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1 | AN ACT concerning protective orders.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Firearms Restraining Order Act is amended | |||||||||||||||||||||
5 | by changing Section 5 as follows:
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6 | (430 ILCS 67/5) | |||||||||||||||||||||
7 | Sec. 5. Definitions.
As used in this Act: | |||||||||||||||||||||
8 | "Family member of the respondent" means a spouse, former | |||||||||||||||||||||
9 | spouse, person with whom the respondent has a minor child in | |||||||||||||||||||||
10 | common, parent, child, or step-child of the respondent, any | |||||||||||||||||||||
11 | other person related by blood or present marriage to the | |||||||||||||||||||||
12 | respondent, or a person who shares a common dwelling with the | |||||||||||||||||||||
13 | respondent. | |||||||||||||||||||||
14 | "Firearms restraining order" means an order issued by the | |||||||||||||||||||||
15 | court, prohibiting and enjoining a named person from having in | |||||||||||||||||||||
16 | his or her custody or control, purchasing, possessing, or | |||||||||||||||||||||
17 | receiving any firearms or ammunition, or removing firearm | |||||||||||||||||||||
18 | parts that could be assembled to make an operable firearm.
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19 | "Intimate partner" means a spouse, former spouse, a person | |||||||||||||||||||||
20 | with whom the respondent has or allegedly has a child in | |||||||||||||||||||||
21 | common, or a person with whom the respondent has or has had a | |||||||||||||||||||||
22 | dating or engagement relationship. | |||||||||||||||||||||
23 | "Petitioner" means: |
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1 | (1) a family member of the respondent as defined in | ||||||
2 | this Act; or
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3 | (2) a law enforcement officer
who files a petition | ||||||
4 | alleging that the respondent poses a danger of causing | ||||||
5 | personal injury to himself, herself, or another by having | ||||||
6 | in his or her custody or control, purchasing, possessing, | ||||||
7 | or receiving a firearm, ammunition, or firearm parts that | ||||||
8 | could be assembled to make an operable firearm or removing | ||||||
9 | firearm parts that could be assembled to make an operable | ||||||
10 | firearm. | ||||||
11 | If the petitioner is a law enforcement officer, the | ||||||
12 | petitioner shall be referred to as the law enforcement agency | ||||||
13 | in which the officer is employed on all public records | ||||||
14 | concerning the petition and not the individually named officer | ||||||
15 | who filed the petition. | ||||||
16 | "Respondent" means the person alleged in the petition to | ||||||
17 | pose a danger of causing personal injury to himself, herself, | ||||||
18 | or another by having in his or her custody or control, | ||||||
19 | purchasing, possessing, or receiving a firearm, ammunition, or | ||||||
20 | firearm parts that could be assembled to make an operable | ||||||
21 | firearm or removing firearm parts that could be assembled to | ||||||
22 | make an operable firearm.
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23 | (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22 .)
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24 | Section 10. The Code of Criminal Procedure of 1963 is | ||||||
25 | amended by changing Section 112A-4.5 as follows:
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1 | (725 ILCS 5/112A-4.5) | ||||||
2 | Sec. 112A-4.5. Who may file petition. | ||||||
3 | (a) A petition for a domestic violence order of protection | ||||||
4 | may be filed: | ||||||
5 | (1) by a named victim
who
has been abused by a family | ||||||
6 | or household member; | ||||||
7 | (2) by any person or by the State's Attorney on behalf
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8 | of a named victim who is a minor child or an adult who has | ||||||
9 | been
abused by a family or household
member and who, | ||||||
10 | because of age, health, disability, or inaccessibility,
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11 | cannot file the petition; | ||||||
12 | (3) by a State's Attorney on behalf of any minor child | ||||||
13 | or dependent adult in the care of the named victim, if the | ||||||
14 | named victim does not file a petition or request the | ||||||
15 | State's Attorney file the petition; or | ||||||
16 | (4) any of the following persons if the person is | ||||||
17 | abused by a family or household member of a child: | ||||||
18 | (i) a foster parent of that child if the child has | ||||||
19 | been placed in the foster parent's home by the | ||||||
20 | Department of Children and Family Services or by | ||||||
21 | another state's public child welfare agency; | ||||||
22 | (ii) a legally appointed guardian or legally | ||||||
23 | appointed custodian of that child; | ||||||
24 | (iii) an adoptive parent of that child; | ||||||
25 | (iv) a prospective adoptive parent of that child |
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1 | if the child has been placed in the prospective | ||||||
2 | adoptive parent's home pursuant to the Adoption Act or | ||||||
3 | pursuant to another state's law. | ||||||
4 | For purposes of this paragraph (a)(4), individuals who | ||||||
5 | would have been considered "family or household members" of | ||||||
6 | the child under paragraph (3) of subsection (b) of Section | ||||||
7 | 112A-3 before a termination of the parental rights with | ||||||
8 | respect to the child continue to meet the definition of | ||||||
9 | "family or household members" of the child. | ||||||
10 | (b) A petition for a civil no contact order may be filed: | ||||||
11 | (1) by any person who is a named victim of | ||||||
12 | non-consensual
sexual conduct or non-consensual sexual | ||||||
13 | penetration, including a single incident of non-consensual | ||||||
14 | sexual conduct or non-consensual sexual penetration; | ||||||
15 | (2) by a person or by the State's Attorney on behalf of | ||||||
16 | a named victim who is a minor child or an
adult who is a | ||||||
17 | victim of non-consensual sexual conduct or non-consensual | ||||||
18 | sexual penetration but, because of age, disability, | ||||||
19 | health, or inaccessibility, cannot file the petition; | ||||||
20 | (3) by a State's Attorney on behalf of any minor child | ||||||
21 | who is a family or household member of the named victim, if | ||||||
22 | the named victim does not file a petition or request the | ||||||
23 | State's Attorney file the petition; | ||||||
24 | (4) by a service member of the Illinois National Guard | ||||||
25 | or any reserve military component serving within the State | ||||||
26 | who is a victim of non-consensual sexual conduct who has |
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1 | also received a Military Protective Order; or | ||||||
2 | (5) by the Staff Judge Advocate of the Illinois | ||||||
3 | National Guard or any reserve military component serving | ||||||
4 | in the State on behalf of a named victim who is a victim of | ||||||
5 | non-consensual sexual conduct who has also received a | ||||||
6 | Military Protective Order. | ||||||
7 | (c) A petition for a stalking no contact order may be | ||||||
8 | filed: | ||||||
9 | (1) by any person who is a named victim of stalking; | ||||||
10 | (2) by a person or by the State's Attorney on behalf of | ||||||
11 | a named victim who is a minor child or an
adult who is a | ||||||
12 | victim of stalking but, because of age, disability, | ||||||
13 | health, or inaccessibility, cannot file the petition; | ||||||
14 | (3) by a State's Attorney on behalf of any minor child | ||||||
15 | who is a family or household member of the named victim, if | ||||||
16 | the named victim does not file a petition or request the | ||||||
17 | State's Attorney file the petition; | ||||||
18 | (4) by a service member of the Illinois National Guard | ||||||
19 | or any reserve military component serving within the State | ||||||
20 | who is a victim of non-consensual sexual conduct who has | ||||||
21 | also received a Military Protective Order; or | ||||||
22 | (5) by the Staff Judge Advocate of the Illinois | ||||||
23 | National Guard or any reserve military component serving | ||||||
24 | in the State on behalf of a named victim who is a victim of | ||||||
25 | non-consensual sexual conduct who has also received a | ||||||
26 | Military Protective Order. |
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1 | (d) The State's Attorney shall file a petition on behalf | ||||||
2 | of any person who may file a petition under subsections (a), | ||||||
3 | (b), or (c) of this Section if the person requests the State's | ||||||
4 | Attorney to file a petition on the person's behalf, unless the | ||||||
5 | State's Attorney has a good faith basis to delay filing the | ||||||
6 | petition. The State's Attorney shall inform the person that | ||||||
7 | the State's Attorney will not be filing the petition at that | ||||||
8 | time and that the person may file a petition or may retain an | ||||||
9 | attorney to file the petition. The State's Attorney may file | ||||||
10 | the petition at a later date. | ||||||
11 | (d-5) (1) A person eligible to file a petition under | ||||||
12 | subsection (a), (b), or (c) of this Section may retain an | ||||||
13 | attorney to represent the petitioner on the petitioner's | ||||||
14 | request for a protective order. The attorney's representation | ||||||
15 | is limited to matters related to the petition and relief | ||||||
16 | authorized under this Article. | ||||||
17 | (2) Advocates shall be allowed to accompany the petitioner | ||||||
18 | and confer with the victim, unless otherwise directed by the | ||||||
19 | court. Advocates are not engaged in the unauthorized practice | ||||||
20 | of law when providing assistance to the petitioner. | ||||||
21 | (d-6) If the petitioner is a law enforcement officer or | ||||||
22 | agent of a law enforcement officer, the petitioner shall be | ||||||
23 | referred to as the law enforcement agency in which the officer | ||||||
24 | or agent is employed on all public records concerning the | ||||||
25 | petition and not the individually named officer or agent who | ||||||
26 | filed the petition. |
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1 | (e) Any petition properly
filed under this Article may | ||||||
2 | seek
protection for any additional persons protected by this | ||||||
3 | Article.
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4 | (Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
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5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.
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