Bill Text: IL HB1092 | 2021-2022 | 102nd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois. Provides that the Department of Public Health, subject to appropriation or other available funding, shall conduct a program to promote awareness of firearms restraining orders to the general public. Provides that beginning July 1, 2022, the program must include the development and dissemination, through print, digital, and broadcast media, of public service announcements that publicize the options victims of domestic violence have to seek help with special emphasis on the firearms restraining order. Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Creates the Commission on Implementing the Firearms Restraining Order Act. Amends the Illinois Police Training Act. Provides that the Illinois Law Enforcement Training Standards Board shall develop and approve a standard curriculum for a training program on the Firearms Restraining Order Act. Provides that the Board shall conduct a training program that trains officers on the use of firearms restraining orders, how to identify situations in which a firearms restraining order is appropriate, and how to safely promote the usage of the firearms restraining order in a domestic violence situation. Provides that the curriculum of police training schools shall also include training on the use of a firearms restraining order by providing instruction on the process used to file a firearms restraining order, how to identify situations in which a firearms restraining order is appropriate, and how to promote a firearms restraining order in a domestic violence situation. Provides that if adequate firearms restraining order training is unavailable, the Illinois Law Enforcement Training Standards Board may approve training to be conducted by a third party. Officers who have successfully completed this program shall be issued a certificate attesting to their attendance. Amends the Firearms Restraining Order Act. Provides that a firearms restraining order includes the seizure of the respondent's ammunition and firearm parts that could be assembled to make an operable firearm. Provides that "family member of the respondent" includes a former spouse and a person with whom the respondent has or allegedly has a child in common. Provides that a petition for a firearms restraining order may be filed in any county where an incident occurred that involved the respondent posing an immediate and present danger of causing personal injury to the respondent or another by having in his or her custody or control, or purchasing, possessing, or receiving, a firearm or ammunition or firearm parts that could be assembled to make an operable firearm. Includes printing a petition for a firearms restraining order for which no fees may be charged by the circuit clerk. Provides that the Illinois State Police shall submit a yearly report to the General Assembly concerning the applications and issuance of firearms restraining orders. Makes other changes.

Spectrum: Partisan Bill (Democrat 20-0)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0345 [HB1092 Detail]

Download: Illinois-2021-HB1092-Enrolled.html

---

HB1092 Enrolled LRB102 03106 RLC 13119 b
AN ACT concerning criminal law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Public Health Powers and
Duties Law of the Civil Administrative Code of Illinois is
amended by adding Section 2310-705 as follows:
(20 ILCS 2310/2310-705 new)
Sec. 2310-705. Firearms restraining order awareness.
(a) The Department, subject to appropriation or other
available funding, shall conduct a program to promote
awareness of firearms restraining orders to the general
public. The program may include, but is not limited to:
(1) dissemination of information, either online or
with an in-person pamphlet, of the options people have to
seek assistance using a firearms restraining order and the
process in which to file one;
(2) production of materials that can be given to
health care workers that assist in identifying people who
may benefit from awareness of the Firearms Restraining
Order Act; and
(3) specific information on situations in which a
firearms restraining order may be appropriate such as with
situations of domestic violence, mental health crisis, or

HB1092 Enrolled - 2 - LRB102 03106 RLC 13119 b
anyone who is at risk of injuring themselves or others.
(b) Beginning July 1, 2022, the program must include the
development and dissemination, through print, digital, and
broadcast media, of public service announcements that
publicize the firearms restraining order.
Section 10. The Department of State Police Law of the
Civil Administrative Code of Illinois is amended by adding
Section 2605-51 as follows:
(20 ILCS 2605/2605-51 new)
Sec. 2605-51. Commission on implementing the Firearms
Restraining Order Act.
(a) There is created the Commission on Implementing the
Firearms Restraining Order Act composed of at least 12 members
to advise on the strategies of education and implementation of
the Firearms Restraining Order Act. The Commission shall be
appointed by the Director of the Illinois State Police or his
or her designee and shall include a liaison or representative
nominated from the following:
(1) the Office of the Attorney General, appointed by
the Attorney General;
(2) the Director of the Illinois State Police or his
or her designee;
(3) at least 3 State's Attorneys, nominated by the
Director of the Office of the State's Attorneys Appellate

HB1092 Enrolled - 3 - LRB102 03106 RLC 13119 b
Prosecutor;
(4) at least 2 municipal police department
representatives, nominated by the Illinois Association of
Chiefs of Police;
(5) an Illinois sheriff, nominated by the Illinois
Sheriffs' Association;
(6) the Director of Public Health or his or her
designee;
(7) the Illinois Law Enforcement Training Standards
Board, nominated by the Executive Director of the Board;
(8) a representative from a public defender's office,
nominated by the State Appellate Defender;
(9) a circuit court judge, nominated by the Chief
Justice of the Supreme Court;
(10) a prosecutor with experience managing or
directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the National District Attorneys Association;
and
(11) an expert from law enforcement who has experience
managing or directing a program in another state where the
implementation of that state's extreme risk protection
order law has achieved high rates of petition filings
nominated by the Director of the Illinois State Police.
(b) The Commission shall be chaired by the Director of the

HB1092 Enrolled - 4 - LRB102 03106 RLC 13119 b
Illinois State Police or his or her designee. The Commission
shall meet, either virtually or in person, to discuss the
implementation of the Firearms Restraining Order Act as
determined by the Commission while the strategies are being
established.
(c) The members of the Commission shall serve without
compensation and shall serve 3-year terms.
(d) An annual report shall be submitted to the General
Assembly by the Commission that may include summary
information about firearms restraining order use by county,
challenges to Firearms Restraining Order Act implementation,
and recommendations for increasing and improving
implementation.
(e) The Commission shall develop a model policy with an
overall framework for the timely relinquishment of firearms
whenever a firearms restraining order is issued. The model
policy shall be finalized within the first 4 months of
convening. In formulating the model policy, the Commission
shall consult counties in Illinois and other states with
extreme risk protection order laws which have achieved a high
rate of petition filings. Once approved, the Illinois State
Police shall work with their local law enforcement agencies
within their county to design a comprehensive strategy for the
timely relinquishment of firearms, using the model policy as
an overall framework. Each individual agency may make small
modifications as needed to the model policy and must approve

HB1092 Enrolled - 5 - LRB102 03106 RLC 13119 b
and adopt a policy that aligns with the model policy. The
Illinois State Police shall convene local police chiefs and
sheriffs within their county as needed to discuss the
relinquishment of firearms.
(f) The Commission shall be dissolved 3 years after the
effective date of this amendatory Act of the 102nd General
Assembly.
(g) This Section is repealed 4 years after the effective
date of this amendatory Act of the 102nd General Assembly.
Section 15. The Illinois Police Training Act is amended by
changing Section 7 and by adding Section 7.1 as follows:
(50 ILCS 705/7) (from Ch. 85, par. 507)
Sec. 7. Rules and standards for schools. The Board shall
adopt rules and minimum standards for such schools which shall
include, but not be limited to, the following:
a. The curriculum for probationary police officers
which shall be offered by all certified schools shall
include, but not be limited to, courses of procedural
justice, arrest and use and control tactics, search and
seizure, including temporary questioning, civil rights,
human rights, human relations, cultural competency,
including implicit bias and racial and ethnic sensitivity,
criminal law, law of criminal procedure, constitutional
and proper use of law enforcement authority, vehicle and

HB1092 Enrolled - 6 - LRB102 03106 RLC 13119 b
traffic law including uniform and non-discriminatory
enforcement of the Illinois Vehicle Code, traffic control
and accident investigation, techniques of obtaining
physical evidence, court testimonies, statements, reports,
firearms training, training in the use of electronic
control devices, including the psychological and
physiological effects of the use of those devices on
humans, first-aid (including cardiopulmonary
resuscitation), training in the administration of opioid
antagonists as defined in paragraph (1) of subsection (e)
of Section 5-23 of the Substance Use Disorder Act,
handling of juvenile offenders, recognition of mental
conditions and crises, including, but not limited to, the
disease of addiction, which require immediate assistance
and response and methods to safeguard and provide
assistance to a person in need of mental treatment,
recognition of abuse, neglect, financial exploitation, and
self-neglect of adults with disabilities and older adults,
as defined in Section 2 of the Adult Protective Services
Act, crimes against the elderly, law of evidence, the
hazards of high-speed police vehicle chases with an
emphasis on alternatives to the high-speed chase, and
physical training. The curriculum shall include specific
training in techniques for immediate response to and
investigation of cases of domestic violence and of sexual
assault of adults and children, including cultural

HB1092 Enrolled - 7 - LRB102 03106 RLC 13119 b
perceptions and common myths of sexual assault and sexual
abuse as well as interview techniques that are age
sensitive and are trauma informed, victim centered, and
victim sensitive. The curriculum shall include training in
techniques designed to promote effective communication at
the initial contact with crime victims and ways to
comprehensively explain to victims and witnesses their
rights under the Rights of Crime Victims and Witnesses Act
and the Crime Victims Compensation Act. The curriculum
shall also include training in effective recognition of
and responses to stress, trauma, and post-traumatic stress
experienced by police officers that is consistent with
Section 25 of the Illinois Mental Health First Aid
Training Act in a peer setting, including recognizing
signs and symptoms of work-related cumulative stress,
issues that may lead to suicide, and solutions for
intervention with peer support resources. The curriculum
shall include a block of instruction addressing the
mandatory reporting requirements under the Abused and
Neglected Child Reporting Act. The curriculum shall also
include a block of instruction aimed at identifying and
interacting with persons with autism and other
developmental or physical disabilities, reducing barriers
to reporting crimes against persons with autism, and
addressing the unique challenges presented by cases
involving victims or witnesses with autism and other

HB1092 Enrolled - 8 - LRB102 03106 RLC 13119 b
developmental disabilities. The curriculum shall include
training in the detection and investigation of all forms
of human trafficking. The curriculum shall also include
instruction in trauma-informed responses designed to
ensure the physical safety and well-being of a child of an
arrested parent or immediate family member; this
instruction must include, but is not limited to: (1)
understanding the trauma experienced by the child while
maintaining the integrity of the arrest and safety of
officers, suspects, and other involved individuals; (2)
de-escalation tactics that would include the use of force
when reasonably necessary; and (3) inquiring whether a
child will require supervision and care. The curriculum
for permanent police officers shall include, but not be
limited to: (1) refresher and in-service training in any
of the courses listed above in this subparagraph, (2)
advanced courses in any of the subjects listed above in
this subparagraph, (3) training for supervisory personnel,
and (4) specialized training in subjects and fields to be
selected by the board. The training in the use of
electronic control devices shall be conducted for
probationary police officers, including University police
officers. The curriculum shall also include training on
the use of a firearms restraining order by providing
instruction on the process used to file a firearms
restraining order and how to identify situations in which

HB1092 Enrolled - 9 - LRB102 03106 RLC 13119 b
a firearms restraining order is appropriate.
b. Minimum courses of study, attendance requirements
and equipment requirements.
c. Minimum requirements for instructors.
d. Minimum basic training requirements, which a
probationary police officer must satisfactorily complete
before being eligible for permanent employment as a local
law enforcement officer for a participating local
governmental agency. Those requirements shall include
training in first aid (including cardiopulmonary
resuscitation).
e. Minimum basic training requirements, which a
probationary county corrections officer must
satisfactorily complete before being eligible for
permanent employment as a county corrections officer for a
participating local governmental agency.
f. Minimum basic training requirements which a
probationary court security officer must satisfactorily
complete before being eligible for permanent employment as
a court security officer for a participating local
governmental agency. The Board shall establish those
training requirements which it considers appropriate for
court security officers and shall certify schools to
conduct that training.
A person hired to serve as a court security officer
must obtain from the Board a certificate (i) attesting to

HB1092 Enrolled - 10 - LRB102 03106 RLC 13119 b
his or her successful completion of the training course;
(ii) attesting to his or her satisfactory completion of a
training program of similar content and number of hours
that has been found acceptable by the Board under the
provisions of this Act; or (iii) attesting to the Board's
determination that the training course is unnecessary
because of the person's extensive prior law enforcement
experience.
Individuals who currently serve as court security
officers shall be deemed qualified to continue to serve in
that capacity so long as they are certified as provided by
this Act within 24 months of June 1, 1997 (the effective
date of Public Act 89-685). Failure to be so certified,
absent a waiver from the Board, shall cause the officer to
forfeit his or her position.
All individuals hired as court security officers on or
after June 1, 1997 (the effective date of Public Act
89-685) shall be certified within 12 months of the date of
their hire, unless a waiver has been obtained by the
Board, or they shall forfeit their positions.
The Sheriff's Merit Commission, if one exists, or the
Sheriff's Office if there is no Sheriff's Merit
Commission, shall maintain a list of all individuals who
have filed applications to become court security officers
and who meet the eligibility requirements established
under this Act. Either the Sheriff's Merit Commission, or

HB1092 Enrolled - 11 - LRB102 03106 RLC 13119 b
the Sheriff's Office if no Sheriff's Merit Commission
exists, shall establish a schedule of reasonable intervals
for verification of the applicants' qualifications under
this Act and as established by the Board.
g. Minimum in-service training requirements, which a
police officer must satisfactorily complete every 3 years.
Those requirements shall include constitutional and proper
use of law enforcement authority, procedural justice,
civil rights, human rights, mental health awareness and
response, officer wellness, reporting child abuse and
neglect, and cultural competency.
h. Minimum in-service training requirements, which a
police officer must satisfactorily complete at least
annually. Those requirements shall include law updates and
use of force training which shall include scenario based
training, or similar training approved by the Board.
(Source: P.A. 100-121, eff. 1-1-18; 100-247, eff. 1-1-18;
100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-910, eff.
1-1-19; 101-18, eff. 1-1-20; 101-81, eff. 7-12-19; 101-215,
eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff. 8-16-19;
101-564, eff. 1-1-20; revised 9-10-19.)"; and
(50 ILCS 705/7.1 new)
Sec. 7.1. Firearms restraining order training.
(a) The Illinois Law Enforcement Training Standards Board
shall develop and approve a standard curriculum for a training

HB1092 Enrolled - 12 - LRB102 03106 RLC 13119 b
program on the Firearms Restraining Order Act. The Board shall
conduct a training program that trains officers on the use of
firearms restraining orders, how to identify situations in
which a firearms restraining order is appropriate, and how to
safely promote the usage of the firearms restraining order in
different situations. Officers who have successfully completed
this program shall be issued a certificate attesting to their
attendance.
(b) Every law enforcement officer shall complete this
training once each year.
(c) If adequate training is unavailable, the Illinois Law
Enforcement Training Standards Board may approve training to
be conducted by a third party.
Section 20. The Firearms Restraining Order Act is amended
by changing Sections 5, 10, 35, 40, and 45 and by adding
Section 85 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.

HB1092 Enrolled - 13 - LRB102 03106 RLC 13119 b
"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
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.
"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

HB1092 Enrolled - 14 - LRB102 03106 RLC 13119 b
make an operable firearm.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/10)
Sec. 10. Commencement of action; procedure.
(a) An action for a firearms restraining order is
commenced by filing a verified petition for a firearms
restraining order in any circuit court.
(b) A petition for a firearms restraining order may be
filed in: (1) any county where the respondent resides or (2)
any county where an incident occurred that involved the
respondent posing an immediate and present danger of causing
personal injury to the respondent or another by having in his
or her custody or control, or purchasing, possessing, or
receiving, a firearm, ammunition, or firearm parts that could
be assembled to make an operable firearm.
(c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, printing, or photocopying
petitions or orders; or for issuing alias summons; or for any
related filing service. No fee shall be charged by the sheriff
or other law enforcement for service by the sheriff or other
law enforcement of a petition, rule, motion, or order in an
action commenced under this Section.
(d) 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

HB1092 Enrolled - 15 - LRB102 03106 RLC 13119 b
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
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. The petition shall also describe the type and
location of any firearm or firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm
presently believed by the petitioner to be possessed or
controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all intimate partners of the respondent. The notice
must include that the petitioner intends to petition the court
for an emergency firearms restraining order, and, if the

HB1092 Enrolled - 16 - LRB102 03106 RLC 13119 b
petitioner is a law enforcement officer, referral to relevant
domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all intimate partners,
the affidavit or verified pleading should describe what
efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be
issued on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause
to believe that the respondent poses an immediate and present
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, the circuit or associate judge shall issue an

HB1092 Enrolled - 17 - LRB102 03106 RLC 13119 b
emergency order.
(f-5) If the court issues an emergency firearms
restraining order, it shall, upon a finding of probable cause
that the respondent possesses firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm,
issue a search warrant directing a law enforcement agency to
seize the respondent's firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm. The court
may, as part of that warrant, direct the law enforcement
agency to search the respondent's residence and other places
where the court finds there is probable cause to believe he or
she is likely to possess the firearms, ammunition, or firearm
parts that could be assembled to make an operable firearm. A
return of the search warrant shall be filed by the law
enforcement agency within 4 days thereafter, setting forth the
time, date, and location that the search warrant was executed
and what items, if any, were seized.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, 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 for the duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any Firearm Owner's Identification Card

HB1092 Enrolled - 18 - LRB102 03106 RLC 13119 b
and concealed carry license in his or her possession. The
local law enforcement agency shall immediately mail the
card and concealed carry license to the Department of
State Police Firearm Services Bureau for safekeeping. The
firearm or firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm and Firearm
Owner's Identification Card and concealed carry license,
if unexpired, shall be returned to the respondent after
the firearms restraining order is terminated or expired.
(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card and concealed carry license cannot be
returned to the respondent because the respondent cannot be
located, fails to respond to requests to retrieve the
firearms, or is not lawfully eligible to possess a firearm,
ammunition, or firearm parts that could be assembled to make
an operable firearm, upon petition from the local law
enforcement agency, the court may order the local law
enforcement agency to destroy the firearms, ammunition, and
firearm parts that could be assembled to make an operable
firearm, use the firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm for training
purposes, or use the firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm for any

HB1092 Enrolled - 19 - LRB102 03106 RLC 13119 b
other application as deemed appropriate by the local law
enforcement agency.
(h-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(h-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled

HB1092 Enrolled - 20 - LRB102 03106 RLC 13119 b
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are is
removed from the respondent's custody, control, or
possession and the lawful owner agrees to store the
firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner such
that the respondent does not have access to or control of
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are is not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store

HB1092 Enrolled - 21 - LRB102 03106 RLC 13119 b
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.
The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/40)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses a significant danger of
causing personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition,
and firearm parts that could be assembled to make an operable
firearm. The petition shall also describe the number, types,

HB1092 Enrolled - 22 - LRB102 03106 RLC 13119 b
and locations of any firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm presently
believed by the petitioner to be possessed or controlled by
the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or
an intimate partner is alleged to have been the target of a
threat or act of violence by the respondent, the petitioner
shall make a good faith effort to provide notice to any and all
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a
6-month firearms restraining order, and, if the petitioner is
a law enforcement officer, referral to relevant domestic
violence or stalking advocacy or counseling resources, if
appropriate. The petitioner shall attest to having provided
the notice in the filed affidavit or verified pleading. If,
after making a good faith effort, the petitioner is unable to
provide notice to any or all intimate partners, the affidavit
or verified pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30

HB1092 Enrolled - 23 - LRB102 03106 RLC 13119 b
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm, ammunition, and firearm parts
that could be assembled to make an operable firearm by the
respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or
another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued
under Section 214 of the Illinois Domestic Violence Act of
1986 or Section 112A-14 of the Code of Criminal Procedure
of 1963.
(7) A pattern of violent acts or violent threats,

HB1092 Enrolled - 24 - LRB102 03106 RLC 13119 b
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden
of proving, by clear and convincing evidence, that the
respondent poses a significant danger of personal injury to
himself, herself, or another by having in his or her custody or
control, purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court
shall issue a firearms restraining order that shall be in
effect for 6 months subject to renewal under Section 45 of this
Act or termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, ammunition, and firearm parts
that could be assembled to make an operable firearm, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms, ammunition, and firearm parts that
could be assembled to make an operable firearm. The court may,
as part of that warrant, direct the law enforcement agency to
search the respondent's residence and other places where the
court finds there is probable cause to believe he or she is
likely to possess the firearms, ammunition, and firearm parts

HB1092 Enrolled - 25 - LRB102 03106 RLC 13119 b
that could be assembled to make an operable firearm. A return
of the search warrant shall be filed by the law enforcement
agency within 4 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items, if any, were seized.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or
her custody or control, purchasing, possessing, or
receiving additional firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm
for the duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm
or Firearm Owner's Identification Card and concealed carry
license in his or her possession. The local law
enforcement agency shall immediately mail the card and
concealed carry license to the Department of State Police
Firearm Services Bureau for safekeeping. The firearm or
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm and Firearm Owner's
Identification Card and concealed carry license, if
unexpired, shall be returned to the respondent after the
firearms restraining order is terminated or expired.
(i) Except as otherwise provided in subsection (i-5) of
this Section, upon expiration of the period of safekeeping, if

HB1092 Enrolled - 26 - LRB102 03106 RLC 13119 b
the firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm or Firearm Owner's
Identification Card cannot be returned to the respondent
because the respondent cannot be located, fails to respond to
requests to retrieve the firearms, ammunition, and firearm
parts that could be assembled to make an operable firearm, or
is not lawfully eligible to possess a firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm, upon petition from the local law enforcement agency,
the court may order the local law enforcement agency to
destroy the firearms, ammunition, and firearm parts that could
be assembled to make an operable firearm, use the firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm for training purposes, or use the
firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm for any other
application as deemed appropriate by the local law enforcement
agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to a person who is lawfully able to possess
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm if the person does not

HB1092 Enrolled - 27 - LRB102 03106 RLC 13119 b
reside at the same address as the respondent. Notice of the
petition shall be served upon the person protected by the
emergency firearms restraining order. While the order is in
effect, the transferee who receives the respondent's firearms,
ammunition, and firearm parts that could be assembled to make
an operable firearm must swear or affirm by affidavit that he
or she shall not transfer the firearm, ammunition, and firearm
parts that could be assembled to make an operable firearm to
the respondent or to anyone residing in the same residence as
the respondent.
(i-6) If a person other than the respondent claims title
to any firearms, ammunition, and firearm parts that could be
assembled to make an operable firearm surrendered under this
Section, he or she may petition the court, if the petitioner is
present in court or has notice of the petition, to have the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm returned to him or her. If the
court determines that person to be the lawful owner of the
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm, the firearm, ammunition, and
firearm parts that could be assembled to make an operable
firearm shall be returned to him or her, provided that:
(1) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are is
removed from the respondent's custody, control, or
possession and the lawful owner agrees to store the

HB1092 Enrolled - 28 - LRB102 03106 RLC 13119 b
firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner such
that the respondent does not have access to or control of
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm; and
(2) the firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm are is not
otherwise unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm, ammunition, and firearm parts that could be assembled
to make an operable firearm must swear or affirm by affidavit
that he or she: (i) is the lawful owner of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm; (ii) shall not transfer the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm to the respondent; and (iii) will store
the firearm, ammunition, and firearm parts that could be
assembled to make an operable firearm in a manner that the
respondent does not have access to or control of the firearm,
ammunition, and firearm parts that could be assembled to make
an operable firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that

HB1092 Enrolled - 29 - LRB102 03106 RLC 13119 b
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to
request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/45)
Sec. 45. Termination and renewal.
(a) A person subject to a firearms restraining order
issued under this Act may submit one written request at any
time during the effective period of the order for a hearing to
terminate the order.
(1) The respondent shall have the burden of proving by
a preponderance of the evidence that the respondent does
not pose a danger of causing personal injury to himself,
herself, or another in the near future by having in his or
her custody or control, purchasing, possessing, or
receiving a firearm, ammunition, and firearm parts that
could be assembled to make an operable firearm.
(2) If the court finds after the hearing that the
respondent has met his or her burden, the court shall
terminate the order.
(b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the
expiration of a firearms restraining order.
(1) A court shall, after notice and a hearing, renew a

HB1092 Enrolled - 30 - LRB102 03106 RLC 13119 b
firearms restraining order issued under this part if the
petitioner proves, by clear and convincing evidence, that
the respondent continues to pose a danger of causing
personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(2) In determining whether to renew a firearms
restraining order issued under this Act, the court shall
consider evidence of the facts identified in subsection
(e) of Section 40 of this Act and any other evidence of an
increased risk for violence.
(3) At the hearing, the petitioner shall have the
burden of proving by clear and convincing evidence that
the respondent continues to pose a danger of causing
personal injury to himself, herself, or another in the
near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm,
ammunition, and firearm parts that could be assembled to
make an operable firearm.
(4) The renewal of a firearms restraining order issued
under this Section shall be in effect for 6 months,
subject to termination by further order of the court at a
hearing held under this Section and further renewal by
further order of the court under this Section.

HB1092 Enrolled - 31 - LRB102 03106 RLC 13119 b
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/85 new)
Sec. 85. Report to the General Assembly. The Illinois
State Police shall submit a yearly report to the General
Assembly or make available on its website the number of
petitions entered into the Law Enforcement Agencies Data
System.