Bill Text: IL SB2805 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Firearms Restraining Order Act and the Code of Criminal Procedure of 1963. Provides that if the petitioner for a firearms restraining order, domestic violence order of protection, or civil no contact order is a law enforcement officer or agent of a law enforcement officer, the petitioner shall be referred to as the law enforcement agency in which the officer is employed on all public records concerning the petition and not the individually named officer or agent who filed the petition. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-06-26 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB2805 Detail]

Download: Illinois-2023-SB2805-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2805 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
430 ILCS 67/5
725 ILCS 5/112A-4.5
Amends the Firearms Restraining Order Act and the Code of Criminal Procedure of 1963. Provides that if the petitioner for a firearms restraining order, domestic violence order of protection, or civil no contact order is a law enforcement officer or agent of a law enforcement officer, the petitioner shall be referred to as the law enforcement agency in which the officer is employed on all public records concerning the petition and not the individually named officer or agent who filed the petition. Effective immediately.
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A BILL FOR
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AN ACT concerning protective orders.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Firearms Restraining Order Act is amended
by changing Section 5 as follows:
(430 ILCS 67/5)
Sec. 5. Definitions. As used in this Act:
"Family member of the respondent" means a spouse, former
spouse, person with whom the respondent has a minor child in
common, parent, child, or step-child of the respondent, any
other person related by blood or present marriage to the
respondent, or a person who shares a common dwelling with the
respondent.
"Firearms restraining order" means an order issued by the
court, prohibiting and enjoining a named person from having in
his or her custody or control, purchasing, possessing, or
receiving any firearms or ammunition, or removing firearm
parts that could be assembled to make an operable firearm.
"Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
"Petitioner" means:

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(1) a family member of the respondent as defined in
this Act; or
(2) a law enforcement officer who files a petition
alleging that the respondent poses a danger of causing
personal injury to himself, herself, or another by having
in his or her custody or control, purchasing, possessing,
or receiving a firearm, ammunition, or firearm parts that
could be assembled to make an operable firearm or removing
firearm parts that could be assembled to make an operable
firearm.
If the petitioner is a law enforcement officer, the
petitioner shall be referred to as the law enforcement agency
in which the officer is employed on all public records
concerning the petition and not the individually named officer
who filed the petition.
"Respondent" means the person alleged in the petition to
pose a danger of causing personal injury to himself, herself,
or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm, ammunition, or
firearm parts that could be assembled to make an operable
firearm or removing firearm parts that could be assembled to
make an operable firearm.
(Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
Section 10. The Code of Criminal Procedure of 1963 is
amended by changing Section 112A-4.5 as follows:

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(725 ILCS 5/112A-4.5)
Sec. 112A-4.5. Who may file petition.
(a) A petition for a domestic violence order of protection
may be filed:
(1) by a named victim who has been abused by a family
or household member;
(2) by any person or by the State's Attorney on behalf
of a named victim who is a minor child or an adult who has
been abused by a family or household member and who,
because of age, health, disability, or inaccessibility,
cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
or dependent adult in the care of the named victim, if the
named victim does not file a petition or request the
State's Attorney file the petition; or
(4) any of the following persons if the person is
abused by a family or household member of a child:
(i) a foster parent of that child if the child has
been placed in the foster parent's home by the
Department of Children and Family Services or by
another state's public child welfare agency;
(ii) a legally appointed guardian or legally
appointed custodian of that child;
(iii) an adoptive parent of that child;
(iv) a prospective adoptive parent of that child

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if the child has been placed in the prospective
adoptive parent's home pursuant to the Adoption Act or
pursuant to another state's law.
For purposes of this paragraph (a)(4), individuals who
would have been considered "family or household members" of
the child under paragraph (3) of subsection (b) of Section
112A-3 before a termination of the parental rights with
respect to the child continue to meet the definition of
"family or household members" of the child.
(b) A petition for a civil no contact order may be filed:
(1) by any person who is a named victim of
non-consensual sexual conduct or non-consensual sexual
penetration, including a single incident of non-consensual
sexual conduct or non-consensual sexual penetration;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of non-consensual sexual conduct or non-consensual
sexual penetration but, because of age, disability,
health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has

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also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order.
(c) A petition for a stalking no contact order may be
filed:
(1) by any person who is a named victim of stalking;
(2) by a person or by the State's Attorney on behalf of
a named victim who is a minor child or an adult who is a
victim of stalking but, because of age, disability,
health, or inaccessibility, cannot file the petition;
(3) by a State's Attorney on behalf of any minor child
who is a family or household member of the named victim, if
the named victim does not file a petition or request the
State's Attorney file the petition;
(4) by a service member of the Illinois National Guard
or any reserve military component serving within the State
who is a victim of non-consensual sexual conduct who has
also received a Military Protective Order; or
(5) by the Staff Judge Advocate of the Illinois
National Guard or any reserve military component serving
in the State on behalf of a named victim who is a victim of
non-consensual sexual conduct who has also received a
Military Protective Order.

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(d) The State's Attorney shall file a petition on behalf
of any person who may file a petition under subsections (a),
(b), or (c) of this Section if the person requests the State's
Attorney to file a petition on the person's behalf, unless the
State's Attorney has a good faith basis to delay filing the
petition. The State's Attorney shall inform the person that
the State's Attorney will not be filing the petition at that
time and that the person may file a petition or may retain an
attorney to file the petition. The State's Attorney may file
the petition at a later date.
(d-5) (1) A person eligible to file a petition under
subsection (a), (b), or (c) of this Section may retain an
attorney to represent the petitioner on the petitioner's
request for a protective order. The attorney's representation
is limited to matters related to the petition and relief
authorized under this Article.
(2) Advocates shall be allowed to accompany the petitioner
and confer with the victim, unless otherwise directed by the
court. Advocates are not engaged in the unauthorized practice
of law when providing assistance to the petitioner.
(d-6) If the petitioner is a law enforcement officer or
agent of a law enforcement officer, the petitioner shall be
referred to as the law enforcement agency in which the officer
or agent is employed on all public records concerning the
petition and not the individually named officer or agent who
filed the petition.

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(e) Any petition properly filed under this Article may
seek protection for any additional persons protected by this
Article.
(Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
Section 99. Effective date. This Act takes effect upon
becoming law.