Bill Text: IL HB0676 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Counties Code. In the provision that the county board of any county may, by ordinance, regulate or prohibit within unincorporated areas the discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury, defines "residential area" as any area within 1,000 (rather than 300) yards of at least 3 single or multi-family residential structures. Amends the Illinois Insurance Code. Creates the Task Force on Firearm Insurance to review current and potential future insurance policy offerings for the safe and legal possession of firearms and offer policymaking recommendations related to the use of that insurance. Provides that the Department of Insurance shall provide administrative support for the Task Force. Provides that the Task Force shall be comprised of specified members. Provides that the Task Force shall elect a chairperson from its membership. Provides that appointments shall be made within 90 days after the effective date of the amendatory Act. Provides that members shall serve without compensation. Provides that the Task Force shall submit a report of findings, recommendations, and other information to the Governor and the General Assembly by December 31, 2023. Provides that the Task Force is dissolved January 1, 2025. Amends the Firearm owners Identification Card Act. Provides that no person may acquire or possess any prepackaged explosive components within the State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of the Act. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unlawful sale or delivery of prepackaged explosive components. Defines the offense and provides penalties for violation. Amends the Firearms Restraining Order Act. Expands the definition of "petitioner" to include intimate partners. Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Changes the name of the Program to the First Time Weapon Offense Program. Deletes a provision that a defendant is not eligible for the Program if he or she is 21 years of age or older. Provides that the Program shall be at least 6 (rather than 18) months and not to exceed 18 (rather than 24) months. Makes other changes to the Program. Amends the Illinois Domestic Violence Act of 1986. Provides that actions for an order of protection may be commenced in conjunction with an emergency or plenary proceeding under the Firearms Restraining Order Act provided that a petitioner and the respondent are a party to or the subject of that proceeding. Allows the court to prohibit a respondent against whom an order of protection was issued from possessing any firearms during the duration of the order if the order (1) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate, except in circumstances where an order is entered in conjunction with an affidavit or the verified petition for an emergency order of protection demonstrating exigent circumstances thereby justifying an entry of an emergency order without prior notice and (2) restrains such person from abusing the petitioner (rather than harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child). Prohibits the respondent of an order of protection prohibiting firearm possession to surrender any firearms from acquiring or possessing any firearms for the duration of the order of protection. Requires the court to immediately upon the entry of the order of protection prohibiting firearm possession issue a seizure order of any firearm in the possession of the respondent. Provides that the respondent shall be ordered to immediately surrender any firearms to the appropriate law enforcement agency and prohibited from transferring firearms to another individual in lieu of surrender to law enforcement. Provides that the relevant law enforcement agency shall provide a statement of receipt of any firearm seized or surrendered with a description of any firearm seized or surrendered to the respondent and the court, and that such statement shall be prima facie evidence of compliance with an order to surrender firearms. Allows a court to prohibit a respondent against whom an order of protection was issued from possessing any firearms during the duration of the order if certain prerequisites are satisfied. Makes conforming changes in the Code of Criminal Procedure of 1963. Makes other changes. Effective July 1, 2023.

Spectrum: Partisan Bill (Democrat 44-0)

Status: (Engrossed - Dead) 2023-10-27 - Added as Alternate Co-Sponsor Sen. Mike Porfirio [HB0676 Detail]

Download: Illinois-2023-HB0676-Engrossed.html

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AN ACT concerning safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 10. The Illinois Insurance Code is amended by
adding Section 392.2 as follows:
(215 ILCS 5/392.2 new)
Sec. 392.2. Task Force on Firearm Insurance.
(a) The Task Force on Firearm Insurance is created for the
purpose of reviewing public policy options relating to the
insurance of firearms in the State of Illinois.
(b) The Department shall provide administrative support
for the Task Force to review current and potential future
insurance policy offerings for the safe and legal possession
of firearms and offer policymaking recommendations related to
the use of that insurance. The Task Force shall work
cooperatively with the insurance industry, community
organizations, advocacy groups, and appropriate State agencies
to develop policy options related to insuring the ownership
and use of firearms. The Task Force shall be comprised of the
following members:
(1) One member of the General Assembly, appointed by
the Speaker of the House of Representatives.
(2) One member of the General Assembly, appointed by

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

HB0676 Engrossed - 26 - LRB103 04267 CPF 49273 b
person is on the grounds of a gun show must, before selling or
transferring the firearm, request the Illinois State Police to
conduct a background check on the prospective recipient of the
firearm in accordance with Section 3.1.
(a-10) Notwithstanding item (2) of subsection (a) of this
Section, any person who is not a federally licensed firearm
dealer and who desires to transfer or sell a firearm or
firearms to any person who is not a federally licensed firearm
dealer shall, before selling or transferring the firearms,
contact a federal firearm license dealer under paragraph (1)
of subsection (a-15) of this Section to conduct the transfer
or the Illinois State Police with the transferee's or
purchaser's Firearm Owner's Identification Card number to
determine the validity of the transferee's or purchaser's
Firearm Owner's Identification Card under State and federal
law, including the National Instant Criminal Background Check
System. This subsection shall not be effective until July 1,
2023. Until that date the transferor shall contact the
Illinois State Police with the transferee's or purchaser's
Firearm Owner's Identification Card number to determine the
validity of the card. The Illinois State Police may adopt
rules concerning the implementation of this subsection. The
Illinois State Police shall provide the seller or transferor
an approval number if the purchaser's Firearm Owner's
Identification Card is valid. Approvals issued by the Illinois
State Police for the purchase of a firearm pursuant to this

HB0676 Engrossed - 27 - LRB103 04267 CPF 49273 b
subsection are valid for 30 days from the date of issue.
(a-15) The provisions of subsection (a-10) of this Section
do not apply to:
(1) transfers that occur at the place of business of a
federally licensed firearm dealer, if the federally
licensed firearm dealer conducts a background check on the
prospective recipient of the firearm in accordance with
Section 3.1 of this Act and follows all other applicable
federal, State, and local laws as if he or she were the
seller or transferor of the firearm, although the dealer
is not required to accept the firearm into his or her
inventory. The purchaser or transferee may be required by
the federally licensed firearm dealer to pay a fee not to
exceed $25 per firearm, which the dealer may retain as
compensation for performing the functions required under
this paragraph, plus the applicable fees authorized by
Section 3.1;
(2) transfers as a bona fide gift to the transferor's
husband, wife, son, daughter, stepson, stepdaughter,
father, mother, stepfather, stepmother, brother, sister,
nephew, niece, uncle, aunt, grandfather, grandmother,
grandson, granddaughter, father-in-law, mother-in-law,
son-in-law, or daughter-in-law;
(3) transfers by persons acting pursuant to operation
of law or a court order;
(4) transfers on the grounds of a gun show under

HB0676 Engrossed - 28 - LRB103 04267 CPF 49273 b
subsection (a-5) of this Section;
(5) the delivery of a firearm by its owner to a
gunsmith for service or repair, the return of the firearm
to its owner by the gunsmith, or the delivery of a firearm
by a gunsmith to a federally licensed firearms dealer for
service or repair and the return of the firearm to the
gunsmith;
(6) temporary transfers that occur while in the home
of the unlicensed transferee, if the unlicensed transferee
is not otherwise prohibited from possessing firearms and
the unlicensed transferee reasonably believes that
possession of the firearm is necessary to prevent imminent
death or great bodily harm to the unlicensed transferee;
(7) transfers to a law enforcement or corrections
agency or a law enforcement or corrections officer acting
within the course and scope of his or her official duties;
(8) transfers of firearms that have been rendered
permanently inoperable to a nonprofit historical society,
museum, or institutional collection; and
(9) transfers to a person who is exempt from the
requirement of possessing a Firearm Owner's Identification
Card under Section 2 of this Act.
(a-20) The Illinois State Police shall develop an
Internet-based system for individuals to determine the
validity of a Firearm Owner's Identification Card prior to the
sale or transfer of a firearm. The Illinois State Police shall

HB0676 Engrossed - 29 - LRB103 04267 CPF 49273 b
have the Internet-based system updated and available for use
by January 1, 2024. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system; but no rule shall allow the Illinois State Police to
retain records in contravention of State and federal law.
(a-25) On or before January 1, 2022, the Illinois State
Police shall develop an Internet-based system upon which the
serial numbers of firearms that have been reported stolen are
available for public access for individuals to ensure any
firearms are not reported stolen prior to the sale or transfer
of a firearm under this Section. The Illinois State Police
shall have the Internet-based system completed and available
for use by July 1, 2022. The Illinois State Police shall adopt
rules not inconsistent with this Section to implement this
system.
(b) Any person within this State who transfers or causes
to be transferred any firearm, stun gun, or taser shall keep a
record of such transfer for a period of 10 years from the date
of transfer. Any person within this State who receives any
firearm, stun gun, or taser pursuant to subsection (a-10)
shall provide a record of the transfer within 10 days of the
transfer to a federally licensed firearm dealer and shall not
be required to maintain a transfer record. The federally
licensed firearm dealer shall maintain the transfer record for
20 years from the date of receipt. A federally licensed
firearm dealer may charge a fee not to exceed $25 to retain the

HB0676 Engrossed - 30 - LRB103 04267 CPF 49273 b
record. The record shall be provided and maintained in either
an electronic or paper format. The federally licensed firearm
dealer shall not be liable for the accuracy of any information
in the transfer record submitted pursuant to this Section.
Such records shall contain the date of the transfer; the
description, serial number or other information identifying
the firearm, stun gun, or taser if no serial number is
available; and, if the transfer was completed within this
State, the transferee's Firearm Owner's Identification Card
number and any approval number or documentation provided by
the Illinois State Police pursuant to subsection (a-10) of
this Section; if the transfer was not completed within this
State, the record shall contain the name and address of the
transferee. On or after January 1, 2006, the record shall
contain the date of application for transfer of the firearm.
On demand of a peace officer the such transferor shall produce
for inspection the such record of transfer. For any transfer
pursuant to subsection (a-10) of this Section, on the demand
of a peace officer, the such transferee shall identify the
federally licensed firearm dealer maintaining the transfer
record. If the transfer or sale took place at a gun show, the
record shall include the unique identification number. Failure
to record the unique identification number or approval number
is a petty offense. For transfers of a firearm, stun gun, or
taser made on or after January 18, 2019 (the effective date of
Public Act 100-1178), failure by the private seller to

HB0676 Engrossed - 31 - LRB103 04267 CPF 49273 b
maintain the transfer records in accordance with this Section,
or failure by a transferee pursuant to subsection a-10 of this
Section to identify the federally licensed firearm dealer
maintaining the transfer record, is a Class A misdemeanor for
the first offense and a Class 4 felony for a second or
subsequent offense occurring within 10 years of the first
offense and the second offense was committed after conviction
of the first offense. Whenever any person who has not
previously been convicted of any violation of subsection
(a-5), the court may grant supervision pursuant to and
consistent with the limitations of Section 5-6-1 of the
Unified Code of Corrections. A transferee or transferor shall
not be criminally liable under this Section provided that he
or she provides the Illinois State Police with the transfer
records in accordance with procedures established by the
Illinois State Police. The Illinois State Police shall
establish, by rule, a standard form on its website.
(b-5) Any resident may purchase ammunition from a person
within or outside of Illinois if shipment is by United States
mail or by a private express carrier authorized by federal law
to ship ammunition. Any resident purchasing ammunition within
or outside the State of Illinois must provide the seller with a
copy of his or her valid Firearm Owner's Identification Card
or valid concealed carry license and either his or her
Illinois driver's license or Illinois State Identification
Card prior to the shipment of the ammunition. The ammunition

HB0676 Engrossed - 32 - LRB103 04267 CPF 49273 b
may be shipped only to an address on either of those 2
documents.
(c) The provisions of this Section regarding the transfer
of firearm ammunition shall not apply to those persons
specified in paragraph (b) of Section 2 of this Act.
(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
Section 20. The Firearms Restraining Order Act is amended
by changing Section 5 as follows:
(430 ILCS 67/5)
Sec. 5. Definitions. As used in this Act:
"Family member of the respondent" means a spouse, former
spouse, person with whom the respondent has a minor child in
common, parent, child, or step-child of the respondent, any
other person related by blood or present marriage to the
respondent, or a person who shares a common dwelling with the
respondent.
"Firearms restraining order" means an order issued by the
court, prohibiting and enjoining a named person from having in
his or her custody or control, purchasing, possessing, or
receiving any firearms or ammunition, or removing firearm
parts that could be assembled to make an operable firearm.
"Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in

HB0676 Engrossed - 33 - LRB103 04267 CPF 49273 b
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
"Petitioner" means:
(1) a family member of the respondent as defined in
this Act; or
(2) a law enforcement officer who files a petition
alleging that the respondent poses a danger of causing
personal injury to himself, herself, or another by having
in his or her custody or control, purchasing, possessing,
or receiving a firearm, ammunition, or firearm parts that
could be assembled to make an operable firearm or removing
firearm parts that could be assembled to make an operable
firearm; or
(3) intimate partner.
"Respondent" means the person alleged in the petition to
pose a danger of causing personal injury to himself, herself,
or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm or removing firearm parts that could be assembled to
make an operable firearm.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
Section 25. The Criminal Code of 2012 is amended by adding
Section 24-4.3 as follows:

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

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

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

HB0676 Engrossed - 37 - LRB103 04267 CPF 49273 b
Prohibit respondent from entering or remaining in any
residence, household, or premises of the petitioner,
including one owned or leased by respondent, if petitioner
has a right to occupancy thereof. The grant of exclusive
possession of the residence, household, or premises shall
not affect title to real property, nor shall the court be
limited by the standard set forth in subsection (c-2) of
Section 501 of the Illinois Marriage and Dissolution of
Marriage Act.
(A) Right to occupancy. A party has a right to
occupancy of a residence or household if it is solely
or jointly owned or leased by that party, that party's
spouse, a person with a legal duty to support that
party or a minor child in that party's care, or by any
person or entity other than the opposing party that
authorizes that party's occupancy (e.g., a domestic
violence shelter). Standards set forth in subparagraph
(B) shall not preclude equitable relief.
(B) Presumption of hardships. If petitioner and
respondent each has the right to occupancy of a
residence or household, the court shall balance (i)
the hardships to respondent and any minor child or
dependent adult in respondent's care resulting from
entry of this remedy with (ii) the hardships to
petitioner and any minor child or dependent adult in
petitioner's care resulting from continued exposure to

HB0676 Engrossed - 38 - LRB103 04267 CPF 49273 b
the risk of abuse (should petitioner remain at the
residence or household) or from loss of possession of
the residence or household (should petitioner leave to
avoid the risk of abuse). When determining the balance
of hardships, the court shall also take into account
the accessibility of the residence or household.
Hardships need not be balanced if respondent does not
have a right to occupancy.
The balance of hardships is presumed to favor
possession by petitioner unless the presumption is
rebutted by a preponderance of the evidence, showing
that the hardships to respondent substantially
outweigh the hardships to petitioner and any minor
child or dependent adult in petitioner's care. The
court, on the request of petitioner or on its own
motion, may order respondent to provide suitable,
accessible, alternate housing for petitioner instead
of excluding respondent from a mutual residence or
household.
(3) Stay away order and additional prohibitions. Order
respondent to stay away from petitioner or any other
person protected by the domestic violence order of
protection, or prohibit respondent from entering or
remaining present at petitioner's school, place of
employment, or other specified places at times when
petitioner is present, or both, if reasonable, given the

HB0676 Engrossed - 39 - LRB103 04267 CPF 49273 b
balance of hardships. Hardships need not be balanced for
the court to enter a stay away order or prohibit entry if
respondent has no right to enter the premises.
(A) If a domestic violence order of protection
grants petitioner exclusive possession of the
residence, prohibits respondent from entering the
residence, or orders respondent to stay away from
petitioner or other protected persons, then the court
may allow respondent access to the residence to remove
items of clothing and personal adornment used
exclusively by respondent, medications, and other
items as the court directs. The right to access shall
be exercised on only one occasion as the court directs
and in the presence of an agreed-upon adult third
party or law enforcement officer.
(B) When the petitioner and the respondent attend
the same public, private, or non-public elementary,
middle, or high school, the court when issuing a
domestic violence order of protection and providing
relief shall consider the severity of the act, any
continuing physical danger or emotional distress to
the petitioner, the educational rights guaranteed to
the petitioner and respondent under federal and State
law, the availability of a transfer of the respondent
to another school, a change of placement or a change of
program of the respondent, the expense, difficulty,

HB0676 Engrossed - 40 - LRB103 04267 CPF 49273 b
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise
does not take an action required to effectuate a
transfer, change of placement, or change of program.

HB0676 Engrossed - 41 - LRB103 04267 CPF 49273 b
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. If the
court order results in a transfer of the minor
respondent to another attendance center, a change in
the respondent's placement, or a change of the
respondent's program, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. If
the court orders a transfer of the respondent to
another school, the parents, guardian, or legal
custodian of the respondent is responsible for
transportation and other costs associated with the
change of school by the respondent.
(4) Counseling. Require or recommend the respondent to
undergo counseling for a specified duration with a social

HB0676 Engrossed - 42 - LRB103 04267 CPF 49273 b
worker, psychologist, clinical psychologist,
psychiatrist, family service agency, alcohol or substance
abuse program, mental health center guidance counselor,
agency providing services to elders, program designed for
domestic violence abusers, or any other guidance service
the court deems appropriate. The court may order the
respondent in any intimate partner relationship to report
to an Illinois Department of Human Services protocol
approved partner abuse intervention program for an
assessment and to follow all recommended treatment.
(5) Physical care and possession of the minor child.
In order to protect the minor child from abuse, neglect,
or unwarranted separation from the person who has been the
minor child's primary caretaker, or to otherwise protect
the well-being of the minor child, the court may do either
or both of the following: (i) grant petitioner physical
care or possession of the minor child, or both, or (ii)
order respondent to return a minor child to, or not remove
a minor child from, the physical care of a parent or person
in loco parentis.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding physical care to
respondent would not be in the minor child's best
interest.
(6) Temporary allocation of parental responsibilities

HB0676 Engrossed - 43 - LRB103 04267 CPF 49273 b
and significant decision-making responsibilities. Award
temporary significant decision-making responsibility to
petitioner in accordance with this Section, the Illinois
Marriage and Dissolution of Marriage Act, the Illinois
Parentage Act of 2015, and this State's Uniform
Child-Custody Jurisdiction and Enforcement Act.
If the respondent is charged with abuse (as defined in
Section 112A-3 of this Code) of a minor child, there shall
be a rebuttable presumption that awarding temporary
significant decision-making responsibility to respondent
would not be in the child's best interest.
(7) Parenting time. Determine the parenting time, if
any, of respondent in any case in which the court awards
physical care or temporary significant decision-making
responsibility of a minor child to petitioner. The court
shall restrict or deny respondent's parenting time with a
minor child if the court finds that respondent has done or
is likely to do any of the following:
(i) abuse or endanger the minor child during
parenting time;
(ii) use the parenting time as an opportunity to
abuse or harass petitioner or petitioner's family or
household members;
(iii) improperly conceal or detain the minor
child; or
(iv) otherwise act in a manner that is not in the

HB0676 Engrossed - 44 - LRB103 04267 CPF 49273 b
best interests of the minor child.
The court shall not be limited by the standards set
forth in Section 603.10 of the Illinois Marriage and
Dissolution of Marriage Act. If the court grants parenting
time, the order shall specify dates and times for the
parenting time to take place or other specific parameters
or conditions that are appropriate. No order for parenting
time shall refer merely to the term "reasonable parenting
time". Petitioner may deny respondent access to the minor
child if, when respondent arrives for parenting time,
respondent is under the influence of drugs or alcohol and
constitutes a threat to the safety and well-being of
petitioner or petitioner's minor children or is behaving
in a violent or abusive manner. If necessary to protect
any member of petitioner's family or household from future
abuse, respondent shall be prohibited from coming to
petitioner's residence to meet the minor child for
parenting time, and the petitioner and respondent shall
submit to the court their recommendations for reasonable
alternative arrangements for parenting time. A person may
be approved to supervise parenting time only after filing
an affidavit accepting that responsibility and
acknowledging accountability to the court.
(8) Removal or concealment of minor child. Prohibit
respondent from removing a minor child from the State or
concealing the child within the State.

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

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

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

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other travel expenses, including additional reasonable
expenses for temporary shelter and restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support, or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including, but not
limited to, legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(A) A person who is subject to an existing
domestic violence order of protection issued under

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

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sufficient to support issuing a seizure order. If the
seizure order is not served within 48 hours because
the respondent cannot be located, law enforcement
shall file the statement of receipt explaining the
efforts and attempts made to serve the order on the
respondent. The period of safekeeping shall be for the
duration of the order of protection.
(B-2) Notwithstanding the issuance of a seizure
order under subsection (B-1), the respondent shall be
ordered to immediately surrender any firearms to the
appropriate law enforcement agency and prohibited from
transferring firearms to another individual in lieu of
surrender to law enforcement.
(B-3) The relevant law enforcement agency shall
provide a statement of receipt of any firearm seized
or surrendered with a description of any firearm
seized or surrendered to the respondent and the court.
If the respondent fails to surrender the respondent's
weapons in accordance with the order to surrender, the
law enforcement agency shall file a statement of
receipt explaining how and when the order was served
and that the respondent did not comply within the
required time. This statement of receipt shall be
prima facie evidence of compliance with an order to
surrender firearms.
(C) If the respondent is a peace officer as

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defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the domestic
violence order of protection.
(D) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If a domestic
violence order of protection prohibits respondent from
having contact with the minor child, or if petitioner's
address is omitted under subsection (b) of Section 112A-5

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of this Code, or if necessary to prevent abuse or wrongful
removal or concealment of a minor child, the order shall
deny respondent access to, and prohibit respondent from
inspecting, obtaining, or attempting to inspect or obtain,
school or any other records of the minor child who is in
the care of petitioner.
(16) Order for payment of shelter services. Order
respondent to reimburse a shelter providing temporary
housing and counseling services to the petitioner for the
cost of the services, as certified by the shelter and
deemed reasonable by the court.
(17) Order for injunctive relief. Enter injunctive
relief necessary or appropriate to prevent further abuse
of a family or household member or to effectuate one of the
granted remedies, if supported by the balance of
hardships. If the harm to be prevented by the injunction
is abuse or any other harm that one of the remedies listed
in paragraphs (1) through (16) of this subsection is
designed to prevent, no further evidence is necessary to
establish that the harm is an irreparable injury.
(18) Telephone services.
(A) Unless a condition described in subparagraph
(B) of this paragraph exists, the court may, upon
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers

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indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph. In
this paragraph (18), the term "wireless telephone
service provider" means a provider of commercial
mobile service as defined in 47 U.S.C. 332. The
petitioner may request the transfer of each telephone
number that the petitioner, or a minor child in his or
her custody, uses. The clerk of the court shall serve
the order on the wireless telephone service provider's
agent for service of process provided to the Illinois
Commerce Commission. The order shall contain all of
the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or

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numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,

HB0676 Engrossed - 55 - LRB103 04267 CPF 49273 b
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including, but not limited to, the
following:
(i) the nature, frequency, severity, pattern, and
consequences of the respondent's past abuse of the

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petitioner or any family or household member,
including the concealment of his or her location in
order to evade service of process or notice, and the
likelihood of danger of future abuse to petitioner or
any member of petitioner's or respondent's family or
household; and
(ii) the danger that any minor child will be
abused or neglected or improperly relocated from the
jurisdiction, improperly concealed within the State,
or improperly separated from the child's primary
caretaker.
(2) In comparing relative hardships resulting to the
parties from loss of possession of the family home, the
court shall consider relevant factors, including, but not
limited to, the following:
(i) availability, accessibility, cost, safety,
adequacy, location, and other characteristics of
alternate housing for each party and any minor child
or dependent adult in the party's care;
(ii) the effect on the party's employment; and
(iii) the effect on the relationship of the party,
and any minor child or dependent adult in the party's
care, to family, school, church, and community.
(3) Subject to the exceptions set forth in paragraph
(4) of this subsection (c), the court shall make its
findings in an official record or in writing, and shall at

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a minimum set forth the following:
(i) That the court has considered the applicable
relevant factors described in paragraphs (1) and (2)
of this subsection (c).
(ii) Whether the conduct or actions of respondent,
unless prohibited, will likely cause irreparable harm
or continued abuse.
(iii) Whether it is necessary to grant the
requested relief in order to protect petitioner or
other alleged abused persons.
(4) (Blank).
(5) Never married parties. No rights or
responsibilities for a minor child born outside of
marriage attach to a putative father until a father and
child relationship has been established under the Illinois
Parentage Act of 1984, the Illinois Parentage Act of 2015,
the Illinois Public Aid Code, Section 12 of the Vital
Records Act, the Juvenile Court Act of 1987, the Probate
Act of 1975, the Uniform Interstate Family Support Act,
the Expedited Child Support Act of 1990, any judicial,
administrative, or other act of another state or
territory, any other statute of this State, or by any
foreign nation establishing the father and child
relationship, any other proceeding substantially in
conformity with the federal Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, or when both

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parties appeared in open court or at an administrative
hearing acknowledging under oath or admitting by
affirmation the existence of a father and child
relationship. Absent such an adjudication, no putative
father shall be granted temporary allocation of parental
responsibilities, including parenting time with the minor
child, or physical care and possession of the minor child,
nor shall an order of payment for support of the minor
child be entered.
(d) Balance of hardships; findings. If the court finds
that the balance of hardships does not support the granting of
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
subsection (b) of this Section, which may require such
balancing, the court's findings shall so indicate and shall
include a finding as to whether granting the remedy will
result in hardship to respondent that would substantially
outweigh the hardship to petitioner from denial of the remedy.
The findings shall be an official record or in writing.
(e) Denial of remedies. Denial of any remedy shall not be
based, in whole or in part, on evidence that:
(1) respondent has cause for any use of force, unless
that cause satisfies the standards for justifiable use of
force provided by Article 7 of the Criminal Code of 2012;
(2) respondent was voluntarily intoxicated;
(3) petitioner acted in self-defense or defense of
another, provided that, if petitioner utilized force, such

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force was justifiable under Article 7 of the Criminal Code
of 2012;
(4) petitioner did not act in self-defense or defense
of another;
(5) petitioner left the residence or household to
avoid further abuse by respondent;
(6) petitioner did not leave the residence or
household to avoid further abuse by respondent; or
(7) conduct by any family or household member excused
the abuse by respondent, unless that same conduct would
have excused such abuse if the parties had not been family
or household members.
(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
Section 35. The Unified Code of Corrections is amended by
changing Section 5-6-3.6 as follows:
(730 ILCS 5/5-6-3.6)
(Section scheduled to be repealed on January 1, 2024)
Sec. 5-6-3.6. First Time Weapon Offense Offender Program.
(a) The General Assembly has sought to promote public
safety, reduce recidivism, and conserve valuable resources of
the criminal justice system through the creation of diversion
programs for non-violent offenders. This amendatory Act of the
103rd General Assembly amendatory Act of the 100th General

HB0676 Engrossed - 60 - LRB103 04267 CPF 49273 b
Assembly establishes a pilot program for first-time,
non-violent offenders charged with certain weapons possession
offenses. The General Assembly recognizes some persons,
particularly young adults in areas of high crime or poverty,
may have experienced trauma that contributes to poor decision
making skills, and the creation of a diversionary program
poses a greater benefit to the community and the person than
incarceration. Under this program, a court, with the consent
of the defendant and the State's Attorney, may sentence a
defendant charged with an unlawful use of weapons offense
under Section 24-1 of the Criminal Code of 2012 or aggravated
unlawful use of a weapon offense under Section 24-1.6 of the
Criminal Code of 2012, if punishable as a Class 4 felony or
lower, to a First Time Weapon Offense Offender Program.
(b) A defendant is not eligible for this Program if:
(1) the offense was committed during the commission of
a violent offense as defined in subsection (h) of this
Section;
(2) he or she has previously been convicted or placed
on probation or conditional discharge for any violent
offense under the laws of this State, the laws of any other
state, or the laws of the United States;
(3) he or she had a prior successful completion of the
First Time Weapon Offense Offender Program under this
Section;
(4) he or she has previously been adjudicated a

HB0676 Engrossed - 61 - LRB103 04267 CPF 49273 b
delinquent minor for the commission of a violent offense;
(5) (blank); or he or she is 21 years of age or older;
or
(6) he or she has an existing order of protection
issued against him or her.
(b-5) In considering whether a defendant shall be
sentenced to the First Time Weapon Offense Offender Program,
the court shall consider the following:
(1) the age, immaturity, or limited mental capacity of
the defendant;
(2) the nature and circumstances of the offense;
(3) whether participation in the Program is in the
interest of the defendant's rehabilitation, including any
employment or involvement in community, educational,
training, or vocational programs;
(4) whether the defendant suffers from trauma, as
supported by documentation or evaluation by a licensed
professional; and
(5) the potential risk to public safety.
(c) For an offense committed on or after January 1, 2018
(the effective date of Public Act 100-3) and before January 1,
2024, whenever an eligible person pleads guilty to an unlawful
use of weapons offense under Section 24-1 of the Criminal Code
of 2012 or aggravated unlawful use of a weapon offense under
Section 24-1.6 of the Criminal Code of 2012, which is
punishable as a Class 4 felony or lower, the court, with the

HB0676 Engrossed - 62 - LRB103 04267 CPF 49273 b
consent of the defendant and the State's Attorney, may,
without entering a judgment, sentence the defendant to
complete the First Time Weapon Offense Offender Program. When
a defendant is placed in the Program, the court shall defer
further proceedings in the case until the conclusion of the
period or until the filing of a petition alleging violation of
a term or condition of the Program. Upon violation of a term or
condition of the Program, the court may enter a judgment on its
original finding of guilt and proceed as otherwise provided by
law. Upon fulfillment of the terms and conditions of the
Program, the court shall discharge the person and dismiss the
proceedings against the person.
(d) The Program shall be at least 6 18 months and not to
exceed 18 24 months, as determined by the court at the
recommendation of the Program administrator and the State's
Attorney. The Program administrator may be appointed by the
Chief Judge of each Judicial Circuit.
(e) The conditions of the Program shall be that the
defendant:
(1) not violate any criminal statute of this State or
any other jurisdiction;
(2) refrain from possessing a firearm or other
dangerous weapon;
(3) (blank); obtain or attempt to obtain employment;
(4) (blank); attend educational courses designed to
prepare the defendant for obtaining a high school diploma

HB0676 Engrossed - 63 - LRB103 04267 CPF 49273 b
or to work toward passing high school equivalency testing
or to work toward completing a vocational training
program;
(5) (blank); refrain from having in his or her body
the presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act, the
Cannabis Control Act, or the Illinois Controlled
Substances Act, unless prescribed by a physician, and
submit samples of his or her blood or urine or both for
tests to determine the presence of any illicit drug;
(6) (blank); perform a minimum of 50 hours of
community service;
(7) attend and participate in any Program activities
deemed required by the Program administrator, such as
including but not limited to: counseling sessions,
in-person and over the phone check-ins, and educational
classes; and
(8) (blank). pay all fines, assessments, fees, and
costs.
(f) The Program may, in addition to other conditions,
require that the defendant:
(1) obtain or attempt to obtain employment wear an
ankle bracelet with GPS tracking;
(2) attend educational courses designed to prepare the
defendant for obtaining a high school diploma or to work
toward passing high school equivalency testing or to work

HB0676 Engrossed - 64 - LRB103 04267 CPF 49273 b
toward completing a vocational training program undergo
medical or psychiatric treatment, or treatment or
rehabilitation approved by the Department of Human
Services; and
(3) refrain from having in his or her body the
presence of any illicit drug prohibited by the
Methamphetamine Control and Community Protection Act or
the Illinois Controlled Substances Act, unless prescribed
by a physician, and submit samples of his or her blood or
urine or both for tests to determine the presence of any
illicit drug;
(4) perform community service; attend or reside in a
facility established for the instruction or residence of
defendants on probation.
(5) pay all fines, assessments, fees, and costs; and
(6) comply with such other reasonable conditions as
the court may impose.
(g) There may be only one discharge and dismissal under
this Section. If a person is convicted of any offense which
occurred within 5 years subsequent to a discharge and
dismissal under this Section, the discharge and dismissal
under this Section shall be admissible in the sentencing
proceeding for that conviction as evidence in aggravation.
(h) For purposes of this Section, "violent offense" means
any offense in which bodily harm was inflicted or force was
used against any person or threatened against any person; any

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

HB0676 Engrossed - 66 - LRB103 04267 CPF 49273 b
brought under Article X of the Illinois Public Aid Code,
provided that a petitioner and the respondent are a party
to or the subject of that proceeding; or (ii) a
guardianship proceeding under the Probate Act of 1975, or
a proceeding for involuntary commitment under the Mental
Health and Developmental Disabilities Code, or any
proceeding, other than a delinquency petition, under the
Juvenile Court Act of 1987, provided that a petitioner or
the respondent is a party to or the subject of such
proceeding; or (iii) an emergency or plenary proceeding
under the Firearms Restraining Order Act provided that a
petitioner and the respondent are a party to or the
subject of that proceeding.
(3) In conjunction with a delinquency petition or a
criminal prosecution as provided in Section 112A-20 of the
Code of Criminal Procedure of 1963.
(a-1) A petition for an order of protection may be filed in
person in-person or online.
(a-5) When a petition for an emergency order of protection
is filed, the petition shall not be publicly available until
the petition is served on the respondent.
(b) Filing, certification, and service fees. No fee shall
be charged by the clerk for filing, amending, vacating,
certifying, or photocopying petitions or orders; or for
issuing alias summons; or for any related filing service. No
fee shall be charged by the sheriff for service by the sheriff

HB0676 Engrossed - 67 - LRB103 04267 CPF 49273 b
of a petition, rule, motion, or order in an action commenced
under this Section.
(c) Dismissal and consolidation. Withdrawal or dismissal
of any petition for an order of protection prior to
adjudication where the petitioner is represented by the State
shall operate as a dismissal without prejudice. No action for
an order of protection shall be dismissed because the
respondent is being prosecuted for a crime against the
petitioner. An independent action may be consolidated with
another civil proceeding, as provided by paragraph (2) of
subsection (a) of this Section. For any action commenced under
paragraph (2) or (3) of subsection (a) of this Section,
dismissal of the conjoined case (or a finding of not guilty)
shall not require dismissal of the action for the order of
protection; instead, it may be treated as an independent
action and, if necessary and appropriate, transferred to a
different court or division. Dismissal of any conjoined case
shall not affect the validity of any previously issued order
of protection, and thereafter subsections (b)(1) and (b)(2) of
Section 220 shall be inapplicable to such order.
(d) Pro se petitions. The court shall provide, through the
office of the clerk of the court, simplified forms and
clerical assistance to help with the writing and filing of a
petition under this Section by any person not represented by
counsel. In addition, that assistance may be provided by the
State's Attorney state's attorney.

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

HB0676 Engrossed - 69 - LRB103 04267 CPF 49273 b
court, but in which, by means of an independent
audio-visual system, all of the participants are
simultaneously able to see and hear reproductions of
the voices and images of the judge, counsel, parties,
witnesses, and any other participants.
(2) Any pilot program under this subsection (e) shall
be developed by the administrative director or his or her
delegate in consultation with at least one local
organization providing assistance to domestic violence
victims. The program plan shall include, but not be
limited to:
(A) identification of agencies equipped with or
that have access to an independent audio-visual system
and electronic means for filing documents; and
(B) identification of one or more organizations
who are trained and available to assist petitioners in
preparing and filing petitions for temporary orders of
protection and in their electronic appearances before
the court to obtain such orders; and
(C) identification of the existing resources
available in local family courts for the
implementation and oversight of the pilot program; and
(D) procedures for filing petitions and documents
by electronic means, swearing in the petitioners and
witnesses, preparation of a transcript of testimony
and evidence presented, and a prompt transmission of

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

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

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

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

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

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

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another school, a change of placement or a change of
program of the respondent, the expense, difficulty,
and educational disruption that would be caused by a
transfer of the respondent to another school, and any
other relevant facts of the case. The court may order
that the respondent not attend the public, private, or
non-public elementary, middle, or high school attended
by the petitioner, order that the respondent accept a
change of placement or change of program, as
determined by the school district or private or
non-public school, or place restrictions on the
respondent's movements within the school attended by
the petitioner. The respondent bears the burden of
proving by a preponderance of the evidence that a
transfer, change of placement, or change of program of
the respondent is not available. The respondent also
bears the burden of production with respect to the
expense, difficulty, and educational disruption that
would be caused by a transfer of the respondent to
another school. A transfer, change of placement, or
change of program is not unavailable to the respondent
solely on the ground that the respondent does not
agree with the school district's or private or
non-public school's transfer, change of placement, or
change of program or solely on the ground that the
respondent fails or refuses to consent or otherwise

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does not take an action required to effectuate a
transfer, change of placement, or change of program.
When a court orders a respondent to stay away from the
public, private, or non-public school attended by the
petitioner and the respondent requests a transfer to
another attendance center within the respondent's
school district or private or non-public school, the
school district or private or non-public school shall
have sole discretion to determine the attendance
center to which the respondent is transferred. In the
event the court order results in a transfer of the
minor respondent to another attendance center, a
change in the respondent's placement, or a change of
the respondent's program, the parents, guardian, or
legal custodian of the respondent is responsible for
transportation and other costs associated with the
transfer or change.
(C) The court may order the parents, guardian, or
legal custodian of a minor respondent to take certain
actions or to refrain from taking certain actions to
ensure that the respondent complies with the order. In
the event the court orders a transfer of the
respondent to another school, the parents, guardian,
or legal custodian of the respondent is responsible
for transportation and other costs associated with the
change of school by the respondent.

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

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

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

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

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from taking, transferring, encumbering, concealing,
damaging or otherwise disposing of any real or personal
property, except as explicitly authorized by the court,
if:
(i) petitioner, but not respondent, owns the
property; or
(ii) the parties own the property jointly, and the
balance of hardships favors granting this remedy.
If petitioner's sole claim to ownership of the
property is that it is marital property, the court may
grant petitioner relief under subparagraph (ii) of this
paragraph only if a proper proceeding has been filed under
the Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended.
The court may further prohibit respondent from
improperly using the financial or other resources of an
aged member of the family or household for the profit or
advantage of respondent or of any other person.
(11.5) Protection of animals. Grant the petitioner the
exclusive care, custody, or control of any animal owned,
possessed, leased, kept, or held by either the petitioner
or the respondent or a minor child residing in the
residence or household of either the petitioner or the
respondent and order the respondent to stay away from the
animal and forbid the respondent from taking,
transferring, encumbering, concealing, harming, or

HB0676 Engrossed - 83 - LRB103 04267 CPF 49273 b
otherwise disposing of the animal.
(12) Order for payment of support. Order respondent to
pay temporary support for the petitioner or any child in
the petitioner's care or over whom the petitioner has been
allocated parental responsibility, when the respondent has
a legal obligation to support that person, in accordance
with the Illinois Marriage and Dissolution of Marriage
Act, which shall govern, among other matters, the amount
of support, payment through the clerk and withholding of
income to secure payment. An order for child support may
be granted to a petitioner with lawful physical care of a
child, or an order or agreement for physical care of a
child, prior to entry of an order allocating significant
decision-making responsibility. Such a support order shall
expire upon entry of a valid order allocating parental
responsibility differently and vacating the petitioner's
significant decision-making authority, unless otherwise
provided in the order.
(13) Order for payment of losses. Order respondent to
pay petitioner for losses suffered as a direct result of
the abuse, neglect, or exploitation. Such losses shall
include, but not be limited to, medical expenses, lost
earnings or other support, repair or replacement of
property damaged or taken, reasonable attorney's fees,
court costs and moving or other travel expenses, including
additional reasonable expenses for temporary shelter and

HB0676 Engrossed - 84 - LRB103 04267 CPF 49273 b
restaurant meals.
(i) Losses affecting family needs. If a party is
entitled to seek maintenance, child support or
property distribution from the other party under the
Illinois Marriage and Dissolution of Marriage Act, as
now or hereafter amended, the court may order
respondent to reimburse petitioner's actual losses, to
the extent that such reimbursement would be
"appropriate temporary relief", as authorized by
subsection (a)(3) of Section 501 of that Act.
(ii) Recovery of expenses. In the case of an
improper concealment or removal of a minor child, the
court may order respondent to pay the reasonable
expenses incurred or to be incurred in the search for
and recovery of the minor child, including but not
limited to legal fees, court costs, private
investigator fees, and travel costs.
(14) Prohibition of entry. Prohibit the respondent
from entering or remaining in the residence or household
while the respondent is under the influence of alcohol or
drugs and constitutes a threat to the safety and
well-being of the petitioner or the petitioner's children.
(14.5) Prohibition of firearm possession.
(a) Prohibit a respondent against whom an order of
protection was issued from possessing any firearms
during the duration of the order if the order:

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

HB0676 Engrossed - 86 - LRB103 04267 CPF 49273 b
possession of the respondent, except as provided in
subsection (b), shall be ordered by the court to be
turned over to the local law enforcement agency and
the respondent shall be prohibited from acquiring or
possessing any firearms for the duration of the order
of protection. The local law enforcement agency shall
immediately mail the card to the Illinois State Police
Firearm Owner's Identification Card Office for
safekeeping.
(a-2) Immediately upon entry of the order of
protection prohibiting firearm possession under this
Section, the The court shall issue a seizure order
warrant for seizure of any firearm in the possession
of the respondent, to be kept by the local law
enforcement agency for safekeeping, except as provided
in subparagraph subsection (b). The petitioner's
general description of the firearm or firearms and
their location shall be sufficient to support issuing
a seizure order. If the seizure order is not served
within 48 hours because the respondent cannot be
located, law enforcement shall file the statement of
receipt explaining the efforts and attempts made to
serve the order on the respondent. The period of
safekeeping shall be for the duration of the order of
protection. The respondent against whom an order of
protection was issued, including an emergency order of

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

HB0676 Engrossed - 88 - LRB103 04267 CPF 49273 b
Office of the end of the order of protection.
(b) If the respondent is a peace officer as
defined in Section 2-13 of the Criminal Code of 2012,
the court shall order that any firearms used by the
respondent in the performance of his or her duties as a
peace officer be surrendered to the chief law
enforcement executive of the agency in which the
respondent is employed, who shall retain the firearms
for safekeeping for the duration of the order of
protection.
(c) Upon expiration of the period of safekeeping,
if the firearms or Firearm Owner's Identification Card
cannot be returned to respondent because respondent
cannot be located, fails to respond to requests to
retrieve the firearms, or is not lawfully eligible to
possess a firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, use the
firearms for training purposes, or for any other
application as deemed appropriate by the local law
enforcement agency; or that the firearms be turned
over to a third party who is lawfully eligible to
possess firearms, and who does not reside with
respondent.
(15) Prohibition of access to records. If an order of
protection prohibits respondent from having contact with

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

HB0676 Engrossed - 90 - LRB103 04267 CPF 49273 b
request by the petitioner, order a wireless telephone
service provider to transfer to the petitioner the
right to continue to use a telephone number or numbers
indicated by the petitioner and the financial
responsibility associated with the number or numbers,
as set forth in subparagraph (C) of this paragraph.
For purposes of this paragraph (18), the term
"wireless telephone service provider" means a provider
of commercial mobile service as defined in 47 U.S.C.
332. The petitioner may request the transfer of each
telephone number that the petitioner, or a minor child
in his or her custody, uses. The clerk of the court
shall serve the order on the wireless telephone
service provider's agent for service of process
provided to the Illinois Commerce Commission. The
order shall contain all of the following:
(i) The name and billing telephone number of
the account holder including the name of the
wireless telephone service provider that serves
the account.
(ii) Each telephone number that will be
transferred.
(iii) A statement that the provider transfers
to the petitioner all financial responsibility for
and right to the use of any telephone number
transferred under this paragraph.

HB0676 Engrossed - 91 - LRB103 04267 CPF 49273 b
(B) A wireless telephone service provider shall
terminate the respondent's use of, and shall transfer
to the petitioner use of, the telephone number or
numbers indicated in subparagraph (A) of this
paragraph unless it notifies the petitioner, within 72
hours after it receives the order, that one of the
following applies:
(i) The account holder named in the order has
terminated the account.
(ii) A difference in network technology would
prevent or impair the functionality of a device on
a network if the transfer occurs.
(iii) The transfer would cause a geographic or
other limitation on network or service provision
to the petitioner.
(iv) Another technological or operational
issue would prevent or impair the use of the
telephone number if the transfer occurs.
(C) The petitioner assumes all financial
responsibility for and right to the use of any
telephone number transferred under this paragraph. In
this paragraph, "financial responsibility" includes
monthly service costs and costs associated with any
mobile device associated with the number.
(D) A wireless telephone service provider may
apply to the petitioner its routine and customary

HB0676 Engrossed - 92 - LRB103 04267 CPF 49273 b
requirements for establishing an account or
transferring a number, including requiring the
petitioner to provide proof of identification,
financial information, and customer preferences.
(E) Except for willful or wanton misconduct, a
wireless telephone service provider is immune from
civil liability for its actions taken in compliance
with a court order issued under this paragraph.
(F) All wireless service providers that provide
services to residential customers shall provide to the
Illinois Commerce Commission the name and address of
an agent for service of orders entered under this
paragraph (18). Any change in status of the registered
agent must be reported to the Illinois Commerce
Commission within 30 days of such change.
(G) The Illinois Commerce Commission shall
maintain the list of registered agents for service for
each wireless telephone service provider on the
Commission's website. The Commission may consult with
wireless telephone service providers and the Circuit
Court Clerks on the manner in which this information
is provided and displayed.
(c) Relevant factors; findings.
(1) In determining whether to grant a specific remedy,
other than payment of support, the court shall consider
relevant factors, including but not limited to the

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

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

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

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

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