Public Act 102-0345

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

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

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

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

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

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

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

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

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

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

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

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.

"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

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

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

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

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

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

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

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

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,

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

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,

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

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

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

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

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

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

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.

(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.