(2) any ammunition designed exclusively for use with a
14		stud or rivet driver or other similar industrial
15		ammunition.
16		"Gun show" means an event or function:
17		(1) at which the sale and transfer of firearms is the
18		regular and normal course of business and where 50 or more
19		firearms are displayed, offered, or exhibited for sale,
20		transfer, or exchange; or
21		(2) at which not less than 10 gun show vendors
22		display, offer, or exhibit for sale, sell, transfer, or
23		exchange firearms.
24		"Gun show" includes the entire premises provided for an
25		event or function, including parking areas for the event or
26		function, that is sponsored to facilitate the purchase, sale,

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1		transfer, or exchange of firearms as described in this
2		Section. Nothing in this definition shall be construed to
3		exclude a gun show held in conjunction with competitive
4		shooting events at the World Shooting Complex sanctioned by a
5		national governing body in which the sale or transfer of
6		firearms is authorized under subparagraph (5) of paragraph (g)
7		of subsection (A) of Section 24-3 of the Criminal Code of 2012.
8		Unless otherwise expressly stated, "gun show" does not
9		include training or safety classes, competitive shooting
10		events, such as rifle, shotgun, or handgun matches, trap,
11		skeet, or sporting clays shoots, dinners, banquets, raffles,
12		or any other event where the sale or transfer of firearms is
13		not the primary course of business.
14		"Gun show promoter" means a person who organizes or
15		operates a gun show.
16		"Gun show vendor" means a person who exhibits, sells,
17		offers for sale, transfers, or exchanges any firearms at a gun
18		show, regardless of whether the person arranges with a gun
19		show promoter for a fixed location from which to exhibit,
20		sell, offer for sale, transfer, or exchange any firearm.
21		"Intellectual disability" means significantly subaverage
22		general intellectual functioning, existing concurrently with
23		deficits in adaptive behavior and manifested during the
24		developmental period, which is defined as before the age of
25		22, that adversely affects a child's educational performance.
26		"Involuntarily admitted" has the meaning as prescribed in

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1		Sections 1-119 and 1-119.1 of the Mental Health and
2		Developmental Disabilities Code.
3		"Mental health facility" means any licensed private
4		hospital or hospital affiliate, institution, or facility, or
5		part thereof, and any facility, or part thereof, operated by
6		the State or a political subdivision thereof which provides
7		treatment of persons with mental illness and includes all
8		hospitals, institutions, clinics, evaluation facilities,
9		mental health centers, colleges, universities, long-term care
10		facilities, and nursing homes, or parts thereof, which provide
11		treatment of persons with mental illness whether or not the
12		primary purpose is to provide treatment of persons with mental
13		illness.
14		"National governing body" means a group of persons who
15		adopt rules and formulate policy on behalf of a national
16		firearm sporting organization.
17		"Noncitizen" means a person who is not a citizen of the
18		United States, but is a person who is a foreign-born person who
19		lives in the United States, has not been naturalized, and is
20		still a citizen of a foreign country.
21		"Patient" means:
22		(1) a person who is admitted as an inpatient or
23		resident of a public or private mental health facility for
24		mental health treatment under Chapter III of the Mental
25		Health and Developmental Disabilities Code as an informal
26		admission, a voluntary admission, a minor admission, an

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1		emergency admission, or an involuntary admission, unless
2		the treatment was solely for an alcohol abuse disorder; or
3		(2) a person who voluntarily or involuntarily receives
4		mental health treatment as an out-patient or is otherwise
5		provided services by a public or private mental health
6		facility and who poses a clear and present danger to
7		himself, herself, or others.
8		"Physician" has the meaning as defined in Section 1-120 of
9		the Mental Health and Developmental Disabilities Code.
10		"Prepackaged explosive components" has the same meaning
11		ascribed to the term in Section 24-4.3 of the Criminal Code of
12		2012.
13		"Protective order" means any orders of protection issued
14		under the Illinois Domestic Violence Act of 1986, stalking no
15		contact orders issued under the Stalking No Contact Order Act,
16		civil no contact orders issued under the Civil No Contact
17		Order Act, and firearms restraining orders issued under the
18		Firearms Restraining Order Act or a substantially similar
19		order issued by the court of another state, tribe, or United
20		States territory or military tribunal.
21		"Qualified examiner" has the meaning provided in Section
22		1-122 of the Mental Health and Developmental Disabilities
23		Code.
24		"Sanctioned competitive shooting event" means a shooting
25		contest officially recognized by a national or state shooting
26		sport association, and includes any sight-in or practice

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1		conducted in conjunction with the event.
2		"School administrator" means the person required to report
3		under the School Administrator Reporting of Mental Health
4		Clear and Present Danger Determinations Law.
5		"Stun gun or taser" has the meaning ascribed to it in
6		Section 24-1 of the Criminal Code of 2012.
7		(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
8		102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff.
9		1-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)
10		(430 ILCS 65/2) (from Ch. 38, par. 83-2)
11		Sec. 2. Firearm Owner's Identification Card required;
12		exceptions.
13		(a) (1) No person may acquire or possess any firearm,
14		prepackaged explosive components, stun gun, or taser within
15		this State without having in his or her possession a Firearm
16		Owner's Identification Card previously issued in his or her
17		name by the Illinois State Police under the provisions of this
18		Act.
19		(2) No person may acquire or possess firearm ammunition
20		within this State without having in his or her possession a
21		Firearm Owner's Identification Card previously issued in his
22		or her name by the Illinois State Police under the provisions
23		of this Act.
24		(b) The provisions of this Section regarding the
25		possession of firearms, firearm ammunition, stun guns, and

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1		tasers do not apply to:
2		(1) United States Marshals, while engaged in the
3		operation of their official duties;
4		(2) Members of the Armed Forces of the United States
5		or the National Guard, while engaged in the operation of
6		their official duties;
7		(3) Federal officials required to carry firearms,
8		while engaged in the operation of their official duties;
9		(4) Members of bona fide veterans organizations which
10		receive firearms directly from the armed forces of the
11		United States, while using the firearms for ceremonial
12		purposes with blank ammunition;
13		(5) Nonresident hunters during hunting season, with
14		valid nonresident hunting licenses and while in an area
15		where hunting is permitted; however, at all other times
16		and in all other places these persons must have their
17		firearms unloaded and enclosed in a case;
18		(6) Those hunters exempt from obtaining a hunting
19		license who are required to submit their Firearm Owner's
20		Identification Card when hunting on Department of Natural
21		Resources owned or managed sites;
22		(7) Nonresidents while on a firing or shooting range
23		recognized by the Illinois State Police; however, these
24		persons must at all other times and in all other places
25		have their firearms unloaded and enclosed in a case;
26		(8) Nonresidents while at a firearm showing or display

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1		recognized by the Illinois State Police; however, at all
2		other times and in all other places these persons must
3		have their firearms unloaded and enclosed in a case;
4		(9) Nonresidents whose firearms are unloaded and
5		enclosed in a case;
6		(10) Nonresidents who are currently licensed or
7		registered to possess a firearm in their resident state;
8		(11) Unemancipated minors while in the custody and
9		immediate control of their parent or legal guardian or
10		other person in loco parentis to the minor if the parent or
11		legal guardian or other person in loco parentis to the
12		minor has a currently valid Firearm Owner's Identification
13		Card;
14		(12) Color guards of bona fide veterans organizations
15		or members of bona fide American Legion bands while using
16		firearms for ceremonial purposes with blank ammunition;
17		(13) Nonresident hunters whose state of residence does
18		not require them to be licensed or registered to possess a
19		firearm and only during hunting season, with valid hunting
20		licenses, while accompanied by, and using a firearm owned
21		by, a person who possesses a valid Firearm Owner's
22		Identification Card and while in an area within a
23		commercial club licensed under the Wildlife Code where
24		hunting is permitted and controlled, but in no instance
25		upon sites owned or managed by the Department of Natural
26		Resources;

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1		(14) Resident hunters who are properly authorized to
2		hunt and, while accompanied by a person who possesses a
3		valid Firearm Owner's Identification Card, hunt in an area
4		within a commercial club licensed under the Wildlife Code
5		where hunting is permitted and controlled; and
6		(15) A person who is otherwise eligible to obtain a
7		Firearm Owner's Identification Card under this Act and is
8		under the direct supervision of a holder of a Firearm
9		Owner's Identification Card who is 21 years of age or
10		older while the person is on a firing or shooting range or
11		is a participant in a firearms safety and training course
12		recognized by a law enforcement agency or a national,
13		statewide shooting sports organization.
14		(c) The provisions of this Section regarding the
15		acquisition and possession of firearms, firearm ammunition,
16		prepackaged explosive components, stun guns, and tasers do not
17		apply to law enforcement officials of this or any other
18		jurisdiction, while engaged in the performance operation of
19		their official duties.
20		(c-5) The provisions of paragraphs (1) and (2) of
21		subsection (a) of this Section regarding the possession of
22		firearms and firearm ammunition do not apply to the holder of a
23		valid concealed carry license issued under the Firearm
24		Concealed Carry Act who is in physical possession of the
25		concealed carry license.
26		(c-10) The provisions of paragraph (1) of subsection (a)

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1		of this Section regarding the acquisition and possession of
2		prepackaged explosive components do not apply to:
3		(1) Members of the Armed Services or Reserves Forces
4		of the United States or the Illinois National Guard while
5		in the performance of their official duty.
6		(2) Persons licensed under State and federal law to
7		manufacture, import, or sell prepackaged explosive
8		components, and actually engaged in that business, but
9		only with respect to activities which are within the
10		lawful scope of the business, including the manufacture,
11		transportation, or testing of prepackaged explosive
12		components.
13		(3) Contractors or subcontractors engaged in the
14		manufacture, transport, testing, delivery, transfer or
15		sale, and lawful experimental activities under a contract
16		or subcontract for the development and supply of the
17		product to the United States government or any branch of
18		the Armed Forces of the United States, when those
19		activities are necessary and incident to fulfilling the
20		terms of the contract. The exemption granted under this
21		paragraph (3) shall also apply to any authorized agent of
22		any contractor or subcontractor described in this
23		paragraph (3) who is operating within the scope of his or
24		her employment, when the activities involving the
25		prepackaged explosive components are necessary and
26		incident to fulfilling the terms of the contract.

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1		(4) Sales clerks or retail merchants selling or
2		transferring prepackaged explosive components.
3		(d) Any person who becomes a resident of this State, who is
4		not otherwise prohibited from obtaining, possessing, or using
5		a firearm or firearm ammunition, shall not be required to have
6		a Firearm Owner's Identification Card to possess firearms or
7		firearms ammunition until 60 calendar days after he or she
8		obtains an Illinois driver's license or Illinois
9		Identification Card.
10		(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)
11		(430 ILCS 65/3) (from Ch. 38, par. 83-3)
12		(Text of Section before amendment by P.A. 102-237)
13		Sec. 3. (a) Except as provided in Section 3a, no person may
14		knowingly transfer, or cause to be transferred, any firearm,
15		firearm ammunition, prepackaged explosive components, stun
16		gun, or taser to any person within this State unless the
17		transferee with whom he deals displays either: (1) a currently
18		valid Firearm Owner's Identification Card which has previously
19		been issued in his or her name by the Illinois State Police
20		under the provisions of this Act; or (2) a currently valid
21		license to carry a concealed firearm which has previously been
22		issued in his or her name by the Illinois State Police under
23		the Firearm Concealed Carry Act. In addition, all firearm,
24		stun gun, and taser transfers by federally licensed firearm
25		dealers are subject to Section 3.1.

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1		(a-5) Any person who is not a federally licensed firearm
2		dealer and who desires to transfer or sell a firearm while that
3		person is on the grounds of a gun show must, before selling or
4		transferring the firearm, request the Illinois State Police to
5		conduct a background check on the prospective recipient of the
6		firearm in accordance with Section 3.1.
7		(a-10) Notwithstanding item (2) of subsection (a) of this
8		Section, any person who is not a federally licensed firearm
9		dealer and who desires to transfer or sell a firearm or
10		firearms to any person who is not a federally licensed firearm
11		dealer shall, before selling or transferring the firearms,
12		contact a federal firearm license dealer under paragraph (1)
13		of subsection (a-15) of this Section to conduct the transfer
14		or the Illinois State Police with the transferee's or
15		purchaser's Firearm Owner's Identification Card number to
16		determine the validity of the transferee's or purchaser's
17		Firearm Owner's Identification Card under State and federal
18		law including the National Instant Criminal Background Check
19		System. This subsection shall not be effective until July 1,
20		2023. Until that date the transferor shall contact the
21		Illinois State Police with the transferee's or purchaser's
22		Firearm Owner's Identification Card number to determine the
23		validity of the card. The Illinois State Police may adopt
24		rules concerning the implementation of this subsection. The
25		Illinois State Police shall provide the seller or transferor
26		an approval number if the purchaser's Firearm Owner's

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1		Identification Card is valid. Approvals issued by the Illinois
2		State Police for the purchase of a firearm pursuant to this
3		subsection are valid for 30 days from the date of issue.
4		(a-15) The provisions of subsection (a-10) of this Section
5		do not apply to:
6		(1) transfers that occur at the place of business of a
7		federally licensed firearm dealer, if the federally
8		licensed firearm dealer conducts a background check on the
9		prospective recipient of the firearm in accordance with
10		Section 3.1 of this Act and follows all other applicable
11		federal, State, and local laws as if he or she were the
12		seller or transferor of the firearm, although the dealer
13		is not required to accept the firearm into his or her
14		inventory. The purchaser or transferee may be required by
15		the federally licensed firearm dealer to pay a fee not to
16		exceed $25 per firearm, which the dealer may retain as
17		compensation for performing the functions required under
18		this paragraph, plus the applicable fees authorized by
19		Section 3.1;
20		(2) transfers as a bona fide gift to the transferor's
21		husband, wife, son, daughter, stepson, stepdaughter,
22		father, mother, stepfather, stepmother, brother, sister,
23		nephew, niece, uncle, aunt, grandfather, grandmother,
24		grandson, granddaughter, father-in-law, mother-in-law,
25		son-in-law, or daughter-in-law;
26		(3) transfers by persons acting pursuant to operation

HB0676 Engrossed - 21 - LRB103 04267 CPF 49273 b
1		of law or a court order;
2		(4) transfers on the grounds of a gun show under
3		subsection (a-5) of this Section;
4		(5) the delivery of a firearm by its owner to a
5		gunsmith for service or repair, the return of the firearm
6		to its owner by the gunsmith, or the delivery of a firearm
7		by a gunsmith to a federally licensed firearms dealer for
8		service or repair and the return of the firearm to the
9		gunsmith;
10		(6) temporary transfers that occur while in the home
11		of the unlicensed transferee, if the unlicensed transferee
12		is not otherwise prohibited from possessing firearms and
13		the unlicensed transferee reasonably believes that
14		possession of the firearm is necessary to prevent imminent
15		death or great bodily harm to the unlicensed transferee;
16		(7) transfers to a law enforcement or corrections
17		agency or a law enforcement or corrections officer acting
18		within the course and scope of his or her official duties;
19		(8) transfers of firearms that have been rendered
20		permanently inoperable to a nonprofit historical society,
21		museum, or institutional collection; and
22		(9) transfers to a person who is exempt from the
23		requirement of possessing a Firearm Owner's Identification
24		Card under Section 2 of this Act.
25		(a-20) The Illinois State Police shall develop an
26		Internet-based system for individuals to determine the

HB0676 Engrossed - 22 - LRB103 04267 CPF 49273 b
1		validity of a Firearm Owner's Identification Card prior to the
2		sale or transfer of a firearm. The Illinois State Police shall
3		have the Internet-based system updated and available for use
4		by January 1, 2024. The Illinois State Police shall adopt
5		rules not inconsistent with this Section to implement this
6		system, but no rule shall allow the Illinois State Police to
7		retain records in contravention of State and federal law.
8		(a-25) On or before January 1, 2022, the Illinois State
9		Police shall develop an Internet-based system upon which the
10		serial numbers of firearms that have been reported stolen are
11		available for public access for individuals to ensure any
12		firearms are not reported stolen prior to the sale or transfer
13		of a firearm under this Section. The Illinois State Police
14		shall have the Internet-based system completed and available
15		for use by July 1, 2022. The Illinois State Police shall adopt
16		rules not inconsistent with this Section to implement this
17		system.
18		(b) Any person within this State who transfers or causes
19		to be transferred any firearm, stun gun, or taser shall keep a
20		record of the such transfer for a period of 10 years from the
21		date of transfer. Any person within this State who receives
22		any firearm, stun gun, or taser pursuant to subsection (a-10)
23		shall provide a record of the transfer within 10 days of the
24		transfer to a federally licensed firearm dealer and shall not
25		be required to maintain a transfer record. The federally
26		licensed firearm dealer shall maintain the transfer record for

HB0676 Engrossed - 23 - LRB103 04267 CPF 49273 b
1		20 years from the date of receipt. A federally licensed
2		firearm dealer may charge a fee not to exceed $25 to retain the
3		record. The record shall be provided and maintained in either
4		an electronic or paper format. The federally licensed firearm
5		dealer shall not be liable for the accuracy of any information
6		in the transfer record submitted pursuant to this Section.
7		Such records shall contain the date of the transfer; the
8		description, serial number or other information identifying
9		the firearm, stun gun, or taser if no serial number is
10		available; and, if the transfer was completed within this
11		State, the transferee's Firearm Owner's Identification Card
12		number and any approval number or documentation provided by
13		the Illinois State Police under pursuant to subsection (a-10)
14		of this Section; if the transfer was not completed within this
15		State, the record shall contain the name and address of the
16		transferee. On or after January 1, 2006, the record shall
17		contain the date of application for transfer of the firearm.
18		On demand of a peace officer the such transferor shall produce
19		for inspection such record of transfer. For any transfer
20		pursuant to subsection (a-10) of this Section, on the demand
21		of a peace officer, the such transferee shall identify the
22		federally licensed firearm dealer maintaining the transfer
23		record. If the transfer or sale took place at a gun show, the
24		record shall include the unique identification number. Failure
25		to record the unique identification number or approval number
26		is a petty offense. For transfers of a firearm, stun gun, or

HB0676 Engrossed - 24 - LRB103 04267 CPF 49273 b
1		taser made on or after January 18, 2019 (the effective date of
2		Public Act 100-1178), failure by the private seller to
3		maintain the transfer records in accordance with this Section,
4		or failure by a transferee pursuant to subsection a-10 of this
5		Section to identify the federally licensed firearm dealer
6		maintaining the transfer record, is a Class A misdemeanor for
7		the first offense and a Class 4 felony for a second or
8		subsequent offense occurring within 10 years of the first
9		offense and the second offense was committed after conviction
10		of the first offense. Whenever any person who has not
11		previously been convicted of any violation of subsection
12		(a-5), the court may grant supervision pursuant to and
13		consistent with the limitations of Section 5-6-1 of the
14		Unified Code of Corrections. A transferee or transferor shall
15		not be criminally liable under this Section provided that he
16		or she provides the Illinois State Police with the transfer
17		records in accordance with procedures established by the
18		Illinois State Police. The Illinois State Police shall
19		establish, by rule, a standard form on its website.
20		(b-5) Any resident may purchase ammunition from a person
21		within or outside of Illinois if shipment is by United States
22		mail or by a private express carrier authorized by federal law
23		to ship ammunition. Any resident purchasing ammunition within
24		or outside the State of Illinois must provide the seller with a
25		copy of his or her valid Firearm Owner's Identification Card
26		or valid concealed carry license and either his or her

HB0676 Engrossed - 25 - LRB103 04267 CPF 49273 b
1		Illinois driver's license or Illinois State Identification
2		Card prior to the shipment of the ammunition. The ammunition
3		may be shipped only to an address on either of those 2
4		documents.
5		(c) The provisions of this Section regarding the transfer
6		of firearm ammunition shall not apply to those persons
7		specified in paragraph (b) of Section 2 of this Act.
8		(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
9		102-1116, eff. 1-10-23.)
10		(Text of Section after amendment by P.A. 102-237)
11		Sec. 3. (a) Except as provided in Section 3a, no person may
12		knowingly transfer, or cause to be transferred, any firearm,
13		firearm ammunition, prepackaged explosive components, stun
14		gun, or taser to any person within this State unless the
15		transferee with whom he deals displays either: (1) a currently
16		valid Firearm Owner's Identification Card which has previously
17		been issued in his or her name by the Illinois State Police
18		under the provisions of this Act; or (2) a currently valid
19		license to carry a concealed firearm which has previously been
20		issued in his or her name by the Illinois State Police under
21		the Firearm Concealed Carry Act. In addition, all firearm,
22		stun gun, and taser transfers by federally licensed firearm
23		dealers are subject to Section 3.1.
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

HB0676 Engrossed - 26 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 27 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 28 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 29 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 30 - LRB103 04267 CPF 49273 b
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 the such transferor shall produce
17		for inspection the such record of transfer. For any transfer
18		pursuant to subsection (a-10) of this Section, on the demand
19		of a peace officer, the such transferee shall identify the
20		federally licensed firearm dealer maintaining the transfer
21		record. If the transfer or sale took place at a gun show, the
22		record shall include the unique identification number. Failure
23		to record the unique identification number or approval number
24		is a petty offense. For transfers of a firearm, stun gun, or
25		taser made on or after January 18, 2019 (the effective date of
26		Public Act 100-1178), failure by the private seller to

HB0676 Engrossed - 31 - LRB103 04267 CPF 49273 b
1		maintain the transfer records in accordance with this Section,
2		or failure by a transferee pursuant to subsection a-10 of this
3		Section to identify the federally licensed firearm dealer
4		maintaining the transfer record, is a Class A misdemeanor for
5		the first offense and a Class 4 felony for a second or
6		subsequent offense occurring within 10 years of the first
7		offense and the second offense was committed after conviction
8		of the first offense. Whenever any person who has not
9		previously been convicted of any violation of subsection
10		(a-5), the court may grant supervision pursuant to and
11		consistent with the limitations of Section 5-6-1 of the
12		Unified Code of Corrections. A transferee or transferor shall
13		not be criminally liable under this Section provided that he
14		or she provides the Illinois State Police with the transfer
15		records in accordance with procedures established by the
16		Illinois State Police. The Illinois State Police shall
17		establish, by rule, a standard form on its 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

HB0676 Engrossed - 32 - LRB103 04267 CPF 49273 b
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		Section 20. The Firearms Restraining Order Act is amended
9		by changing Section 5 as follows:
10		(430 ILCS 67/5)
11		Sec. 5. Definitions. As used in this Act:
12		"Family member of the respondent" means a spouse, former
13		spouse, person with whom the respondent has a minor child in
14		common, parent, child, or step-child of the respondent, any
15		other person related by blood or present marriage to the
16		respondent, or a person who shares a common dwelling with the
17		respondent.
18		"Firearms restraining order" means an order issued by the
19		court, prohibiting and enjoining a named person from having in
20		his or her custody or control, purchasing, possessing, or
21		receiving any firearms or ammunition, or removing firearm
22		parts that could be assembled to make an operable firearm.
23		"Intimate partner" means a spouse, former spouse, a person
24		with whom the respondent has or allegedly has a child in

HB0676 Engrossed - 33 - LRB103 04267 CPF 49273 b
1		common, or a person with whom the respondent has or has had a
2		dating or engagement relationship.
3		"Petitioner" means:
4		(1) a family member of the respondent as defined in
5		this Act; or
6		(2) a law enforcement officer who files a petition
7		alleging that the respondent poses a danger of causing
8		personal injury to himself, herself, or another by having
9		in his or her custody or control, purchasing, possessing,
10		or receiving a firearm, ammunition, or firearm parts that
11		could be assembled to make an operable firearm or removing
12		firearm parts that could be assembled to make an operable
13		firearm; or
14		(3) intimate partner.
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		Section 25. The Criminal Code of 2012 is amended by adding
24		Section 24-4.3 as follows:

HB0676 Engrossed - 34 - LRB103 04267 CPF 49273 b
1		(720 ILCS 5/24-4.3 new)
2		Sec. 24-4.3. Unlawful sale or delivery of prepackaged
3		explosive components.
4		(a) A person commits unlawful sale or delivery of
5		prepackaged explosive components when he or she knowingly does
6		any of the following:
7		(1) Sells or gives prepackaged explosive components to
8		a person who is disqualified under the Firearm Owners
9		Identification Card Act.
10		(A) the person's Firearm Owner's Identification
11		Card is revoked or subject to revocation under Section
12		8 of the Firearm Owners Identification Card Act;
13		(B) the person's Firearm Owner's Identification
14		Card is expired and not otherwise eligible for renewal
15		under the Firearm Owners Identification Card Act; or
16		(C) the person does not possess a currently valid
17		Firearm Owner's Identification Card, and the person is
18		not otherwise eligible under the Firearm Owners
19		Identification Card Act.
20		(2) Sells or transfers prepackaged explosive
21		components to a person who does not display to the seller
22		or transferor of the prepackaged explosive components a
23		currently valid Firearm Owner's Identification Card that
24		has previously been issued in the transferee's name by the
25		Department of State Police under the Firearm Owners
26		Identification Card Act. This paragraph (2) does not apply

HB0676 Engrossed - 35 - LRB103 04267 CPF 49273 b
1		to the transfer of prepackaged explosive components to a
2		person who is exempt from the requirement of possessing a
3		Firearm Owner's Identification Card under Section 2 of the
4		Firearm Owners Identification Card Act. For the purposes
5		of this Section, a currently valid Firearm Owner's
6		Identification Card means a Firearm Owner's Identification
7		Card that has not expired.
8		(3) Sells or gives prepackaged explosive components
9		while engaged in the business of selling prepackaged
10		explosive components at wholesale or retail without being
11		licensed as a federal firearms dealer under Section 923 of
12		the federal Gun Control Act of 1968 (18 U.S.C. 923). In
13		this paragraph (3), a person "engaged in the business"
14		means a person who devotes time, attention, and labor to
15		engaging in the activity as a regular course of trade or
16		business with the principal objective of livelihood and
17		profit.
18		(b) For the purposes of this Section, "prepackaged
19		explosive components" means a prepackaged product containing 2
20		or more unmixed, commercially manufactured chemical substances
21		that are not independently classified as explosives but which,
22		when mixed or combined, results in an explosive material
23		subject to regulation by the federal Bureau of Alcohol,
24		Tobacco, Firearms, and Explosives under Title 27 CFR Part 555.
25		(c) All sellers or transferors who have complied with the
26		requirements of this Section shall not be liable for damages

HB0676 Engrossed - 36 - LRB103 04267 CPF 49273 b
1		in any civil action arising from the use or misuse by the
2		transferee of the prepackaged explosive components
3		transferred, except for willful or wanton misconduct on the
4		part of the seller or transferor.
5		(d) Sentence. Any person who is convicted of unlawful sale
6		or delivery of prepackaged explosive components commits a
7		Class 4 felony.
8		Section 30. The Code of Criminal Procedure of 1963 is
9		amended by changing Section 112A-14 as follows:
10		(725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
11		Sec. 112A-14. Domestic violence order of protection;
12		remedies.
13		(a) (Blank).
14		(b) The court may order any of the remedies listed in this
15		subsection (b). The remedies listed in this subsection (b)
16		shall be in addition to other civil or criminal remedies
17		available to petitioner.
18		(1) Prohibition of abuse. Prohibit respondent's
19		harassment, interference with personal liberty,
20		intimidation of a dependent, physical abuse, or willful
21		deprivation, as defined in this Article, if such abuse has
22		occurred or otherwise appears likely to occur if not
23		prohibited.
24		(2) Grant of exclusive possession of residence.

HB0676 Engrossed - 37 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 38 - LRB103 04267 CPF 49273 b
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 domestic violence order of
23		protection, or prohibit respondent from entering or
24		remaining present at petitioner's school, place of
25		employment, or other specified places at times when
26		petitioner is present, or both, if reasonable, given the

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1		balance of hardships. Hardships need not be balanced for
2		the court to enter a stay away order or prohibit entry if
3		respondent has no right to enter the premises.
4		(A) If a domestic violence order of protection
5		grants petitioner exclusive possession of the
6		residence, prohibits respondent from entering the
7		residence, or orders respondent to stay away from
8		petitioner or other protected persons, then the court
9		may allow respondent access to the residence to remove
10		items of clothing and personal adornment used
11		exclusively by respondent, medications, and other
12		items as the court directs. The right to access shall
13		be exercised on only one occasion as the court directs
14		and in the presence of an agreed-upon adult third
15		party or law enforcement 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 a
19		domestic violence order of protection and providing
20		relief shall consider the severity of the act, any
21		continuing physical danger or emotional distress to
22		the petitioner, the educational rights guaranteed to
23		the petitioner and respondent under federal and State
24		law, the availability of a transfer of the respondent
25		to 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. If the
9		court order results in a transfer of the minor
10		respondent to another attendance center, a change in
11		the respondent's placement, or a change of the
12		respondent's program, the parents, guardian, or legal
13		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. If
20		the court orders a transfer of the respondent to
21		another school, the parents, guardian, or legal
22		custodian of the respondent is responsible for
23		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 the respondent is charged with abuse (as defined in
22		Section 112A-3 of this Code) of a minor child, there shall
23		be a rebuttable presumption that awarding physical care to
24		respondent would not be in the minor child's best
25		interest.
26		(6) Temporary allocation of parental responsibilities

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1		and significant decision-making responsibilities. Award
2		temporary significant decision-making responsibility to
3		petitioner in accordance with this Section, the Illinois
4		Marriage and Dissolution of Marriage Act, the Illinois
5		Parentage Act of 2015, and this State's Uniform
6		Child-Custody Jurisdiction and Enforcement Act.
7		If the respondent is charged with abuse (as defined in
8		Section 112A-3 of this Code) of a minor child, there shall
9		be a rebuttable presumption that awarding temporary
10		significant decision-making responsibility to respondent
11		would not be in the child's best interest.
12		(7) Parenting time. Determine the parenting time, if
13		any, of respondent in any case in which the court awards
14		physical care or temporary significant decision-making
15		responsibility of a minor child to petitioner. The court
16		shall restrict or deny respondent's parenting time with a
17		minor child if the court finds that respondent has done or
18		is likely to do any of the following:
19		(i) abuse or endanger the minor child during
20		parenting time;
21		(ii) use the parenting time as an opportunity to
22		abuse or harass petitioner or petitioner's family or
23		household members;
24		(iii) improperly conceal or detain the minor
25		child; or
26		(iv) otherwise act in a manner that is not in the

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1		best interests of the minor child.
2		The court shall not be limited by the standards set
3		forth in Section 603.10 of the Illinois Marriage and
4		Dissolution of Marriage Act. If the court grants parenting
5		time, the order shall specify dates and times for the
6		parenting time to take place or other specific parameters
7		or conditions that are appropriate. No order for parenting
8		time shall refer merely to the term "reasonable parenting
9		time". Petitioner may deny respondent access to the minor
10		child if, when respondent arrives for parenting time,
11		respondent is under the influence of drugs or alcohol and
12		constitutes a threat to the safety and well-being of
13		petitioner or petitioner's minor children or is behaving
14		in a violent or abusive manner. If necessary to protect
15		any member of petitioner's family or household from future
16		abuse, respondent shall be prohibited from coming to
17		petitioner's residence to meet the minor child for
18		parenting time, and the petitioner and respondent shall
19		submit to the court their recommendations for reasonable
20		alternative arrangements for parenting time. A person may
21		be approved to supervise parenting time only after filing
22		an affidavit accepting that responsibility and
23		acknowledging accountability to the court.
24		(8) Removal or concealment of minor child. Prohibit
25		respondent from removing a minor child from the State or
26		concealing the child within the State.

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1		(9) Order to appear. Order the respondent to appear in
2		court, alone or with a minor child, to prevent abuse,
3		neglect, removal or concealment of the child, to return
4		the child to the custody or care of the petitioner, or to
5		permit any court-ordered interview or examination of the
6		child or the respondent.
7		(10) Possession of personal property. Grant petitioner
8		exclusive possession of personal property and, if
9		respondent has possession or control, direct respondent to
10		promptly make it available to petitioner, if:
11		(i) petitioner, but not respondent, owns the
12		property; or
13		(ii) the petitioner and respondent own the
14		property jointly; sharing it would risk abuse of
15		petitioner by respondent or is impracticable; and the
16		balance of hardships favors temporary possession by
17		petitioner.
18		If petitioner's sole claim to ownership of the
19		property is that it is marital property, the court may
20		award petitioner temporary possession thereof under the
21		standards of subparagraph (ii) of this paragraph only if a
22		proper proceeding has been filed under the Illinois
23		Marriage and Dissolution of Marriage Act, as now or
24		hereafter amended.
25		No order under this provision shall affect title to
26		property.

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1		(11) Protection of property. Forbid the respondent
2		from taking, transferring, encumbering, concealing,
3		damaging, or otherwise disposing of any real or personal
4		property, except as explicitly authorized by the court,
5		if:
6		(i) petitioner, but not respondent, owns the
7		property; or
8		(ii) the petitioner and respondent own the
9		property jointly, and the balance of hardships favors
10		granting this remedy.
11		If petitioner's sole claim to ownership of the
12		property is that it is marital property, the court may
13		grant petitioner relief under subparagraph (ii) of this
14		paragraph only if a proper proceeding has been filed under
15		the Illinois Marriage and Dissolution of Marriage Act, as
16		now or hereafter amended.
17		The court may further prohibit respondent from
18		improperly using the financial or other resources of an
19		aged member of the family or household for the profit or
20		advantage of respondent or of any other person.
21		(11.5) Protection of animals. Grant the petitioner the
22		exclusive care, custody, or control of any animal owned,
23		possessed, leased, kept, or held by either the petitioner
24		or the respondent or a minor child residing in the
25		residence or household of either the petitioner or the
26		respondent and order the respondent to stay away from the

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1		animal and forbid the respondent from taking,
2		transferring, encumbering, concealing, harming, or
3		otherwise disposing of the animal.
4		(12) Order for payment of support. Order respondent to
5		pay temporary support for the petitioner or any child in
6		the petitioner's care or over whom the petitioner has been
7		allocated parental responsibility, when the respondent has
8		a legal obligation to support that person, in accordance
9		with the Illinois Marriage and Dissolution of Marriage
10		Act, which shall govern, among other matters, the amount
11		of support, payment through the clerk and withholding of
12		income to secure payment. An order for child support may
13		be granted to a petitioner with lawful physical care of a
14		child, or an order or agreement for physical care of a
15		child, prior to entry of an order allocating significant
16		decision-making responsibility. Such a support order shall
17		expire upon entry of a valid order allocating parental
18		responsibility differently and vacating petitioner's
19		significant decision-making responsibility unless
20		otherwise provided in the order.
21		(13) Order for payment of losses. Order respondent to
22		pay petitioner for losses suffered as a direct result of
23		the abuse. Such losses shall include, but not be limited
24		to, medical expenses, lost earnings or other support,
25		repair or replacement of property damaged or taken,
26		reasonable attorney's fees, court costs, and moving or

HB0676 Engrossed - 48 - LRB103 04267 CPF 49273 b
1		other travel expenses, including additional reasonable
2		expenses for temporary shelter and restaurant meals.
3		(i) Losses affecting family needs. If a party is
4		entitled to seek maintenance, child support, or
5		property distribution from the other party under the
6		Illinois Marriage and Dissolution of Marriage Act, as
7		now or hereafter amended, the court may order
8		respondent to reimburse petitioner's actual losses, to
9		the extent that such reimbursement would be
10		"appropriate temporary relief", as authorized by
11		subsection (a)(3) of Section 501 of that Act.
12		(ii) Recovery of expenses. In the case of an
13		improper concealment or removal of a minor child, the
14		court may order respondent to pay the reasonable
15		expenses incurred or to be incurred in the search for
16		and recovery of the minor child, including, but not
17		limited to, legal fees, court costs, private
18		investigator fees, and travel costs.
19		(14) Prohibition of entry. Prohibit the respondent
20		from entering or remaining in the residence or household
21		while the respondent is under the influence of alcohol or
22		drugs and constitutes a threat to the safety and
23		well-being of the petitioner or the petitioner's children.
24		(14.5) Prohibition of firearm possession.
25		(A) A person who is subject to an existing
26		domestic violence order of protection issued under

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1		this Code may not lawfully possess weapons or a
2		Firearm Owner's Identification Card under Section 8.2
3		of the Firearm Owners Identification Card Act.
4		(B) Any firearms in the possession of the
5		respondent, except as provided in subparagraph (C) of
6		this paragraph (14.5), shall be ordered by the court
7		to be turned over to a local law enforcement agency
8		person with a valid Firearm Owner's Identification
9		Card for safekeeping and the respondent shall be
10		prohibited from acquiring or possessing any firearms
11		for the duration of the order of protection. The court
12		shall issue an order that the respondent comply with
13		Section 9.5 of the Firearm Owners Identification Card
14		Act.
15		(B-1) Immediately upon entry of an order of
16		protection prohibiting firearm possession under this
17		Section, the court shall issue a seizure order of any
18		firearm in the possession of the respondent, to be
19		kept by the local law enforcement agency for
20		safekeeping, except as provided in subparagraph (C). A
21		return of the seizure order shall be filed by the law
22		enforcement agency within 48 hours thereafter, setting
23		forth the time, date, and location that the seizure
24		order was executed and what items, if any, were
25		seized. The petitioner's general description of the
26		firearm or firearms and their location shall be

HB0676 Engrossed - 50 - LRB103 04267 CPF 49273 b
1		sufficient to support issuing a seizure order. If the
2		seizure order is not served within 48 hours because
3		the respondent cannot be located, law enforcement
4		shall file the statement of receipt explaining the
5		efforts and attempts made to serve the order on the
6		respondent. The period of safekeeping shall be for the
7		duration of the order of protection.
8		(B-2) Notwithstanding the issuance of a seizure
9		order under subsection (B-1), the respondent shall be
10		ordered to immediately surrender any firearms to the
11		appropriate law enforcement agency and prohibited from
12		transferring firearms to another individual in lieu of
13		surrender to law enforcement.
14		(B-3) The relevant law enforcement agency shall
15		provide a statement of receipt of any firearm seized
16		or surrendered with a description of any firearm
17		seized or surrendered to the respondent and the court.
18		If the respondent fails to surrender the respondent's
19		weapons in accordance with the order to surrender, the
20		law enforcement agency shall file a statement of
21		receipt explaining how and when the order was served
22		and that the respondent did not comply within the
23		required time. This statement of receipt shall be
24		prima facie evidence of compliance with an order to
25		surrender firearms.
26		(C) If the respondent is a peace officer as

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1		defined in Section 2-13 of the Criminal Code of 2012,
2		the court shall order that any firearms used by the
3		respondent in the performance of his or her duties as a
4		peace officer be surrendered to the chief law
5		enforcement executive of the agency in which the
6		respondent is employed, who shall retain the firearms
7		for safekeeping for the duration of the domestic
8		violence order of protection.
9		(D) Upon expiration of the period of safekeeping,
10		if the firearms or Firearm Owner's Identification Card
11		cannot be returned to respondent because respondent
12		cannot be located, fails to respond to requests to
13		retrieve the firearms, or is not lawfully eligible to
14		possess a firearm, upon petition from the local law
15		enforcement agency, the court may order the local law
16		enforcement agency to destroy the firearms, use the
17		firearms for training purposes, or for any other
18		application as deemed appropriate by the local law
19		enforcement agency; or that the firearms be turned
20		over to a third party who is lawfully eligible to
21		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

HB0676 Engrossed - 52 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 53 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 54 - LRB103 04267 CPF 49273 b
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,

HB0676 Engrossed - 55 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 56 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 57 - LRB103 04267 CPF 49273 b
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

HB0676 Engrossed - 59 - LRB103 04267 CPF 49273 b
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 35. The Unified Code of Corrections is amended by
16		changing Section 5-6-3.6 as follows:
17		(730 ILCS 5/5-6-3.6)
18		(Section scheduled to be repealed on January 1, 2024)
19		Sec. 5-6-3.6. First Time Weapon Offense Offender Program.
20		(a) The General Assembly has sought to promote public
21		safety, reduce recidivism, and conserve valuable resources of
22		the criminal justice system through the creation of diversion
23		programs for non-violent offenders. This amendatory Act of the
24		103rd General Assembly amendatory Act of the 100th General

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1		Assembly establishes a pilot program for first-time,
2		non-violent offenders charged with certain weapons possession
3		offenses. The General Assembly recognizes some persons,
4		particularly young adults in areas of high crime or poverty,
5		may have experienced trauma that contributes to poor decision
6		making skills, and the creation of a diversionary program
7		poses a greater benefit to the community and the person than
8		incarceration. Under this program, a court, with the consent
9		of the defendant and the State's Attorney, may sentence a
10		defendant charged with an unlawful use of weapons offense
11		under Section 24-1 of the Criminal Code of 2012 or aggravated
12		unlawful use of a weapon offense under Section 24-1.6 of the
13		Criminal Code of 2012, if punishable as a Class 4 felony or
14		lower, to a First Time Weapon Offense Offender Program.
15		(b) A defendant is not eligible for this Program if:
16		(1) the offense was committed during the commission of
17		a violent offense as defined in subsection (h) of this
18		Section;
19		(2) he or she has previously been convicted or placed
20		on probation or conditional discharge for any violent
21		offense under the laws of this State, the laws of any other
22		state, or the laws of the United States;
23		(3) he or she had a prior successful completion of the
24		First Time Weapon Offense Offender Program under this
25		Section;
26		(4) he or she has previously been adjudicated a

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1		delinquent minor for the commission of a violent offense;
2		(5) (blank); or he or she is 21 years of age or older;
3		or
4		(6) he or she has an existing order of protection
5		issued against him or her.
6		(b-5) In considering whether a defendant shall be
7		sentenced to the First Time Weapon Offense Offender Program,
8		the court shall consider the following:
9		(1) the age, immaturity, or limited mental capacity of
10		the defendant;
11		(2) the nature and circumstances of the offense;
12		(3) whether participation in the Program is in the
13		interest of the defendant's rehabilitation, including any
14		employment or involvement in community, educational,
15		training, or vocational programs;
16		(4) whether the defendant suffers from trauma, as
17		supported by documentation or evaluation by a licensed
18		professional; and
19		(5) the potential risk to public safety.
20		(c) For an offense committed on or after January 1, 2018
21		(the effective date of Public Act 100-3) and before January 1,
22		2024, whenever an eligible person pleads guilty to an unlawful
23		use of weapons offense under Section 24-1 of the Criminal Code
24		of 2012 or aggravated unlawful use of a weapon offense under
25		Section 24-1.6 of the Criminal Code of 2012, which is
26		punishable as a Class 4 felony or lower, the court, with the

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1		consent of the defendant and the State's Attorney, may,
2		without entering a judgment, sentence the defendant to
3		complete the First Time Weapon Offense Offender Program. When
4		a defendant is placed in the Program, the court shall defer
5		further proceedings in the case until the conclusion of the
6		period or until the filing of a petition alleging violation of
7		a term or condition of the Program. Upon violation of a term or
8		condition of the Program, the court may enter a judgment on its
9		original finding of guilt and proceed as otherwise provided by
10		law. Upon fulfillment of the terms and conditions of the
11		Program, the court shall discharge the person and dismiss the
12		proceedings against the person.
13		(d) The Program shall be at least 6 18 months and not to
14		exceed 18 24 months, as determined by the court at the
15		recommendation of the Program administrator and the State's
16		Attorney. The Program administrator may be appointed by the
17		Chief Judge of each Judicial Circuit.
18		(e) The conditions of the Program shall be that the
19		defendant:
20		(1) not violate any criminal statute of this State or
21		any other jurisdiction;
22		(2) refrain from possessing a firearm or other
23		dangerous weapon;
24		(3) (blank); obtain or attempt to obtain employment;
25		(4) (blank); attend educational courses designed to
26		prepare the defendant for obtaining a high school diploma

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1		or to work toward passing high school equivalency testing
2		or to work toward completing a vocational training
3		program;
4		(5) (blank); refrain from having in his or her body
5		the presence of any illicit drug prohibited by the
6		Methamphetamine Control and Community Protection Act, the
7		Cannabis Control Act, or the Illinois Controlled
8		Substances Act, unless prescribed by a physician, and
9		submit samples of his or her blood or urine or both for
10		tests to determine the presence of any illicit drug;
11		(6) (blank); perform a minimum of 50 hours of
12		community service;
13		(7) attend and participate in any Program activities
14		deemed required by the Program administrator, such as
15		including but not limited to: counseling sessions,
16		in-person and over the phone check-ins, and educational
17		classes; and
18		(8) (blank). pay all fines, assessments, fees, and
19		costs.
20		(f) The Program may, in addition to other conditions,
21		require that the defendant:
22		(1) obtain or attempt to obtain employment wear an
23		ankle bracelet with GPS tracking;
24		(2) attend educational courses designed to prepare the
25		defendant for obtaining a high school diploma or to work
26		toward passing high school equivalency testing or to work

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1		toward completing a vocational training program undergo
2		medical or psychiatric treatment, or treatment or
3		rehabilitation approved by the Department of Human
4		Services; and
5		(3) refrain from having in his or her body the
6		presence of any illicit drug prohibited by the
7		Methamphetamine Control and Community Protection Act or
8		the Illinois Controlled Substances Act, unless prescribed
9		by a physician, and submit samples of his or her blood or
10		urine or both for tests to determine the presence of any
11		illicit drug;
12		(4) perform community service; attend or reside in a
13		facility established for the instruction or residence of
14		defendants on probation.
15		(5) pay all fines, assessments, fees, and costs; and
16		(6) comply with such other reasonable conditions as
17		the court may impose.
18		(g) There may be only one discharge and dismissal under
19		this Section. If a person is convicted of any offense which
20		occurred within 5 years subsequent to a discharge and
21		dismissal under this Section, the discharge and dismissal
22		under this Section shall be admissible in the sentencing
23		proceeding for that conviction as evidence in aggravation.
24		(h) For purposes of this Section, "violent offense" means
25		any offense in which bodily harm was inflicted or force was
26		used against any person or threatened against any person; any

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1		offense involving the possession of a firearm or dangerous
2		weapon; any offense involving sexual conduct, sexual
3		penetration, or sexual exploitation; violation of an order of
4		protection, stalking, hate crime, domestic battery, or any
5		offense of domestic violence.
6		(i) (Blank). This Section is repealed on January 1, 2024.
7		(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
8		Section 40. The Illinois Domestic Violence Act of 1986 is
9		amended by changing Sections 202 and 214 as follows:
10		(750 ILCS 60/202) (from Ch. 40, par. 2312-2)
11		Sec. 202. Commencement of action; filing fees; dismissal.
12		(a) How to commence action. Actions for orders of
13		protection are commenced:
14		(1) Independently: By filing a petition for an order
15		of protection in any civil court, unless specific courts
16		are designated by local rule or order.
17		(2) In conjunction with another civil proceeding: By
18		filing a petition for an order of protection under the
19		same case number as another civil proceeding involving the
20		parties, including, but not limited to: (i) any proceeding
21		under the Illinois Marriage and Dissolution of Marriage
22		Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
23		and Children Act, or Revised Uniform Reciprocal
24		Enforcement of Support Act or an action for nonsupport

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1		brought under Article X of the Illinois Public Aid Code,
2		provided that a petitioner and the respondent are a party
3		to or the subject of that proceeding; or (ii) a
4		guardianship proceeding under the Probate Act of 1975, or
5		a proceeding for involuntary commitment under the Mental
6		Health and Developmental Disabilities Code, or any
7		proceeding, other than a delinquency petition, under the
8		Juvenile Court Act of 1987, provided that a petitioner or
9		the respondent is a party to or the subject of such
10		proceeding; or (iii) an emergency or plenary proceeding
11		under the Firearms Restraining Order Act provided that a
12		petitioner and the respondent are a party to or the
13		subject of that proceeding.
14		(3) In conjunction with a delinquency petition or a
15		criminal prosecution as provided in Section 112A-20 of the
16		Code of Criminal Procedure of 1963.
17		(a-1) A petition for an order of protection may be filed in
18		person in-person or online.
19		(a-5) When a petition for an emergency order of protection
20		is filed, the petition shall not be publicly available until
21		the petition is served on the respondent.
22		(b) Filing, certification, and service fees. No fee shall
23		be charged by the clerk for filing, amending, vacating,
24		certifying, or photocopying petitions or orders; or for
25		issuing alias summons; or for any related filing service. No
26		fee shall be charged by the sheriff for service by the sheriff

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1		of a petition, rule, motion, or order in an action commenced
2		under this Section.
3		(c) Dismissal and consolidation. Withdrawal or dismissal
4		of any petition for an order of protection prior to
5		adjudication where the petitioner is represented by the State
6		shall operate as a dismissal without prejudice. No action for
7		an order of protection shall be dismissed because the
8		respondent is being prosecuted for a crime against the
9		petitioner. An independent action may be consolidated with
10		another civil proceeding, as provided by paragraph (2) of
11		subsection (a) of this Section. For any action commenced under
12		paragraph (2) or (3) of subsection (a) of this Section,
13		dismissal of the conjoined case (or a finding of not guilty)
14		shall not require dismissal of the action for the order of
15		protection; instead, it may be treated as an independent
16		action and, if necessary and appropriate, transferred to a
17		different court or division. Dismissal of any conjoined case
18		shall not affect the validity of any previously issued order
19		of protection, and thereafter subsections (b)(1) and (b)(2) of
20		Section 220 shall be inapplicable to such order.
21		(d) Pro se petitions. The court shall provide, through the
22		office of the clerk of the court, simplified forms and
23		clerical assistance to help with the writing and filing of a
24		petition under this Section by any person not represented by
25		counsel. In addition, that assistance may be provided by the
26		State's Attorney state's attorney.

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1		(e) As provided in this subsection, the administrative
2		director of the Administrative Office of the Illinois Courts,
3		with the approval of the administrative board of the courts,
4		may adopt rules to establish and implement a pilot program to
5		allow the electronic filing of petitions for temporary orders
6		of protection and the issuance of such orders by audio-visual
7		means to accommodate litigants for whom attendance in court to
8		file for and obtain emergency relief would constitute an undue
9		hardship or would constitute a risk of harm to the litigant.
10		(1) As used in this subsection:
11		(A) "Electronic means" means any method of
12		transmission of information between computers or other
13		machines designed for the purpose of sending or
14		receiving electronic transmission and that allows for
15		the recipient of information to reproduce the
16		information received in a tangible medium of
17		expression.
18		(B) "Independent audio-visual system" means an
19		electronic system for the transmission and receiving
20		of audio and visual signals, including those with the
21		means to preclude the unauthorized reception and
22		decoding of the signals by commercially available
23		television receivers, channel converters, or other
24		available receiving devices.
25		(C) "Electronic appearance" means an appearance in
26		which one or more of the parties are not present in the

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1		court, but in which, by means of an independent
2		audio-visual system, all of the participants are
3		simultaneously able to see and hear reproductions of
4		the voices and images of the judge, counsel, parties,
5		witnesses, and any other participants.
6		(2) Any pilot program under this subsection (e) shall
7		be developed by the administrative director or his or her
8		delegate in consultation with at least one local
9		organization providing assistance to domestic violence
10		victims. The program plan shall include, but not be
11		limited to:
12		(A) identification of agencies equipped with or
13		that have access to an independent audio-visual system
14		and electronic means for filing documents; and
15		(B) identification of one or more organizations
16		who are trained and available to assist petitioners in
17		preparing and filing petitions for temporary orders of
18		protection and in their electronic appearances before
19		the court to obtain such orders; and
20		(C) identification of the existing resources
21		available in local family courts for the
22		implementation and oversight of the pilot program; and
23		(D) procedures for filing petitions and documents
24		by electronic means, swearing in the petitioners and
25		witnesses, preparation of a transcript of testimony
26		and evidence presented, and a prompt transmission of

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1		any orders issued to the parties; and
2		(E) a timeline for implementation and a plan for
3		informing the public about the availability of the
4		program; and
5		(F) a description of the data to be collected in
6		order to evaluate and make recommendations for
7		improvements to the pilot program.
8		(3) In conjunction with an electronic appearance, any
9		petitioner for an ex parte temporary order of protection
10		may, using the assistance of a trained advocate if
11		necessary, commence the proceedings by filing a petition
12		by electronic means.
13		(A) A petitioner who is seeking an ex parte
14		temporary order of protection using an electronic
15		appearance must file a petition in advance of the
16		appearance and may do so electronically.
17		(B) The petitioner must show that traveling to or
18		appearing in court would constitute an undue hardship
19		or create a risk of harm to the petitioner. In granting
20		or denying any relief sought by the petitioner, the
21		court shall state the names of all participants and
22		whether it is granting or denying an appearance by
23		electronic means and the basis for such a
24		determination. A party is not required to file a
25		petition or other document by electronic means or to
26		testify by means of an electronic appearance.

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1		(C) Nothing in this subsection (e) affects or
2		changes any existing laws governing the service of
3		process, including requirements for personal service
4		or the sealing and confidentiality of court records in
5		court proceedings or access to court records by the
6		parties to the proceedings.
7		(4) Appearances.
8		(A) All electronic appearances by a petitioner
9		seeking an ex parte temporary order of protection
10		under this subsection (e) are strictly voluntary and
11		the court shall obtain the consent of the petitioner
12		on the record at the commencement of each appearance.
13		(B) Electronic appearances under this subsection
14		(e) shall be recorded and preserved for transcription.
15		Documentary evidence, if any, referred to by a party
16		or witness or the court may be transmitted and
17		submitted and introduced by electronic means.
18		(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
19		revised 12-13-22.)
20		(750 ILCS 60/214) (from Ch. 40, par. 2312-14)
21		Sec. 214. Order of protection; remedies.
22		(a) Issuance of order. If the court finds that petitioner
23		has been abused by a family or household member or that
24		petitioner is a high-risk adult who has been abused,
25		neglected, or exploited, as defined in this Act, an order of

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1		protection prohibiting the abuse, neglect, or exploitation
2		shall issue; provided that petitioner must also satisfy the
3		requirements of one of the following Sections, as appropriate:
4		Section 217 on emergency orders, Section 218 on interim
5		orders, or Section 219 on plenary orders. Petitioner shall not
6		be denied an order of protection because petitioner or
7		respondent is a minor. The court, when determining whether or
8		not to issue an order of protection, shall not require
9		physical manifestations of abuse on the person of the victim.
10		Modification and extension of prior orders of protection shall
11		be in accordance with this Act.
12		(b) Remedies and standards. The remedies to be included in
13		an order of protection shall be determined in accordance with
14		this Section and one of the following Sections, as
15		appropriate: Section 217 on emergency orders, Section 218 on
16		interim orders, and Section 219 on plenary orders. The
17		remedies listed in this subsection shall be in addition to
18		other civil or criminal remedies available to petitioner.
19		(1) Prohibition of abuse, neglect, or exploitation.
20		Prohibit respondent's harassment, interference with
21		personal liberty, intimidation of a dependent, physical
22		abuse, or willful deprivation, neglect or exploitation, as
23		defined in this Act, or stalking of the petitioner, as
24		defined in Section 12-7.3 of the Criminal Code of 2012, if
25		such abuse, neglect, exploitation, or stalking has
26		occurred or otherwise appears likely to occur if not

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1		prohibited.
2		(2) Grant of exclusive possession of residence.
3		Prohibit respondent from entering or remaining in any
4		residence, household, or premises of the petitioner,
5		including one owned or leased by respondent, if petitioner
6		has a right to occupancy thereof. The grant of exclusive
7		possession of the residence, household, or premises shall
8		not affect title to real property, nor shall the court be
9		limited by the standard set forth in subsection (c-2) of
10		Section 501 of the Illinois Marriage and Dissolution of
11		Marriage Act.
12		(A) Right to occupancy. A party has a right to
13		occupancy of a residence or household if it is solely
14		or jointly owned or leased by that party, that party's
15		spouse, a person with a legal duty to support that
16		party or a minor child in that party's care, or by any
17		person or entity other than the opposing party that
18		authorizes that party's occupancy (e.g., a domestic
19		violence shelter). Standards set forth in subparagraph
20		(B) shall not preclude equitable relief.
21		(B) Presumption of hardships. If petitioner and
22		respondent each has the right to occupancy of a
23		residence or household, the court shall balance (i)
24		the hardships to respondent and any minor child or
25		dependent adult in respondent's care resulting from
26		entry of this remedy with (ii) the hardships to

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1		petitioner and any minor child or dependent adult in
2		petitioner's care resulting from continued exposure to
3		the risk of abuse (should petitioner remain at the
4		residence or household) or from loss of possession of
5		the residence or household (should petitioner leave to
6		avoid the risk of abuse). When determining the balance
7		of hardships, the court shall also take into account
8		the accessibility of the residence or household.
9		Hardships need not be balanced if respondent does not
10		have a right to occupancy.
11		The balance of hardships is presumed to favor
12		possession by petitioner unless the presumption is
13		rebutted by a preponderance of the evidence, showing
14		that the hardships to respondent substantially
15		outweigh the hardships to petitioner and any minor
16		child or dependent adult in petitioner's care. The
17		court, on the request of petitioner or on its own
18		motion, may order respondent to provide suitable,
19		accessible, alternate housing for petitioner instead
20		of excluding respondent from a mutual residence or
21		household.
22		(3) Stay away order and additional prohibitions. Order
23		respondent to stay away from petitioner or any other
24		person protected by the order of protection, or prohibit
25		respondent from entering or remaining present at
26		petitioner's school, place of employment, or other

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1		specified places at times when petitioner is present, or
2		both, if reasonable, given the balance of hardships.
3		Hardships need not be balanced for the court to enter a
4		stay away order or prohibit entry if respondent has no
5		right to enter the premises.
6		(A) If an order of protection grants petitioner
7		exclusive possession of the residence, or prohibits
8		respondent from entering the residence, or orders
9		respondent to stay away from petitioner or other
10		protected persons, then the court may allow respondent
11		access to the residence to remove items of clothing
12		and personal adornment used exclusively by respondent,
13		medications, and other items as the court directs. The
14		right to access shall be exercised on only one
15		occasion as the court directs and in the presence of an
16		agreed-upon adult third party or law enforcement
17		officer.
18		(B) When the petitioner and the respondent attend
19		the same public, private, or non-public elementary,
20		middle, or high school, the court when issuing an
21		order of protection and providing relief shall
22		consider the severity of the act, any continuing
23		physical danger or emotional distress to the
24		petitioner, the educational rights guaranteed to the
25		petitioner and respondent under federal and State law,
26		the availability of a transfer of the respondent to

HB0676 Engrossed - 76 - LRB103 04267 CPF 49273 b
1		another school, a change of placement or a change of
2		program of the respondent, the expense, difficulty,
3		and educational disruption that would be caused by a
4		transfer of the respondent to another school, and any
5		other relevant facts of the case. The court may order
6		that the respondent not attend the public, private, or
7		non-public elementary, middle, or high school attended
8		by the petitioner, order that the respondent accept a
9		change of placement or change of program, as
10		determined by the school district or private or
11		non-public school, or place restrictions on the
12		respondent's movements within the school attended by
13		the petitioner. The respondent bears the burden of
14		proving by a preponderance of the evidence that a
15		transfer, change of placement, or change of program of
16		the respondent is not available. The respondent also
17		bears the burden of production with respect to the
18		expense, difficulty, and educational disruption that
19		would be caused by a transfer of the respondent to
20		another school. A transfer, change of placement, or
21		change of program is not unavailable to the respondent
22		solely on the ground that the respondent does not
23		agree with the school district's or private or
24		non-public school's transfer, change of placement, or
25		change of program or solely on the ground that the
26		respondent fails or refuses to consent or otherwise

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1		does not take an action required to effectuate a
2		transfer, change of placement, or change of program.
3		When a court orders a respondent to stay away from the
4		public, private, or non-public school attended by the
5		petitioner and the respondent requests a transfer to
6		another attendance center within the respondent's
7		school district or private or non-public school, the
8		school district or private or non-public school shall
9		have sole discretion to determine the attendance
10		center to which the respondent is transferred. In the
11		event the court order results in a transfer of the
12		minor respondent to another attendance center, a
13		change in the respondent's placement, or a change of
14		the respondent's program, the parents, guardian, or
15		legal custodian of the respondent is responsible for
16		transportation and other costs associated with the
17		transfer or change.
18		(C) The court may order the parents, guardian, or
19		legal custodian of a minor respondent to take certain
20		actions or to refrain from taking certain actions to
21		ensure that the respondent complies with the order. In
22		the event the court orders a transfer of the
23		respondent to another school, the parents, guardian,
24		or legal custodian of the respondent is responsible
25		for transportation and other costs associated with the
26		change of school by the respondent.

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1		(4) Counseling. Require or recommend the respondent to
2		undergo counseling for a specified duration with a social
3		worker, psychologist, clinical psychologist,
4		psychiatrist, family service agency, alcohol or substance
5		abuse program, mental health center guidance counselor,
6		agency providing services to elders, program designed for
7		domestic violence abusers or any other guidance service
8		the court deems appropriate. The Court may order the
9		respondent in any intimate partner relationship to report
10		to an Illinois Department of Human Services protocol
11		approved partner abuse intervention program for an
12		assessment and to follow all recommended treatment.
13		(5) Physical care and possession of the minor child.
14		In order to protect the minor child from abuse, neglect,
15		or unwarranted separation from the person who has been the
16		minor child's primary caretaker, or to otherwise protect
17		the well-being of the minor child, the court may do either
18		or both of the following: (i) grant petitioner physical
19		care or possession of the minor child, or both, or (ii)
20		order respondent to return a minor child to, or not remove
21		a minor child from, the physical care of a parent or person
22		in loco parentis.
23		If a court finds, after a hearing, that respondent has
24		committed abuse (as defined in Section 103) of a minor
25		child, there shall be a rebuttable presumption that
26		awarding physical care to respondent would not be in the

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1		minor child's best interest.
2		(6) Temporary allocation of parental responsibilities:
3		significant decision-making. Award temporary
4		decision-making responsibility to petitioner in accordance
5		with this Section, the Illinois Marriage and Dissolution
6		of Marriage Act, the Illinois Parentage Act of 2015, and
7		this State's Uniform Child-Custody Jurisdiction and
8		Enforcement Act.
9		If a court finds, after a hearing, that respondent has
10		committed abuse (as defined in Section 103) of a minor
11		child, there shall be a rebuttable presumption that
12		awarding temporary significant decision-making
13		responsibility to respondent would not be in the child's
14		best interest.
15		(7) Parenting time. Determine the parenting time, if
16		any, of respondent in any case in which the court awards
17		physical care or allocates temporary significant
18		decision-making responsibility of a minor child to
19		petitioner. The court shall restrict or deny respondent's
20		parenting time with a minor child if the court finds that
21		respondent has done or is likely to do any of the
22		following: (i) abuse or endanger the minor child during
23		parenting time; (ii) use the parenting time as an
24		opportunity to abuse or harass petitioner or petitioner's
25		family or household members; (iii) improperly conceal or
26		detain the minor child; or (iv) otherwise act in a manner

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1		that is not in the best interests of the minor child. The
2		court shall not be limited by the standards set forth in
3		Section 603.10 of the Illinois Marriage and Dissolution of
4		Marriage Act. If the court grants parenting time, the
5		order shall specify dates and times for the parenting time
6		to take place or other specific parameters or conditions
7		that are appropriate. No order for parenting time shall
8		refer merely to the term "reasonable parenting time".
9		Petitioner may deny respondent access to the minor
10		child if, when respondent arrives for parenting time,
11		respondent is under the influence of drugs or alcohol and
12		constitutes a threat to the safety and well-being of
13		petitioner or petitioner's minor children or is behaving
14		in a violent or abusive manner.
15		If necessary to protect any member of petitioner's
16		family or household from future abuse, respondent shall be
17		prohibited from coming to petitioner's residence to meet
18		the minor child for parenting time, and the parties shall
19		submit to the court their recommendations for reasonable
20		alternative arrangements for parenting time. A person may
21		be approved to supervise parenting time only after filing
22		an affidavit accepting that responsibility and
23		acknowledging accountability to the court.
24		(8) Removal or concealment of minor child. Prohibit
25		respondent from removing a minor child from the State or
26		concealing the child within the State.

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1		(9) Order to appear. Order the respondent to appear in
2		court, alone or with a minor child, to prevent abuse,
3		neglect, removal or concealment of the child, to return
4		the child to the custody or care of the petitioner or to
5		permit any court-ordered interview or examination of the
6		child or the respondent.
7		(10) Possession of personal property. Grant petitioner
8		exclusive possession of personal property and, if
9		respondent has possession or control, direct respondent to
10		promptly make it available to petitioner, if:
11		(i) petitioner, but not respondent, owns the
12		property; or
13		(ii) the parties own the property jointly; sharing
14		it would risk abuse of petitioner by respondent or is
15		impracticable; and the balance of hardships favors
16		temporary possession by petitioner.
17		If petitioner's sole claim to ownership of the
18		property is that it is marital property, the court may
19		award petitioner temporary possession thereof under the
20		standards of subparagraph (ii) of this paragraph only if a
21		proper proceeding has been filed under the Illinois
22		Marriage and Dissolution of Marriage Act, as now or
23		hereafter amended.
24		No order under this provision shall affect title to
25		property.
26		(11) Protection of property. Forbid the respondent

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1		from taking, transferring, encumbering, concealing,
2		damaging or otherwise disposing of any real or personal
3		property, except as explicitly authorized by the court,
4		if:
5		(i) petitioner, but not respondent, owns the
6		property; or
7		(ii) the parties own the property jointly, and the
8		balance of hardships favors 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 the petitioner's
17		significant decision-making authority, unless otherwise
18		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, neglect, or exploitation. Such losses shall
22		include, but not be limited to, medical expenses, lost
23		earnings or other support, repair or replacement of
24		property damaged or taken, reasonable attorney's fees,
25		court costs and moving or other travel expenses, including
26		additional reasonable expenses for temporary shelter and

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1		restaurant meals.
2		(i) Losses affecting family needs. If a party is
3		entitled to seek maintenance, child support or
4		property distribution from the other party under the
5		Illinois Marriage and Dissolution of Marriage Act, as
6		now or hereafter amended, the court may order
7		respondent to reimburse petitioner's actual losses, to
8		the extent that such reimbursement would be
9		"appropriate temporary relief", as authorized by
10		subsection (a)(3) of Section 501 of that Act.
11		(ii) Recovery of expenses. In the case of an
12		improper concealment or removal of a minor child, the
13		court may order respondent to pay the reasonable
14		expenses incurred or to be incurred in the search for
15		and recovery of the minor child, including but not
16		limited to legal fees, court costs, private
17		investigator fees, and travel costs.
18		(14) Prohibition of entry. Prohibit the respondent
19		from entering or remaining in the residence or household
20		while the respondent is under the influence of alcohol or
21		drugs and constitutes a threat to the safety and
22		well-being of the petitioner or the petitioner's children.
23		(14.5) Prohibition of firearm possession.
24		(a) Prohibit a respondent against whom an order of
25		protection was issued from possessing any firearms
26		during the duration of the order if the order:

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1		(1) was issued after a hearing of which such
2		person received actual notice, and at which such
3		person had an opportunity to participate, except
4		in circumstances where an order is entered in
5		conjunction with an affidavit or the verified
6		petition for an emergency order of protection
7		demonstrating exigent circumstances thereby
8		justifying an entry of an emergency order without
9		prior notice;
10		(2) restrains such person from abusing the
11		petitioner as defined in this Act harassing,
12		stalking, or threatening an intimate partner of
13		such person or child of such intimate partner or
14		person, or engaging in other conduct that would
15		place an intimate partner in reasonable fear of
16		bodily injury to the partner or child; and
17		(3)(i) includes a finding that such person
18		represents a credible threat to the physical
19		safety of the petitioner such intimate partner or
20		child; or (ii) by its terms explicitly prohibits
21		the use, attempted use, or threatened use of
22		physical force against the petitioner such
23		intimate partner or child that would reasonably be
24		expected to cause bodily injury.
25		(a-1) Except as provided in subparagraph (b), any
26		Any Firearm Owner's Identification Card in the

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1		possession of the respondent, except as provided in
2		subsection (b), shall be ordered by the court to be
3		turned over to the local law enforcement agency and
4		the respondent shall be prohibited from acquiring or
5		possessing any firearms for the duration of the order
6		of protection. The local law enforcement agency shall
7		immediately mail the card to the Illinois State Police
8		Firearm Owner's Identification Card Office for
9		safekeeping.
10		(a-2) Immediately upon entry of the order of
11		protection prohibiting firearm possession under this
12		Section, the The court shall issue a seizure order
13		warrant for seizure of any firearm in the possession
14		of the respondent, to be kept by the local law
15		enforcement agency for safekeeping, except as provided
16		in subparagraph subsection (b). The petitioner's
17		general description of the firearm or firearms and
18		their location shall be sufficient to support issuing
19		a seizure order. If the seizure order is not served
20		within 48 hours because the respondent cannot be
21		located, law enforcement shall file the statement of
22		receipt explaining the efforts and attempts made to
23		serve the order on the respondent. The period of
24		safekeeping shall be for the duration of the order of
25		protection. The respondent against whom an order of
26		protection was issued, including an emergency order of

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1		protection, shall not possess any firearms for the
2		duration of the order.
3		(a-3) Notwithstanding the issuance of a seizure
4		order under subparagraph (a-2), the respondent shall
5		be ordered to immediately surrender any firearms to
6		the appropriate law enforcement agency and prohibited
7		from transferring firearms to another individual in
8		lieu of surrender to law enforcement.
9		(a-4) The relevant law enforcement agency shall
10		provide a statement of receipt of any firearm seized
11		or surrendered with a description of any firearm
12		seized or surrendered to the respondent and the court.
13		If the respondent fails to surrender the respondent's
14		weapons in accordance with the order to surrender, the
15		law enforcement agency shall file a statement of
16		receipt explaining how and when the order was served
17		and that the respondent did not comply within the
18		required time. This statement of receipt shall be
19		prima facie evidence of compliance with an order to
20		surrender firearms.
21		(a-5) The firearm or firearms and Firearm Owner's
22		Identification Card, if unexpired, shall at the
23		respondent's request, be returned to the respondent at
24		the end of the order of protection. It is the
25		respondent's responsibility to notify the Illinois
26		State Police Firearm Owner's Identification Card

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1		Office of the end of the order of protection.
2		(b) If the respondent is a peace officer as
3		defined in Section 2-13 of the Criminal Code of 2012,
4		the court shall order that any firearms used by the
5		respondent in the performance of his or her duties as a
6		peace officer be surrendered to the chief law
7		enforcement executive of the agency in which the
8		respondent is employed, who shall retain the firearms
9		for safekeeping for the duration of the order of
10		protection.
11		(c) Upon expiration of the period of safekeeping,
12		if the firearms or Firearm Owner's Identification Card
13		cannot be returned to respondent because respondent
14		cannot be located, fails to respond to requests to
15		retrieve the firearms, or is not lawfully eligible to
16		possess a firearm, upon petition from the local law
17		enforcement agency, the court may order the local law
18		enforcement agency to destroy the firearms, use the
19		firearms for training purposes, or for any other
20		application as deemed appropriate by the local law
21		enforcement agency; or that the firearms be turned
22		over to a third party who is lawfully eligible to
23		possess firearms, and who does not reside with
24		respondent.
25		(15) Prohibition of access to records. If an order of
26		protection prohibits respondent from having contact with

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1		the minor child, or if petitioner's address is omitted
2		under subsection (b) of Section 203, or if necessary to
3		prevent abuse or wrongful removal or concealment of a
4		minor child, the order shall deny respondent access to,
5		and prohibit respondent from inspecting, obtaining, or
6		attempting to inspect or obtain, school or any other
7		records of the minor child who is in the care of
8		petitioner.
9		(16) Order for payment of shelter services. Order
10		respondent to reimburse a shelter providing temporary
11		housing and counseling services to the petitioner for the
12		cost of the services, as certified by the shelter and
13		deemed reasonable by the court.
14		(17) Order for injunctive relief. Enter injunctive
15		relief necessary or appropriate to prevent further abuse
16		of a family or household member or further abuse, neglect,
17		or exploitation of a high-risk adult with disabilities or
18		to effectuate one of the granted remedies, if supported by
19		the balance of hardships. If the harm to be prevented by
20		the injunction is abuse or any other harm that one of the
21		remedies listed in paragraphs (1) through (16) of this
22		subsection is designed to prevent, no further evidence is
23		necessary that the harm is an irreparable injury.
24		(18) Telephone services.
25		(A) Unless a condition described in subparagraph
26		(B) of this paragraph exists, the court may, upon

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1		request by the petitioner, order a wireless telephone
2		service provider to transfer to the petitioner the
3		right to continue to use a telephone number or numbers
4		indicated by the petitioner and the financial
5		responsibility associated with the number or numbers,
6		as set forth in subparagraph (C) of this paragraph.
7		For purposes of this paragraph (18), the term
8		"wireless telephone service provider" means a provider
9		of commercial mobile service as defined in 47 U.S.C.
10		332. The petitioner may request the transfer of each
11		telephone number that the petitioner, or a minor child
12		in his or her custody, uses. The clerk of the court
13		shall serve the order on the wireless telephone
14		service provider's agent for service of process
15		provided to the Illinois Commerce Commission. The
16		order shall contain all of the following:
17		(i) The name and billing telephone number of
18		the account holder including the name of the
19		wireless telephone service provider that serves
20		the account.
21		(ii) Each telephone number that will be
22		transferred.
23		(iii) A statement that the provider transfers
24		to the petitioner all financial responsibility for
25		and right to the use of any telephone number
26		transferred under this paragraph.

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1		(B) A wireless telephone service provider shall
2		terminate the respondent's use of, and shall transfer
3		to the petitioner use of, the telephone number or
4		numbers indicated in subparagraph (A) of this
5		paragraph unless it notifies the petitioner, within 72
6		hours after it receives the order, that one of the
7		following applies:
8		(i) The account holder named in the order has
9		terminated the account.
10		(ii) A difference in network technology would
11		prevent or impair the functionality of a device on
12		a network if the transfer occurs.
13		(iii) The transfer would cause a geographic or
14		other limitation on network or service provision
15		to the petitioner.
16		(iv) Another technological or operational
17		issue would prevent or impair the use of the
18		telephone number if the transfer occurs.
19		(C) The petitioner assumes all financial
20		responsibility for and right to the use of any
21		telephone number transferred under this paragraph. In
22		this paragraph, "financial responsibility" includes
23		monthly service costs and costs associated with any
24		mobile device associated with the number.
25		(D) A wireless telephone service provider may
26		apply to the petitioner its routine and customary

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1		requirements for establishing an account or
2		transferring a number, including requiring the
3		petitioner to provide proof of identification,
4		financial information, and customer preferences.
5		(E) Except for willful or wanton misconduct, a
6		wireless telephone service provider is immune from
7		civil liability for its actions taken in compliance
8		with a court order issued under this paragraph.
9		(F) All wireless service providers that provide
10		services to residential customers shall provide to the
11		Illinois Commerce Commission the name and address of
12		an agent for service of orders entered under this
13		paragraph (18). Any change in status of the registered
14		agent must be reported to the Illinois Commerce
15		Commission within 30 days of such change.
16		(G) The Illinois Commerce Commission shall
17		maintain the list of registered agents for service for
18		each wireless telephone service provider on the
19		Commission's website. The Commission may consult with
20		wireless telephone service providers and the Circuit
21		Court Clerks on the manner in which this information
22		is provided and displayed.
23		(c) Relevant factors; findings.
24		(1) In determining whether to grant a specific remedy,
25		other than payment of support, the court shall consider
26		relevant factors, including but not limited to the

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1		following:
2		(i) the nature, frequency, severity, pattern and
3		consequences of the respondent's past abuse, neglect
4		or exploitation of the petitioner or any family or
5		household member, including the concealment of his or
6		her location in order to evade service of process or
7		notice, and the likelihood of danger of future abuse,
8		neglect, or exploitation to petitioner or any member
9		of petitioner's or respondent's family or household;
10		and
11		(ii) the danger that any minor child will be
12		abused or neglected or improperly relocated from the
13		jurisdiction, improperly concealed within the State or
14		improperly separated from the child's primary
15		caretaker.
16		(2) In comparing relative hardships resulting to the
17		parties from loss of possession of the family home, the
18		court shall consider relevant factors, including but not
19		limited to the following:
20		(i) availability, accessibility, cost, safety,
21		adequacy, location and other characteristics of
22		alternate housing for each party and any minor child
23		or dependent adult in the party's care;
24		(ii) the effect on the party's employment; and
25		(iii) the effect on the relationship of the party,
26		and any minor child or dependent adult in the party's

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1		care, to family, school, church and community.
2		(3) Subject to the exceptions set forth in paragraph
3		(4) of this subsection, the court shall make its findings
4		in an official record or in writing, and shall at a minimum
5		set forth the following:
6		(i) That the court has considered the applicable
7		relevant factors described in paragraphs (1) and (2)
8		of this subsection.
9		(ii) Whether the conduct or actions of respondent,
10		unless prohibited, will likely cause irreparable harm
11		or continued abuse.
12		(iii) Whether it is necessary to grant the
13		requested relief in order to protect petitioner or
14		other alleged abused persons.
15		(4) For purposes of issuing an ex parte emergency
16		order of protection, the court, as an alternative to or as
17		a supplement to making the findings described in
18		paragraphs (c)(3)(i) through (c)(3)(iii) of this
19		subsection, may use the following procedure:
20		When a verified petition for an emergency order of
21		protection in accordance with the requirements of Sections
22		203 and 217 is presented to the court, the court shall
23		examine petitioner on oath or affirmation. An emergency
24		order of protection shall be issued by the court if it
25		appears from the contents of the petition and the
26		examination of petitioner that the averments are

HB0676 Engrossed - 95 - LRB103 04267 CPF 49273 b
1		sufficient to indicate abuse by respondent and to support
2		the granting of relief under the issuance of the emergency
3		order of protection.
4		(5) Never married parties. No rights or
5		responsibilities for a minor child born outside of
6		marriage attach to a putative father until a father and
7		child relationship has been established under the Illinois
8		Parentage Act of 1984, the Illinois Parentage Act of 2015,
9		the Illinois Public Aid Code, Section 12 of the Vital
10		Records Act, the Juvenile Court Act of 1987, the Probate
11		Act of 1975, the Revised Uniform Reciprocal Enforcement of
12		Support Act, the Uniform Interstate Family Support Act,
13		the Expedited Child Support Act of 1990, any judicial,
14		administrative, or other act of another state or
15		territory, any other Illinois statute, or by any foreign
16		nation establishing the father and child relationship, any
17		other proceeding substantially in conformity with the
18		Personal Responsibility and Work Opportunity
19		Reconciliation Act of 1996 (Pub. L. 104-193), or where
20		both parties appeared in open court or at an
21		administrative hearing acknowledging under oath or
22		admitting by affirmation the existence of a father and
23		child relationship. Absent such an adjudication, finding,
24		or acknowledgment, no putative father shall be granted
25		temporary allocation of parental responsibilities,
26		including parenting time with the minor child, or physical

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1		care and possession of the minor child, nor shall an order
2		of payment for support of the minor child be entered.
3		(d) Balance of hardships; findings. If the court finds
4		that the balance of hardships does not support the granting of
5		a remedy governed by paragraph (2), (3), (10), (11), or (16) of
6		subsection (b) of this Section, which may require such
7		balancing, the court's findings shall so indicate and shall
8		include a finding as to whether granting the remedy will
9		result in hardship to respondent that would substantially
10		outweigh the hardship to petitioner from denial of the remedy.
11		The findings shall be an official record or in writing.
12		(e) Denial of remedies. Denial of any remedy shall not be
13		based, in whole or in part, on evidence that:
14		(1) Respondent has cause for any use of force, unless
15		that cause satisfies the standards for justifiable use of
16		force provided by Article 7 of the Criminal Code of 2012;
17		(2) Respondent was voluntarily intoxicated;
18		(3) Petitioner acted in self-defense or defense of
19		another, provided that, if petitioner utilized force, such
20		force was justifiable under Article 7 of the Criminal Code
21		of 2012;
22		(4) Petitioner did not act in self-defense or defense
23		of another;
24		(5) Petitioner left the residence or household to
25		avoid further abuse, neglect, or exploitation by
26		respondent;

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1		(6) Petitioner did not leave the residence or
2		household to avoid further abuse, neglect, or exploitation
3		by respondent;
4		(7) Conduct by any family or household member excused
5		the abuse, neglect, or exploitation by respondent, unless
6		that same conduct would have excused such abuse, neglect,
7		or exploitation if the parties had not been family or
8		household members.
9		(Source: P.A. 102-538, eff. 8-20-21.)
10		Section 95. No acceleration or delay. Where this Act makes
11		changes in a statute that is represented in this Act by text
12		that is not yet or no longer in effect (for example, a Section
13		represented by multiple versions), the use of that text does
14		not accelerate or delay the taking effect of (i) the changes
15		made by this Act or (ii) provisions derived from any other
16		Public Act.
17		Section 99. Effective date. This Act takes effect July 1,
18		2023.