Bill Text: IL HB3483 | 2021-2022 | 102nd General Assembly | Introduced

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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 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. 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. 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. 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.

Spectrum: Partisan Bill (Democrat 39-2)

Status: (Introduced - Dead) 2021-04-21 - Added Co-Sponsor Rep. Michelle Mussman [HB3483 Detail]

Download: Illinois-2021-HB3483-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3483 Introduced , by Rep. Denyse Stoneback SYNOPSIS AS INTRODUCED:
See Index
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 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. 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. 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. 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.
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A BILL FOR
HB3483 LRB102 10141 RLC 15463 b
AN ACT concerning firearms.
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 victims of
domestic violence who may benefit from awareness of the
Firearms Restraining Order Act and how to safely and
discreetly determine if a potential abuser possesses a
firearm; and
(3) specific information on situations in which a

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firearms restraining order may be appropriate such as with
situations of domestic violence, mental health crisis, or
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 options victims of domestic violence have to
seek help with special emphasis on the firearms restraining
order.
Section 10. The Illinois Police Training Act is amended by
adding Section 7.1 as follows:
(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
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
a domestic violence situation. Officers who have successfully
completed this program shall be issued a certificate attesting
to their attendance.
(b) Every law enforcement officer shall complete this

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training once each year.
Section 15. 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 or allegedly has a
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.
"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

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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 or ammunition.
"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 or ammunition.
(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 or ammunition.
(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

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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
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 or ammunition.
The petition shall also describe the type and location of any
firearm or firearms or ammunition 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

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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
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,

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purchasing, possessing, or receiving a firearm or ammunition,
the circuit or associate judge shall issue an 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 or ammunition, issue a
search warrant directing a law enforcement agency to seize the
respondent's firearms and ammunition. 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 or ammunition. 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 or ammunition 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
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

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firearm or firearms and ammunition 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 and ammunition 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 or ammunition, upon
petition from the local law enforcement agency, the court may
order the local law enforcement agency to destroy the firearms
and ammunition, use the firearms and ammunition for training
purposes, or use the firearms and ammunition for any 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
and ammunition to a person who is lawfully able to possess the
firearm and ammunition 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

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transferee who receives the respondent's firearms and
ammunition must swear or affirm by affidavit that he or she
shall not transfer the firearm and ammunition 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 and ammunition 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 and
ammunition returned to him or her. If the court determines
that person to be the lawful owner of the firearm and
ammunition, the firearm and ammunition shall be returned to
him or her, provided that:
(1) the firearm and ammunition are is removed from the
respondent's custody, control, or possession and the
lawful owner agrees to store the firearm and ammunition in
a manner such that the respondent does not have access to
or control of the firearm and ammunition; and
(2) the firearm and ammunition is not otherwise
unlawfully possessed by the owner.
The person petitioning for the return of his or her
firearm and ammunition must swear or affirm by affidavit that
he or she: (i) is the lawful owner of the firearm and
ammunition; (ii) shall not transfer the firearm and ammunition
to the respondent; and (iii) will store the firearm and
ammunition in a manner that the respondent does not have

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access to or control of the firearm and ammunition.
(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 and ammunition.
The petition shall also describe the number, types, and
locations of any firearms and ammunition 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

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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
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 and ammunition by the respondent.

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(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,
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 and

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ammunition.
(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 and ammunition, issue a search
warrant directing a law enforcement agency to seize the
respondent's firearms and ammunition. 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 and ammunition. 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 and ammunition for the
duration of the order; and
(2) the respondent to turn over to the local law
enforcement agency any firearm and ammunition or Firearm

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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 and
ammunition 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
the firearms and ammunition 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 and ammunition, or is not lawfully
eligible to possess a firearm and ammunition, upon petition
from the local law enforcement agency, the court may order the
local law enforcement agency to destroy the firearms and
ammunition, use the firearms and ammunition for training
purposes, or use the firearms and ammunition 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

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and ammunition to a person who is lawfully able to possess the
firearm and ammunition 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 and
ammunition must swear or affirm by affidavit that he or she
shall not transfer the firearm and ammunition 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 and ammunition 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 and
ammunition returned to him or her. If the court determines
that person to be the lawful owner of the firearm and
ammunition, the firearm and ammunition shall be returned to
him or her, provided that:
(1) the firearm and ammunition are is removed from the
respondent's custody, control, or possession and the
lawful owner agrees to store the firearm and ammunition in
a manner such that the respondent does not have access to
or control of the firearm and ammunition; and
(2) the firearm and ammunition are is not otherwise
unlawfully possessed by the owner.
The person petitioning for the return of his or her

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firearm and ammunition must swear or affirm by affidavit that
he or she: (i) is the lawful owner of the firearm and
ammunition; (ii) shall not transfer the firearm and ammunition
to the respondent; and (iii) will store the firearm and
ammunition in a manner that the respondent does not have
access to or control of the firearm and ammunition.
(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
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,

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herself, or another in the near future by having in his or
her custody or control, purchasing, possessing, or
receiving a firearm and ammunition.
(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
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 and
ammunition.
(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

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near future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm and
ammunition.
(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.
(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. This report shall include, but is not limited to,
the following information:
(1) the number of petitions for firearms restraining
orders filed;
(2) the number of petitions for firearms restraining
orders granted;
(3) category of petitioner (number of cases filed
totaled by type of family member and type of law
enforcement agency);
(4) the total number of firearms seized; and
(5) common reasons given for petitioning for firearms
restraining orders.
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INDEX
Statutes amended in order of appearance