Bill Text: IL HB0676 | 2023-2024 | 103rd General Assembly | Engrossed


Bill Title: Amends the Counties Code. In the provision that the county board of any county may, by ordinance, regulate or prohibit within unincorporated areas the discharge of firearms in any residential area where such discharge is likely to subject residents or passersby to the risk of injury, defines "residential area" as any area within 1,000 (rather than 300) yards of at least 3 single or multi-family residential structures. Amends the Illinois Insurance Code. Creates the Task Force on Firearm Insurance to review current and potential future insurance policy offerings for the safe and legal possession of firearms and offer policymaking recommendations related to the use of that insurance. Provides that the Department of Insurance shall provide administrative support for the Task Force. Provides that the Task Force shall be comprised of specified members. Provides that the Task Force shall elect a chairperson from its membership. Provides that appointments shall be made within 90 days after the effective date of the amendatory Act. Provides that members shall serve without compensation. Provides that the Task Force shall submit a report of findings, recommendations, and other information to the Governor and the General Assembly by December 31, 2023. Provides that the Task Force is dissolved January 1, 2025. Amends the Firearm owners Identification Card Act. Provides that no person may acquire or possess any prepackaged explosive components within the State without having in his or her possession a Firearm Owner's Identification Card previously issued in his or her name by the Illinois State Police under the provisions of the Act. Provides exemptions. Amends the Criminal Code of 2012. Creates the offense of unlawful sale or delivery of prepackaged explosive components. Defines the offense and provides penalties for violation. Amends the Firearms Restraining Order Act. Expands the definition of "petitioner" to include intimate partners. Amends the Unified Code of Corrections. Eliminates the repeal date of the statute creating the First Time Weapon Offender Program. Changes the name of the Program to the First Time Weapon Offense Program. Deletes a provision that a defendant is not eligible for the Program if he or she is 21 years of age or older. Provides that the Program shall be at least 6 (rather than 18) months and not to exceed 18 (rather than 24) months. Makes other changes to the Program. Amends the Illinois Domestic Violence Act of 1986. Provides that actions for an order of protection may be commenced in conjunction with an emergency or plenary proceeding under the Firearms Restraining Order Act provided that a petitioner and the respondent are a party to or the subject of that proceeding. Allows the court to prohibit a respondent against whom an order of protection was issued from possessing any firearms during the duration of the order if the order (1) was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate, except in circumstances where an order is entered in conjunction with an affidavit or the verified petition for an emergency order of protection demonstrating exigent circumstances thereby justifying an entry of an emergency order without prior notice and (2) restrains such person from abusing the petitioner (rather than harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child). Prohibits the respondent of an order of protection prohibiting firearm possession to surrender any firearms from acquiring or possessing any firearms for the duration of the order of protection. Requires the court to immediately upon the entry of the order of protection prohibiting firearm possession issue a seizure order of any firearm in the possession of the respondent. Provides that the respondent shall be ordered to immediately surrender any firearms to the appropriate law enforcement agency and prohibited from transferring firearms to another individual in lieu of surrender to law enforcement. Provides that the relevant law enforcement agency shall provide a statement of receipt of any firearm seized or surrendered with a description of any firearm seized or surrendered to the respondent and the court, and that such statement shall be prima facie evidence of compliance with an order to surrender firearms. Allows a court to prohibit a respondent against whom an order of protection was issued from possessing any firearms during the duration of the order if certain prerequisites are satisfied. Makes conforming changes in the Code of Criminal Procedure of 1963. Makes other changes. Effective July 1, 2023.

Spectrum: Partisan Bill (Democrat 44-0)

Status: (Engrossed) 2023-10-27 - Added as Alternate Co-Sponsor Sen. Mike Porfirio [HB0676 Detail]

Download: Illinois-2023-HB0676-Engrossed.html



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1 AN ACT concerning safety.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 10. The Illinois Insurance Code is amended by
5adding Section 392.2 as follows:
6 (215 ILCS 5/392.2 new)
7 Sec. 392.2. Task Force on Firearm Insurance.
8 (a) The Task Force on Firearm Insurance is created for the
9purpose of reviewing public policy options relating to the
10insurance of firearms in the State of Illinois.
11 (b) The Department shall provide administrative support
12for the Task Force to review current and potential future
13insurance policy offerings for the safe and legal possession
14of firearms and offer policymaking recommendations related to
15the use of that insurance. The Task Force shall work
16cooperatively with the insurance industry, community
17organizations, advocacy groups, and appropriate State agencies
18to develop policy options related to insuring the ownership
19and use of firearms. The Task Force shall be comprised of the
20following members:
21 (1) One member of the General Assembly, appointed by
22 the Speaker of the House of Representatives.
23 (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

HB0676 Engrossed- 21 -LRB103 04267 CPF 49273 b
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

HB0676 Engrossed- 22 -LRB103 04267 CPF 49273 b
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, stun gun, or taser shall keep a
20record of the such transfer for a period of 10 years from the
21date of transfer. Any person within this State who receives
22any firearm, stun gun, or taser pursuant to subsection (a-10)
23shall provide a record of the transfer within 10 days of the
24transfer to a federally licensed firearm dealer and shall not
25be required to maintain a transfer record. The federally
26licensed firearm dealer shall maintain the transfer record for

HB0676 Engrossed- 23 -LRB103 04267 CPF 49273 b
120 years from the date of receipt. A federally licensed
2firearm dealer may charge a fee not to exceed $25 to retain the
3record. The record shall be provided and maintained in either
4an electronic or paper format. The federally licensed firearm
5dealer shall not be liable for the accuracy of any information
6in the transfer record submitted pursuant to this Section.
7Such records shall contain the date of the transfer; the
8description, serial number or other information identifying
9the firearm, stun gun, or taser if no serial number is
10available; and, if the transfer was completed within this
11State, the transferee's Firearm Owner's Identification Card
12number and any approval number or documentation provided by
13the Illinois State Police under pursuant to subsection (a-10)
14of this Section; if the transfer was not completed within this
15State, the record shall contain the name and address of the
16transferee. On or after January 1, 2006, the record shall
17contain the date of application for transfer of the firearm.
18On demand of a peace officer the such transferor shall produce
19for inspection such record of transfer. For any transfer
20pursuant to subsection (a-10) of this Section, on the demand
21of a peace officer, the such transferee shall identify the
22federally licensed firearm dealer maintaining the transfer
23record. If the transfer or sale took place at a gun show, the
24record shall include the unique identification number. Failure
25to record the unique identification number or approval number
26is a petty offense. For transfers of a firearm, stun gun, or

HB0676 Engrossed- 24 -LRB103 04267 CPF 49273 b
1taser made on or after January 18, 2019 (the effective date of
2Public Act 100-1178), failure by the private seller to
3maintain the transfer records in accordance with this Section,
4or failure by a transferee pursuant to subsection a-10 of this
5Section to identify the federally licensed firearm dealer
6maintaining the transfer record, is a Class A misdemeanor for
7the first offense and a Class 4 felony for a second or
8subsequent offense occurring within 10 years of the first
9offense and the second offense was committed after conviction
10of the first offense. Whenever any person who has not
11previously been convicted of any violation of subsection
12(a-5), the court may grant supervision pursuant to and
13consistent with the limitations of Section 5-6-1 of the
14Unified Code of Corrections. A transferee or transferor shall
15not be criminally liable under this Section provided that he
16or she provides the Illinois State Police with the transfer
17records in accordance with procedures established by the
18Illinois State Police. The Illinois State Police shall
19establish, by rule, a standard form on its website.
20 (b-5) Any resident may purchase ammunition from a person
21within or outside of Illinois if shipment is by United States
22mail or by a private express carrier authorized by federal law
23to ship ammunition. Any resident purchasing ammunition within
24or outside the State of Illinois must provide the seller with a
25copy of his or her valid Firearm Owner's Identification Card
26or valid concealed carry license and either his or her

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1Illinois driver's license or Illinois State Identification
2Card prior to the shipment of the ammunition. The ammunition
3may be shipped only to an address on either of those 2
4documents.
5 (c) The provisions of this Section regarding the transfer
6of firearm ammunition shall not apply to those persons
7specified in paragraph (b) of Section 2 of this Act.
8(Source: P.A. 102-538, eff. 8-20-21; 102-813, eff. 5-13-22;
9102-1116, eff. 1-10-23.)
10 (Text of Section after amendment by P.A. 102-237)
11 Sec. 3. (a) Except as provided in Section 3a, no person may
12knowingly transfer, or cause to be transferred, any firearm,
13firearm ammunition, prepackaged explosive components, stun
14gun, or taser to any person within this State unless the
15transferee with whom he deals displays either: (1) a currently
16valid Firearm Owner's Identification Card which has previously
17been issued in his or her name by the Illinois State Police
18under the provisions of this Act; or (2) a currently valid
19license to carry a concealed firearm which has previously been
20issued in his or her name by the Illinois State Police under
21the Firearm Concealed Carry Act. In addition, all firearm,
22stun gun, and taser transfers by federally licensed firearm
23dealers are subject to Section 3.1.
24 (a-5) Any person who is not a federally licensed firearm
25dealer and who desires to transfer or sell a firearm while that

HB0676 Engrossed- 26 -LRB103 04267 CPF 49273 b
1person is on the grounds of a gun show must, before selling or
2transferring the firearm, request the Illinois State Police to
3conduct a background check on the prospective recipient of the
4firearm in accordance with Section 3.1.
5 (a-10) Notwithstanding item (2) of subsection (a) of this
6Section, any person who is not a federally licensed firearm
7dealer and who desires to transfer or sell a firearm or
8firearms to any person who is not a federally licensed firearm
9dealer shall, before selling or transferring the firearms,
10contact a federal firearm license dealer under paragraph (1)
11of subsection (a-15) of this Section to conduct the transfer
12or the Illinois State Police with the transferee's or
13purchaser's Firearm Owner's Identification Card number to
14determine the validity of the transferee's or purchaser's
15Firearm Owner's Identification Card under State and federal
16law, including the National Instant Criminal Background Check
17System. This subsection shall not be effective until July 1,
182023. Until that date the transferor shall contact the
19Illinois State Police with the transferee's or purchaser's
20Firearm Owner's Identification Card number to determine the
21validity of the card. The Illinois State Police may adopt
22rules concerning the implementation of this subsection. The
23Illinois State Police shall provide the seller or transferor
24an approval number if the purchaser's Firearm Owner's
25Identification Card is valid. Approvals issued by the Illinois
26State Police for the purchase of a firearm pursuant to this

HB0676 Engrossed- 27 -LRB103 04267 CPF 49273 b
1subsection are valid for 30 days from the date of issue.
2 (a-15) The provisions of subsection (a-10) of this Section
3do not apply to:
4 (1) transfers that occur at the place of business of a
5 federally licensed firearm dealer, if the federally
6 licensed firearm dealer conducts a background check on the
7 prospective recipient of the firearm in accordance with
8 Section 3.1 of this Act and follows all other applicable
9 federal, State, and local laws as if he or she were the
10 seller or transferor of the firearm, although the dealer
11 is not required to accept the firearm into his or her
12 inventory. The purchaser or transferee may be required by
13 the federally licensed firearm dealer to pay a fee not to
14 exceed $25 per firearm, which the dealer may retain as
15 compensation for performing the functions required under
16 this paragraph, plus the applicable fees authorized by
17 Section 3.1;
18 (2) transfers as a bona fide gift to the transferor's
19 husband, wife, son, daughter, stepson, stepdaughter,
20 father, mother, stepfather, stepmother, brother, sister,
21 nephew, niece, uncle, aunt, grandfather, grandmother,
22 grandson, granddaughter, father-in-law, mother-in-law,
23 son-in-law, or daughter-in-law;
24 (3) transfers by persons acting pursuant to operation
25 of law or a court order;
26 (4) transfers on the grounds of a gun show under

HB0676 Engrossed- 28 -LRB103 04267 CPF 49273 b
1 subsection (a-5) of this Section;
2 (5) the delivery of a firearm by its owner to a
3 gunsmith for service or repair, the return of the firearm
4 to its owner by the gunsmith, or the delivery of a firearm
5 by a gunsmith to a federally licensed firearms dealer for
6 service or repair and the return of the firearm to the
7 gunsmith;
8 (6) temporary transfers that occur while in the home
9 of the unlicensed transferee, if the unlicensed transferee
10 is not otherwise prohibited from possessing firearms and
11 the unlicensed transferee reasonably believes that
12 possession of the firearm is necessary to prevent imminent
13 death or great bodily harm to the unlicensed transferee;
14 (7) transfers to a law enforcement or corrections
15 agency or a law enforcement or corrections officer acting
16 within the course and scope of his or her official duties;
17 (8) transfers of firearms that have been rendered
18 permanently inoperable to a nonprofit historical society,
19 museum, or institutional collection; and
20 (9) transfers to a person who is exempt from the
21 requirement of possessing a Firearm Owner's Identification
22 Card under Section 2 of this Act.
23 (a-20) The Illinois State Police shall develop an
24Internet-based system for individuals to determine the
25validity of a Firearm Owner's Identification Card prior to the
26sale or transfer of a firearm. The Illinois State Police shall

HB0676 Engrossed- 29 -LRB103 04267 CPF 49273 b
1have the Internet-based system updated and available for use
2by January 1, 2024. The Illinois State Police shall adopt
3rules not inconsistent with this Section to implement this
4system; but no rule shall allow the Illinois State Police to
5retain records in contravention of State and federal law.
6 (a-25) On or before January 1, 2022, the Illinois State
7Police shall develop an Internet-based system upon which the
8serial numbers of firearms that have been reported stolen are
9available for public access for individuals to ensure any
10firearms are not reported stolen prior to the sale or transfer
11of a firearm under this Section. The Illinois State Police
12shall have the Internet-based system completed and available
13for use by July 1, 2022. The Illinois State Police shall adopt
14rules not inconsistent with this Section to implement this
15system.
16 (b) Any person within this State who transfers or causes
17to be transferred any firearm, stun gun, or taser shall keep a
18record of such transfer for a period of 10 years from the date
19of transfer. Any person within this State who receives any
20firearm, stun gun, or taser pursuant to subsection (a-10)
21shall provide a record of the transfer within 10 days of the
22transfer to a federally licensed firearm dealer and shall not
23be required to maintain a transfer record. The federally
24licensed firearm dealer shall maintain the transfer record for
2520 years from the date of receipt. A federally licensed
26firearm dealer may charge a fee not to exceed $25 to retain the

HB0676 Engrossed- 30 -LRB103 04267 CPF 49273 b
1record. The record shall be provided and maintained in either
2an electronic or paper format. The federally licensed firearm
3dealer shall not be liable for the accuracy of any information
4in the transfer record submitted pursuant to this Section.
5Such records shall contain the date of the transfer; the
6description, serial number or other information identifying
7the firearm, stun gun, or taser if no serial number is
8available; and, if the transfer was completed within this
9State, the transferee's Firearm Owner's Identification Card
10number and any approval number or documentation provided by
11the Illinois State Police pursuant to subsection (a-10) of
12this Section; if the transfer was not completed within this
13State, the record shall contain the name and address of the
14transferee. On or after January 1, 2006, the record shall
15contain the date of application for transfer of the firearm.
16On demand of a peace officer the such transferor shall produce
17for inspection the such record of transfer. For any transfer
18pursuant to subsection (a-10) of this Section, on the demand
19of a peace officer, the such transferee shall identify the
20federally licensed firearm dealer maintaining the transfer
21record. If the transfer or sale took place at a gun show, the
22record shall include the unique identification number. Failure
23to record the unique identification number or approval number
24is a petty offense. For transfers of a firearm, stun gun, or
25taser made on or after January 18, 2019 (the effective date of
26Public Act 100-1178), failure by the private seller to

HB0676 Engrossed- 31 -LRB103 04267 CPF 49273 b
1maintain the transfer records in accordance with this Section,
2or failure by a transferee pursuant to subsection a-10 of this
3Section to identify the federally licensed firearm dealer
4maintaining the transfer record, is a Class A misdemeanor for
5the first offense and a Class 4 felony for a second or
6subsequent offense occurring within 10 years of the first
7offense and the second offense was committed after conviction
8of the first offense. Whenever any person who has not
9previously been convicted of any violation of subsection
10(a-5), the court may grant supervision pursuant to and
11consistent with the limitations of Section 5-6-1 of the
12Unified Code of Corrections. A transferee or transferor shall
13not be criminally liable under this Section provided that he
14or she provides the Illinois State Police with the transfer
15records in accordance with procedures established by the
16Illinois State Police. The Illinois State Police shall
17establish, by rule, a standard form on its website.
18 (b-5) Any resident may purchase ammunition from a person
19within or outside of Illinois if shipment is by United States
20mail or by a private express carrier authorized by federal law
21to ship ammunition. Any resident purchasing ammunition within
22or outside the State of Illinois must provide the seller with a
23copy of his or her valid Firearm Owner's Identification Card
24or valid concealed carry license and either his or her
25Illinois driver's license or Illinois State Identification
26Card prior to the shipment of the ammunition. The ammunition

HB0676 Engrossed- 32 -LRB103 04267 CPF 49273 b
1may be shipped only to an address on either of those 2
2documents.
3 (c) The provisions of this Section regarding the transfer
4of firearm ammunition shall not apply to those persons
5specified in paragraph (b) of Section 2 of this Act.
6(Source: P.A. 102-237, eff. 1-1-24; 102-538, eff. 8-20-21;
7102-813, eff. 5-13-22; 102-1116, eff. 1-10-23.)
8 Section 20. The Firearms Restraining Order Act is amended
9by changing Section 5 as follows:
10 (430 ILCS 67/5)
11 Sec. 5. Definitions. As used in this Act:
12 "Family member of the respondent" means a spouse, former
13spouse, person with whom the respondent has a minor child in
14common, parent, child, or step-child of the respondent, any
15other person related by blood or present marriage to the
16respondent, or a person who shares a common dwelling with the
17respondent.
18 "Firearms restraining order" means an order issued by the
19court, prohibiting and enjoining a named person from having in
20his or her custody or control, purchasing, possessing, or
21receiving any firearms or ammunition, or removing firearm
22parts that could be assembled to make an operable firearm.
23 "Intimate partner" means a spouse, former spouse, a person
24with whom the respondent has or allegedly has a child in

HB0676 Engrossed- 33 -LRB103 04267 CPF 49273 b
1common, or a person with whom the respondent has or has had a
2dating or engagement relationship.
3 "Petitioner" means:
4 (1) a family member of the respondent as defined in
5 this Act; or
6 (2) a law enforcement officer who files a petition
7 alleging that the respondent poses a danger of causing
8 personal injury to himself, herself, or another by having
9 in his or her custody or control, purchasing, possessing,
10 or receiving a firearm, ammunition, or firearm parts that
11 could be assembled to make an operable firearm or removing
12 firearm parts that could be assembled to make an operable
13 firearm; or
14 (3) intimate partner.
15 "Respondent" means the person alleged in the petition to
16pose a danger of causing personal injury to himself, herself,
17or another by having in his or her custody or control,
18purchasing, possessing, or receiving a firearm, ammunition, or
19firearm parts that could be assembled to make an operable
20firearm or removing firearm parts that could be assembled to
21make an operable firearm.
22(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
23 Section 25. The Criminal Code of 2012 is amended by adding
24Section 24-4.3 as follows:

HB0676 Engrossed- 34 -LRB103 04267 CPF 49273 b
1 (720 ILCS 5/24-4.3 new)
2 Sec. 24-4.3. Unlawful sale or delivery of prepackaged
3explosive components.
4 (a) A person commits unlawful sale or delivery of
5prepackaged explosive components when he or she knowingly does
6any of the following:
7 (1) Sells or gives prepackaged explosive components to
8 a person who is disqualified under the Firearm Owners
9 Identification Card Act.
10 (A) the person's Firearm Owner's Identification
11 Card is revoked or subject to revocation under Section
12 8 of the Firearm Owners Identification Card Act;
13 (B) the person's Firearm Owner's Identification
14 Card is expired and not otherwise eligible for renewal
15 under the Firearm Owners Identification Card Act; or
16 (C) the person does not possess a currently valid
17 Firearm Owner's Identification Card, and the person is
18 not otherwise eligible under the Firearm Owners
19 Identification Card Act.
20 (2) Sells or transfers prepackaged explosive
21 components to a person who does not display to the seller
22 or transferor of the prepackaged explosive components a
23 currently valid Firearm Owner's Identification Card that
24 has previously been issued in the transferee's name by the
25 Department of State Police under the Firearm Owners
26 Identification Card Act. This paragraph (2) does not apply

HB0676 Engrossed- 35 -LRB103 04267 CPF 49273 b
1 to the transfer of prepackaged explosive components to a
2 person who is exempt from the requirement of possessing a
3 Firearm Owner's Identification Card under Section 2 of the
4 Firearm Owners Identification Card Act. For the purposes
5 of this Section, a currently valid Firearm Owner's
6 Identification Card means a Firearm Owner's Identification
7 Card that has not expired.
8 (3) Sells or gives prepackaged explosive components
9 while engaged in the business of selling prepackaged
10 explosive components at wholesale or retail without being
11 licensed as a federal firearms dealer under Section 923 of
12 the federal Gun Control Act of 1968 (18 U.S.C. 923). In
13 this paragraph (3), a person "engaged in the business"
14 means a person who devotes time, attention, and labor to
15 engaging in the activity as a regular course of trade or
16 business with the principal objective of livelihood and
17 profit.
18 (b) For the purposes of this Section, "prepackaged
19explosive components" means a prepackaged product containing 2
20or more unmixed, commercially manufactured chemical substances
21that are not independently classified as explosives but which,
22when mixed or combined, results in an explosive material
23subject to regulation by the federal Bureau of Alcohol,
24Tobacco, Firearms, and Explosives under Title 27 CFR Part 555.
25 (c) All sellers or transferors who have complied with the
26requirements of this Section shall not be liable for damages

HB0676 Engrossed- 36 -LRB103 04267 CPF 49273 b
1in any civil action arising from the use or misuse by the
2transferee of the prepackaged explosive components
3transferred, except for willful or wanton misconduct on the
4part of the seller or transferor.
5 (d) Sentence. Any person who is convicted of unlawful sale
6or delivery of prepackaged explosive components commits a
7Class 4 felony.
8 Section 30. The Code of Criminal Procedure of 1963 is
9amended by changing Section 112A-14 as follows:
10 (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
11 Sec. 112A-14. Domestic violence order of protection;
12remedies.
13 (a) (Blank).
14 (b) The court may order any of the remedies listed in this
15subsection (b). The remedies listed in this subsection (b)
16shall be in addition to other civil or criminal remedies
17available to petitioner.
18 (1) Prohibition of abuse. Prohibit respondent's
19 harassment, interference with personal liberty,
20 intimidation of a dependent, physical abuse, or willful
21 deprivation, as defined in this Article, if such abuse has
22 occurred or otherwise appears likely to occur if not
23 prohibited.
24 (2) Grant of exclusive possession of residence.

HB0676 Engrossed- 37 -LRB103 04267 CPF 49273 b
1 Prohibit respondent from entering or remaining in any
2 residence, household, or premises of the petitioner,
3 including one owned or leased by respondent, if petitioner
4 has a right to occupancy thereof. The grant of exclusive
5 possession of the residence, household, or premises shall
6 not affect title to real property, nor shall the court be
7 limited by the standard set forth in subsection (c-2) of
8 Section 501 of the Illinois Marriage and Dissolution of
9 Marriage Act.
10 (A) Right to occupancy. A party has a right to
11 occupancy of a residence or household if it is solely
12 or jointly owned or leased by that party, that party's
13 spouse, a person with a legal duty to support that
14 party or a minor child in that party's care, or by any
15 person or entity other than the opposing party that
16 authorizes that party's occupancy (e.g., a domestic
17 violence shelter). Standards set forth in subparagraph
18 (B) shall not preclude equitable relief.
19 (B) Presumption of hardships. If petitioner and
20 respondent each has the right to occupancy of a
21 residence or household, the court shall balance (i)
22 the hardships to respondent and any minor child or
23 dependent adult in respondent's care resulting from
24 entry of this remedy with (ii) the hardships to
25 petitioner and any minor child or dependent adult in
26 petitioner's care resulting from continued exposure to

HB0676 Engrossed- 38 -LRB103 04267 CPF 49273 b
1 the risk of abuse (should petitioner remain at the
2 residence or household) or from loss of possession of
3 the residence or household (should petitioner leave to
4 avoid the risk of abuse). When determining the balance
5 of hardships, the court shall also take into account
6 the accessibility of the residence or household.
7 Hardships need not be balanced if respondent does not
8 have a right to occupancy.
9 The balance of hardships is presumed to favor
10 possession by petitioner unless the presumption is
11 rebutted by a preponderance of the evidence, showing
12 that the hardships to respondent substantially
13 outweigh the hardships to petitioner and any minor
14 child or dependent adult in petitioner's care. The
15 court, on the request of petitioner or on its own
16 motion, may order respondent to provide suitable,
17 accessible, alternate housing for petitioner instead
18 of excluding respondent from a mutual residence or
19 household.
20 (3) Stay away order and additional prohibitions. Order
21 respondent to stay away from petitioner or any other
22 person protected by the domestic violence order of
23 protection, or prohibit respondent from entering or
24 remaining present at petitioner's school, place of
25 employment, or other specified places at times when
26 petitioner is present, or both, if reasonable, given the

HB0676 Engrossed- 39 -LRB103 04267 CPF 49273 b
1 balance of hardships. Hardships need not be balanced for
2 the court to enter a stay away order or prohibit entry if
3 respondent has no right to enter the premises.
4 (A) If a domestic violence order of protection
5 grants petitioner exclusive possession of the
6 residence, prohibits respondent from entering the
7 residence, or orders respondent to stay away from
8 petitioner or other protected persons, then the court
9 may allow respondent access to the residence to remove
10 items of clothing and personal adornment used
11 exclusively by respondent, medications, and other
12 items as the court directs. The right to access shall
13 be exercised on only one occasion as the court directs
14 and in the presence of an agreed-upon adult third
15 party or law enforcement officer.
16 (B) When the petitioner and the respondent attend
17 the same public, private, or non-public elementary,
18 middle, or high school, the court when issuing a
19 domestic violence order of protection and providing
20 relief shall consider the severity of the act, any
21 continuing physical danger or emotional distress to
22 the petitioner, the educational rights guaranteed to
23 the petitioner and respondent under federal and State
24 law, the availability of a transfer of the respondent
25 to another school, a change of placement or a change of
26 program of the respondent, the expense, difficulty,

HB0676 Engrossed- 40 -LRB103 04267 CPF 49273 b
1 and educational disruption that would be caused by a
2 transfer of the respondent to another school, and any
3 other relevant facts of the case. The court may order
4 that the respondent not attend the public, private, or
5 non-public elementary, middle, or high school attended
6 by the petitioner, order that the respondent accept a
7 change of placement or change of program, as
8 determined by the school district or private or
9 non-public school, or place restrictions on the
10 respondent's movements within the school attended by
11 the petitioner. The respondent bears the burden of
12 proving by a preponderance of the evidence that a
13 transfer, change of placement, or change of program of
14 the respondent is not available. The respondent also
15 bears the burden of production with respect to the
16 expense, difficulty, and educational disruption that
17 would be caused by a transfer of the respondent to
18 another school. A transfer, change of placement, or
19 change of program is not unavailable to the respondent
20 solely on the ground that the respondent does not
21 agree with the school district's or private or
22 non-public school's transfer, change of placement, or
23 change of program or solely on the ground that the
24 respondent fails or refuses to consent or otherwise
25 does not take an action required to effectuate a
26 transfer, change of placement, or change of program.

HB0676 Engrossed- 41 -LRB103 04267 CPF 49273 b
1 When a court orders a respondent to stay away from the
2 public, private, or non-public school attended by the
3 petitioner and the respondent requests a transfer to
4 another attendance center within the respondent's
5 school district or private or non-public school, the
6 school district or private or non-public school shall
7 have sole discretion to determine the attendance
8 center to which the respondent is transferred. If the
9 court order results in a transfer of the minor
10 respondent to another attendance center, a change in
11 the respondent's placement, or a change of the
12 respondent's program, the parents, guardian, or legal
13 custodian of the respondent is responsible for
14 transportation and other costs associated with the
15 transfer or change.
16 (C) The court may order the parents, guardian, or
17 legal custodian of a minor respondent to take certain
18 actions or to refrain from taking certain actions to
19 ensure that the respondent complies with the order. If
20 the court orders a transfer of the respondent to
21 another school, the parents, guardian, or legal
22 custodian of the respondent is responsible for
23 transportation and other costs associated with the
24 change of school by the respondent.
25 (4) Counseling. Require or recommend the respondent to
26 undergo counseling for a specified duration with a social

HB0676 Engrossed- 42 -LRB103 04267 CPF 49273 b
1 worker, psychologist, clinical psychologist,
2 psychiatrist, family service agency, alcohol or substance
3 abuse program, mental health center guidance counselor,
4 agency providing services to elders, program designed for
5 domestic violence abusers, or any other guidance service
6 the court deems appropriate. The court may order the
7 respondent in any intimate partner relationship to report
8 to an Illinois Department of Human Services protocol
9 approved partner abuse intervention program for an
10 assessment and to follow all recommended treatment.
11 (5) Physical care and possession of the minor child.
12 In order to protect the minor child from abuse, neglect,
13 or unwarranted separation from the person who has been the
14 minor child's primary caretaker, or to otherwise protect
15 the well-being of the minor child, the court may do either
16 or both of the following: (i) grant petitioner physical
17 care or possession of the minor child, or both, or (ii)
18 order respondent to return a minor child to, or not remove
19 a minor child from, the physical care of a parent or person
20 in loco parentis.
21 If the respondent is charged with abuse (as defined in
22 Section 112A-3 of this Code) of a minor child, there shall
23 be a rebuttable presumption that awarding physical care to
24 respondent would not be in the minor child's best
25 interest.
26 (6) Temporary allocation of parental responsibilities

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1 and significant decision-making responsibilities. Award
2 temporary significant decision-making responsibility to
3 petitioner in accordance with this Section, the Illinois
4 Marriage and Dissolution of Marriage Act, the Illinois
5 Parentage Act of 2015, and this State's Uniform
6 Child-Custody Jurisdiction and Enforcement Act.
7 If the respondent is charged with abuse (as defined in
8 Section 112A-3 of this Code) of a minor child, there shall
9 be a rebuttable presumption that awarding temporary
10 significant decision-making responsibility to respondent
11 would not be in the child's best interest.
12 (7) Parenting time. Determine the parenting time, if
13 any, of respondent in any case in which the court awards
14 physical care or temporary significant decision-making
15 responsibility of a minor child to petitioner. The court
16 shall restrict or deny respondent's parenting time with a
17 minor child if the court finds that respondent has done or
18 is likely to do any of the following:
19 (i) abuse or endanger the minor child during
20 parenting time;
21 (ii) use the parenting time as an opportunity to
22 abuse or harass petitioner or petitioner's family or
23 household members;
24 (iii) improperly conceal or detain the minor
25 child; or
26 (iv) otherwise act in a manner that is not in the

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1 best interests of the minor child.
2 The court shall not be limited by the standards set
3 forth in Section 603.10 of the Illinois Marriage and
4 Dissolution of Marriage Act. If the court grants parenting
5 time, the order shall specify dates and times for the
6 parenting time to take place or other specific parameters
7 or conditions that are appropriate. No order for parenting
8 time shall refer merely to the term "reasonable parenting
9 time". Petitioner may deny respondent access to the minor
10 child if, when respondent arrives for parenting time,
11 respondent is under the influence of drugs or alcohol and
12 constitutes a threat to the safety and well-being of
13 petitioner or petitioner's minor children or is behaving
14 in a violent or abusive manner. If necessary to protect
15 any member of petitioner's family or household from future
16 abuse, respondent shall be prohibited from coming to
17 petitioner's residence to meet the minor child for
18 parenting time, and the petitioner and respondent shall
19 submit to the court their recommendations for reasonable
20 alternative arrangements for parenting time. A person may
21 be approved to supervise parenting time only after filing
22 an affidavit accepting that responsibility and
23 acknowledging accountability to the court.
24 (8) Removal or concealment of minor child. Prohibit
25 respondent from removing a minor child from the State or
26 concealing the child within the State.

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1 (9) Order to appear. Order the respondent to appear in
2 court, alone or with a minor child, to prevent abuse,
3 neglect, removal or concealment of the child, to return
4 the child to the custody or care of the petitioner, or to
5 permit any court-ordered interview or examination of the
6 child or the respondent.
7 (10) Possession of personal property. Grant petitioner
8 exclusive possession of personal property and, if
9 respondent has possession or control, direct respondent to
10 promptly make it available to petitioner, if:
11 (i) petitioner, but not respondent, owns the
12 property; or
13 (ii) the petitioner and respondent own the
14 property jointly; sharing it would risk abuse of
15 petitioner by respondent or is impracticable; and the
16 balance of hardships favors temporary possession by
17 petitioner.
18 If petitioner's sole claim to ownership of the
19 property is that it is marital property, the court may
20 award petitioner temporary possession thereof under the
21 standards of subparagraph (ii) of this paragraph only if a
22 proper proceeding has been filed under the Illinois
23 Marriage and Dissolution of Marriage Act, as now or
24 hereafter amended.
25 No order under this provision shall affect title to
26 property.

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1 (11) Protection of property. Forbid the respondent
2 from taking, transferring, encumbering, concealing,
3 damaging, or otherwise disposing of any real or personal
4 property, except as explicitly authorized by the court,
5 if:
6 (i) petitioner, but not respondent, owns the
7 property; or
8 (ii) the petitioner and respondent own the
9 property jointly, and the balance of hardships favors
10 granting this remedy.
11 If petitioner's sole claim to ownership of the
12 property is that it is marital property, the court may
13 grant petitioner relief under subparagraph (ii) of this
14 paragraph only if a proper proceeding has been filed under
15 the Illinois Marriage and Dissolution of Marriage Act, as
16 now or hereafter amended.
17 The court may further prohibit respondent from
18 improperly using the financial or other resources of an
19 aged member of the family or household for the profit or
20 advantage of respondent or of any other person.
21 (11.5) Protection of animals. Grant the petitioner the
22 exclusive care, custody, or control of any animal owned,
23 possessed, leased, kept, or held by either the petitioner
24 or the respondent or a minor child residing in the
25 residence or household of either the petitioner or the
26 respondent and order the respondent to stay away from the

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1 animal and forbid the respondent from taking,
2 transferring, encumbering, concealing, harming, or
3 otherwise disposing of the animal.
4 (12) Order for payment of support. Order respondent to
5 pay temporary support for the petitioner or any child in
6 the petitioner's care or over whom the petitioner has been
7 allocated parental responsibility, when the respondent has
8 a legal obligation to support that person, in accordance
9 with the Illinois Marriage and Dissolution of Marriage
10 Act, which shall govern, among other matters, the amount
11 of support, payment through the clerk and withholding of
12 income to secure payment. An order for child support may
13 be granted to a petitioner with lawful physical care of a
14 child, or an order or agreement for physical care of a
15 child, prior to entry of an order allocating significant
16 decision-making responsibility. Such a support order shall
17 expire upon entry of a valid order allocating parental
18 responsibility differently and vacating petitioner's
19 significant decision-making responsibility unless
20 otherwise provided in the order.
21 (13) Order for payment of losses. Order respondent to
22 pay petitioner for losses suffered as a direct result of
23 the abuse. Such losses shall include, but not be limited
24 to, medical expenses, lost earnings or other support,
25 repair or replacement of property damaged or taken,
26 reasonable attorney's fees, court costs, and moving or

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1 other travel expenses, including additional reasonable
2 expenses for temporary shelter and restaurant meals.
3 (i) Losses affecting family needs. If a party is
4 entitled to seek maintenance, child support, or
5 property distribution from the other party under the
6 Illinois Marriage and Dissolution of Marriage Act, as
7 now or hereafter amended, the court may order
8 respondent to reimburse petitioner's actual losses, to
9 the extent that such reimbursement would be
10 "appropriate temporary relief", as authorized by
11 subsection (a)(3) of Section 501 of that Act.
12 (ii) Recovery of expenses. In the case of an
13 improper concealment or removal of a minor child, the
14 court may order respondent to pay the reasonable
15 expenses incurred or to be incurred in the search for
16 and recovery of the minor child, including, but not
17 limited to, legal fees, court costs, private
18 investigator fees, and travel costs.
19 (14) Prohibition of entry. Prohibit the respondent
20 from entering or remaining in the residence or household
21 while the respondent is under the influence of alcohol or
22 drugs and constitutes a threat to the safety and
23 well-being of the petitioner or the petitioner's children.
24 (14.5) Prohibition of firearm possession.
25 (A) A person who is subject to an existing
26 domestic violence order of protection issued under

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1 this Code may not lawfully possess weapons or a
2 Firearm Owner's Identification Card under Section 8.2
3 of the Firearm Owners Identification Card Act.
4 (B) Any firearms in the possession of the
5 respondent, except as provided in subparagraph (C) of
6 this paragraph (14.5), shall be ordered by the court
7 to be turned over to a local law enforcement agency
8 person with a valid Firearm Owner's Identification
9 Card for safekeeping and the respondent shall be
10 prohibited from acquiring or possessing any firearms
11 for the duration of the order of protection. The court
12 shall issue an order that the respondent comply with
13 Section 9.5 of the Firearm Owners Identification Card
14 Act.
15 (B-1) Immediately upon entry of an order of
16 protection prohibiting firearm possession under this
17 Section, the court shall issue a seizure order of any
18 firearm in the possession of the respondent, to be
19 kept by the local law enforcement agency for
20 safekeeping, except as provided in subparagraph (C). A
21 return of the seizure order shall be filed by the law
22 enforcement agency within 48 hours thereafter, setting
23 forth the time, date, and location that the seizure
24 order was executed and what items, if any, were
25 seized. The petitioner's general description of the
26 firearm or firearms and their location shall be

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1 sufficient to support issuing a seizure order. If the
2 seizure order is not served within 48 hours because
3 the respondent cannot be located, law enforcement
4 shall file the statement of receipt explaining the
5 efforts and attempts made to serve the order on the
6 respondent. The period of safekeeping shall be for the
7 duration of the 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 If the respondent fails to surrender the respondent's
19 weapons in accordance with the order to surrender, the
20 law enforcement agency shall file a statement of
21 receipt explaining how and when the order was served
22 and that the respondent did not comply within the
23 required time. This statement of receipt shall be
24 prima facie evidence of compliance with an order to
25 surrender firearms.
26 (C) If the respondent is a peace officer as

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1 defined in Section 2-13 of the Criminal Code of 2012,
2 the court shall order that any firearms used by the
3 respondent in the performance of his or her duties as a
4 peace officer be surrendered to the chief law
5 enforcement executive of the agency in which the
6 respondent is employed, who shall retain the firearms
7 for safekeeping for the duration of the domestic
8 violence order of protection.
9 (D) Upon expiration of the period of safekeeping,
10 if the firearms or Firearm Owner's Identification Card
11 cannot be returned to respondent because respondent
12 cannot be located, fails to respond to requests to
13 retrieve the firearms, or is not lawfully eligible to
14 possess a firearm, upon petition from the local law
15 enforcement agency, the court may order the local law
16 enforcement agency to destroy the firearms, use the
17 firearms for training purposes, or for any other
18 application as deemed appropriate by the local law
19 enforcement agency; or that the firearms be turned
20 over to a third party who is lawfully eligible to
21 possess firearms, and who does not reside with
22 respondent.
23 (15) Prohibition of access to records. If a domestic
24 violence order of protection prohibits respondent from
25 having contact with the minor child, or if petitioner's
26 address is omitted under subsection (b) of Section 112A-5

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1 of this Code, or if necessary to prevent abuse or wrongful
2 removal or concealment of a minor child, the order shall
3 deny respondent access to, and prohibit respondent from
4 inspecting, obtaining, or attempting to inspect or obtain,
5 school or any other records of the minor child who is in
6 the care of petitioner.
7 (16) Order for payment of shelter services. Order
8 respondent to reimburse a shelter providing temporary
9 housing and counseling services to the petitioner for the
10 cost of the services, as certified by the shelter and
11 deemed reasonable by the court.
12 (17) Order for injunctive relief. Enter injunctive
13 relief necessary or appropriate to prevent further abuse
14 of a family or household member or to effectuate one of the
15 granted remedies, if supported by the balance of
16 hardships. If the harm to be prevented by the injunction
17 is abuse or any other harm that one of the remedies listed
18 in paragraphs (1) through (16) of this subsection is
19 designed to prevent, no further evidence is necessary to
20 establish that the harm is an irreparable injury.
21 (18) Telephone services.
22 (A) Unless a condition described in subparagraph
23 (B) of this paragraph exists, the court may, upon
24 request by the petitioner, order a wireless telephone
25 service provider to transfer to the petitioner the
26 right to continue to use a telephone number or numbers

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1 indicated by the petitioner and the financial
2 responsibility associated with the number or numbers,
3 as set forth in subparagraph (C) of this paragraph. In
4 this paragraph (18), the term "wireless telephone
5 service provider" means a provider of commercial
6 mobile service as defined in 47 U.S.C. 332. The
7 petitioner may request the transfer of each telephone
8 number that the petitioner, or a minor child in his or
9 her custody, uses. The clerk of the court shall serve
10 the order on the wireless telephone service provider's
11 agent for service of process provided to the Illinois
12 Commerce Commission. The order shall contain all of
13 the following:
14 (i) The name and billing telephone number of
15 the account holder including the name of the
16 wireless telephone service provider that serves
17 the account.
18 (ii) Each telephone number that will be
19 transferred.
20 (iii) A statement that the provider transfers
21 to the petitioner all financial responsibility for
22 and right to the use of any telephone number
23 transferred under this paragraph.
24 (B) A wireless telephone service provider shall
25 terminate the respondent's use of, and shall transfer
26 to the petitioner use of, the telephone number or

HB0676 Engrossed- 54 -LRB103 04267 CPF 49273 b
1 numbers indicated in subparagraph (A) of this
2 paragraph unless it notifies the petitioner, within 72
3 hours after it receives the order, that one of the
4 following applies:
5 (i) The account holder named in the order has
6 terminated the account.
7 (ii) A difference in network technology would
8 prevent or impair the functionality of a device on
9 a network if the transfer occurs.
10 (iii) The transfer would cause a geographic or
11 other limitation on network or service provision
12 to the petitioner.
13 (iv) Another technological or operational
14 issue would prevent or impair the use of the
15 telephone number if the transfer occurs.
16 (C) The petitioner assumes all financial
17 responsibility for and right to the use of any
18 telephone number transferred under this paragraph. In
19 this paragraph, "financial responsibility" includes
20 monthly service costs and costs associated with any
21 mobile device associated with the number.
22 (D) A wireless telephone service provider may
23 apply to the petitioner its routine and customary
24 requirements for establishing an account or
25 transferring a number, including requiring the
26 petitioner to provide proof of identification,

HB0676 Engrossed- 55 -LRB103 04267 CPF 49273 b
1 financial information, and customer preferences.
2 (E) Except for willful or wanton misconduct, a
3 wireless telephone service provider is immune from
4 civil liability for its actions taken in compliance
5 with a court order issued under this paragraph.
6 (F) All wireless service providers that provide
7 services to residential customers shall provide to the
8 Illinois Commerce Commission the name and address of
9 an agent for service of orders entered under this
10 paragraph (18). Any change in status of the registered
11 agent must be reported to the Illinois Commerce
12 Commission within 30 days of such change.
13 (G) The Illinois Commerce Commission shall
14 maintain the list of registered agents for service for
15 each wireless telephone service provider on the
16 Commission's website. The Commission may consult with
17 wireless telephone service providers and the Circuit
18 Court Clerks on the manner in which this information
19 is provided and displayed.
20 (c) Relevant factors; findings.
21 (1) In determining whether to grant a specific remedy,
22 other than payment of support, the court shall consider
23 relevant factors, including, but not limited to, the
24 following:
25 (i) the nature, frequency, severity, pattern, and
26 consequences of the respondent's past abuse of the

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1 petitioner or any family or household member,
2 including the concealment of his or her location in
3 order to evade service of process or notice, and the
4 likelihood of danger of future abuse to petitioner or
5 any member of petitioner's or respondent's family or
6 household; and
7 (ii) the danger that any minor child will be
8 abused or neglected or improperly relocated from the
9 jurisdiction, improperly concealed within the State,
10 or improperly separated from the child's primary
11 caretaker.
12 (2) In comparing relative hardships resulting to the
13 parties from loss of possession of the family home, the
14 court shall consider relevant factors, including, but not
15 limited to, the following:
16 (i) availability, accessibility, cost, safety,
17 adequacy, location, and other characteristics of
18 alternate housing for each party and any minor child
19 or dependent adult in the party's care;
20 (ii) the effect on the party's employment; and
21 (iii) the effect on the relationship of the party,
22 and any minor child or dependent adult in the party's
23 care, to family, school, church, and community.
24 (3) Subject to the exceptions set forth in paragraph
25 (4) of this subsection (c), the court shall make its
26 findings in an official record or in writing, and shall at

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1 a minimum set forth the following:
2 (i) That the court has considered the applicable
3 relevant factors described in paragraphs (1) and (2)
4 of this subsection (c).
5 (ii) Whether the conduct or actions of respondent,
6 unless prohibited, will likely cause irreparable harm
7 or continued abuse.
8 (iii) Whether it is necessary to grant the
9 requested relief in order to protect petitioner or
10 other alleged abused persons.
11 (4) (Blank).
12 (5) Never married parties. No rights or
13 responsibilities for a minor child born outside of
14 marriage attach to a putative father until a father and
15 child relationship has been established under the Illinois
16 Parentage Act of 1984, the Illinois Parentage Act of 2015,
17 the Illinois Public Aid Code, Section 12 of the Vital
18 Records Act, the Juvenile Court Act of 1987, the Probate
19 Act of 1975, the Uniform Interstate Family Support Act,
20 the Expedited Child Support Act of 1990, any judicial,
21 administrative, or other act of another state or
22 territory, any other statute of this State, or by any
23 foreign nation establishing the father and child
24 relationship, any other proceeding substantially in
25 conformity with the federal Personal Responsibility and
26 Work Opportunity Reconciliation Act of 1996, or when both

HB0676 Engrossed- 58 -LRB103 04267 CPF 49273 b
1 parties appeared in open court or at an administrative
2 hearing acknowledging under oath or admitting by
3 affirmation the existence of a father and child
4 relationship. Absent such an adjudication, no putative
5 father shall be granted temporary allocation of parental
6 responsibilities, including parenting time with the minor
7 child, or physical care and possession of the minor child,
8 nor shall an order of payment for support of the minor
9 child be entered.
10 (d) Balance of hardships; findings. If the court finds
11that the balance of hardships does not support the granting of
12a remedy governed by paragraph (2), (3), (10), (11), or (16) of
13subsection (b) of this Section, which may require such
14balancing, the court's findings shall so indicate and shall
15include a finding as to whether granting the remedy will
16result in hardship to respondent that would substantially
17outweigh the hardship to petitioner from denial of the remedy.
18The findings shall be an official record or in writing.
19 (e) Denial of remedies. Denial of any remedy shall not be
20based, in whole or in part, on evidence that:
21 (1) respondent has cause for any use of force, unless
22 that cause satisfies the standards for justifiable use of
23 force provided by Article 7 of the Criminal Code of 2012;
24 (2) respondent was voluntarily intoxicated;
25 (3) petitioner acted in self-defense or defense of
26 another, provided that, if petitioner utilized force, such

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1 force was justifiable under Article 7 of the Criminal Code
2 of 2012;
3 (4) petitioner did not act in self-defense or defense
4 of another;
5 (5) petitioner left the residence or household to
6 avoid further abuse by respondent;
7 (6) petitioner did not leave the residence or
8 household to avoid further abuse by respondent; or
9 (7) conduct by any family or household member excused
10 the abuse by respondent, unless that same conduct would
11 have excused such abuse if the parties had not been family
12 or household members.
13(Source: P.A. 101-81, eff. 7-12-19; 102-237, eff. 1-1-22;
14102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
15 Section 35. The Unified Code of Corrections is amended by
16changing Section 5-6-3.6 as follows:
17 (730 ILCS 5/5-6-3.6)
18 (Section scheduled to be repealed on January 1, 2024)
19 Sec. 5-6-3.6. First Time Weapon Offense Offender Program.
20 (a) The General Assembly has sought to promote public
21safety, reduce recidivism, and conserve valuable resources of
22the criminal justice system through the creation of diversion
23programs for non-violent offenders. This amendatory Act of the
24103rd General Assembly amendatory Act of the 100th General

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1Assembly establishes a pilot program for first-time,
2non-violent offenders charged with certain weapons possession
3offenses. The General Assembly recognizes some persons,
4particularly young adults in areas of high crime or poverty,
5may have experienced trauma that contributes to poor decision
6making skills, and the creation of a diversionary program
7poses a greater benefit to the community and the person than
8incarceration. Under this program, a court, with the consent
9of the defendant and the State's Attorney, may sentence a
10defendant charged with an unlawful use of weapons offense
11under Section 24-1 of the Criminal Code of 2012 or aggravated
12unlawful use of a weapon offense under Section 24-1.6 of the
13Criminal Code of 2012, if punishable as a Class 4 felony or
14lower, to a First Time Weapon Offense Offender Program.
15 (b) A defendant is not eligible for this Program if:
16 (1) the offense was committed during the commission of
17 a violent offense as defined in subsection (h) of this
18 Section;
19 (2) he or she has previously been convicted or placed
20 on probation or conditional discharge for any violent
21 offense under the laws of this State, the laws of any other
22 state, or the laws of the United States;
23 (3) he or she had a prior successful completion of the
24 First Time Weapon Offense Offender Program under this
25 Section;
26 (4) he or she has previously been adjudicated a

HB0676 Engrossed- 61 -LRB103 04267 CPF 49273 b
1 delinquent minor for the commission of a violent offense;
2 (5) (blank); or he or she is 21 years of age or older;
3 or
4 (6) he or she has an existing order of protection
5 issued against him or her.
6 (b-5) In considering whether a defendant shall be
7sentenced to the First Time Weapon Offense Offender Program,
8the court shall consider the following:
9 (1) the age, immaturity, or limited mental capacity of
10 the defendant;
11 (2) the nature and circumstances of the offense;
12 (3) whether participation in the Program is in the
13 interest of the defendant's rehabilitation, including any
14 employment or involvement in community, educational,
15 training, or vocational programs;
16 (4) whether the defendant suffers from trauma, as
17 supported by documentation or evaluation by a licensed
18 professional; and
19 (5) the potential risk to public safety.
20 (c) For an offense committed on or after January 1, 2018
21(the effective date of Public Act 100-3) and before January 1,
222024, whenever an eligible person pleads guilty to an unlawful
23use of weapons offense under Section 24-1 of the Criminal Code
24of 2012 or aggravated unlawful use of a weapon offense under
25Section 24-1.6 of the Criminal Code of 2012, which is
26punishable as a Class 4 felony or lower, the court, with the

HB0676 Engrossed- 62 -LRB103 04267 CPF 49273 b
1consent of the defendant and the State's Attorney, may,
2without entering a judgment, sentence the defendant to
3complete the First Time Weapon Offense Offender Program. When
4a defendant is placed in the Program, the court shall defer
5further proceedings in the case until the conclusion of the
6period or until the filing of a petition alleging violation of
7a term or condition of the Program. Upon violation of a term or
8condition of the Program, the court may enter a judgment on its
9original finding of guilt and proceed as otherwise provided by
10law. Upon fulfillment of the terms and conditions of the
11Program, the court shall discharge the person and dismiss the
12proceedings against the person.
13 (d) The Program shall be at least 6 18 months and not to
14exceed 18 24 months, as determined by the court at the
15recommendation of the Program administrator and the State's
16Attorney. The Program administrator may be appointed by the
17Chief Judge of each Judicial Circuit.
18 (e) The conditions of the Program shall be that the
19defendant:
20 (1) not violate any criminal statute of this State or
21 any other jurisdiction;
22 (2) refrain from possessing a firearm or other
23 dangerous weapon;
24 (3) (blank); obtain or attempt to obtain employment;
25 (4) (blank); attend educational courses designed to
26 prepare the defendant for obtaining a high school diploma

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1 or to work toward passing high school equivalency testing
2 or to work toward completing a vocational training
3 program;
4 (5) (blank); refrain from having in his or her body
5 the presence of any illicit drug prohibited by the
6 Methamphetamine Control and Community Protection Act, the
7 Cannabis Control Act, or the Illinois Controlled
8 Substances Act, unless prescribed by a physician, and
9 submit samples of his or her blood or urine or both for
10 tests to determine the presence of any illicit drug;
11 (6) (blank); perform a minimum of 50 hours of
12 community service;
13 (7) attend and participate in any Program activities
14 deemed required by the Program administrator, such as
15 including but not limited to: counseling sessions,
16 in-person and over the phone check-ins, and educational
17 classes; and
18 (8) (blank). pay all fines, assessments, fees, and
19 costs.
20 (f) The Program may, in addition to other conditions,
21require that the defendant:
22 (1) obtain or attempt to obtain employment wear an
23 ankle bracelet with GPS tracking;
24 (2) attend educational courses designed to prepare the
25 defendant for obtaining a high school diploma or to work
26 toward passing high school equivalency testing or to work

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1 toward completing a vocational training program undergo
2 medical or psychiatric treatment, or treatment or
3 rehabilitation approved by the Department of Human
4 Services; and
5 (3) refrain from having in his or her body the
6 presence of any illicit drug prohibited by the
7 Methamphetamine Control and Community Protection Act or
8 the Illinois Controlled Substances Act, unless prescribed
9 by a physician, and submit samples of his or her blood or
10 urine or both for tests to determine the presence of any
11 illicit drug;
12 (4) perform community service; attend or reside in a
13 facility established for the instruction or residence of
14 defendants on probation.
15 (5) pay all fines, assessments, fees, and costs; and
16 (6) comply with such other reasonable conditions as
17 the court may impose.
18 (g) There may be only one discharge and dismissal under
19this Section. If a person is convicted of any offense which
20occurred within 5 years subsequent to a discharge and
21dismissal under this Section, the discharge and dismissal
22under this Section shall be admissible in the sentencing
23proceeding for that conviction as evidence in aggravation.
24 (h) For purposes of this Section, "violent offense" means
25any offense in which bodily harm was inflicted or force was
26used against any person or threatened against any person; any

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1offense involving the possession of a firearm or dangerous
2weapon; any offense involving sexual conduct, sexual
3penetration, or sexual exploitation; violation of an order of
4protection, stalking, hate crime, domestic battery, or any
5offense of domestic violence.
6 (i) (Blank). This Section is repealed on January 1, 2024.
7(Source: P.A. 102-245, eff. 8-3-21; 102-1109, eff. 12-21-22.)
8 Section 40. The Illinois Domestic Violence Act of 1986 is
9amended by changing Sections 202 and 214 as follows:
10 (750 ILCS 60/202) (from Ch. 40, par. 2312-2)
11 Sec. 202. Commencement of action; filing fees; dismissal.
12 (a) How to commence action. Actions for orders of
13protection are commenced:
14 (1) Independently: By filing a petition for an order
15 of protection in any civil court, unless specific courts
16 are designated by local rule or order.
17 (2) In conjunction with another civil proceeding: By
18 filing a petition for an order of protection under the
19 same case number as another civil proceeding involving the
20 parties, including, but not limited to: (i) any proceeding
21 under the Illinois Marriage and Dissolution of Marriage
22 Act, Illinois Parentage Act of 2015, Nonsupport of Spouse
23 and Children Act, or Revised Uniform Reciprocal
24 Enforcement of Support Act or an action for nonsupport

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1 brought under Article X of the Illinois Public Aid Code,
2 provided that a petitioner and the respondent are a party
3 to or the subject of that proceeding; or (ii) a
4 guardianship proceeding under the Probate Act of 1975, or
5 a proceeding for involuntary commitment under the Mental
6 Health and Developmental Disabilities Code, or any
7 proceeding, other than a delinquency petition, under the
8 Juvenile Court Act of 1987, provided that a petitioner or
9 the respondent is a party to or the subject of such
10 proceeding; or (iii) an emergency or plenary proceeding
11 under the Firearms Restraining Order Act provided that a
12 petitioner and the respondent are a party to or the
13 subject of that proceeding.
14 (3) In conjunction with a delinquency petition or a
15 criminal prosecution as provided in Section 112A-20 of the
16 Code of Criminal Procedure of 1963.
17 (a-1) A petition for an order of protection may be filed in
18person in-person or online.
19 (a-5) When a petition for an emergency order of protection
20is filed, the petition shall not be publicly available until
21the petition is served on the respondent.
22 (b) Filing, certification, and service fees. No fee shall
23be charged by the clerk for filing, amending, vacating,
24certifying, or photocopying petitions or orders; or for
25issuing alias summons; or for any related filing service. No
26fee shall be charged by the sheriff for service by the sheriff

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1of a petition, rule, motion, or order in an action commenced
2under this Section.
3 (c) Dismissal and consolidation. Withdrawal or dismissal
4of any petition for an order of protection prior to
5adjudication where the petitioner is represented by the State
6shall operate as a dismissal without prejudice. No action for
7an order of protection shall be dismissed because the
8respondent is being prosecuted for a crime against the
9petitioner. An independent action may be consolidated with
10another civil proceeding, as provided by paragraph (2) of
11subsection (a) of this Section. For any action commenced under
12paragraph (2) or (3) of subsection (a) of this Section,
13dismissal of the conjoined case (or a finding of not guilty)
14shall not require dismissal of the action for the order of
15protection; instead, it may be treated as an independent
16action and, if necessary and appropriate, transferred to a
17different court or division. Dismissal of any conjoined case
18shall not affect the validity of any previously issued order
19of protection, and thereafter subsections (b)(1) and (b)(2) of
20Section 220 shall be inapplicable to such order.
21 (d) Pro se petitions. The court shall provide, through the
22office of the clerk of the court, simplified forms and
23clerical assistance to help with the writing and filing of a
24petition under this Section by any person not represented by
25counsel. In addition, that assistance may be provided by the
26State's Attorney state's attorney.

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1 (e) As provided in this subsection, the administrative
2director of the Administrative Office of the Illinois Courts,
3with the approval of the administrative board of the courts,
4may adopt rules to establish and implement a pilot program to
5allow the electronic filing of petitions for temporary orders
6of protection and the issuance of such orders by audio-visual
7means to accommodate litigants for whom attendance in court to
8file for and obtain emergency relief would constitute an undue
9hardship or would constitute a risk of harm to the litigant.
10 (1) As used in this subsection:
11 (A) "Electronic means" means any method of
12 transmission of information between computers or other
13 machines designed for the purpose of sending or
14 receiving electronic transmission and that allows for
15 the recipient of information to reproduce the
16 information received in a tangible medium of
17 expression.
18 (B) "Independent audio-visual system" means an
19 electronic system for the transmission and receiving
20 of audio and visual signals, including those with the
21 means to preclude the unauthorized reception and
22 decoding of the signals by commercially available
23 television receivers, channel converters, or other
24 available receiving devices.
25 (C) "Electronic appearance" means an appearance in
26 which one or more of the parties are not present in the

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1 court, but in which, by means of an independent
2 audio-visual system, all of the participants are
3 simultaneously able to see and hear reproductions of
4 the voices and images of the judge, counsel, parties,
5 witnesses, and any other participants.
6 (2) Any pilot program under this subsection (e) shall
7 be developed by the administrative director or his or her
8 delegate in consultation with at least one local
9 organization providing assistance to domestic violence
10 victims. The program plan shall include, but not be
11 limited to:
12 (A) identification of agencies equipped with or
13 that have access to an independent audio-visual system
14 and electronic means for filing documents; and
15 (B) identification of one or more organizations
16 who are trained and available to assist petitioners in
17 preparing and filing petitions for temporary orders of
18 protection and in their electronic appearances before
19 the court to obtain such orders; and
20 (C) identification of the existing resources
21 available in local family courts for the
22 implementation and oversight of the pilot program; and
23 (D) procedures for filing petitions and documents
24 by electronic means, swearing in the petitioners and
25 witnesses, preparation of a transcript of testimony
26 and evidence presented, and a prompt transmission of

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1 any orders issued to the parties; and
2 (E) a timeline for implementation and a plan for
3 informing the public about the availability of the
4 program; and
5 (F) a description of the data to be collected in
6 order to evaluate and make recommendations for
7 improvements to the pilot program.
8 (3) In conjunction with an electronic appearance, any
9 petitioner for an ex parte temporary order of protection
10 may, using the assistance of a trained advocate if
11 necessary, commence the proceedings by filing a petition
12 by electronic means.
13 (A) A petitioner who is seeking an ex parte
14 temporary order of protection using an electronic
15 appearance must file a petition in advance of the
16 appearance and may do so electronically.
17 (B) The petitioner must show that traveling to or
18 appearing in court would constitute an undue hardship
19 or create a risk of harm to the petitioner. In granting
20 or denying any relief sought by the petitioner, the
21 court shall state the names of all participants and
22 whether it is granting or denying an appearance by
23 electronic means and the basis for such a
24 determination. A party is not required to file a
25 petition or other document by electronic means or to
26 testify by means of an electronic appearance.

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1 (C) Nothing in this subsection (e) affects or
2 changes any existing laws governing the service of
3 process, including requirements for personal service
4 or the sealing and confidentiality of court records in
5 court proceedings or access to court records by the
6 parties to the proceedings.
7 (4) Appearances.
8 (A) All electronic appearances by a petitioner
9 seeking an ex parte temporary order of protection
10 under this subsection (e) are strictly voluntary and
11 the court shall obtain the consent of the petitioner
12 on the record at the commencement of each appearance.
13 (B) Electronic appearances under this subsection
14 (e) shall be recorded and preserved for transcription.
15 Documentary evidence, if any, referred to by a party
16 or witness or the court may be transmitted and
17 submitted and introduced by electronic means.
18(Source: P.A. 101-255, eff. 1-1-20; 102-853, eff. 1-1-23;
19revised 12-13-22.)
20 (750 ILCS 60/214) (from Ch. 40, par. 2312-14)
21 Sec. 214. Order of protection; remedies.
22 (a) Issuance of order. If the court finds that petitioner
23has been abused by a family or household member or that
24petitioner is a high-risk adult who has been abused,
25neglected, or exploited, as defined in this Act, an order of

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1protection prohibiting the abuse, neglect, or exploitation
2shall issue; provided that petitioner must also satisfy the
3requirements of one of the following Sections, as appropriate:
4Section 217 on emergency orders, Section 218 on interim
5orders, or Section 219 on plenary orders. Petitioner shall not
6be denied an order of protection because petitioner or
7respondent is a minor. The court, when determining whether or
8not to issue an order of protection, shall not require
9physical manifestations of abuse on the person of the victim.
10Modification and extension of prior orders of protection shall
11be in accordance with this Act.
12 (b) Remedies and standards. The remedies to be included in
13an order of protection shall be determined in accordance with
14this Section and one of the following Sections, as
15appropriate: Section 217 on emergency orders, Section 218 on
16interim orders, and Section 219 on plenary orders. The
17remedies listed in this subsection shall be in addition to
18other civil or criminal remedies available to petitioner.
19 (1) Prohibition of abuse, neglect, or exploitation.
20 Prohibit respondent's harassment, interference with
21 personal liberty, intimidation of a dependent, physical
22 abuse, or willful deprivation, neglect or exploitation, as
23 defined in this Act, or stalking of the petitioner, as
24 defined in Section 12-7.3 of the Criminal Code of 2012, if
25 such abuse, neglect, exploitation, or stalking has
26 occurred or otherwise appears likely to occur if not

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1 prohibited.
2 (2) Grant of exclusive possession of residence.
3 Prohibit respondent from entering or remaining in any
4 residence, household, or premises of the petitioner,
5 including one owned or leased by respondent, if petitioner
6 has a right to occupancy thereof. The grant of exclusive
7 possession of the residence, household, or premises shall
8 not affect title to real property, nor shall the court be
9 limited by the standard set forth in subsection (c-2) of
10 Section 501 of the Illinois Marriage and Dissolution of
11 Marriage Act.
12 (A) Right to occupancy. A party has a right to
13 occupancy of a residence or household if it is solely
14 or jointly owned or leased by that party, that party's
15 spouse, a person with a legal duty to support that
16 party or a minor child in that party's care, or by any
17 person or entity other than the opposing party that
18 authorizes that party's occupancy (e.g., a domestic
19 violence shelter). Standards set forth in subparagraph
20 (B) shall not preclude equitable relief.
21 (B) Presumption of hardships. If petitioner and
22 respondent each has the right to occupancy of a
23 residence or household, the court shall balance (i)
24 the hardships to respondent and any minor child or
25 dependent adult in respondent's care resulting from
26 entry of this remedy with (ii) the hardships to

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1 petitioner and any minor child or dependent adult in
2 petitioner's care resulting from continued exposure to
3 the risk of abuse (should petitioner remain at the
4 residence or household) or from loss of possession of
5 the residence or household (should petitioner leave to
6 avoid the risk of abuse). When determining the balance
7 of hardships, the court shall also take into account
8 the accessibility of the residence or household.
9 Hardships need not be balanced if respondent does not
10 have a right to occupancy.
11 The balance of hardships is presumed to favor
12 possession by petitioner unless the presumption is
13 rebutted by a preponderance of the evidence, showing
14 that the hardships to respondent substantially
15 outweigh the hardships to petitioner and any minor
16 child or dependent adult in petitioner's care. The
17 court, on the request of petitioner or on its own
18 motion, may order respondent to provide suitable,
19 accessible, alternate housing for petitioner instead
20 of excluding respondent from a mutual residence or
21 household.
22 (3) Stay away order and additional prohibitions. Order
23 respondent to stay away from petitioner or any other
24 person protected by the order of protection, or prohibit
25 respondent from entering or remaining present at
26 petitioner's school, place of employment, or other

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1 specified places at times when petitioner is present, or
2 both, if reasonable, given the balance of hardships.
3 Hardships need not be balanced for the court to enter a
4 stay away order or prohibit entry if respondent has no
5 right to enter the premises.
6 (A) If an order of protection grants petitioner
7 exclusive possession of the residence, or prohibits
8 respondent from entering the residence, or orders
9 respondent to stay away from petitioner or other
10 protected persons, then the court may allow respondent
11 access to the residence to remove items of clothing
12 and personal adornment used exclusively by respondent,
13 medications, and other items as the court directs. The
14 right to access shall be exercised on only one
15 occasion as the court directs and in the presence of an
16 agreed-upon adult third party or law enforcement
17 officer.
18 (B) When the petitioner and the respondent attend
19 the same public, private, or non-public elementary,
20 middle, or high school, the court when issuing an
21 order of protection and providing relief shall
22 consider the severity of the act, any continuing
23 physical danger or emotional distress to the
24 petitioner, the educational rights guaranteed to the
25 petitioner and respondent under federal and State law,
26 the availability of a transfer of the respondent to

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1 another school, a change of placement or a change of
2 program of the respondent, the expense, difficulty,
3 and educational disruption that would be caused by a
4 transfer of the respondent to another school, and any
5 other relevant facts of the case. The court may order
6 that the respondent not attend the public, private, or
7 non-public elementary, middle, or high school attended
8 by the petitioner, order that the respondent accept a
9 change of placement or change of program, as
10 determined by the school district or private or
11 non-public school, or place restrictions on the
12 respondent's movements within the school attended by
13 the petitioner. The respondent bears the burden of
14 proving by a preponderance of the evidence that a
15 transfer, change of placement, or change of program of
16 the respondent is not available. The respondent also
17 bears the burden of production with respect to the
18 expense, difficulty, and educational disruption that
19 would be caused by a transfer of the respondent to
20 another school. A transfer, change of placement, or
21 change of program is not unavailable to the respondent
22 solely on the ground that the respondent does not
23 agree with the school district's or private or
24 non-public school's transfer, change of placement, or
25 change of program or solely on the ground that the
26 respondent fails or refuses to consent or otherwise

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1 does not take an action required to effectuate a
2 transfer, change of placement, or change of program.
3 When a court orders a respondent to stay away from the
4 public, private, or non-public school attended by the
5 petitioner and the respondent requests a transfer to
6 another attendance center within the respondent's
7 school district or private or non-public school, the
8 school district or private or non-public school shall
9 have sole discretion to determine the attendance
10 center to which the respondent is transferred. In the
11 event the court order results in a transfer of the
12 minor respondent to another attendance center, a
13 change in the respondent's placement, or a change of
14 the respondent's program, the parents, guardian, or
15 legal custodian of the respondent is responsible for
16 transportation and other costs associated with the
17 transfer or change.
18 (C) The court may order the parents, guardian, or
19 legal custodian of a minor respondent to take certain
20 actions or to refrain from taking certain actions to
21 ensure that the respondent complies with the order. In
22 the event the court orders a transfer of the
23 respondent to another school, the parents, guardian,
24 or legal custodian of the respondent is responsible
25 for transportation and other costs associated with the
26 change of school by the respondent.

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1 (4) Counseling. Require or recommend the respondent to
2 undergo counseling for a specified duration with a social
3 worker, psychologist, clinical psychologist,
4 psychiatrist, family service agency, alcohol or substance
5 abuse program, mental health center guidance counselor,
6 agency providing services to elders, program designed for
7 domestic violence abusers or any other guidance service
8 the court deems appropriate. The Court may order the
9 respondent in any intimate partner relationship to report
10 to an Illinois Department of Human Services protocol
11 approved partner abuse intervention program for an
12 assessment and to follow all recommended treatment.
13 (5) Physical care and possession of the minor child.
14 In order to protect the minor child from abuse, neglect,
15 or unwarranted separation from the person who has been the
16 minor child's primary caretaker, or to otherwise protect
17 the well-being of the minor child, the court may do either
18 or both of the following: (i) grant petitioner physical
19 care or possession of the minor child, or both, or (ii)
20 order respondent to return a minor child to, or not remove
21 a minor child from, the physical care of a parent or person
22 in loco parentis.
23 If a court finds, after a hearing, that respondent has
24 committed abuse (as defined in Section 103) of a minor
25 child, there shall be a rebuttable presumption that
26 awarding physical care to respondent would not be in the

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1 minor child's best interest.
2 (6) Temporary allocation of parental responsibilities:
3 significant decision-making. Award temporary
4 decision-making responsibility to petitioner in accordance
5 with this Section, the Illinois Marriage and Dissolution
6 of Marriage Act, the Illinois Parentage Act of 2015, and
7 this State's Uniform Child-Custody Jurisdiction and
8 Enforcement Act.
9 If a court finds, after a hearing, that respondent has
10 committed abuse (as defined in Section 103) of a minor
11 child, there shall be a rebuttable presumption that
12 awarding temporary significant decision-making
13 responsibility to respondent would not be in the child's
14 best interest.
15 (7) Parenting time. Determine the parenting time, if
16 any, of respondent in any case in which the court awards
17 physical care or allocates temporary significant
18 decision-making responsibility of a minor child to
19 petitioner. The court shall restrict or deny respondent's
20 parenting time with a minor child if the court finds that
21 respondent has done or is likely to do any of the
22 following: (i) abuse or endanger the minor child during
23 parenting time; (ii) use the parenting time as an
24 opportunity to abuse or harass petitioner or petitioner's
25 family or household members; (iii) improperly conceal or
26 detain the minor child; or (iv) otherwise act in a manner

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1 that is not in the best interests of the minor child. The
2 court shall not be limited by the standards set forth in
3 Section 603.10 of the Illinois Marriage and Dissolution of
4 Marriage Act. If the court grants parenting time, the
5 order shall specify dates and times for the parenting time
6 to take place or other specific parameters or conditions
7 that are appropriate. No order for parenting time shall
8 refer merely to the term "reasonable parenting time".
9 Petitioner may deny respondent access to the minor
10 child if, when respondent arrives for parenting time,
11 respondent is under the influence of drugs or alcohol and
12 constitutes a threat to the safety and well-being of
13 petitioner or petitioner's minor children or is behaving
14 in a violent or abusive manner.
15 If necessary to protect any member of petitioner's
16 family or household from future abuse, respondent shall be
17 prohibited from coming to petitioner's residence to meet
18 the minor child for parenting time, and the parties shall
19 submit to the court their recommendations for reasonable
20 alternative arrangements for parenting time. A person may
21 be approved to supervise parenting time only after filing
22 an affidavit accepting that responsibility and
23 acknowledging accountability to the court.
24 (8) Removal or concealment of minor child. Prohibit
25 respondent from removing a minor child from the State or
26 concealing the child within the State.

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1 (9) Order to appear. Order the respondent to appear in
2 court, alone or with a minor child, to prevent abuse,
3 neglect, removal or concealment of the child, to return
4 the child to the custody or care of the petitioner or to
5 permit any court-ordered interview or examination of the
6 child or the respondent.
7 (10) Possession of personal property. Grant petitioner
8 exclusive possession of personal property and, if
9 respondent has possession or control, direct respondent to
10 promptly make it available to petitioner, if:
11 (i) petitioner, but not respondent, owns the
12 property; or
13 (ii) the parties own the property jointly; sharing
14 it would risk abuse of petitioner by respondent or is
15 impracticable; and the balance of hardships favors
16 temporary possession by petitioner.
17 If petitioner's sole claim to ownership of the
18 property is that it is marital property, the court may
19 award petitioner temporary possession thereof under the
20 standards of subparagraph (ii) of this paragraph only if a
21 proper proceeding has been filed under the Illinois
22 Marriage and Dissolution of Marriage Act, as now or
23 hereafter amended.
24 No order under this provision shall affect title to
25 property.
26 (11) Protection of property. Forbid the respondent

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1 from taking, transferring, encumbering, concealing,
2 damaging or otherwise disposing of any real or personal
3 property, except as explicitly authorized by the court,
4 if:
5 (i) petitioner, but not respondent, owns the
6 property; or
7 (ii) the parties own the property jointly, and the
8 balance of hardships favors granting this remedy.
9 If petitioner's sole claim to ownership of the
10 property is that it is marital property, the court may
11 grant petitioner relief under subparagraph (ii) of this
12 paragraph only if a proper proceeding has been filed under
13 the Illinois Marriage and Dissolution of Marriage Act, as
14 now or hereafter amended.
15 The court may further prohibit respondent from
16 improperly using the financial or other resources of an
17 aged member of the family or household for the profit or
18 advantage of respondent or of any other person.
19 (11.5) Protection of animals. Grant the petitioner the
20 exclusive care, custody, or control of any animal owned,
21 possessed, leased, kept, or held by either the petitioner
22 or the respondent or a minor child residing in the
23 residence or household of either the petitioner or the
24 respondent and order the respondent to stay away from the
25 animal and forbid the respondent from taking,
26 transferring, encumbering, concealing, harming, or

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1 otherwise disposing of the animal.
2 (12) Order for payment of support. Order respondent to
3 pay temporary support for the petitioner or any child in
4 the petitioner's care or over whom the petitioner has been
5 allocated parental responsibility, when the respondent has
6 a legal obligation to support that person, in accordance
7 with the Illinois Marriage and Dissolution of Marriage
8 Act, which shall govern, among other matters, the amount
9 of support, payment through the clerk and withholding of
10 income to secure payment. An order for child support may
11 be granted to a petitioner with lawful physical care of a
12 child, or an order or agreement for physical care of a
13 child, prior to entry of an order allocating significant
14 decision-making responsibility. Such a support order shall
15 expire upon entry of a valid order allocating parental
16 responsibility differently and vacating the petitioner's
17 significant decision-making authority, unless otherwise
18 provided in the order.
19 (13) Order for payment of losses. Order respondent to
20 pay petitioner for losses suffered as a direct result of
21 the abuse, neglect, or exploitation. Such losses shall
22 include, but not be limited to, medical expenses, lost
23 earnings or other support, repair or replacement of
24 property damaged or taken, reasonable attorney's fees,
25 court costs and moving or other travel expenses, including
26 additional reasonable expenses for temporary shelter and

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1 restaurant meals.
2 (i) Losses affecting family needs. If a party is
3 entitled to seek maintenance, child support or
4 property distribution from the other party under the
5 Illinois Marriage and Dissolution of Marriage Act, as
6 now or hereafter amended, the court may order
7 respondent to reimburse petitioner's actual losses, to
8 the extent that such reimbursement would be
9 "appropriate temporary relief", as authorized by
10 subsection (a)(3) of Section 501 of that Act.
11 (ii) Recovery of expenses. In the case of an
12 improper concealment or removal of a minor child, the
13 court may order respondent to pay the reasonable
14 expenses incurred or to be incurred in the search for
15 and recovery of the minor child, including but not
16 limited to legal fees, court costs, private
17 investigator fees, and travel costs.
18 (14) Prohibition of entry. Prohibit the respondent
19 from entering or remaining in the residence or household
20 while the respondent is under the influence of alcohol or
21 drugs and constitutes a threat to the safety and
22 well-being of the petitioner or the petitioner's children.
23 (14.5) Prohibition of firearm possession.
24 (a) Prohibit a respondent against whom an order of
25 protection was issued from possessing any firearms
26 during the duration of the order if the order:

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

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1 possession of the respondent, except as provided in
2 subsection (b), shall be ordered by the court to be
3 turned over to the local law enforcement agency and
4 the respondent shall be prohibited from acquiring or
5 possessing any firearms for the duration of the order
6 of protection. The local law enforcement agency shall
7 immediately mail the card to the Illinois State Police
8 Firearm Owner's Identification Card Office for
9 safekeeping.
10 (a-2) Immediately upon entry of the order of
11 protection prohibiting firearm possession under this
12 Section, the The court shall issue a seizure order
13 warrant for seizure of any firearm in the possession
14 of the respondent, to be kept by the local law
15 enforcement agency for safekeeping, except as provided
16 in subparagraph subsection (b). The petitioner's
17 general description of the firearm or firearms and
18 their location shall be sufficient to support issuing
19 a seizure order. If the seizure order is not served
20 within 48 hours because the respondent cannot be
21 located, law enforcement shall file the statement of
22 receipt explaining the efforts and attempts made to
23 serve the order on the respondent. The period of
24 safekeeping shall be for the duration of the order of
25 protection. The respondent against whom an order of
26 protection was issued, including an emergency order of

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1 protection, shall not possess any firearms for the
2 duration of the order.
3 (a-3) Notwithstanding the issuance of a seizure
4 order under subparagraph (a-2), the respondent shall
5 be ordered to immediately surrender any firearms to
6 the appropriate law enforcement agency and prohibited
7 from transferring firearms to another individual in
8 lieu of surrender to law enforcement.
9 (a-4) The relevant law enforcement agency shall
10 provide a statement of receipt of any firearm seized
11 or surrendered with a description of any firearm
12 seized or surrendered to the respondent and the court.
13 If the respondent fails to surrender the respondent's
14 weapons in accordance with the order to surrender, the
15 law enforcement agency shall file a statement of
16 receipt explaining how and when the order was served
17 and that the respondent did not comply within the
18 required time. This statement of receipt shall be
19 prima facie evidence of compliance with an order to
20 surrender firearms.
21 (a-5) The firearm or firearms and Firearm Owner's
22 Identification Card, if unexpired, shall at the
23 respondent's request, be returned to the respondent at
24 the end of the order of protection. It is the
25 respondent's responsibility to notify the Illinois
26 State Police Firearm Owner's Identification Card

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1 Office of the end of the order of protection.
2 (b) If the respondent is a peace officer as
3 defined in Section 2-13 of the Criminal Code of 2012,
4 the court shall order that any firearms used by the
5 respondent in the performance of his or her duties as a
6 peace officer be surrendered to the chief law
7 enforcement executive of the agency in which the
8 respondent is employed, who shall retain the firearms
9 for safekeeping for the duration of the order of
10 protection.
11 (c) Upon expiration of the period of safekeeping,
12 if the firearms or Firearm Owner's Identification Card
13 cannot be returned to respondent because respondent
14 cannot be located, fails to respond to requests to
15 retrieve the firearms, or is not lawfully eligible to
16 possess a firearm, upon petition from the local law
17 enforcement agency, the court may order the local law
18 enforcement agency to destroy the firearms, use the
19 firearms for training purposes, or for any other
20 application as deemed appropriate by the local law
21 enforcement agency; or that the firearms be turned
22 over to a third party who is lawfully eligible to
23 possess firearms, and who does not reside with
24 respondent.
25 (15) Prohibition of access to records. If an order of
26 protection prohibits respondent from having contact with

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1 the minor child, or if petitioner's address is omitted
2 under subsection (b) of Section 203, or if necessary to
3 prevent abuse or wrongful removal or concealment of a
4 minor child, the order shall deny respondent access to,
5 and prohibit respondent from inspecting, obtaining, or
6 attempting to inspect or obtain, school or any other
7 records of the minor child who is in the care of
8 petitioner.
9 (16) Order for payment of shelter services. Order
10 respondent to reimburse a shelter providing temporary
11 housing and counseling services to the petitioner for the
12 cost of the services, as certified by the shelter and
13 deemed reasonable by the court.
14 (17) Order for injunctive relief. Enter injunctive
15 relief necessary or appropriate to prevent further abuse
16 of a family or household member or further abuse, neglect,
17 or exploitation of a high-risk adult with disabilities or
18 to effectuate one of the granted remedies, if supported by
19 the balance of hardships. If the harm to be prevented by
20 the injunction is abuse or any other harm that one of the
21 remedies listed in paragraphs (1) through (16) of this
22 subsection is designed to prevent, no further evidence is
23 necessary that the harm is an irreparable injury.
24 (18) Telephone services.
25 (A) Unless a condition described in subparagraph
26 (B) of this paragraph exists, the court may, upon

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1 request by the petitioner, order a wireless telephone
2 service provider to transfer to the petitioner the
3 right to continue to use a telephone number or numbers
4 indicated by the petitioner and the financial
5 responsibility associated with the number or numbers,
6 as set forth in subparagraph (C) of this paragraph.
7 For purposes of this paragraph (18), the term
8 "wireless telephone service provider" means a provider
9 of commercial mobile service as defined in 47 U.S.C.
10 332. The petitioner may request the transfer of each
11 telephone number that the petitioner, or a minor child
12 in his or her custody, uses. The clerk of the court
13 shall serve the order on the wireless telephone
14 service provider's agent for service of process
15 provided to the Illinois Commerce Commission. The
16 order shall contain all of the following:
17 (i) The name and billing telephone number of
18 the account holder including the name of the
19 wireless telephone service provider that serves
20 the account.
21 (ii) Each telephone number that will be
22 transferred.
23 (iii) A statement that the provider transfers
24 to the petitioner all financial responsibility for
25 and right to the use of any telephone number
26 transferred under this paragraph.

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1 (B) A wireless telephone service provider shall
2 terminate the respondent's use of, and shall transfer
3 to the petitioner use of, the telephone number or
4 numbers indicated in subparagraph (A) of this
5 paragraph unless it notifies the petitioner, within 72
6 hours after it receives the order, that one of the
7 following applies:
8 (i) The account holder named in the order has
9 terminated the account.
10 (ii) A difference in network technology would
11 prevent or impair the functionality of a device on
12 a network if the transfer occurs.
13 (iii) The transfer would cause a geographic or
14 other limitation on network or service provision
15 to the petitioner.
16 (iv) Another technological or operational
17 issue would prevent or impair the use of the
18 telephone number if the transfer occurs.
19 (C) The petitioner assumes all financial
20 responsibility for and right to the use of any
21 telephone number transferred under this paragraph. In
22 this paragraph, "financial responsibility" includes
23 monthly service costs and costs associated with any
24 mobile device associated with the number.
25 (D) A wireless telephone service provider may
26 apply to the petitioner its routine and customary

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1 requirements for establishing an account or
2 transferring a number, including requiring the
3 petitioner to provide proof of identification,
4 financial information, and customer preferences.
5 (E) Except for willful or wanton misconduct, a
6 wireless telephone service provider is immune from
7 civil liability for its actions taken in compliance
8 with a court order issued under this paragraph.
9 (F) All wireless service providers that provide
10 services to residential customers shall provide to the
11 Illinois Commerce Commission the name and address of
12 an agent for service of orders entered under this
13 paragraph (18). Any change in status of the registered
14 agent must be reported to the Illinois Commerce
15 Commission within 30 days of such change.
16 (G) The Illinois Commerce Commission shall
17 maintain the list of registered agents for service for
18 each wireless telephone service provider on the
19 Commission's website. The Commission may consult with
20 wireless telephone service providers and the Circuit
21 Court Clerks on the manner in which this information
22 is provided and displayed.
23 (c) Relevant factors; findings.
24 (1) In determining whether to grant a specific remedy,
25 other than payment of support, the court shall consider
26 relevant factors, including but not limited to the

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1 following:
2 (i) the nature, frequency, severity, pattern and
3 consequences of the respondent's past abuse, neglect
4 or exploitation of the petitioner or any family or
5 household member, including the concealment of his or
6 her location in order to evade service of process or
7 notice, and the likelihood of danger of future abuse,
8 neglect, or exploitation to petitioner or any member
9 of petitioner's or respondent's family or household;
10 and
11 (ii) the danger that any minor child will be
12 abused or neglected or improperly relocated from the
13 jurisdiction, improperly concealed within the State or
14 improperly separated from the child's primary
15 caretaker.
16 (2) In comparing relative hardships resulting to the
17 parties from loss of possession of the family home, the
18 court shall consider relevant factors, including but not
19 limited to the following:
20 (i) availability, accessibility, cost, safety,
21 adequacy, location and other characteristics of
22 alternate housing for each party and any minor child
23 or dependent adult in the party's care;
24 (ii) the effect on the party's employment; and
25 (iii) the effect on the relationship of the party,
26 and any minor child or dependent adult in the party's

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1 care, to family, school, church and community.
2 (3) Subject to the exceptions set forth in paragraph
3 (4) of this subsection, the court shall make its findings
4 in an official record or in writing, and shall at a minimum
5 set forth the following:
6 (i) That the court has considered the applicable
7 relevant factors described in paragraphs (1) and (2)
8 of this subsection.
9 (ii) Whether the conduct or actions of respondent,
10 unless prohibited, will likely cause irreparable harm
11 or continued abuse.
12 (iii) Whether it is necessary to grant the
13 requested relief in order to protect petitioner or
14 other alleged abused persons.
15 (4) For purposes of issuing an ex parte emergency
16 order of protection, the court, as an alternative to or as
17 a supplement to making the findings described in
18 paragraphs (c)(3)(i) through (c)(3)(iii) of this
19 subsection, may use the following procedure:
20 When a verified petition for an emergency order of
21 protection in accordance with the requirements of Sections
22 203 and 217 is presented to the court, the court shall
23 examine petitioner on oath or affirmation. An emergency
24 order of protection shall be issued by the court if it
25 appears from the contents of the petition and the
26 examination of petitioner that the averments are

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1 sufficient to indicate abuse by respondent and to support
2 the granting of relief under the issuance of the emergency
3 order of protection.
4 (5) Never married parties. No rights or
5 responsibilities for a minor child born outside of
6 marriage attach to a putative father until a father and
7 child relationship has been established under the Illinois
8 Parentage Act of 1984, the Illinois Parentage Act of 2015,
9 the Illinois Public Aid Code, Section 12 of the Vital
10 Records Act, the Juvenile Court Act of 1987, the Probate
11 Act of 1975, the Revised Uniform Reciprocal Enforcement of
12 Support Act, the Uniform Interstate Family Support Act,
13 the Expedited Child Support Act of 1990, any judicial,
14 administrative, or other act of another state or
15 territory, any other Illinois statute, or by any foreign
16 nation establishing the father and child relationship, any
17 other proceeding substantially in conformity with the
18 Personal Responsibility and Work Opportunity
19 Reconciliation Act of 1996 (Pub. L. 104-193), or where
20 both parties appeared in open court or at an
21 administrative hearing acknowledging under oath or
22 admitting by affirmation the existence of a father and
23 child relationship. Absent such an adjudication, finding,
24 or acknowledgment, no putative father shall be granted
25 temporary allocation of parental responsibilities,
26 including parenting time with the minor child, or physical

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1 care and possession of the minor child, nor shall an order
2 of payment for support of the minor child be entered.
3 (d) Balance of hardships; findings. If the court finds
4that the balance of hardships does not support the granting of
5a remedy governed by paragraph (2), (3), (10), (11), or (16) of
6subsection (b) of this Section, which may require such
7balancing, the court's findings shall so indicate and shall
8include a finding as to whether granting the remedy will
9result in hardship to respondent that would substantially
10outweigh the hardship to petitioner from denial of the remedy.
11The findings shall be an official record or in writing.
12 (e) Denial of remedies. Denial of any remedy shall not be
13based, in whole or in part, on evidence that:
14 (1) Respondent has cause for any use of force, unless
15 that cause satisfies the standards for justifiable use of
16 force provided by Article 7 of the Criminal Code of 2012;
17 (2) Respondent was voluntarily intoxicated;
18 (3) Petitioner acted in self-defense or defense of
19 another, provided that, if petitioner utilized force, such
20 force was justifiable under Article 7 of the Criminal Code
21 of 2012;
22 (4) Petitioner did not act in self-defense or defense
23 of another;
24 (5) Petitioner left the residence or household to
25 avoid further abuse, neglect, or exploitation by
26 respondent;

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1 (6) Petitioner did not leave the residence or
2 household to avoid further abuse, neglect, or exploitation
3 by respondent;
4 (7) Conduct by any family or household member excused
5 the abuse, neglect, or exploitation by respondent, unless
6 that same conduct would have excused such abuse, neglect,
7 or exploitation if the parties had not been family or
8 household members.
9(Source: P.A. 102-538, eff. 8-20-21.)
10 Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
17 Section 99. Effective date. This Act takes effect July 1,
182023.
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