Rep. Maura Hirschauer
Filed: 5/9/2023
 
 


 




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1
AMENDMENT TO HOUSE BILL 676




2 AMENDMENT NO. ______. Amend House Bill 676 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Counties Code is amended by changing 
5Section 5-1117 as follows:




6 (55 ILCS 5/5-1117) (from Ch. 34, par. 5-1117)



7 Sec. 5-1117. Discharge of firearms. 

8 (a) The county board of any county may, by ordinance, 
9regulate or
prohibit within unincorporated areas the discharge 
10of firearms in any
residential area where such discharge is 
11likely to subject residents or
passersby to the risk of 
12injury. However, such an ordinance shall not
limit the right 
13to discharge a firearm for the lawful defense of persons or

14property, or in the course of making a lawful arrest, when such 
15use of force
is justified under Article 7 of the Criminal Code 
16of 2012.

 
 
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1 (b) For the purposes of this Section, a "residential area" 
2is any
area within 1,000 300 yards of at least 3 single or 
3multi-family residential
structures.

4(Source: P.A. 97-1150, eff. 1-25-13.)


5 Section 10. The Illinois Insurance Code is amended by 
6adding Section 392.2 as follows:

7 (215 ILCS 5/392.2 new)
8 Sec. 392.2. Task Force on Firearm Insurance.
9 (a) The Task Force on Firearm Insurance is created for the 
10purpose of reviewing public policy options relating to the 
11insurance of firearms in the State of Illinois.
12 (b) The Department shall provide administrative support 
13for the Task Force to review current and potential future 
14insurance policy offerings for the safe and legal possession 
15of firearms and offer policymaking recommendations related to 
16the use of that insurance. The Task Force shall work 
17cooperatively with the insurance industry, community 
18organizations, advocacy groups, and appropriate State agencies 
19to develop policy options related to insuring the ownership 
20and use of firearms. The Task Force shall be comprised of the 
21following members:
22  (1) One member of the General Assembly, appointed by 
23 the Speaker of the House of Representatives.
24  (2) One member of the General Assembly, appointed by 
 
 
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1 the President of the Senate.
2  (3) One member of the General Assembly, appointed by 
3 the Minority Leader of the House of Representatives.
4  (4) One member of the General Assembly, appointed by 
5 the Minority Leader of the Senate.
6  (5) 2 representatives of the Illinois commercial 
7 insurance industry, appointed by the Governor.
8  (6) 2 experts in the incidences, causes, and impacts 
9 of firearm-related injuries and deaths, appointed by the 
10 Governor.
11  (7) The Director of the Illinois State Police, or the 
12 Director of the Illinois State Police's designee.
13  (8) The Director of Insurance, or the Director of 
14 Insurance's designee.
15  (9) The Director of Public Health, or the Director of 
16 Public Health's designee.
17  (10) 2 representatives of firearm advocacy groups, 
18 appointed by the Governor.
19  (11) The Director of Natural Resources, or the 
20 Director of Natural Resources' designee. 
21 (c) The Task Force shall elect a chairperson from its 
22membership and shall have the authority to determine its 
23meeting schedules, hearing schedules, and agendas.
24 (d) Appointments shall be made within 90 days after the 
25effective date of this amendatory Act of the 103rd General 
26Assembly.
 
 
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1 (e) Members shall serve without compensation and shall be 
2adults and residents of Illinois.
3 (f) The Task Force shall:
4  (1) review existing available insurance that covers 
5 risks arising from the ownership and use of firearms;
6  (2) review potential future insurance policy offerings 
7 that would cover risks arising from the ownership and use 
8 of firearms;
9  (3) gather and analyze information on the cost and 
10 other impacts associated with each policy option put 
11 forward; and
12  (4) provide recommendations on the feasibility and 
13 cost-effectiveness of requiring firearm owners in this 
14 State to possess insurance, including any risks generally 
15 to be covered.
16 (g) A report of the findings, recommendations, and other 
17information determined by the Task Force to be relevant shall 
18be made available on the Department's website.
19 (h) The Task Force shall submit the report of findings and 
20recommendations to the Governor and the General Assembly by 
21December 31, 2023.
22 (i) The Task Force on Firearm Insurance is dissolved and 
23this Section is repealed on January 1, 2025.

24 Section 15. The Firearm Owners Identification Card Act is 
25amended by changing Sections 1, 1.1, 2, and 3 as follows:




 
 
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1 (430 ILCS 65/1) (from Ch. 38, par. 83-1)



2 Sec. 1. It is hereby declared as a matter of legislative 
3determination that
in order to promote and protect the health, 
4safety, and welfare of the
public, it is necessary and in the 
5public interest to provide a system of
identifying persons who 
6are not qualified to acquire or possess firearms, firearm 
7ammunition, prepackaged explosive components, stun guns, and 
8tasers within the State of Illinois by the establishment of
a 
9system of Firearm Owner's Identification Cards, thereby 
10establishing a
practical and workable system by which law 
11enforcement authorities will be
afforded an opportunity to 
12identify those persons who are prohibited by
Section 24-3.1 of 
13the Criminal Code of 2012, from
acquiring or possessing 
14firearms and firearm ammunition and who are prohibited by this 
15Act from acquiring stun guns and tasers.

16(Source: P.A. 97-1150, eff. 1-25-13.)




17 (430 ILCS 65/1.1)



18 Sec. 1.1. For purposes of this Act: 

19 "Addicted to narcotics" means a person who has been: 
20  (1) convicted of an offense involving the use or 
21 possession of cannabis, a controlled substance, or 
22 methamphetamine within the past year; or 
23  (2) determined by the Illinois State Police to be 
24 addicted to narcotics based upon federal law or federal 
 
 
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1 guidelines. 
2 "Addicted to narcotics" does not include possession or use 
3of a prescribed controlled substance under the direction and 
4authority of a physician or other person authorized to 
5prescribe the controlled substance when the controlled 
6substance is used in the prescribed manner.
7 "Adjudicated as a person with a mental disability" means 
8the person is the subject of a determination by a court, board, 
9commission or other lawful authority that the person, as a 
10result of marked subnormal intelligence, or mental illness, 
11mental impairment, incompetency, condition, or disease:
12  (1) presents a clear and present danger to himself, 
13 herself, or to others;
14  (2) lacks the mental capacity to manage his or her own 
15 affairs or is adjudicated a person with a disability as 
16 defined in Section 11a-2 of the Probate Act of 1975;
17  (3) is not guilty in a criminal case by reason of 
18 insanity, mental disease or defect;
19  (3.5) is guilty but mentally ill, as provided in 
20 Section 5-2-6 of the Unified Code of Corrections; 
21  (4) is incompetent to stand trial in a criminal case; 
22  (5) is not guilty by reason of lack of mental 
23 responsibility under Articles 50a and 72b of the Uniform 
24 Code of Military Justice, 10 U.S.C. 850a, 876b;

25  (6) is a sexually violent person under subsection (f) 
26 of Section 5 of the Sexually Violent Persons Commitment 
 
 
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1 Act; 
2  (7) is a sexually dangerous person under the Sexually 
3 Dangerous Persons Act; 
4  (8) is unfit to stand trial under the Juvenile Court 
5 Act of 1987; 
6  (9) is not guilty by reason of insanity under the 
7 Juvenile Court Act of 1987; 
8  (10) is subject to involuntary admission as an 
9 inpatient as defined in Section 1-119 of the Mental Health 
10 and Developmental Disabilities Code; 
11  (11) is subject to involuntary admission as an 
12 outpatient as defined in Section 1-119.1 of the Mental 
13 Health and Developmental Disabilities Code; 
14  (12) is subject to judicial admission as set forth in 
15 Section 4-500 of the Mental Health and Developmental 
16 Disabilities Code; or 
17  (13) is subject to the provisions of the Interstate 
18 Agreements on Sexually Dangerous Persons Act. 
19 "Clear and present danger" means a person who:
20  (1) communicates a serious threat of physical violence 
21 against a reasonably identifiable victim or poses a clear 
22 and imminent risk of serious physical injury to himself, 
23 herself, or another person as determined by a physician, 
24 clinical psychologist, or qualified examiner; or
25  (2) demonstrates threatening physical or verbal 
26 behavior, such as violent, suicidal, or assaultive 
 
 
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1 threats, actions, or other behavior, as determined by a 
2 physician, clinical psychologist, qualified examiner, 
3 school administrator, or law enforcement official.
4 "Clinical psychologist" has the meaning provided in 
5Section 1-103 of the Mental Health and Developmental 
6Disabilities Code.
7 "Controlled substance" means a controlled substance or 
8controlled substance analog as defined in the Illinois 
9Controlled Substances Act. 
10 "Counterfeit" means to copy or imitate, without legal 
11authority, with
intent
to deceive.
12 "Developmental disability" means a severe, chronic 
13disability of an individual that: 
14  (1) is attributable to a mental or physical impairment 
15 or combination of mental and physical impairments; 
16  (2) is manifested before the individual attains age 
17 22; 
18  (3) is likely to continue indefinitely; 
19  (4) results in substantial functional limitations in 3 
20 or more of the following areas of major life activity: 
21   (A) Self-care. 
22   (B) Receptive and expressive language. 
23   (C) Learning. 
24   (D) Mobility. 
25   (E) Self-direction. 
26   (F) Capacity for independent living. 
 
 
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1   (G) Economic self-sufficiency; and 
2  (5) reflects the individual's need for a combination 
3 and sequence of special, interdisciplinary, or generic 
4 services, individualized supports, or other forms of 
5 assistance that are of lifelong or extended duration and 
6 are individually planned and coordinated.
7 "Federally licensed firearm dealer" means a person who is 
8licensed as a federal firearms dealer under Section 923 of the 
9federal Gun Control Act of 1968 (18 U.S.C. 923).


10 "Firearm" means any device, by
whatever name known, which 
11is designed to expel a projectile or projectiles
by the action 
12of an explosion, expansion of gas or escape of gas; excluding,

13however:

14  (1) any pneumatic gun, spring gun, paint ball gun, or 
15 B-B gun which
expels a single globular projectile not 
16 exceeding .18 inch in
diameter or which has a maximum 
17 muzzle velocity of less than 700 feet
per second;

18  (1.1) any pneumatic gun, spring gun, paint ball gun, 
19 or B-B gun which expels breakable paint balls containing 
20 washable marking colors; 
21  (2) any device used exclusively for signaling or 
22 safety and required or
recommended by the United States 
23 Coast Guard or the Interstate Commerce
Commission;

24  (3) any device used exclusively for the firing of stud 
25 cartridges,
explosive rivets or similar industrial 
26 ammunition; and

 
 
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1  (4) an antique firearm (other than a machine-gun) 
2 which, although
designed as a weapon, the Illinois State 
3 Police finds by reason of
the date of its manufacture, 
4 value, design, and other characteristics is
primarily a 
5 collector's item and is not likely to be used as a weapon.

6 "Firearm ammunition" means any self-contained cartridge or 
7shotgun
shell, by whatever name known, which is designed to be 
8used or adaptable to
use in a firearm; excluding, however:

9  (1) any ammunition exclusively designed for use with a 
10 device used
exclusively for signaling or safety and 
11 required or recommended by the
United States Coast Guard 
12 or the Interstate Commerce Commission; and

13  (2) any ammunition designed exclusively for use with a 
14 stud or rivet
driver or other similar industrial 
15 ammunition.
16 "Gun show" means an event or function:
17  (1) at which the sale and transfer of firearms is the 
18 regular and normal course of business and where 50 or more 
19 firearms are displayed, offered, or exhibited for sale, 
20 transfer, or exchange; or
21  (2) at which not less than 10 gun show vendors 
22 display, offer, or exhibit for sale, sell, transfer, or 
23 exchange firearms.

24 "Gun show" includes the entire premises provided for an 
25event or function, including parking areas for the event or 
26function, that is sponsored to facilitate the purchase, sale, 
 
 
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1transfer, or exchange of firearms as described in this 
2Section.
Nothing in this definition shall be construed to 
3exclude a gun show held in conjunction with competitive 
4shooting events at the World Shooting Complex sanctioned by a 
5national governing body in which the sale or transfer of 
6firearms is authorized under subparagraph (5) of paragraph (g) 
7of subsection (A) of Section 24-3 of the Criminal Code of 2012. 
8 Unless otherwise expressly stated, "gun show" does not 
9include training or safety classes, competitive shooting 
10events, such as rifle, shotgun, or handgun matches, trap, 
11skeet, or sporting clays shoots, dinners, banquets, raffles, 
12or
any other event where the sale or transfer of firearms is 
13not the primary course of business.
14 "Gun show promoter" means a person who organizes or 
15operates a gun show.
16 "Gun show vendor" means a person who exhibits, sells, 
17offers for sale, transfers, or exchanges any firearms at a gun 
18show, regardless of whether the person arranges with a gun 
19show promoter for a fixed location from which to exhibit, 
20sell, offer for sale, transfer, or exchange any firearm.
21 "Intellectual disability" means significantly subaverage 
22general intellectual functioning, existing concurrently with 
23deficits in adaptive behavior and manifested during the 
24developmental period, which is defined as before the age of 
2522, that adversely affects a child's educational performance.
26 "Involuntarily admitted" has the meaning as prescribed in 
 
 
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1Sections 1-119 and 1-119.1 of the Mental Health and 
2Developmental Disabilities Code. 
3 "Mental health facility" means any licensed private 
4hospital or hospital affiliate, institution, or facility, or 
5part thereof, and any facility, or part thereof, operated by 
6the State or a political subdivision thereof which provides 
7treatment of persons with mental illness and includes all 
8hospitals, institutions, clinics, evaluation facilities, 
9mental health centers, colleges, universities, long-term care 
10facilities, and nursing homes, or parts thereof, which provide 
11treatment of persons with mental illness whether or not the 
12primary purpose is to provide treatment of persons with mental 
13illness. 
14 "National governing body" means a group of persons who 
15adopt rules and formulate policy on behalf of a national 
16firearm sporting organization. 
17 "Noncitizen" means a person who is not a citizen of the 
18United States, but is a person who is a foreign-born person who 
19lives in the United States, has not been naturalized, and is 
20still a citizen of a foreign country. 
21 "Patient" means: 
22  (1) a person who is admitted as an inpatient or 
23 resident of a public or private mental health facility for 
24 mental health treatment under Chapter III of the Mental 
25 Health and Developmental Disabilities Code as an informal 
26 admission, a voluntary admission, a minor admission, an 
 
 
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1 emergency admission, or an involuntary admission, unless 
2 the treatment was solely for an alcohol abuse disorder; or 
3  (2) a person who voluntarily or involuntarily receives 
4 mental health treatment as an out-patient or is otherwise 
5 provided services by a public or private mental health 
6 facility and who poses a clear and present danger to 
7 himself, herself, or others. 
8 "Physician" has the meaning as defined in Section 1-120 of 
9the Mental Health and Developmental Disabilities Code.
10 "Prepackaged explosive components" has the same meaning 
11ascribed to the term in Section 24-4.3 of the Criminal Code of 
122012.
13 "Protective order" means any orders of protection issued 
14under the Illinois Domestic Violence Act of 1986, stalking no 
15contact orders issued under the Stalking No Contact Order Act, 
16civil no contact orders issued under the Civil No Contact 
17Order Act, and firearms restraining orders issued under the 
18Firearms Restraining Order Act or a substantially similar 
19order issued by the court of another state, tribe, or United 
20States territory or military tribunal.
21 "Qualified examiner" has the meaning provided in Section 
221-122 of the Mental Health and Developmental Disabilities 
23Code.
24 "Sanctioned competitive shooting event" means a shooting 
25contest officially recognized by a national or state shooting 
26sport association, and includes any sight-in or practice 
 
 
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1conducted in conjunction with the event.


2 "School administrator" means the person required to report 
3under the School Administrator Reporting of Mental Health 
4Clear and Present Danger Determinations Law.
5 "Stun gun or taser" has the meaning ascribed to it in 
6Section 24-1 of the Criminal Code of 2012.
7(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21; 
8102-813, eff. 5-13-22; 102-890, eff. 5-19-22; 102-972, eff. 
91-1-23; 102-1030, eff. 5-27-22; revised 12-14-22.)




10 (430 ILCS 65/2) (from Ch. 38, par. 83-2)


11 Sec. 2. Firearm Owner's Identification Card required; 
12exceptions. 

13 (a) (1) No person may acquire or possess any firearm, 
14prepackaged explosive components, stun gun, or taser within 
15this State
without having in his or her possession a Firearm 
16Owner's Identification Card
previously issued in his or her 
17name by the Illinois State Police under
the provisions of this 
18Act.

19 (2) No person may acquire or possess firearm ammunition 
20within this
State without having in his or her possession a 
21Firearm Owner's Identification
Card previously issued in his 
22or her name by the Illinois State Police
under the provisions 
23of this Act.

24 (b) The provisions of this Section regarding the 
25possession of firearms, firearm ammunition, stun guns, and 
 
 
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1tasers do not apply to:

2  (1) United States Marshals, while engaged in the 
3 operation of their
official duties;

4  (2) Members of the Armed Forces of the United States 
5 or the National
Guard, while engaged in the operation of 
6 their official duties;

7  (3) Federal officials required to carry firearms, 
8 while engaged in the
operation of their official duties;

9  (4) Members of bona fide veterans organizations which 
10 receive firearms
directly from the armed forces of the 
11 United States, while using the
firearms for ceremonial 
12 purposes with blank ammunition;

13  (5) Nonresident hunters during hunting season, with 
14 valid nonresident
hunting licenses and while in an area 
15 where hunting is permitted; however,
at all other times 
16 and in all other places these persons must have their

17 firearms unloaded and enclosed in a case;

18  (6) Those hunters exempt from obtaining a hunting 
19 license who are
required to submit their Firearm Owner's 
20 Identification Card when hunting
on Department of Natural 
21 Resources owned or managed sites;

22  (7) Nonresidents while on a firing or shooting range 
23 recognized by the
Illinois State Police; however, these 
24 persons must at all other times
and in all other places 
25 have their firearms unloaded and enclosed in a case;


26  (8) Nonresidents while at a firearm showing or display 
 
 
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1 recognized by
the Illinois State Police; however, at all 
2 other times and in all
other places these persons must 
3 have their firearms unloaded and enclosed
in a case;

4  (9) Nonresidents whose firearms are unloaded and 
5 enclosed in a case;

6  (10) Nonresidents who are currently licensed or 
7 registered to possess a
firearm in their resident state;

8  (11) Unemancipated minors while in the custody and 
9 immediate control of
their parent or legal guardian or 
10 other person in loco parentis to the
minor if the parent or 
11 legal guardian or other person in loco parentis to
the 
12 minor has a currently valid Firearm Owner's Identification

13 Card;

14  (12) Color guards of bona fide veterans organizations 
15 or members of bona
fide American Legion bands while using 
16 firearms for ceremonial purposes
with blank ammunition;

17  (13) Nonresident hunters whose state of residence does 
18 not require
them to be licensed or registered to possess a 
19 firearm and only during
hunting season, with valid hunting 
20 licenses, while accompanied by, and
using a firearm owned 
21 by, a person who possesses a valid Firearm Owner's

22 Identification Card and while in an area within a 
23 commercial club licensed
under the Wildlife Code where 
24 hunting is permitted and controlled, but in
no instance 
25 upon sites owned or managed by the Department of Natural

26 Resources;

 
 
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1  (14) Resident hunters who are properly authorized to 
2 hunt and,
while accompanied by a person who possesses a 
3 valid Firearm Owner's
Identification Card, hunt in an area 
4 within a commercial club licensed
under the Wildlife Code 
5 where hunting is permitted and controlled; and 

6  (15) A person who is otherwise eligible to obtain a 
7 Firearm Owner's
Identification Card under this Act and is 
8 under the direct supervision of a
holder of a Firearm

9 Owner's Identification Card who is 21 years of age or 
10 older while the person is
on a firing or shooting range
or 
11 is a
participant in a firearms safety and training course 
12 recognized by a law
enforcement agency or a national, 
13 statewide shooting sports organization. 
14 (c) The provisions of this Section regarding the 
15acquisition and possession
of firearms, firearm ammunition, 
16prepackaged explosive components, stun guns, and tasers do not 
17apply to law enforcement officials
of this or any other 
18jurisdiction, while engaged in the performance operation of 
19their
official duties.

20 (c-5) The provisions of paragraphs (1) and (2) of 
21subsection (a) of this Section regarding the possession of 
22firearms
and firearm ammunition do not apply to the holder of a 
23valid concealed carry
license issued under the Firearm 
24Concealed Carry Act who is in physical
possession of the 
25concealed carry license. 
26 (c-10) The provisions of paragraph (1) of subsection (a) 
 
 
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1of this Section regarding the acquisition and possession of 
2prepackaged explosive components do not apply to:
3  (1) Members of the Armed Services or Reserves Forces 
4 of the United States or the Illinois National Guard while 
5 in the performance of their official duty. 
6  (2) Persons licensed under State and federal law to 
7 manufacture, import, or sell prepackaged explosive 
8 components, and actually engaged in that business, but 
9 only with respect to activities which are within the 
10 lawful scope of the business, including the manufacture, 
11 transportation, or testing of prepackaged explosive 
12 components. 
13  (3) Contractors or subcontractors engaged in the 
14 manufacture, transport, testing, delivery, transfer or 
15 sale, and lawful experimental activities under a contract 
16 or subcontract for the development and supply of the 
17 product to the United States government or any branch of 
18 the Armed Forces of the United States, when those 
19 activities are necessary and incident to fulfilling the 
20 terms of the contract. The exemption granted under this 
21 paragraph (3) shall also apply to any authorized agent of 
22 any contractor or subcontractor described in this 
23 paragraph (3) who is operating within the scope of his or 
24 her employment, when the activities involving the 
25 prepackaged explosive components are necessary and 
26 incident to fulfilling the terms of the contract. 
 
 
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1  (4) Sales clerks or retail merchants selling or 
2 transferring prepackaged explosive components. 
3 (d) Any person who becomes a resident of this State, who is 
4not otherwise prohibited from obtaining, possessing, or using 
5a firearm or firearm ammunition, shall not be required to have 
6a Firearm Owner's Identification Card to possess firearms or 
7firearms ammunition until 60 calendar days after he or she 
8obtains an Illinois driver's license or Illinois 
9Identification Card. 
10(Source: P.A. 102-538, eff. 8-20-21; 102-1116, eff. 1-10-23.)


11 (430 ILCS 65/3) (from Ch. 38, par. 83-3)
12 (Text of Section before amendment by P.A. 102-237)
13 Sec. 3. (a) Except as provided in Section 3a, no person may 
14knowingly
transfer, or cause to be transferred, any firearm, 
15firearm ammunition, prepackaged explosive components, stun 
16gun, or taser to any person within this State unless the

17transferee with whom he deals displays either: (1) a currently 
18valid Firearm Owner's
Identification Card which has previously 
19been issued in his or her name by the
Illinois State Police 
20under the provisions of this Act; or (2) a currently valid 
21license to carry a concealed firearm which has previously been 
22issued in his or her name by the
Illinois State Police under 
23the Firearm Concealed Carry Act. In addition,
all firearm, 
24stun gun, and taser transfers by federally licensed firearm 
25dealers are subject
to Section 3.1.
 
 
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1 (a-5) Any person who is not a federally licensed firearm 
2dealer and who desires to transfer or sell a firearm while that 
3person is on the grounds of a gun show must, before selling or 
4transferring the firearm, request the Illinois State Police to 
5conduct a background check on the prospective recipient of the 
6firearm in accordance with Section 3.1.

7 (a-10) Notwithstanding item (2) of subsection (a) of this 
8Section, any person who is not a federally licensed firearm 
9dealer and who desires to transfer or sell a firearm or 
10firearms to any person who is not a federally licensed firearm 
11dealer shall, before selling or transferring the firearms, 
12contact a federal firearm license dealer under paragraph (1) 
13of subsection (a-15) of this Section to conduct the transfer 
14or the Illinois State Police with the transferee's or 
15purchaser's Firearm Owner's Identification Card number to 
16determine the validity of the transferee's or purchaser's 
17Firearm Owner's Identification Card under State and federal 
18law including the National Instant Criminal Background Check 
19System. This subsection shall not be effective until July 1, 
202023. Until that date the transferor shall contact the 
21Illinois State Police with the transferee's or purchaser's 
22Firearm Owner's Identification Card number to determine the 
23validity of the card. The Illinois State Police may adopt 
24rules concerning the implementation of this subsection. The 
25Illinois State Police shall provide the seller or transferor 
26an approval number if the purchaser's Firearm Owner's 
 
 
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1Identification Card is valid. Approvals issued by the Illinois 
2State Police for the purchase of a firearm pursuant to this 
3subsection are valid for 30 days from the date of issue.
4 (a-15) The provisions of subsection (a-10) of this Section 
5do not apply to:
6  (1) transfers that occur at the place of business of a 
7 federally licensed firearm dealer, if the federally 
8 licensed firearm dealer conducts a background check on the 
9 prospective recipient of the firearm in accordance with 
10 Section 3.1 of this Act and follows all other applicable 
11 federal, State, and local laws as if he or she were the 
12 seller or transferor of the firearm, although the dealer 
13 is not required to accept the firearm into his or her 
14 inventory. The purchaser or transferee may be required by 
15 the federally licensed firearm dealer to pay a fee not to 
16 exceed $25 per firearm, which the dealer may retain as 
17 compensation for performing the functions required under 
18 this paragraph, plus the applicable fees authorized by 
19 Section 3.1;
20  (2) transfers as a bona fide gift to the transferor's 
21 husband, wife, son, daughter, stepson, stepdaughter, 
22 father, mother, stepfather, stepmother, brother, sister, 
23 nephew, niece, uncle, aunt, grandfather, grandmother, 
24 grandson, granddaughter, father-in-law, mother-in-law, 
25 son-in-law, or daughter-in-law;
26  (3) transfers by persons acting pursuant to operation 
 
 
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1 of law or a court order;
2  (4) transfers on the grounds of a gun show under 
3 subsection (a-5) of this Section;
4  (5) the delivery of a firearm by its owner to a 
5 gunsmith for service or repair, the return of the firearm 
6 to its owner by the gunsmith, or the delivery of a firearm 
7 by a gunsmith to a federally licensed firearms dealer for 
8 service or repair and the return of the firearm to the 
9 gunsmith;
10  (6) temporary transfers that occur while in the home 
11 of the unlicensed transferee, if the unlicensed transferee 
12 is not otherwise prohibited from possessing firearms and 
13 the unlicensed transferee reasonably believes that 
14 possession of the firearm is necessary to prevent imminent 
15 death or great bodily harm to the unlicensed transferee;
16  (7) transfers to a law enforcement or corrections 
17 agency or a law enforcement or corrections officer acting 
18 within the course and scope of his or her official duties;
19  (8) transfers of firearms that have been rendered 
20 permanently inoperable to a nonprofit historical society, 
21 museum, or institutional collection; and
22  (9) transfers to a person who is exempt from the 
23 requirement of possessing a Firearm Owner's Identification 
24 Card under Section 2 of this Act.
25 (a-20) The Illinois State Police shall develop an 
26Internet-based system for individuals to determine the 
 
 
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1validity of a Firearm Owner's Identification Card prior to the 
2sale or transfer of a firearm. The Illinois State Police shall 
3have the Internet-based system updated and available for use 
4by January 1, 2024. The Illinois State Police shall adopt 
5rules not inconsistent with this Section to implement this 
6system, but no rule shall allow the Illinois State Police to 
7retain records in contravention of State and federal law.
8 (a-25) On or before January 1, 2022, the Illinois State 
9Police shall develop an Internet-based system upon which the 
10serial numbers of firearms that have been reported stolen are 
11available for public access for individuals to ensure any 
12firearms are not reported stolen prior to the sale or transfer 
13of a firearm under this Section. The Illinois State Police 
14shall have the Internet-based system completed and available 
15for use by July 1, 2022. The Illinois State Police shall adopt 
16rules not inconsistent with this Section to implement this 
17system. 
18 (b) Any person within this State who transfers or causes 
19to be
transferred any firearm, prepackaged explosive 
20components, stun gun, or taser shall keep a record of the such 
21transfer for a period
of 10 years from the date of transfer. 
22Any person within this State who receives any firearm, 
23prepackaged explosive components, stun gun, or taser pursuant 
24to subsection (a-10) shall provide a record of the transfer 
25within 10 days of the transfer to a federally licensed firearm 
26dealer and shall not be required to maintain a transfer 
 
 
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1record. The federally licensed firearm dealer shall maintain 
2the transfer record for 20 years from the date of receipt. A 
3federally licensed firearm dealer may charge a fee not to 
4exceed $25 to retain the record. The record shall be provided 
5and maintained in either an electronic or paper format. The 
6federally licensed firearm dealer shall not be liable for the 
7accuracy of any information in the transfer record submitted 
8pursuant to this Section. Such records shall contain the date

9of the transfer; the description, serial number or other 
10information
identifying the firearm, prepackaged explosive 
11components, stun gun, or taser if no serial number is 
12available; and, if the
transfer was completed within this 
13State, the transferee's Firearm Owner's
Identification Card 
14number and any approval number or documentation provided by 
15the Illinois State Police under pursuant to subsection (a-10) 
16of this Section; if the transfer was not completed within this 
17State, the record shall contain the name and address of the 
18transferee. On or after January 1, 2006, the record shall 
19contain the date of application for transfer of the firearm. 
20On demand of a peace officer the such transferor
shall produce 
21for inspection such record of transfer. For any transfer 
22pursuant to subsection (a-10) of this Section, on the demand 
23of a peace officer, the such transferee shall identify the 
24federally licensed firearm dealer maintaining the transfer 
25record. If the transfer or sale took place at a gun show, the 
26record shall include the unique identification number. Failure 
 
 
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1to record the unique identification number or approval number 
2is a petty offense.
For transfers of a firearm, prepackaged 
3explosive components, stun gun, or taser made on or after 
4January 18, 2019 (the effective date of Public Act 100-1178), 
5failure by the private seller to maintain the transfer records 
6in accordance with this Section, or failure by a transferee 
7pursuant to subsection a-10 of this Section to identify the 
8federally licensed firearm dealer maintaining the transfer 
9record, is a Class A misdemeanor for the first offense and a 
10Class 4 felony for a second or subsequent offense occurring 
11within 10 years of the first offense and the second offense was 
12committed after conviction of the first offense. Whenever any 
13person who has not previously been convicted of any violation 
14of subsection (a-5), the court may grant supervision pursuant 
15to and consistent with the limitations of Section 5-6-1 of the 
16Unified Code of Corrections. A transferee or transferor shall 
17not be criminally liable under this Section provided that he 
18or she provides the Illinois State Police with the transfer 
19records in accordance with procedures established by the 
20Illinois State Police. The Illinois State Police shall 
21establish, by rule, a standard form on its website. 
22 (b-5) Any resident may purchase ammunition from a person 
23within or outside of Illinois if shipment is by United States 
24mail or by a private express carrier authorized by federal law 
25to ship ammunition. Any resident purchasing ammunition within 
26or outside the State of Illinois must provide the seller with a 
 
 
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1copy of his or her valid Firearm Owner's Identification Card 
2or valid concealed carry license and either his or her 
3Illinois driver's license or Illinois State Identification 
4Card prior to the shipment of the ammunition. The ammunition 
5may be shipped only to an address on either of those 2 
6documents.
7 (c) The provisions of this Section regarding the transfer 
8of firearm
ammunition shall not apply to those persons 
9specified in paragraph (b) of
Section 2 of this Act.
10(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 
11102-1116, eff. 1-10-23.)

12 (Text of Section after amendment by P.A. 102-237)
13 Sec. 3. (a) Except as provided in Section 3a, no person may 
14knowingly
transfer, or cause to be transferred, any firearm, 
15firearm ammunition, prepackaged explosive components, stun 
16gun, or taser to any person within this State unless the

17transferee with whom he deals displays either: (1) a currently 
18valid Firearm Owner's
Identification Card which has previously 
19been issued in his or her name by the
Illinois State Police 
20under the provisions of this Act; or (2) a currently valid 
21license to carry a concealed firearm which has previously been 
22issued in his or her name by the
Illinois State Police under 
23the Firearm Concealed Carry Act. In addition,
all firearm, 
24stun gun, and taser transfers by federally licensed firearm 
25dealers are subject
to Section 3.1.
 
 
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1 (a-5) Any person who is not a federally licensed firearm 
2dealer and who desires to transfer or sell a firearm while that 
3person is on the grounds of a gun show must, before selling or 
4transferring the firearm, request the Illinois State Police to 
5conduct a background check on the prospective recipient of the 
6firearm in accordance with Section 3.1.

7 (a-10) Notwithstanding item (2) of subsection (a) of this 
8Section, any person who is not a federally licensed firearm 
9dealer and who desires to transfer or sell a firearm or 
10firearms to any person who is not a federally licensed firearm 
11dealer shall, before selling or transferring the firearms, 
12contact a federal firearm license dealer under paragraph (1) 
13of subsection (a-15) of this Section to conduct the transfer 
14or the Illinois State Police with the transferee's or 
15purchaser's Firearm Owner's Identification Card number to 
16determine the validity of the transferee's or purchaser's 
17Firearm Owner's Identification Card under State and federal 
18law, including the National Instant Criminal Background Check 
19System. This subsection shall not be effective until July 1, 
202023. Until that date the transferor shall contact the 
21Illinois State Police with the transferee's or purchaser's 
22Firearm Owner's Identification Card number to determine the 
23validity of the card. The Illinois State Police may adopt 
24rules concerning the implementation of this subsection. The 
25Illinois State Police shall provide the seller or transferor 
26an approval number if the purchaser's Firearm Owner's 
 
 
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1Identification Card is valid. Approvals issued by the Illinois 
2State Police for the purchase of a firearm pursuant to this 
3subsection are valid for 30 days from the date of issue.
4 (a-15) The provisions of subsection (a-10) of this Section 
5do not apply to:
6  (1) transfers that occur at the place of business of a 
7 federally licensed firearm dealer, if the federally 
8 licensed firearm dealer conducts a background check on the 
9 prospective recipient of the firearm in accordance with 
10 Section 3.1 of this Act and follows all other applicable 
11 federal, State, and local laws as if he or she were the 
12 seller or transferor of the firearm, although the dealer 
13 is not required to accept the firearm into his or her 
14 inventory. The purchaser or transferee may be required by 
15 the federally licensed firearm dealer to pay a fee not to 
16 exceed $25 per firearm, which the dealer may retain as 
17 compensation for performing the functions required under 
18 this paragraph, plus the applicable fees authorized by 
19 Section 3.1;
20  (2) transfers as a bona fide gift to the transferor's 
21 husband, wife, son, daughter, stepson, stepdaughter, 
22 father, mother, stepfather, stepmother, brother, sister, 
23 nephew, niece, uncle, aunt, grandfather, grandmother, 
24 grandson, granddaughter, father-in-law, mother-in-law, 
25 son-in-law, or daughter-in-law;
26  (3) transfers by persons acting pursuant to operation 
 
 
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1 of law or a court order;
2  (4) transfers on the grounds of a gun show under 
3 subsection (a-5) of this Section;
4  (5) the delivery of a firearm by its owner to a 
5 gunsmith for service or repair, the return of the firearm 
6 to its owner by the gunsmith, or the delivery of a firearm 
7 by a gunsmith to a federally licensed firearms dealer for 
8 service or repair and the return of the firearm to the 
9 gunsmith;
10  (6) temporary transfers that occur while in the home 
11 of the unlicensed transferee, if the unlicensed transferee 
12 is not otherwise prohibited from possessing firearms and 
13 the unlicensed transferee reasonably believes that 
14 possession of the firearm is necessary to prevent imminent 
15 death or great bodily harm to the unlicensed transferee;
16  (7) transfers to a law enforcement or corrections 
17 agency or a law enforcement or corrections officer acting 
18 within the course and scope of his or her official duties;
19  (8) transfers of firearms that have been rendered 
20 permanently inoperable to a nonprofit historical society, 
21 museum, or institutional collection; and
22  (9) transfers to a person who is exempt from the 
23 requirement of possessing a Firearm Owner's Identification 
24 Card under Section 2 of this Act.
25 (a-20) The Illinois State Police shall develop an 
26Internet-based system for individuals to determine the 
 
 
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1validity of a Firearm Owner's Identification Card prior to the 
2sale or transfer of a firearm. The Illinois State Police shall 
3have the Internet-based system updated and available for use 
4by January 1, 2024. The Illinois State Police shall adopt 
5rules not inconsistent with this Section to implement this 
6system; but no rule shall allow the Illinois State Police to 
7retain records in contravention of State and federal law.
8 (a-25) On or before January 1, 2022, the Illinois State 
9Police shall develop an Internet-based system upon which the 
10serial numbers of firearms that have been reported stolen are 
11available for public access for individuals to ensure any 
12firearms are not reported stolen prior to the sale or transfer 
13of a firearm under this Section. The Illinois State Police 
14shall have the Internet-based system completed and available 
15for use by July 1, 2022. The Illinois State Police shall adopt 
16rules not inconsistent with this Section to implement this 
17system. 
18 (b) Any person within this State who transfers or causes 
19to be
transferred any firearm, prepackaged explosive 
20components, stun gun, or taser shall keep a record of such 
21transfer for a period
of 10 years from the date of transfer. 
22Any person within this State who receives any firearm, 
23prepackaged explosive components, stun gun, or taser pursuant 
24to subsection (a-10) shall provide a record of the transfer 
25within 10 days of the transfer to a federally licensed firearm 
26dealer and shall not be required to maintain a transfer 
 
 
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1record. The federally licensed firearm dealer shall maintain 
2the transfer record for 20 years from the date of receipt. A 
3federally licensed firearm dealer may charge a fee not to 
4exceed $25 to retain the record. The record shall be provided 
5and maintained in either an electronic or paper format. The 
6federally licensed firearm dealer shall not be liable for the 
7accuracy of any information in the transfer record submitted 
8pursuant to this Section. Such records shall contain the date

9of the transfer; the description, serial number or other 
10information
identifying the firearm, prepackaged explosive 
11components, stun gun, or taser if no serial number is 
12available; and, if the
transfer was completed within this 
13State, the transferee's Firearm Owner's
Identification Card 
14number and any approval number or documentation provided by 
15the Illinois State Police pursuant to subsection (a-10) of 
16this Section; if the transfer was not completed within this 
17State, the record shall contain the name and address of the 
18transferee. On or after January 1, 2006, the record shall 
19contain the date of application for transfer of the firearm. 
20On demand of a peace officer the such transferor shall produce 
21for inspection the such record of transfer. For any transfer 
22pursuant to subsection (a-10) of this Section, on the demand 
23of a peace officer, the such transferee shall identify the 
24federally licensed firearm dealer maintaining the transfer 
25record. If the transfer or sale took place at a gun show, the 
26record shall include the unique identification number. Failure 
 
 
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1to record the unique identification number or approval number 
2is a petty offense.
For transfers of a firearm, stun gun, or 
3taser made on or after January 18, 2019 (the effective date of 
4Public Act 100-1178), failure by the private seller to 
5maintain the transfer records in accordance with this Section, 
6or failure by a transferee pursuant to subsection a-10 of this 
7Section to identify the federally licensed firearm dealer 
8maintaining the transfer record, is a Class A misdemeanor for 
9the first offense and a Class 4 felony for a second or 
10subsequent offense occurring within 10 years of the first 
11offense and the second offense was committed after conviction 
12of the first offense. Whenever any person who has not 
13previously been convicted of any violation of subsection 
14(a-5), the court may grant supervision pursuant to and 
15consistent with the limitations of Section 5-6-1 of the 
16Unified Code of Corrections. A transferee or transferor shall 
17not be criminally liable under this Section provided that he 
18or she provides the Illinois State Police with the transfer 
19records in accordance with procedures established by the 
20Illinois State Police. The Illinois State Police shall 
21establish, by rule, a standard form on its website. 
22 (b-5) Any resident may purchase ammunition from a person 
23within or outside of Illinois if shipment is by United States 
24mail or by a private express carrier authorized by federal law 
25to ship ammunition. Any resident purchasing ammunition within 
26or outside the State of Illinois must provide the seller with a 
 
 
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1copy of his or her valid Firearm Owner's Identification Card 
2or valid concealed carry license and either his or her 
3Illinois driver's license or Illinois State Identification 
4Card prior to the shipment of the ammunition. The ammunition 
5may be shipped only to an address on either of those 2 
6documents.
7 (c) The provisions of this Section regarding the transfer 
8of firearm
ammunition shall not apply to those persons 
9specified in paragraph (b) of
Section 2 of this Act.
10(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21; 
11102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)

12 Section 20. The Firearms Restraining Order Act is amended 
13by changing Section 5 as follows:

14 (430 ILCS 67/5)
15 Sec. 5. Definitions.
As used in this Act:
16 "Family member of the respondent" means a spouse, former 
17spouse, person with whom the respondent has a minor child in 
18common, parent, child, or step-child of the respondent, any 
19other person related by blood or present marriage to the 
20respondent, or a person who shares a common dwelling with the 
21respondent.
22 "Firearms restraining order" means an order issued by the 
23court, prohibiting and enjoining a named person from having in 
24his or her custody or control, purchasing, possessing, or 
 
 
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1receiving any firearms or ammunition, or removing firearm 
2parts that could be assembled to make an operable firearm.

3 "Intimate partner" means a spouse, former spouse, a person 
4with whom the respondent has or allegedly has a child in 
5common, or a person with whom the respondent has or has had a 
6dating or engagement relationship.
7 "Petitioner" means:
8  (1) a family member of the respondent as defined in 
9 this Act; or

10  (2) a law enforcement officer
who files a petition 
11 alleging that the respondent poses a danger of causing 
12 personal injury to himself, herself, or another by having 
13 in his or her custody or control, purchasing, possessing, 
14 or receiving a firearm, ammunition, or firearm parts that 
15 could be assembled to make an operable firearm or removing 
16 firearm parts that could be assembled to make an operable 
17 firearm; or
18  (3) intimate partner.
19 "Respondent" means the person alleged in the petition to 
20pose a danger of causing personal injury to himself, herself, 
21or another by having in his or her custody or control, 
22purchasing, possessing, or receiving a firearm, ammunition, or 
23firearm parts that could be assembled to make an operable 
24firearm or removing firearm parts that could be assembled to 
25make an operable firearm.

26(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)

 
 
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1 Section 25. The Criminal Code of 2012 is amended by adding 
2Section 24-4.3 as follows:

3 (720 ILCS 5/24-4.3 new)
4 Sec. 24-4.3. Unlawful sale or delivery of prepackaged 
5explosive components.
6 (a) A person commits unlawful sale or delivery of 
7prepackaged explosive components when he or she knowingly does 
8any of the following: 
9  (1) Sells or gives prepackaged explosive components to 
10 a person who is disqualified under the Firearm Owners 
11 Identification Card Act.
12   (A) the person's Firearm Owner's Identification 
13 Card
is revoked or subject to revocation under Section 
14 8 of the Firearm Owners Identification Card
Act; 
15   (B) the person's Firearm Owner's Identification 
16 Card is expired and not otherwise eligible for renewal 
17 under the Firearm Owners Identification Card
Act; or 
18   (C) the person does not possess a currently valid 
19 Firearm Owner's Identification Card, and the person is 
20 not otherwise eligible under the Firearm Owners 
21 Identification Card
Act. 
22  (2) Sells or transfers prepackaged explosive 
23 components to a person who does not display to the seller 
24 or transferor of the prepackaged explosive components a 
 
 
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1 currently valid Firearm Owner's Identification Card that 
2 has previously been issued in the transferee's name by the 
3 Department of State Police under the Firearm Owners 
4 Identification Card Act. This paragraph (2) does not apply 
5 to the transfer of prepackaged explosive components to a 
6 person who is exempt from the requirement of possessing a 
7 Firearm Owner's Identification Card under Section 2 of the 
8 Firearm Owners Identification Card Act. For the purposes 
9 of this Section, a currently valid Firearm Owner's 
10 Identification Card means a Firearm Owner's Identification 
11 Card that has not expired.
12  (3) Sells or gives prepackaged explosive components 
13 while engaged in the business of selling prepackaged 
14 explosive components at wholesale or retail without being 
15 licensed as a federal firearms dealer under Section 923 of 
16 the federal Gun Control Act of 1968 (18 U.S.C. 923). In 
17 this paragraph (3), a person "engaged in the business" 
18 means a person who devotes time, attention, and labor to 
19 engaging in the activity as a regular course of trade or 
20 business with the principal objective of livelihood and 
21 profit. 
22 (b) For the purposes of this Section, "prepackaged 
23explosive components" means a prepackaged product containing 2 
24or more unmixed, commercially manufactured chemical substances 
25that are not independently classified as explosives but which, 
26when mixed or combined, results in an explosive material 
 
 
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1subject to regulation by the federal Bureau of Alcohol, 
2Tobacco, Firearms, and Explosives under Title 27 CFR Part 555. 
3 (c) All sellers or transferors who have complied with the 
4requirements of this Section shall not be liable for damages 
5in any civil action arising from the use or misuse by the 
6transferee of the prepackaged explosive components 
7transferred, except for willful or wanton misconduct on the 
8part of the seller or transferor.
9 (d) Sentence. Any person who is convicted of unlawful sale 
10or delivery of prepackaged explosive components commits a 
11Class 4 felony. 

12 Section 30. The Code of Criminal Procedure of 1963 is 
13amended by changing Section 112A-14 as follows:



14 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)


15 Sec. 112A-14. Domestic violence order of protection; 
16remedies. 

17 (a) (Blank).

18 (b) The court may order any of the remedies listed in this 
19subsection (b).
The remedies listed in this subsection (b) 
20shall be in addition to other civil
or criminal remedies 
21available to petitioner.

22  (1) Prohibition of abuse. Prohibit respondent's 
23 harassment,
interference with personal liberty, 
24 intimidation of a dependent, physical
abuse, or willful 
 
 
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1 deprivation, as defined in this Article, if such abuse has

2 occurred or otherwise appears likely to occur if not 
3 prohibited.

4  (2) Grant of exclusive possession of residence. 
5 Prohibit respondent
from entering or remaining in any 
6 residence, household, or premises of the petitioner,

7 including one owned or leased by respondent, if petitioner 
8 has a right
to occupancy thereof. The grant of exclusive 
9 possession of the residence, household, or premises
shall 
10 not affect title to real property, nor shall the court be 
11 limited by
the standard set forth in subsection (c-2) of 
12 Section 501 of the Illinois Marriage and
Dissolution of 
13 Marriage Act.

14   (A) Right to occupancy. A party has a right to 
15 occupancy of a
residence or household if it is
solely 
16 or jointly owned or leased by that party, that party's 
17 spouse, a
person with a legal duty to support that 
18 party or a minor child in that
party's care, or by any 
19 person or entity other than the opposing party that

20 authorizes that party's occupancy (e.g., a domestic 
21 violence shelter).
Standards set forth in subparagraph 
22 (B) shall not preclude equitable relief.

23   (B) Presumption of hardships. If petitioner and 
24 respondent
each has the right to occupancy of a 
25 residence or household, the court
shall balance (i) 
26 the hardships to respondent and any minor child or

 
 
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1 dependent adult in respondent's care resulting from 
2 entry of this remedy with (ii)
the hardships to 
3 petitioner and any minor child or dependent adult in

4 petitioner's care resulting from continued exposure to 
5 the risk of abuse (should
petitioner remain at the 
6 residence or household) or from loss of possession
of 
7 the residence or household (should petitioner leave to 
8 avoid the risk
of abuse). When determining the balance 
9 of hardships, the court shall also
take into account 
10 the accessibility of the residence or household.

11 Hardships need not be balanced if respondent does not 
12 have a right to occupancy.

13   The balance of hardships is presumed to favor 
14 possession by
petitioner unless the presumption is 
15 rebutted by a preponderance of the
evidence, showing 
16 that the hardships to respondent substantially 
17 outweigh
the hardships to petitioner and any minor 
18 child or dependent adult in petitioner's
care. The 
19 court, on the request of petitioner or on its own 
20 motion,
may order respondent to provide suitable, 
21 accessible, alternate housing
for petitioner instead 
22 of
excluding respondent from a mutual residence or 
23 household.

24  (3) Stay away order and additional prohibitions.
Order 
25 respondent to stay away from petitioner or any other 
26 person
protected by the domestic violence order of 
 
 
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1 protection, or prohibit respondent from entering
or 
2 remaining present at petitioner's school, place of 
3 employment, or other
specified places at times when 
4 petitioner is present, or both, if
reasonable, given
the 
5 balance of hardships. Hardships need not be balanced for 
6 the court
to enter a stay away order or prohibit entry
if 
7 respondent has no right to enter the premises.

8   (A) If a domestic violence order of protection 
9 grants petitioner exclusive possession
of the 
10 residence, prohibits respondent from entering the 
11 residence,
or orders respondent to stay away from 
12 petitioner or other
protected persons, then the court 
13 may allow respondent access to the
residence to remove 
14 items of clothing and personal adornment
used 
15 exclusively by respondent, medications, and other 
16 items as the court directs.
The right to access shall 
17 be exercised on only one occasion as the court directs

18 and in the presence of an agreed-upon adult third 
19 party or law enforcement officer.

20   (B) When the petitioner and the respondent attend 
21 the same public, private, or non-public elementary, 
22 middle, or high school, the court when issuing a 
23 domestic violence order of protection and providing 
24 relief shall consider the severity of the act, any 
25 continuing physical danger or emotional distress to 
26 the petitioner, the educational rights guaranteed to 
 
 
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1 the petitioner and respondent under federal and State 
2 law, the availability of a transfer of the respondent 
3 to another school, a change of placement or a change of 
4 program of the respondent, the expense, difficulty, 
5 and educational disruption that would be caused by a 
6 transfer of the respondent to another school, and any 
7 other relevant facts of the case. The court may order 
8 that the respondent not attend the public, private, or 
9 non-public elementary, middle, or high school attended 
10 by the petitioner, order that the respondent accept a 
11 change of placement or change of program, as 
12 determined by the school district or private or 
13 non-public school, or place restrictions on the 
14 respondent's movements within the school attended by 
15 the petitioner. The respondent bears the burden of 
16 proving by a preponderance of the evidence that a 
17 transfer, change of placement, or change of program of 
18 the respondent is not available. The respondent also 
19 bears the burden of production with respect to the 
20 expense, difficulty, and educational disruption that 
21 would be caused by a transfer of the respondent to 
22 another school. A transfer, change of placement, or 
23 change of program is not unavailable to the respondent 
24 solely on the ground that the respondent does not 
25 agree with the school district's or private or 
26 non-public school's transfer, change of placement, or 
 
 
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1 change of program or solely on the ground that the 
2 respondent fails or refuses to consent or otherwise 
3 does not take an action required to effectuate a 
4 transfer, change of placement, or change of program. 
5 When a court orders a respondent to stay away from the 
6 public, private, or non-public school attended by the 
7 petitioner and the respondent requests a transfer to 
8 another attendance center within the respondent's 
9 school district or private or non-public school, the 
10 school district or private or non-public school shall 
11 have sole discretion to determine the attendance 
12 center to which the respondent is transferred. If the 
13 court order results in a transfer of the minor 
14 respondent to another attendance center, a change in 
15 the respondent's placement, or a change of the 
16 respondent's program, the parents, guardian, or legal 
17 custodian of the respondent is responsible for 
18 transportation and other costs associated with the 
19 transfer or change.
20   (C) The court may order the parents, guardian, or 
21 legal custodian of a minor respondent to take certain 
22 actions or to refrain from taking certain actions to 
23 ensure that the respondent complies with the order. If 
24 the court orders a transfer of the respondent to 
25 another school, the parents, guardian, or legal 
26 custodian of the respondent is responsible for 
 
 
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1 transportation and other costs associated with the 
2 change of school by the respondent. 
3  (4) Counseling. Require or recommend the respondent to 
4 undergo
counseling for a specified duration with a social 
5 worker, psychologist,
clinical psychologist, 
6 psychiatrist, family service agency, alcohol or
substance 
7 abuse program, mental health center guidance counselor, 
8 agency
providing services to elders, program designed for 
9 domestic violence
abusers, or any other guidance service 
10 the court deems appropriate. The court may order the 
11 respondent in any intimate partner relationship to report 
12 to an Illinois Department of Human Services protocol 
13 approved partner abuse intervention program for an 
14 assessment and to follow all recommended treatment. 

15  (5) Physical care and possession of the minor child. 
16 In order to protect
the minor child from abuse, neglect, 
17 or unwarranted separation from the person
who has been the 
18 minor child's primary caretaker, or to otherwise protect 
19 the
well-being of the minor child, the court may do either 
20 or both of the following:
(i) grant petitioner physical 
21 care or possession of the minor child, or both, or
(ii) 
22 order respondent to return a minor child to, or not remove 
23 a minor child
from, the physical care of a parent or person 
24 in loco parentis.

25  If the respondent is charged with abuse
(as defined in 
26 Section 112A-3 of this Code) of a minor child, there shall 
 
 
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1 be a
rebuttable presumption that awarding physical care to 
2 respondent would not
be in the minor child's best 
3 interest.

4  (6) Temporary allocation of parental responsibilities 
5 and significant decision-making responsibilities.
Award 
6 temporary significant decision-making responsibility to 
7 petitioner in accordance with this Section,
the Illinois 
8 Marriage
and Dissolution of Marriage Act, the Illinois 
9 Parentage Act of 2015,
and this State's Uniform 
10 Child-Custody
Jurisdiction and Enforcement Act. 

11  If the respondent
is charged with abuse (as defined in 
12 Section 112A-3 of this Code) of a
minor child, there shall 
13 be a rebuttable presumption that awarding
temporary 
14 significant decision-making responsibility to respondent 
15 would not be in the
child's best interest.

16  (7) Parenting time. Determine the parenting time, if 
17 any, of respondent in any case in which the court
awards 
18 physical care or temporary significant decision-making 
19 responsibility of a minor child to
petitioner. The court 
20 shall restrict or deny respondent's parenting time with
a 
21 minor child if
the court finds that respondent has done or 
22 is likely to do any of the
following:
23   (i) abuse or endanger the minor child during 
24 parenting time;
25   (ii) use the parenting time
as an opportunity to 
26 abuse or harass petitioner or
petitioner's family or 
 
 
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1 household members;
2   (iii) improperly conceal or
detain the minor 
3 child; or
4   (iv) otherwise act in a manner that is not in
the 
5 best interests of the minor child. 
6  The court shall not be limited by the
standards set 
7 forth in Section 603.10 of the Illinois Marriage and

8 Dissolution of Marriage Act. If the court grants parenting 
9 time, the order
shall specify dates and times for the 
10 parenting time to take place or other
specific parameters 
11 or conditions that are appropriate. No order for parenting 
12 time
shall refer merely to the term "reasonable parenting 
13 time". Petitioner may deny respondent access to the minor 
14 child if, when
respondent arrives for parenting time, 
15 respondent is under the influence of drugs
or alcohol and 
16 constitutes a threat to the safety and well-being of

17 petitioner or petitioner's minor children or is behaving 
18 in a violent or abusive manner. If necessary to protect 
19 any member of petitioner's family or
household from future 
20 abuse, respondent shall be prohibited from coming to

21 petitioner's residence to meet the minor child for 
22 parenting time, and the petitioner and respondent
shall 
23 submit to the court their recommendations for reasonable

24 alternative arrangements for parenting time. A person may 
25 be approved to
supervise parenting time only after filing 
26 an affidavit accepting
that responsibility and 
 
 
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1 acknowledging accountability to the court.

2  (8) Removal or concealment of minor child.
Prohibit 
3 respondent from
removing a minor child from the State or 
4 concealing the child within the
State.

5  (9) Order to appear. Order the respondent to
appear in 
6 court, alone
or with a minor child, to prevent abuse, 
7 neglect, removal or concealment of
the child, to return 
8 the child to the custody or care of the petitioner, or
to 
9 permit any court-ordered interview or examination of the 
10 child or the
respondent.

11  (10) Possession of personal property. Grant petitioner 
12 exclusive
possession of personal property and, if 
13 respondent has possession or
control, direct respondent to 
14 promptly make it available to petitioner, if:

15   (i) petitioner, but not respondent, owns the 
16 property; or

17   (ii) the petitioner and respondent own the 
18 property jointly; sharing it would risk
abuse of 
19 petitioner by respondent or is impracticable; and the 
20 balance of
hardships favors temporary possession by 
21 petitioner.

22  If petitioner's sole claim to ownership of the 
23 property is that it is
marital property, the court may 
24 award petitioner temporary possession
thereof under the 
25 standards of subparagraph (ii) of this paragraph only if
a 
26 proper proceeding has been filed under the Illinois 
 
 
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1 Marriage and
Dissolution of Marriage Act, as now or 
2 hereafter amended.

3  No order under this provision shall affect title to 
4 property.

5  (11) Protection of property. Forbid the respondent 
6 from taking,
transferring, encumbering, concealing, 
7 damaging, or otherwise disposing of
any real or personal 
8 property, except as explicitly authorized by the
court, 
9 if:

10   (i) petitioner, but not respondent, owns the 
11 property; or

12   (ii) the petitioner and respondent own the 
13 property jointly,
and the balance of hardships favors 
14 granting this remedy.

15  If petitioner's sole claim to ownership of the 
16 property is that it is
marital property, the court may 
17 grant petitioner relief under subparagraph
(ii) of this 
18 paragraph only if a proper proceeding has been filed under 
19 the
Illinois Marriage and Dissolution of Marriage Act, as 
20 now or hereafter amended.

21  The court may further prohibit respondent from 
22 improperly using the
financial or other resources of an 
23 aged member of the family or household
for the profit or 
24 advantage of respondent or of any other person.

25  (11.5) Protection of animals. Grant the petitioner the 
26 exclusive care, custody, or control of any animal owned, 
 
 
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1 possessed, leased, kept, or held by either the petitioner 
2 or the respondent or a minor child residing in the 
3 residence or household of either the petitioner or the 
4 respondent and order the respondent to stay away from the 
5 animal and forbid the respondent from taking, 
6 transferring, encumbering, concealing, harming, or 
7 otherwise disposing of the animal.

8  (12) Order for payment of support. Order
respondent to 
9 pay temporary
support for the petitioner or any child in 
10 the petitioner's care or over whom the petitioner has been 
11 allocated parental responsibility, when the respondent has 
12 a legal obligation to support that person,
in accordance 
13 with the Illinois Marriage and Dissolution
of Marriage 
14 Act, which shall govern, among other matters, the amount 
15 of
support, payment through the clerk and withholding of 
16 income to secure
payment. An order for child support may 
17 be granted to a petitioner with
lawful physical care of a 
18 child, or an order or agreement for
physical care of a 
19 child, prior to entry of an order allocating significant 
20 decision-making responsibility.
Such a support order shall 
21 expire upon entry of a valid order allocating parental 
22 responsibility differently and vacating petitioner's 
23 significant decision-making responsibility unless 
24 otherwise provided in the order.

25  (13) Order for payment of losses. Order
respondent to 
26 pay petitioner
for losses suffered as a direct result of 
 
 
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1 the abuse. Such losses shall
include, but not be limited 
2 to, medical expenses, lost earnings or other
support, 
3 repair or replacement of property damaged or taken, 
4 reasonable
attorney's fees, court costs, and moving or 
5 other travel expenses, including
additional reasonable 
6 expenses for temporary shelter and restaurant meals.

7   (i) Losses affecting family needs. If a party is 
8 entitled to seek
maintenance, child support, or 
9 property distribution from the other party
under the 
10 Illinois Marriage and Dissolution of Marriage Act, as 
11 now or
hereafter amended, the court may order 
12 respondent to reimburse petitioner's
actual losses, to 
13 the extent that such reimbursement would be 
14 "appropriate
temporary relief", as authorized by 
15 subsection (a)(3) of
Section 501 of that Act.

16   (ii) Recovery of expenses. In the case of an 
17 improper concealment
or removal of a minor child, the 
18 court may order respondent to pay the reasonable

19 expenses incurred or to be incurred in the search for 
20 and recovery of the
minor child, including, but not 
21 limited to, legal fees, court costs, private

22 investigator fees, and travel costs.

23  (14) Prohibition of entry. Prohibit the respondent 
24 from entering or
remaining in the residence or household 
25 while the respondent is under the
influence of alcohol or 
26 drugs and constitutes a threat to the safety and

 
 
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1 well-being of the petitioner or the petitioner's children.

2  (14.5) Prohibition of firearm possession. 
3   (A) A person who is subject to an existing 
4 domestic violence order of protection issued under 
5 this Code may not lawfully possess weapons or a 
6 Firearm Owner's Identification Card under Section 8.2 
7 of the Firearm Owners Identification Card Act.
8   (B) Any firearms in the
possession of the 
9 respondent, except as provided in subparagraph (C) of 
10 this paragraph (14.5), shall be ordered by the court 
11 to be turned
over to a local law enforcement agency 
12 person with a valid Firearm Owner's Identification 
13 Card for safekeeping and the respondent shall be 
14 prohibited from acquiring or possessing any firearms 
15 for the duration of the order of protection. The court 
16 shall issue an order that the respondent comply with 
17 Section 9.5 of the Firearm Owners Identification Card 
18 Act.

19   (B-1) Immediately upon entry of an order of 
20 protection prohibiting firearm possession under this 
21 Section, the court shall issue a seizure order of any 
22 firearm in the possession of the respondent, to be 
23 kept by the local law enforcement agency for 
24 safekeeping, except as provided in subparagraph (C). A 
25 return of the seizure order shall be filed by the law 
26 enforcement agency within 48 hours thereafter, setting 
 
 
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1 forth the time, date, and location that the seizure 
2 order was executed and what items, if any, were 
3 seized. The petitioner's general description of the 
4 firearm or firearms and their location shall be 
5 sufficient to support issuing a seizure order. The 
6 period of safekeeping shall be for the duration of the 
7 order of protection.
8   (B-2) Notwithstanding the issuance of a seizure 
9 order under subsection (B-1), the respondent shall be 
10 ordered to immediately surrender any firearms to the 
11 appropriate law enforcement agency and prohibited from 
12 transferring firearms to another individual in lieu of 
13 surrender to law enforcement.
14   (B-3) The relevant law enforcement agency shall 
15 provide a statement of receipt of any firearm seized 
16 or surrendered with a description of any firearm 
17 seized or surrendered to the respondent and the court. 
18 This statement of receipt shall be prima facie 
19 evidence of compliance with an order to surrender 
20 firearms. 
21   (C) If the respondent is a peace officer as 
22 defined in Section 2-13 of
the
Criminal Code of 2012, 
23 the court shall order that any firearms used by the

24 respondent in the performance of his or her duties as a

25 peace officer be surrendered to
the chief law 
26 enforcement executive of the agency in which the 
 
 
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1 respondent is
employed, who shall retain the firearms 
2 for safekeeping for the duration of the domestic 
3 violence order of protection.

4   (D) Upon expiration of the period of safekeeping, 
5 if the firearms or Firearm Owner's Identification Card 
6 cannot be returned to respondent because respondent 
7 cannot be located, fails to respond to requests to 
8 retrieve the firearms, or is not lawfully eligible to 
9 possess a firearm, upon petition from the local law 
10 enforcement agency, the court may order the local law 
11 enforcement agency to destroy the firearms, use the 
12 firearms for training purposes, or for any other 
13 application as deemed appropriate by the local law 
14 enforcement agency; or that the firearms be turned 
15 over to a third party who is lawfully eligible to 
16 possess firearms, and who does not reside with 
17 respondent. 
18  (15) Prohibition of access to records. If a domestic 
19 violence order of protection
prohibits respondent from 
20 having contact with the minor child,
or if petitioner's 
21 address is omitted under subsection (b) of
Section 112A-5 
22 of this Code, or if necessary to prevent abuse or wrongful 
23 removal or
concealment of a minor child, the order shall 
24 deny respondent access to, and
prohibit respondent from 
25 inspecting, obtaining, or attempting to
inspect or obtain, 
26 school or any other records of the minor child
who is in 
 
 
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1 the care of petitioner.

2  (16) Order for payment of shelter services. Order 
3 respondent to
reimburse a shelter providing temporary 
4 housing and counseling services to
the petitioner for the 
5 cost of the services, as certified by the shelter
and 
6 deemed reasonable by the court.

7  (17) Order for injunctive relief. Enter injunctive 
8 relief necessary
or appropriate to prevent further abuse 
9 of a family or household member or
to effectuate one of the 
10 granted remedies, if supported by the balance of

11 hardships. If the harm to be prevented by the injunction 
12 is abuse or any
other harm that one of the remedies listed 
13 in paragraphs (1) through (16)
of this subsection is 
14 designed to prevent, no further evidence is necessary
to 
15 establish that the harm is an irreparable injury.

16  (18) Telephone services.
17   (A) Unless a condition described in subparagraph 
18 (B) of this paragraph exists, the court may, upon 
19 request by the petitioner, order a wireless telephone 
20 service provider to transfer to the petitioner the 
21 right to continue to use a telephone number or numbers 
22 indicated by the petitioner and the financial 
23 responsibility associated with the number or numbers, 
24 as set forth in subparagraph (C) of this paragraph. In 
25 this paragraph (18), the term "wireless telephone 
26 service provider" means a provider of commercial 
 
 
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1 mobile service as defined in 47 U.S.C. 332. The 
2 petitioner may request the transfer of each telephone 
3 number that the petitioner, or a minor child in his or 
4 her custody, uses. The clerk of the court shall serve 
5 the order on the wireless telephone service provider's 
6 agent for service of process provided to the Illinois 
7 Commerce Commission. The order shall contain all of 
8 the following: 
9    (i) The name and billing telephone number of 
10 the account holder including the name of the 
11 wireless telephone service provider that serves 
12 the account.
13    (ii) Each telephone number that will be 
14 transferred.
15    (iii) A statement that the provider transfers 
16 to the petitioner all financial responsibility for 
17 and right to the use of any telephone number 
18 transferred under this paragraph.
19   (B) A wireless telephone service provider shall 
20 terminate the respondent's use of, and shall transfer 
21 to the petitioner use of, the telephone number or 
22 numbers indicated in subparagraph (A) of this 
23 paragraph unless it notifies the petitioner, within 72 
24 hours after it receives the order, that one of the 
25 following applies:
26    (i) The account holder named in the order has 
 
 
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1 terminated the account.
2    (ii) A difference in network technology would 
3 prevent or impair the functionality of a device on 
4 a network if the transfer occurs.
5    (iii) The transfer would cause a geographic or 
6 other limitation on network or service provision 
7 to the petitioner.
8    (iv) Another technological or operational 
9 issue would prevent or impair the use of the 
10 telephone number if the transfer occurs.
11   (C) The petitioner assumes all financial 
12 responsibility for and right to the use of any 
13 telephone number transferred under this paragraph. In 
14 this paragraph, "financial responsibility" includes 
15 monthly service costs and costs associated with any 
16 mobile device associated with the number.
17   (D) A wireless telephone service provider may 
18 apply to the petitioner its routine and customary 
19 requirements for establishing an account or 
20 transferring a number, including requiring the 
21 petitioner to provide proof of identification, 
22 financial information, and customer preferences.

23   (E) Except for willful or wanton misconduct, a 
24 wireless telephone service provider is immune from 
25 civil liability for its actions taken in compliance 
26 with a court order issued under this paragraph.
 
 
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1   (F) All wireless service providers that provide 
2 services to residential customers shall provide to the 
3 Illinois Commerce Commission the name and address of 
4 an agent for service of orders entered under this 
5 paragraph (18). Any change in status of the registered 
6 agent must be reported to the Illinois Commerce 
7 Commission within 30 days of such change. 
8   (G) The Illinois Commerce Commission shall 
9 maintain the list of registered agents for service for 
10 each wireless telephone service provider on the 
11 Commission's website. The Commission may consult with 
12 wireless telephone service providers and the Circuit 
13 Court Clerks on the manner in which this information 
14 is provided and displayed. 
15 (c) Relevant factors; findings.

16  (1) In determining whether to grant a
specific remedy, 
17 other than payment of support, the
court shall consider 
18 relevant factors, including, but not limited to, the

19 following:

20   (i) the nature, frequency, severity, pattern, and 
21 consequences of the
respondent's past abuse of the 
22 petitioner or any family or household
member, 
23 including the concealment of his or her location in 
24 order to evade
service of process or notice, and the 
25 likelihood of danger of future abuse to
petitioner or

26 any member of petitioner's or respondent's family or 
 
 
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1 household; and

2   (ii) the danger that any minor child will be 
3 abused or neglected or
improperly relocated from the 
4 jurisdiction, improperly concealed within the
State, 
5 or improperly separated from the child's primary 
6 caretaker.

7  (2) In comparing relative hardships resulting to the 
8 parties from loss
of possession of the family home, the 
9 court shall consider relevant
factors, including, but not 
10 limited to, the following:

11   (i) availability, accessibility, cost, safety, 
12 adequacy, location, and other
characteristics of 
13 alternate housing for each party and any minor child 
14 or
dependent adult in the party's care;

15   (ii) the effect on the party's employment; and

16   (iii) the effect on the relationship of the party, 
17 and any minor
child or dependent adult in the party's 
18 care, to family, school, church,
and community.

19  (3) Subject to the exceptions set forth in paragraph 
20 (4) of this
subsection (c), the court shall make its 
21 findings in an official record or in
writing, and shall at 
22 a minimum set forth the following:

23   (i) That the court has considered the applicable 
24 relevant factors
described in paragraphs (1) and (2) 
25 of this subsection (c).

26   (ii) Whether the conduct or actions of respondent, 
 
 
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1 unless
prohibited, will likely cause irreparable harm 
2 or continued abuse.

3   (iii) Whether it is necessary to grant the 
4 requested relief in order
to protect petitioner or 
5 other alleged abused persons.

6  (4) (Blank).

7  (5) Never married parties. No rights or 
8 responsibilities for a minor
child born outside of 
9 marriage attach to a putative father until a father and

10 child relationship has been established under the Illinois 
11 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
12 the Illinois Public Aid Code, Section 12 of the Vital 
13 Records Act, the Juvenile Court Act of 1987, the Probate 
14 Act of 1975, the Uniform Interstate Family Support Act, 
15 the Expedited Child Support Act of 1990, any judicial, 
16 administrative, or other act of another state or 
17 territory, any other statute of this State, or by any 
18 foreign nation establishing the father and child 
19 relationship, any other proceeding substantially in 
20 conformity with the federal Personal Responsibility and 
21 Work Opportunity Reconciliation Act of 1996, or when both 
22 parties appeared in open court or at an administrative 
23 hearing acknowledging under oath or admitting by 
24 affirmation the existence of a father and child 
25 relationship. Absent such an adjudication, no putative 
26 father shall be granted
temporary allocation of parental 
 
 
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1 responsibilities, including parenting time with the minor 
2 child, or
physical care
and possession of the minor child, 
3 nor shall
an order of payment for support of the minor 
4 child be entered.

5 (d) Balance of hardships; findings. If the court finds 
6that the balance
of hardships does not support the granting of 
7a remedy governed by
paragraph (2), (3), (10), (11), or (16) of

8subsection (b) of this Section,
which may require such 
9balancing, the court's findings shall so
indicate and shall 
10include a finding as to whether granting the remedy will

11result in hardship to respondent that would substantially 
12outweigh the hardship
to petitioner
from denial of the remedy. 
13The findings shall be an official record or in
writing.

14 (e) Denial of remedies. Denial of any remedy shall not be 
15based, in
whole or in part, on evidence that:

16  (1) respondent has cause for any use of force, unless 
17 that cause
satisfies the standards for justifiable use of 
18 force provided by Article
7 of the Criminal Code of 2012;

19  (2) respondent was voluntarily intoxicated;

20  (3) petitioner acted in self-defense or defense of 
21 another, provided
that, if petitioner utilized force, such 
22 force was justifiable under
Article 7 of the Criminal Code 
23 of 2012; 

24  (4) petitioner did not act in self-defense or defense 
25 of another;

26  (5) petitioner left the residence or household to 
 
 
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1 avoid further abuse
by respondent;

2  (6) petitioner did not leave the residence or 
3 household to avoid further
abuse by respondent; or 

4  (7) conduct by any family or household member excused 
5 the abuse by
respondent, unless that same conduct would 
6 have excused such abuse if the
parties had not been family 
7 or household members.

8(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22; 
9102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)


10 Section 35. The Unified Code of Corrections is amended by 
11changing Section 5-6-3.6 as follows:

12 (730 ILCS 5/5-6-3.6)
13 (Section scheduled to be repealed on January 1, 2024)
14 Sec. 5-6-3.6. First Time Weapon Offense Offender Program.
15 (a) The General Assembly has sought to promote public 
16safety, reduce recidivism, and conserve valuable resources of 
17the criminal justice system through the creation of diversion 
18programs for non-violent offenders. This amendatory Act of the 
19103rd General Assembly amendatory Act of the 100th General 
20Assembly establishes a pilot program for first-time, 
21non-violent offenders charged with certain weapons possession 
22offenses. The General Assembly recognizes some persons, 
23particularly young adults in areas of high crime or poverty, 
24may have experienced trauma that contributes to poor decision 
 
 
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1making skills, and the creation of a diversionary program 
2poses a greater benefit to the community and the person than 
3incarceration. Under this program, a court, with the consent 
4of the defendant and the State's Attorney, may sentence a 
5defendant charged with an unlawful use of weapons offense 
6under Section 24-1 of the Criminal Code of 2012 or aggravated 
7unlawful use of a weapon offense under Section 24-1.6 of the 
8Criminal Code of 2012, if punishable as a Class 4 felony or 
9lower, to a First Time Weapon Offense Offender Program.
10 (b) A defendant is not eligible for this Program if:
11  (1) the offense was committed during the commission of 
12 a violent offense as defined in subsection (h) of this 
13 Section;
14  (2) he or she has previously been convicted or placed 
15 on probation or conditional discharge for any violent 
16 offense under the laws of this State, the laws of any other 
17 state, or the laws of the United States;
18  (3) he or she had a prior successful completion of the 
19 First Time Weapon Offense Offender Program under this 
20 Section;
21  (4) he or she has previously been adjudicated a 
22 delinquent minor for the commission of a violent offense;
23  (5) (blank); or he or she is 21 years of age or older; 
24 or
25  (6) he or she has an existing order of protection 
26 issued against him or her.
 
 
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1 (b-5) In considering whether a defendant shall be 
2sentenced to the First Time Weapon Offense Offender Program, 
3the court shall consider the following:
4  (1) the age, immaturity, or limited mental capacity of 
5 the defendant;
6  (2) the nature and circumstances of the offense;
7  (3) whether participation in the Program is in the 
8 interest of the defendant's rehabilitation, including any 
9 employment or involvement in community, educational, 
10 training, or vocational programs;
11  (4) whether the defendant suffers from trauma, as 
12 supported by documentation or evaluation by a licensed 
13 professional; and
14  (5) the potential risk to public safety. 
15 (c) For an offense committed on or after January 1, 2018 
16(the effective date of Public Act 100-3) and before January 1, 
172024, whenever an eligible person pleads guilty to an unlawful 
18use of weapons offense under Section 24-1 of the Criminal Code 
19of 2012 or aggravated unlawful use of a weapon offense under 
20Section 24-1.6 of the Criminal Code of 2012, which is 
21punishable as a Class 4 felony or lower, the court, with the 
22consent of the defendant and the State's Attorney, may, 
23without entering a judgment, sentence the defendant to 
24complete the First Time Weapon Offense Offender Program. When 
25a defendant is placed in the Program, the court shall defer 
26further proceedings in the case until the conclusion of the 
 
 
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1period or until the filing of a petition alleging violation of 
2a term or condition of the Program. Upon violation of a term or 
3condition of the Program, the court may enter a judgment on its 
4original finding of guilt and proceed as otherwise provided by 
5law. Upon fulfillment of the terms and conditions of the 
6Program, the court shall discharge the person and dismiss the 
7proceedings against the person.
8 (d) The Program shall be at least 6 18 months and not to 
9exceed 18 24 months, as determined by the court at the 
10recommendation of the Program administrator and the State's 
11Attorney. The Program administrator may be appointed by the 
12Chief Judge of each Judicial Circuit. 
13 (e) The conditions of the Program shall be that the 
14defendant:
15  (1) not violate any criminal statute of this State or 
16 any other jurisdiction;
17  (2) refrain from possessing a firearm or other 
18 dangerous weapon;
19  (3) (blank); obtain or attempt to obtain employment;
20  (4) (blank); attend educational courses designed to 
21 prepare the defendant for obtaining a high school diploma 
22 or to work toward passing high school equivalency testing 
23 or to work toward completing a vocational training 
24 program;
25  (5) (blank); refrain from having in his or her body 
26 the presence of any illicit drug prohibited by the 
 
 
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1 Methamphetamine Control and Community Protection Act, the 
2 Cannabis Control Act, or the Illinois Controlled 
3 Substances Act, unless prescribed by a physician, and 
4 submit samples of his or her blood or urine or both for 
5 tests to determine the presence of any illicit drug;
6  (6) (blank); perform a minimum of 50 hours of 
7 community service;
8  (7) attend and participate in any Program activities 
9 deemed required by the Program administrator, such as 
10 including but not limited to: counseling sessions, 
11 in-person and over the phone check-ins, and educational 
12 classes; and
13  (8) (blank). pay all fines, assessments, fees, and 
14 costs.
15 (f) The Program may, in addition to other conditions, 
16require that the defendant:
17  (1) obtain or attempt to obtain employment wear an 
18 ankle bracelet with GPS tracking;
19  (2) attend educational courses designed to prepare the

20 defendant for obtaining a high school diploma or to work

21 toward passing high school equivalency testing or to work

22 toward completing a vocational training program undergo 
23 medical or psychiatric treatment, or treatment or 
24 rehabilitation approved by the Department of Human 
25 Services; and
26  (3) refrain from having in his or her body the 
 
 
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1 presence of any illicit drug prohibited by the

2 Methamphetamine Control and Community Protection Act
or 
3 the Illinois Controlled Substances Act, unless prescribed 
4 by a physician, and submit samples of his or her blood or 
5 urine or both for tests to determine the presence of any 
6 illicit drug; 
7  (4) perform community service; attend or reside in a 
8 facility established for the instruction or residence of 
9 defendants on probation.
10  (5) pay all fines, assessments, fees, and costs; and
11  (6) comply with other such other reasonable conditions 
12 as the court may impose. 
13 (g) There may be only one discharge and dismissal under 
14this Section. If a person is convicted of any offense which 
15occurred within 5 years subsequent to a discharge and 
16dismissal under this Section, the discharge and dismissal 
17under this Section shall be admissible in the sentencing 
18proceeding for that conviction as evidence in aggravation.
19 (h) For purposes of this Section, "violent offense" means 
20any offense in which bodily harm was inflicted or force was 
21used against any person or threatened against any person; any 
22offense involving the possession of a firearm or dangerous 
23weapon; any offense involving sexual conduct, sexual 
24penetration, or sexual exploitation; violation of an order of 
25protection, stalking, hate crime, domestic battery, or any 
26offense of domestic violence.
 
 
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1 (i) (Blank). This Section is repealed on January 1, 2024. 

2(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)

3 Section 40. The Illinois Domestic Violence Act of 1986 is 
4amended by changing Sections 202 and 214 as follows:



5 (750 ILCS 60/202) (from Ch. 40, par. 2312-2)


6 Sec. 202. Commencement of action; filing fees; dismissal. 

7 (a) How to commence action. Actions for orders of 
8protection are commenced:

9  (1) Independently: By filing a petition for an order 
10 of protection in
any civil court, unless specific courts 
11 are designated by local rule or order.

12  (2) In conjunction with another civil proceeding: By

13 filing a petition for an order of protection under the 
14 same case number
as another civil proceeding involving the 
15 parties, including, but not
limited to: (i) any proceeding 
16 under the Illinois Marriage and Dissolution of
Marriage 
17 Act, Illinois Parentage Act of 2015, Nonsupport of Spouse 
18 and
Children Act, or Revised Uniform Reciprocal 
19 Enforcement of Support Act or an
action for nonsupport 
20 brought under Article X of the
Illinois Public Aid
Code, 
21 provided that a petitioner and
the respondent are a party 
22 to or the subject of that proceeding; or (ii) a

23 guardianship proceeding under the Probate Act of
1975, or 
24 a proceeding for involuntary
commitment under the Mental 
 
 
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1 Health and Developmental Disabilities Code, or
any 
2 proceeding, other than a delinquency petition, under the 
3 Juvenile Court
Act of 1987, provided that a petitioner or 
4 the
respondent is a party to or the subject of such 
5 proceeding; or (iii) an emergency or plenary proceeding 
6 under the Firearms Restraining Order Act provided that a 
7 petitioner and the respondent are a party to or the 
8 subject of that proceeding.

9  (3) In conjunction with a delinquency petition or a

10 criminal prosecution as provided in Section 112A-20 of the 
11 Code of Criminal Procedure of 1963.

12 (a-1) A petition for an order of protection may be filed in 
13person in-person or online. 
14 (a-5) When a petition for an emergency order of protection 
15is filed, the petition shall not be publicly available until 
16the petition is served on the respondent. 
17 (b) Filing, certification, and service fees. No fee shall 
18be charged
by the clerk for filing, amending, vacating, 
19certifying, or photocopying
petitions or orders; or for 
20issuing alias summons; or for any
related filing service. No

21fee shall be charged by the sheriff for service by the sheriff 
22of a
petition,
rule, motion, or order in an action commenced 
23under this Section.

24 (c) Dismissal and consolidation. Withdrawal or dismissal 
25of any
petition for an order of protection prior to 
26adjudication where the
petitioner is represented by the State 
 
 
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1shall operate as a dismissal without
prejudice. No action for 
2an order of protection shall be dismissed because
the 
3respondent is being prosecuted for a crime against the 
4petitioner. An
independent action may be consolidated with 
5another civil proceeding, as
provided by paragraph (2) of 
6subsection (a) of this Section. For any
action commenced under 
7paragraph (2) or (3) of subsection (a) of this Section,

8dismissal of the conjoined case (or a finding of not guilty) 
9shall not
require dismissal of the action
for the order of 
10protection; instead, it may be treated as an
independent 
11action and, if necessary and appropriate, transferred to a

12different court or division. Dismissal of any conjoined case 
13shall not affect
the
validity of any previously issued order 
14of protection, and thereafter
subsections (b)(1) and (b)(2) of 
15Section 220 shall be inapplicable to
such order.

16 (d) Pro se petitions. The court shall provide, through the 
17office of
the clerk of the court, simplified forms and 
18clerical assistance to help
with the writing and filing of a 
19petition under this Section by any person
not represented by 
20counsel. In addition, that assistance may be provided
by the 
21State's Attorney state's attorney.

22 (e)
As provided in this subsection, the administrative 
23director of the Administrative Office of the Illinois Courts, 
24with the approval of the administrative board of the courts, 
25may adopt rules to establish and implement a pilot program to 
26allow the electronic filing of petitions for temporary orders 
 
 
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1of protection and the issuance of such orders by audio-visual 
2means to accommodate litigants for whom attendance in court to 
3file for and obtain emergency relief would constitute an undue 
4hardship or would constitute a risk of harm to the litigant.
5  (1) As used in this subsection:
6   (A) "Electronic means" means any method of 
7 transmission of information between computers or other 
8 machines designed for the purpose of sending or 
9 receiving electronic transmission and that allows for 
10 the recipient of information to reproduce the 
11 information received in a tangible medium of 
12 expression.
13   (B) "Independent audio-visual system" means an 
14 electronic system for the transmission and receiving 
15 of audio and visual signals, including those with the 
16 means to preclude the unauthorized reception and 
17 decoding of the signals by commercially available 
18 television receivers, channel converters, or other 
19 available receiving devices.
20   (C) "Electronic appearance" means an appearance in 
21 which one or more of the parties are not present in the 
22 court, but in which, by means of an independent 
23 audio-visual system, all of the participants are 
24 simultaneously able to see and hear reproductions of 
25 the voices and images of the judge, counsel, parties, 
26 witnesses, and any other participants.
 
 
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1  (2) Any pilot program under this subsection (e) shall 
2 be developed by the administrative director or his or her 
3 delegate in consultation with at least one local 
4 organization providing assistance to domestic violence 
5 victims. The program plan shall include, but not be 
6 limited to:
7   (A) identification of agencies equipped with or 
8 that have access to an independent audio-visual system 
9 and electronic means for filing documents; and
10   (B) identification of one or more organizations 
11 who are trained and available to assist petitioners in 
12 preparing and filing petitions for temporary orders of 
13 protection and in their electronic appearances before 
14 the court to obtain such orders; and
15   (C) identification of the existing resources 
16 available in local family courts for the 
17 implementation and oversight of the pilot program; and
18   (D) procedures for filing petitions and documents 
19 by electronic means, swearing in the petitioners and 
20 witnesses, preparation of a transcript of testimony 
21 and evidence presented, and a prompt transmission of 
22 any orders issued to the parties; and
23   (E) a timeline for implementation and a plan for 
24 informing the public about the availability of the 
25 program; and
26   (F) a description of the data to be collected in 
 
 
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1 order to evaluate and make recommendations for 
2 improvements to the pilot program.
3  (3) In conjunction with an electronic appearance, any 
4 petitioner for an ex parte temporary order of protection 
5 may, using the assistance of a trained advocate if 
6 necessary, commence the proceedings by filing a petition 
7 by electronic means.
8   (A) A petitioner who is seeking an ex parte 
9 temporary order of protection using an electronic 
10 appearance must file a petition in advance of the 
11 appearance and may do so electronically.
12   (B) The petitioner must show that traveling to or 
13 appearing in court would constitute an undue hardship 
14 or create a risk of harm to the petitioner. In granting 
15 or denying any relief sought by the petitioner, the 
16 court shall state the names of all participants and 
17 whether it is granting or denying an appearance by 
18 electronic means and the basis for such a 
19 determination. A party is not required to file a 
20 petition or other document by electronic means or to 
21 testify by means of an electronic appearance.
22   (C) Nothing in this subsection (e) affects or 
23 changes any existing laws governing the service of 
24 process, including requirements for personal service 
25 or the sealing and confidentiality of court records in 
26 court proceedings or access to court records by the 
 
 
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1 parties to the proceedings.
2  (4) Appearances.
3   (A) All electronic appearances by a petitioner 
4 seeking an ex parte temporary order of protection 
5 under this subsection (e) are strictly voluntary and 
6 the court shall obtain the consent of the petitioner 
7 on the record at the commencement of each appearance.
8   (B) Electronic appearances under this subsection 
9 (e) shall be recorded and preserved for transcription. 
10 Documentary evidence, if any, referred to by a party 
11 or witness or the court may be transmitted and 
12 submitted and introduced by electronic means. 
13(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23; 
14revised 12-13-22.)



15 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)

16 Sec. 214. Order of protection; remedies. 

17 (a) Issuance of order. If the court finds that petitioner 
18has been
abused by a family or household member or that 
19petitioner is a high-risk
adult who has been abused, 
20neglected, or exploited, as defined in this Act,
an order of 
21protection prohibiting the abuse, neglect, or exploitation

22shall issue; provided that petitioner must also satisfy the 
23requirements of
one of the following Sections, as appropriate: 
24Section 217 on emergency
orders, Section 218 on interim 
25orders, or Section 219 on plenary orders.
Petitioner shall not 
 
 
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1be denied an order of protection because petitioner or

2respondent is a minor. The court, when determining whether or 
3not to issue
an order of protection, shall not require 
4physical manifestations of abuse
on the person of the victim. 
5Modification and extension of prior
orders of protection shall 
6be in accordance with this Act.

7 (b) Remedies and standards. The remedies to be included in 
8an order of
protection shall be determined in accordance with 
9this Section and one of
the following Sections, as 
10appropriate: Section 217 on emergency orders,
Section 218 on 
11interim orders, and Section 219 on plenary orders. The

12remedies listed in this subsection shall be in addition to 
13other civil or
criminal remedies available to petitioner.

14  (1) Prohibition of abuse, neglect, or exploitation. 
15 Prohibit
respondent's harassment, interference with 
16 personal liberty, intimidation
of a dependent, physical 
17 abuse, or willful deprivation, neglect or
exploitation, as 
18 defined in this Act, or stalking of the petitioner, as 
19 defined
in Section 12-7.3 of the Criminal Code of 2012, if 
20 such abuse, neglect,
exploitation, or stalking has 
21 occurred or otherwise appears likely to occur if
not 
22 prohibited.

23  (2) Grant of exclusive possession of residence. 
24 Prohibit respondent from
entering or remaining in any 
25 residence, household, or premises of the petitioner,

26 including one owned or leased by respondent, if petitioner 
 
 
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1 has a right to
occupancy thereof. The grant of exclusive 
2 possession of the residence, household, or premises shall 
3 not
affect title to real property, nor shall the court be 
4 limited by the standard
set forth in subsection (c-2) of 
5 Section 501 of the Illinois Marriage and Dissolution of 
6 Marriage
Act.

7   (A) Right to occupancy. A party has a right to 
8 occupancy of a
residence or household if it is solely 
9 or jointly owned or leased by that
party, that party's 
10 spouse, a person with a legal duty to support that 
11 party or
a minor child in that party's care, or by any 
12 person or entity other than the
opposing party that 
13 authorizes that party's occupancy (e.g., a domestic

14 violence shelter). Standards set forth in subparagraph 
15 (B) shall not preclude
equitable relief.

16   (B) Presumption of hardships. If petitioner and 
17 respondent
each has the right to occupancy of a 
18 residence or household, the court
shall balance (i) 
19 the hardships to respondent and any minor child or

20 dependent adult in respondent's care resulting from 
21 entry of this remedy with
(ii) the hardships to 
22 petitioner and any minor child or dependent adult in

23 petitioner's care resulting from continued exposure to 
24 the risk of abuse
(should petitioner remain at the 
25 residence or household) or from loss of
possession of 
26 the residence or household (should petitioner leave to 
 
 
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1 avoid the
risk of abuse). When determining the balance 
2 of hardships, the court shall
also take into account 
3 the accessibility of the residence or household.

4 Hardships need not be balanced if respondent does not 
5 have a right to
occupancy.

6   The balance of hardships is presumed to favor 
7 possession by
petitioner unless the presumption is 
8 rebutted by a preponderance of the
evidence, showing 
9 that the hardships to respondent substantially 
10 outweigh
the hardships to petitioner and any minor 
11 child or dependent adult in
petitioner's care. The 
12 court, on the request of petitioner or on its own

13 motion, may order respondent to provide suitable, 
14 accessible, alternate housing
for petitioner instead 
15 of excluding respondent from a mutual residence or

16 household.

17  (3) Stay away order and additional prohibitions.
Order 
18 respondent to stay away from petitioner or any other 
19 person
protected by the order of protection, or prohibit 
20 respondent from entering
or remaining present at 
21 petitioner's school, place of employment, or other

22 specified places at times when petitioner is present, or 
23 both, if
reasonable, given the balance of hardships. 
24 Hardships need not be balanced for
the court to enter a 
25 stay away order or prohibit entry if respondent has no

26 right to enter the premises.

 
 
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1   (A) If an order of protection grants petitioner 
2 exclusive possession
of the residence, or prohibits 
3 respondent from entering the residence,
or orders 
4 respondent to stay away from petitioner or other

5 protected persons, then the court may allow respondent 
6 access to the
residence to remove items of clothing 
7 and personal adornment
used exclusively by respondent, 
8 medications, and other items as the court
directs. The 
9 right to access shall be exercised on only one 
10 occasion as the
court directs and in the presence of an 
11 agreed-upon adult third party or law
enforcement 
12 officer.

13   (B) When the petitioner and the respondent attend 
14 the same public, private, or non-public elementary, 
15 middle, or high school, the court when issuing an 
16 order of protection and providing relief shall 
17 consider the severity of the act, any continuing 
18 physical danger or emotional distress to the 
19 petitioner, the educational rights guaranteed to the 
20 petitioner and respondent under federal and State law, 
21 the availability of a transfer of the respondent to 
22 another school, a change of placement or a change of 
23 program of the respondent, the expense, difficulty, 
24 and educational disruption that would be caused by a 
25 transfer of the respondent to another school, and any 
26 other relevant facts of the case. The court may order 
 
 
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1 that the respondent not attend the public, private, or 
2 non-public elementary, middle, or high school attended 
3 by the petitioner, order that the respondent accept a 
4 change of placement or change of program, as 
5 determined by the school district or private or 
6 non-public school, or place restrictions on the 
7 respondent's movements within the school attended by 
8 the petitioner.
The respondent bears the burden of 
9 proving by a preponderance of the evidence that a 
10 transfer, change of placement, or change of program of 
11 the respondent is not available. The respondent also 
12 bears the burden of production with respect to the 
13 expense, difficulty, and educational disruption that 
14 would be caused by a transfer of the respondent to 
15 another school. A transfer, change of placement, or 
16 change of program is not unavailable to the respondent 
17 solely on the ground that the respondent does not 
18 agree with the school district's or private or 
19 non-public school's transfer, change of placement, or 
20 change of program or solely on the ground that the 
21 respondent fails or refuses to consent or otherwise 
22 does not take an action required to effectuate a 
23 transfer, change of placement, or change of program.

24 When a court orders a respondent to stay away from the 
25 public, private, or non-public school attended by the 
26 petitioner and the respondent requests a transfer to 
 
 
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1 another attendance center within the respondent's 
2 school district or private or non-public school, the 
3 school district or private or non-public school shall 
4 have sole discretion to determine the attendance 
5 center to which the respondent is transferred.
In the 
6 event the court order results in a transfer of the 
7 minor respondent to another attendance center, a 
8 change in the respondent's placement, or a change of 
9 the respondent's program, the parents, guardian, or 
10 legal custodian of the respondent is responsible for 
11 transportation and other costs associated with the 
12 transfer or change. 
13   (C) The court may order the parents, guardian, or 
14 legal custodian of a minor respondent to take certain 
15 actions or to refrain from taking certain actions to 
16 ensure that the respondent complies with the order. In 
17 the event the court orders a transfer of the 
18 respondent to another school, the parents, guardian, 
19 or legal custodian of the respondent is responsible 
20 for transportation and other costs associated with the 
21 change of school by the respondent. 
22  (4) Counseling. Require or recommend the respondent to 
23 undergo
counseling for a specified duration with a social 
24 worker, psychologist,
clinical psychologist, 
25 psychiatrist, family service agency, alcohol or
substance 
26 abuse program, mental health center guidance counselor, 
 
 
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1 agency
providing services to elders, program designed for 
2 domestic violence
abusers or any other guidance service 
3 the court deems appropriate. The Court may order the 
4 respondent in any intimate partner relationship to report 
5 to an Illinois Department of Human Services protocol 
6 approved partner abuse intervention program for an 
7 assessment and to follow all recommended treatment. 

8  (5) Physical care and possession of the minor child. 
9 In order to protect
the minor child from abuse, neglect, 
10 or unwarranted separation from the person
who has been the 
11 minor child's primary caretaker, or to otherwise protect 
12 the
well-being of the minor child, the court may do either 
13 or both of the
following: (i) grant petitioner physical 
14 care or possession of the minor child,
or both, or (ii) 
15 order respondent to return a minor child to, or not remove 
16 a
minor child from, the physical care of a parent or person 
17 in loco parentis.

18  If a court finds, after a hearing, that respondent has 
19 committed abuse
(as defined in Section 103) of a minor 
20 child, there shall be a
rebuttable presumption that 
21 awarding physical care to respondent would not
be in the 
22 minor child's best interest.

23  (6) Temporary allocation of parental responsibilities: 
24 significant decision-making. Award temporary 
25 decision-making responsibility to petitioner
in accordance 
26 with this Section, the Illinois Marriage and Dissolution 
 
 
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1 of
Marriage Act, the Illinois Parentage Act of 2015, and 
2 this State's Uniform
Child-Custody Jurisdiction and 
3 Enforcement Act. 

4  If a court finds, after a hearing, that respondent has 
5 committed abuse (as
defined in Section 103) of a minor 
6 child, there shall be a rebuttable
presumption that 
7 awarding temporary significant decision-making 
8 responsibility to respondent would not be in
the child's 
9 best interest.

10  (7) Parenting time. Determine the parenting time, if 
11 any, of respondent in
any case in which the court awards 
12 physical care or allocates temporary significant 
13 decision-making responsibility of
a minor child to 
14 petitioner. The court shall restrict or deny respondent's 
15 parenting time
with a minor child if the court finds that 
16 respondent has done or is
likely to do any of the 
17 following: (i) abuse or endanger the minor child during 
18 parenting time; (ii) use the parenting time as an 
19 opportunity to abuse or harass
petitioner or petitioner's 
20 family or household members; (iii) improperly
conceal or 
21 detain the minor child; or (iv) otherwise act in a manner 
22 that is
not in the best interests of the minor child. The 
23 court shall not be limited
by the standards set forth in 
24 Section 603.10 of the Illinois Marriage and
Dissolution of 
25 Marriage Act. If the court grants parenting time, the 
26 order shall
specify dates and times for the parenting time 
 
 
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1 to take place or other specific
parameters or conditions 
2 that are appropriate. No order for parenting time shall

3 refer merely to the term "reasonable parenting time".

4  Petitioner may deny respondent access to the minor 
5 child if, when
respondent arrives for parenting time, 
6 respondent is under the influence of drugs
or alcohol and 
7 constitutes a threat to the safety and well-being of

8 petitioner or petitioner's minor children or is behaving 
9 in a violent or
abusive manner.

10  If necessary to protect any member of petitioner's 
11 family or
household from future abuse, respondent shall be 
12 prohibited from coming to
petitioner's residence to meet 
13 the minor child for parenting time, and the
parties shall 
14 submit to the court their recommendations for reasonable

15 alternative arrangements for parenting time. A person may 
16 be approved to
supervise parenting time only after filing 
17 an affidavit accepting
that responsibility and 
18 acknowledging accountability to the court.

19  (8) Removal or concealment of minor child. Prohibit 
20 respondent from
removing a minor child from the State or 
21 concealing the child within the State.


22  (9) Order to appear. Order the respondent to appear in 
23 court, alone
or with a minor child, to prevent abuse, 
24 neglect, removal or concealment of
the child, to return 
25 the child to the custody or care of the petitioner or
to 
26 permit any court-ordered interview or examination of the 
 
 
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1 child or the
respondent.

2  (10) Possession of personal property. Grant petitioner 
3 exclusive
possession of personal property and, if 
4 respondent has possession or
control, direct respondent to 
5 promptly make it available to petitioner, if:

6   (i) petitioner, but not respondent, owns the 
7 property; or

8   (ii) the parties own the property jointly; sharing 
9 it would risk
abuse of petitioner by respondent or is 
10 impracticable; and the balance of
hardships favors 
11 temporary possession by petitioner.

12  If petitioner's sole claim to ownership of the 
13 property is that it is
marital property, the court may 
14 award petitioner temporary possession
thereof under the 
15 standards of subparagraph (ii) of this paragraph only if
a 
16 proper proceeding has been filed under the Illinois 
17 Marriage and
Dissolution of Marriage Act, as now or 
18 hereafter amended.

19  No order under this provision shall affect title to 
20 property.

21  (11) Protection of property. Forbid the respondent 
22 from taking,
transferring, encumbering, concealing, 
23 damaging or otherwise disposing of
any real or personal 
24 property, except as explicitly authorized by the
court, 
25 if:

26   (i) petitioner, but not respondent, owns the 
 
 
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1 property; or

2   (ii) the parties own the property jointly,
and the 
3 balance of hardships favors granting this remedy.

4  If petitioner's sole claim to ownership of the 
5 property is that it is
marital property, the court may 
6 grant petitioner relief under subparagraph
(ii) of this 
7 paragraph only if a proper proceeding has been filed under 
8 the
Illinois Marriage and Dissolution of Marriage Act, as 
9 now or hereafter amended.

10  The court may further prohibit respondent from 
11 improperly using the
financial or other resources of an 
12 aged member of the family or household
for the profit or 
13 advantage of respondent or of any other person.

14  (11.5) Protection of animals. Grant the petitioner the 
15 exclusive care, custody, or control of any animal owned, 
16 possessed, leased, kept, or held by either the petitioner 
17 or the respondent or a minor child residing in the 
18 residence or household of either the petitioner or the 
19 respondent and order the respondent to stay away from the 
20 animal and forbid the respondent from taking, 
21 transferring, encumbering, concealing, harming, or 
22 otherwise disposing of the animal.

23  (12) Order for payment of support. Order respondent to 
24 pay temporary
support for the petitioner or any child in 
25 the petitioner's care or over whom the petitioner has been 
26 allocated parental responsibility, when the respondent has 
 
 
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1 a legal obligation to support that person,
in accordance 
2 with the Illinois Marriage and Dissolution
of Marriage 
3 Act, which shall govern, among other matters, the amount 
4 of
support, payment through the clerk and withholding of 
5 income to secure
payment. An order for child support may 
6 be granted to a petitioner with
lawful physical care of a 
7 child, or an order or agreement for
physical care of a 
8 child, prior to entry of an order allocating significant 
9 decision-making responsibility.
Such a support order shall 
10 expire upon entry of a valid order allocating parental 
11 responsibility differently and vacating the petitioner's 
12 significant decision-making authority, unless otherwise 
13 provided in the order.

14  (13) Order for payment of losses. Order respondent to 
15 pay petitioner for
losses suffered as a direct result of 
16 the abuse, neglect, or exploitation.
Such losses shall 
17 include, but not be limited to, medical expenses, lost

18 earnings or other support, repair or replacement of 
19 property damaged or taken,
reasonable attorney's fees, 
20 court costs and moving or other travel expenses,
including 
21 additional reasonable expenses for temporary shelter and 
22 restaurant
meals.

23   (i) Losses affecting family needs. If a party is 
24 entitled to seek
maintenance, child support or 
25 property distribution from the other party
under the 
26 Illinois Marriage and Dissolution of Marriage Act, as 
 
 
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1 now or
hereafter amended, the court may order 
2 respondent to reimburse petitioner's
actual losses, to 
3 the extent that such reimbursement would be 
4 "appropriate
temporary relief", as authorized by 
5 subsection (a)(3) of Section 501 of
that Act.

6   (ii) Recovery of expenses. In the case of an 
7 improper concealment
or removal of a minor child, the 
8 court may order respondent to pay the
reasonable 
9 expenses incurred or to be incurred in the search for 
10 and recovery
of the minor child, including but not 
11 limited to legal fees, court costs,
private 
12 investigator fees, and travel costs.

13  (14) Prohibition of entry. Prohibit the respondent 
14 from entering or
remaining in the residence or household 
15 while the respondent is under the
influence of alcohol or 
16 drugs and constitutes a threat to the safety and

17 well-being of the petitioner or the petitioner's children.

18  (14.5) Prohibition of firearm possession.

19   (a) Prohibit a respondent against whom an order of 
20 protection was issued from possessing any firearms 
21 during the duration of the order if the order:
22    (1) was issued after a hearing of which such 
23 person received
actual notice, and at which such 
24 person had an opportunity to
participate, except 
25 in circumstances where an order is entered in

26 conjunction with an affidavit or the verified 
 
 
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1 petition for an emergency order of protection 
2 demonstrating exigent circumstances
thereby 
3 justifying an entry of an emergency order without 
4 prior
notice;
5    (2) restrains such person from abusing the 
6 petitioner as defined in this Act harassing, 
7 stalking, or
threatening an intimate partner of 
8 such person or child of such
intimate partner or 
9 person, or engaging in other conduct that
would 
10 place an intimate partner in reasonable fear of 
11 bodily
injury to the partner or child; and
12    (3)(i) includes a finding that such person 
13 represents a
credible threat to the physical 
14 safety of the petitioner such intimate partner
or 
15 child; or
(ii) by its terms explicitly prohibits 
16 the use, attempted
use, or threatened use of 
17 physical force against the petitioner such 
18 intimate
partner or child that would reasonably be 
19 expected to cause
bodily injury.
20   (a-1) Except as provided in subparagraph (b), any 
21 Any Firearm Owner's Identification Card in the

22 possession of the respondent, except as provided in 
23 subsection (b), shall be ordered by the court to be 
24 turned
over to the local law enforcement agency and 
25 the respondent shall be prohibited from acquiring or 
26 possessing any firearms for the duration of the order 
 
 
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1 of protection. The local law enforcement agency shall 
2 immediately mail the card to the Illinois State Police 
3 Firearm Owner's Identification Card Office
for 
4 safekeeping. 
5   (a-2) Immediately upon entry of the order of 
6 protection prohibiting firearm possession under this 
7 Section, the The court shall
issue a seizure order 
8 warrant for seizure of any firearm in the possession 
9 of the respondent, to be kept by the local law 
10 enforcement agency for safekeeping, except as provided 
11 in subparagraph subsection (b). The petitioner's 
12 general description of the firearm or firearms and 
13 their location shall be sufficient to support issuing 
14 a seizure order.
The period of safekeeping shall be 
15 for the duration of the order of protection. The 
16 respondent against whom an order of protection was 
17 issued, including an emergency order of protection, 
18 shall not possess any firearms for the duration of the 
19 order. 
20   (a-3) Notwithstanding the issuance of a seizure 
21 order under subparagraph (a-2), the respondent shall 
22 be ordered to immediately surrender any firearms to 
23 the appropriate law enforcement agency and prohibited 
24 from transferring firearms to another individual in 
25 lieu of surrender to law enforcement.
26   (a-4) The relevant law enforcement agency shall 
 
 
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1 provide a statement of receipt of any firearm seized 
2 or surrendered with a description of any firearm 
3 seized or surrendered to the respondent and the court. 
4 This statement of receipt shall be prima facie 
5 evidence of compliance with an order to surrender 
6 firearms. 
7   (a-5) The firearm or firearms and Firearm Owner's 
8 Identification Card, if unexpired, shall at the 
9 respondent's request, be returned to the respondent at 
10 the end
of the order of protection. It is the 
11 respondent's responsibility to notify the Illinois 
12 State Police Firearm Owner's Identification Card 
13 Office of the end of the order of protection. 

14   (b) If the respondent is a peace officer as 
15 defined in Section 2-13 of
the
Criminal Code of 2012, 
16 the court shall order that any firearms used by the

17 respondent in the performance of his or her duties as a

18 peace officer be surrendered to
the chief law 
19 enforcement executive of the agency in which the 
20 respondent is
employed, who shall retain the firearms 
21 for safekeeping for the duration of the order of 
22 protection.

23   (c) Upon expiration of the period of safekeeping, 
24 if the firearms or Firearm Owner's Identification Card 
25 cannot be returned to respondent because respondent 
26 cannot be located, fails to respond to requests to 
 
 
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1 retrieve the firearms, or is not lawfully eligible to 
2 possess a firearm, upon petition from the local law 
3 enforcement agency, the court may order the local law 
4 enforcement agency to destroy the firearms, use the 
5 firearms for training purposes, or for any other 
6 application as deemed appropriate by the local law 
7 enforcement agency; or that the firearms be turned 
8 over to a third party who is lawfully eligible to 
9 possess firearms, and who does not reside with 
10 respondent. 
11  (15) Prohibition of access to records. If an order of 
12 protection
prohibits respondent from having contact with 
13 the minor child,
or if petitioner's address is omitted 
14 under subsection (b) of
Section 203, or if necessary to 
15 prevent abuse or wrongful removal or
concealment of a 
16 minor child, the order shall deny respondent access to, 
17 and
prohibit respondent from inspecting, obtaining, or 
18 attempting to
inspect or obtain, school or any other 
19 records of the minor child
who is in the care of 
20 petitioner.

21  (16) Order for payment of shelter services. Order 
22 respondent to
reimburse a shelter providing temporary 
23 housing and counseling services to
the petitioner for the 
24 cost of the services, as certified by the shelter
and 
25 deemed reasonable by the court.

26  (17) Order for injunctive relief. Enter injunctive 
 
 
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1 relief necessary
or appropriate to prevent further abuse 
2 of a family or household member
or further abuse, neglect, 
3 or exploitation of a high-risk adult with
disabilities or 
4 to effectuate one of the granted remedies, if supported by 
5 the
balance of hardships. If the harm to be prevented by 
6 the injunction is abuse
or any other harm that one of the 
7 remedies listed in paragraphs (1) through
(16) of this 
8 subsection is designed to prevent, no further evidence is

9 necessary that the harm is an irreparable injury.

10  (18) Telephone services.
11   (A) Unless a condition described in subparagraph 
12 (B) of this paragraph exists, the court may, upon 
13 request by the petitioner, order a wireless telephone 
14 service provider to transfer to the petitioner the 
15 right to continue to use a telephone number or numbers 
16 indicated by the petitioner and the financial 
17 responsibility associated with the number or numbers, 
18 as set forth in subparagraph (C) of this paragraph. 
19 For purposes of this paragraph (18), the term 
20 "wireless telephone service provider" means a provider 
21 of commercial mobile service as defined in 47 U.S.C. 
22 332. The petitioner may request the transfer of each 
23 telephone number that the petitioner, or a minor child 
24 in his or her custody, uses. The clerk of the court 
25 shall serve the order on the wireless telephone 
26 service provider's agent for service of process 
 
 
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1 provided to the Illinois Commerce Commission. The 
2 order shall contain all of the following:
3    (i) The name and billing telephone number of 
4 the account holder including the name of the 
5 wireless telephone service provider that serves 
6 the account.
7    (ii) Each telephone number that will be 
8 transferred.
9    (iii) A statement that the provider transfers 
10 to the petitioner all financial responsibility for 
11 and right to the use of any telephone number 
12 transferred under this paragraph.
13   (B) A wireless telephone service provider shall 
14 terminate the respondent's use of, and shall transfer 
15 to the petitioner use of, the telephone number or 
16 numbers indicated in subparagraph (A) of this 
17 paragraph unless it notifies the petitioner, within 72 
18 hours after it receives the order, that one of the 
19 following applies:
20    (i) The account holder named in the order has 
21 terminated the account.
22    (ii) A difference in network technology would 
23 prevent or impair the functionality of a device on 
24 a network if the transfer occurs.
25    (iii) The transfer would cause a geographic or 
26 other limitation on network or service provision 
 
 
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1 to the petitioner.
2    (iv) Another technological or operational 
3 issue would prevent or impair the use of the 
4 telephone number if the transfer occurs.
5   (C) The petitioner assumes all financial 
6 responsibility for and right to the use of any 
7 telephone number transferred under this paragraph. In 
8 this paragraph, "financial responsibility" includes 
9 monthly service costs and costs associated with any 
10 mobile device associated with the number.
11   (D) A wireless telephone service provider may 
12 apply to the petitioner its routine and customary 
13 requirements for establishing an account or 
14 transferring a number, including requiring the 
15 petitioner to provide proof of identification, 
16 financial information, and customer preferences.

17   (E) Except for willful or wanton misconduct, a 
18 wireless telephone service provider is immune from 
19 civil liability for its actions taken in compliance 
20 with a court order issued under this paragraph.
21   (F) All wireless service providers that provide 
22 services to residential customers shall provide to the 
23 Illinois Commerce Commission the name and address of 
24 an agent for service of orders entered under this 
25 paragraph (18). Any change in status of the registered 
26 agent must be reported to the Illinois Commerce 
 
 
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1 Commission within 30 days of such change. 
2   (G) The Illinois Commerce Commission shall 
3 maintain the list of registered agents for service for 
4 each wireless telephone service provider on the 
5 Commission's website. The Commission may consult with 
6 wireless telephone service providers and the Circuit 
7 Court Clerks on the manner in which this information 
8 is provided and displayed. 
9 (c) Relevant factors; findings.

10  (1) In determining whether to grant a specific remedy, 
11 other than
payment of support, the court shall consider

12 relevant factors, including but not limited to the 
13 following:

14   (i) the nature, frequency, severity, pattern and 
15 consequences of the
respondent's past abuse, neglect 
16 or exploitation of the petitioner or
any family or 
17 household member, including the concealment of his or 
18 her
location in order to evade service of process or 
19 notice, and the likelihood of
danger of future abuse, 
20 neglect, or exploitation to petitioner or any member 
21 of
petitioner's or respondent's family or household; 
22 and

23   (ii) the danger that any minor child will be 
24 abused or neglected or
improperly relocated from the 
25 jurisdiction, improperly concealed within the
State or 
26 improperly separated from the child's primary 
 
 
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1 caretaker.

2  (2) In comparing relative hardships resulting to the 
3 parties from loss
of possession of the family home, the 
4 court shall consider relevant
factors, including but not 
5 limited to the following:

6   (i) availability, accessibility, cost, safety, 
7 adequacy, location and
other characteristics of 
8 alternate housing for each party and any minor child

9 or dependent adult in the party's care;

10   (ii) the effect on the party's employment; and

11   (iii) the effect on the relationship of the party, 
12 and any minor
child or dependent adult in the party's 
13 care, to family, school, church
and community.

14  (3) Subject to the exceptions set forth in paragraph 
15 (4) of this
subsection, the court shall make its findings 
16 in an official record or in
writing, and shall at a minimum 
17 set forth the following:

18   (i) That the court has considered the applicable 
19 relevant factors
described in paragraphs (1) and (2) 
20 of this subsection.

21   (ii) Whether the conduct or actions of respondent, 
22 unless
prohibited, will likely cause irreparable harm 
23 or continued abuse.

24   (iii) Whether it is necessary to grant the 
25 requested relief in order
to protect petitioner or 
26 other alleged abused persons.

 
 
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1  (4) For purposes of issuing an ex parte emergency 
2 order of protection,
the court, as an alternative to or as 
3 a supplement to making the findings
described in 
4 paragraphs (c)(3)(i) through (c)(3)(iii) of this 
5 subsection, may
use the following procedure:

6  When a verified petition for an emergency order of 
7 protection in
accordance with the requirements of Sections 
8 203 and 217 is
presented to the court, the court shall 
9 examine petitioner on oath or
affirmation. An emergency 
10 order of protection shall be issued by the court
if it 
11 appears from the contents of the petition and the 
12 examination of
petitioner that the averments are 
13 sufficient to indicate abuse by
respondent and to support 
14 the granting of relief under the issuance of the
emergency 
15 order of protection.

16  (5) Never married parties. No rights or 
17 responsibilities for a minor
child born outside of 
18 marriage attach to a putative father until a father and

19 child relationship has been established under the Illinois 
20 Parentage Act of
1984, the Illinois Parentage Act of 2015, 
21 the Illinois Public Aid Code, Section 12 of the Vital 
22 Records Act, the
Juvenile Court Act of 1987, the Probate 
23 Act of 1975, the Revised Uniform
Reciprocal Enforcement of 
24 Support Act, the Uniform Interstate Family Support
Act, 
25 the Expedited Child Support Act of 1990, any judicial, 
26 administrative, or
other act of another state or 
 
 
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1 territory, any other Illinois statute, or by any
foreign 
2 nation establishing the father and child relationship, any 
3 other
proceeding substantially in conformity with the 
4 Personal Responsibility and
Work Opportunity 
5 Reconciliation Act of 1996 (Pub. L. 104-193), or where 
6 both
parties appeared in open court or at an 
7 administrative hearing acknowledging
under
oath or 
8 admitting by affirmation the existence of a father and 
9 child
relationship.
Absent such an adjudication, finding, 
10 or acknowledgment, no putative
father shall be granted

11 temporary allocation of parental responsibilities, 
12 including parenting time with the minor child, or
physical 
13 care and possession of the minor child, nor shall an order 
14 of payment
for support of the minor child be entered.

15 (d) Balance of hardships; findings. If the court finds 
16that the balance
of hardships does not support the granting of 
17a remedy governed by
paragraph (2), (3), (10), (11), or (16) of 
18subsection (b) of this Section,
which may require such 
19balancing, the court's findings shall so
indicate and shall 
20include a finding as to whether granting the remedy will

21result in hardship to respondent that would substantially 
22outweigh the hardship
to petitioner from denial of the remedy. 
23The findings shall be an official
record or in writing.

24 (e) Denial of remedies. Denial of any remedy shall not be 
25based, in
whole or in part, on evidence that:

26  (1) Respondent has cause for any use of force, unless 
 
 
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1 that cause
satisfies the standards for justifiable use of 
2 force provided by Article
7 of the Criminal Code of 2012;

3  (2) Respondent was voluntarily intoxicated;

4  (3) Petitioner acted in self-defense or defense of 
5 another, provided
that, if petitioner utilized force, such 
6 force was justifiable under
Article 7 of the Criminal Code 
7 of 2012; 

8  (4) Petitioner did not act in self-defense or defense 
9 of another;

10  (5) Petitioner left the residence or household to 
11 avoid further abuse,
neglect, or exploitation by 
12 respondent;

13  (6) Petitioner did not leave the residence or 
14 household to avoid further
abuse, neglect, or exploitation 
15 by respondent;

16  (7) Conduct by any family or household member excused 
17 the abuse,
neglect, or exploitation by respondent, unless 
18 that same conduct would have
excused such abuse, neglect, 
19 or exploitation if the parties had not been
family or 
20 household members.

21(Source: P.A. 102-538, eff. 8-20-21.)


22 Section 95. No acceleration or delay. Where this Act makes 
23changes in a statute that is represented in this Act by text 
24that is not yet or no longer in effect (for example, a Section 
25represented by multiple versions), the use of that text does 
 
 
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1not accelerate or delay the taking effect of (i) the changes 
2made by this Act or (ii) provisions derived from any other 
3Public Act.


4 Section 99. Effective date. This Act takes effect July 1, 
52023.".