Bill Text: IL SB3379 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Firearms Restraining Order Act. Includes a former spouse or person with a child in common in the definition of "family member of the respondent". Provides that a firearms restraining order includes the seizure of ammunition. Provides that no fee shall be charged by the clerk of the court for printing petitions or orders. Provides that the petitioner shall make a good faith effort to notify recent intimate partners (rather than intimate partners) of the respondent. Provides that a return of the search warrant for searching for the respondent's firearms and ammunition shall be filed by the law enforcement agency with the court within 7 days thereafter, setting forth the time, date, and location that the search warrant was executed and what items were seized. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3379 Detail]

Download: Illinois-2019-SB3379-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3379 Introduced 2/11/2020, by Sen. Julie A. Morrison - Ann Gillespie SYNOPSIS AS INTRODUCED:
430 ILCS 67/5
430 ILCS 67/10
430 ILCS 67/35
430 ILCS 67/40
430 ILCS 67/45
Amends the Firearms Restraining Order Act. Includes a former spouse or person with a child in common in the definition of "family member of the respondent". Provides that a firearms restraining order includes the seizure of ammunition. Provides that no fee shall be charged by the clerk of the court for printing petitions or orders. Provides that the petitioner shall make a good faith effort to notify recent intimate partners (rather than intimate partners) of the respondent. Provides that a return of the search warrant for searching for the respondent's firearms and ammunition shall be filed by the law enforcement agency with the court within 7 days thereafter, setting forth the time, date, and location that the search warrant was executed and what items were seized. Effective immediately.
LRB101 19561 RLC 69035 b
A BILL FOR
SB3379 LRB101 19561 RLC 69035 b
AN ACT concerning safety.
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 Sections 5, 10, 35, 40, and 45 as follows:
(430 ILCS 67/5)
Sec. 5. Definitions. As used in this Act:
"Family member of the respondent" means a spouse, former
spouse, parent, child, or step-child of the respondent, person
with a child in common and 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 and ammunition.
"Intimate partner" means a spouse, former spouse, a person
with whom the respondent has or allegedly has a child in
common, or a person with whom the respondent has or has had a
dating or engagement relationship.
"Petitioner" means:
(1) a family member of the respondent as defined in
this Act; or

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(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 and ammunition.
"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 and ammunition.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/10)
Sec. 10. Commencement of action; procedure.
(a) An action for a firearms restraining order is commenced
by filing a verified petition for a firearms restraining order
in any circuit court.
(b) A petition for a firearms restraining order may be
filed in any county where the respondent resides.
(c) No fee shall be charged by the clerk for filing,
amending, vacating, certifying, printing, or photocopying
petitions or orders; or for issuing alias summons; or for any
related filing service. No fee shall be charged by the sheriff
or other law enforcement for service by the sheriff or other
law enforcement of a petition, rule, motion, or order in an
action commenced under this Section.
(d) The court shall provide, through the office of the

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clerk of the court, simplified forms and clerical assistance to
help with the writing and filing of a petition under this
Section by any person not represented by counsel. In addition,
that assistance may be provided by the State's Attorney.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/35)
Sec. 35. Ex parte orders and emergency hearings.
(a) A petitioner may request an emergency firearms
restraining order by filing an affidavit or verified pleading
alleging that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm and ammunition. The petition
shall also describe the type and location of any firearm or
firearms and ammunition presently believed by the petitioner to
be possessed or controlled by the respondent.
(b) If the respondent is alleged to pose an immediate and
present danger of causing personal injury to an intimate
partner, or an intimate partner is alleged to have been the
target of a threat or act of violence by the respondent, the
petitioner shall make a good faith effort to provide notice to
any and all recent intimate partners of the respondent. The
notice must include that the petitioner intends to petition the
court for an emergency firearms restraining order, and, if the
petitioner is a law enforcement officer, referral to relevant

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domestic violence or stalking advocacy or counseling
resources, if appropriate. The petitioner shall attest to
having provided the notice in the filed affidavit or verified
pleading. If, after making a good faith effort, the petitioner
is unable to provide notice to any or all recent intimate
partners, the affidavit or verified pleading should describe
what efforts were made.
(c) Every person who files a petition for an emergency
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) An emergency firearms restraining order shall be issued
on an ex parte basis, that is, without notice to the
respondent.
(e) An emergency hearing held on an ex parte basis shall be
held the same day that the petition is filed or the next day
that the court is in session.
(f) If a circuit or associate judge finds probable cause to
believe that the respondent poses an immediate and present
danger of causing personal injury to himself, herself, or
another by having in his or her custody or control, purchasing,
possessing, or receiving a firearm and ammunition, the circuit
or associate judge shall issue an emergency order.
(f-5) If the court issues an emergency firearms restraining
order, it shall, upon a finding of probable cause that the

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respondent possesses firearms and ammunition, issue a search
warrant directing a law enforcement agency to seize the
respondent's firearms and ammunition. The court may, as part of
that warrant, direct the law enforcement agency to search the
respondent's residence and other places where the court finds
there is probable cause to believe he or she is likely to
possess the firearms and ammunition. A return of the search
warrant shall be filed by the law enforcement agency with the
court within 7 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items were seized.
(g) An emergency firearms restraining order shall require:
(1) the respondent to refrain from having in his or her
custody or control, purchasing, possessing, or receiving
additional firearms and ammunition for the duration of the
order; and
(2) the respondent to turn over to the local law
enforcement agency any Firearm Owner's Identification Card
and concealed carry license in his or her possession. The
local law enforcement agency shall immediately mail the
card and concealed carry license to the Department of State
Police Firearm Services Bureau for safekeeping. The
firearm or firearms, ammunition, and Firearm Owner's
Identification Card and concealed carry license, if
unexpired, shall be returned to the respondent after the
firearms restraining order is terminated or expired.

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(h) Except as otherwise provided in subsection (h-5) of
this Section, upon expiration of the period of safekeeping, if
the firearms or Firearm Owner's Identification Card,
ammunition, and concealed carry license cannot be returned to
the respondent because the respondent cannot be located, fails
to respond to requests to retrieve the firearms and ammunition,
or is not lawfully eligible to possess a firearm and
ammunition, upon petition from the local law enforcement
agency, the court may order the local law enforcement agency to
destroy the firearms and ammunition, use the firearms and
ammunition for training purposes, or use the firearms and
ammunition for any other application as deemed appropriate by
the local law enforcement agency.
(h-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm
and ammunition to a person who is lawfully able to possess the
firearm and ammunition if the person does not reside at the
same address as the respondent. Notice of the petition shall be
served upon the person protected by the emergency firearms
restraining order. While the order is in effect, the transferee
who receives the respondent's firearms and ammunition must
swear or affirm by affidavit that he or she shall not transfer
the firearm and ammunition to the respondent or to anyone
residing in the same residence as the respondent.

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(h-6) If a person other than the respondent claims title to
any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner agrees
to store the firearm in a manner such that the respondent
does not have access to or control of the firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(i) In accordance with subsection (e) of this Section, the
court shall schedule a full hearing as soon as possible, but no
longer than 14 days from the issuance of an ex parte firearms
restraining order, to determine if a 6-month firearms
restraining order shall be issued. The court may extend an ex
parte order as needed, but not to exceed 14 days, to effectuate
service of the order or if necessary to continue protection.

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The court may extend the order for a greater length of time by
mutual agreement of the parties.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/40)
Sec. 40. Six-month orders.
(a) A petitioner may request a 6-month firearms restraining
order by filing an affidavit or verified pleading alleging that
the respondent poses a significant danger of causing personal
injury to himself, herself, or another in the near future by
having in his or her custody or control, purchasing,
possessing, or receiving a firearm and ammunition. The petition
shall also describe the number, types, and locations of any
firearms and ammunition presently believed by the petitioner to
be possessed or controlled by the respondent.
(b) If the respondent is alleged to pose a significant
danger of causing personal injury to an intimate partner, or an
intimate partner is alleged to have been the target of a threat
or act of violence by the respondent, the petitioner shall make
a good faith effort to provide notice to any and all recent
intimate partners of the respondent. The notice must include
that the petitioner intends to petition the court for a 6-month
firearms restraining order, and, if the petitioner is a law
enforcement officer, referral to relevant domestic violence or
stalking advocacy or counseling resources, if appropriate. The
petitioner shall attest to having provided the notice in the

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filed affidavit or verified pleading. If, after making a good
faith effort, the petitioner is unable to provide notice to any
or all recent intimate partners, the affidavit or verified
pleading should describe what efforts were made.
(c) Every person who files a petition for a 6-month
firearms restraining order, knowing the information provided
to the court at any hearing or in the affidavit or verified
pleading to be false, is guilty of perjury under Section 32-2
of the Criminal Code of 2012.
(d) Upon receipt of a petition for a 6-month firearms
restraining order, the court shall order a hearing within 30
days.
(e) In determining whether to issue a firearms restraining
order under this Section, the court shall consider evidence
including, but not limited to, the following:
(1) The unlawful and reckless use, display, or
brandishing of a firearm by the respondent.
(2) The history of use, attempted use, or threatened
use of physical force by the respondent against another
person.
(3) Any prior arrest of the respondent for a felony
offense.
(4) Evidence of the abuse of controlled substances or
alcohol by the respondent.
(5) A recent threat of violence or act of violence by
the respondent directed toward himself, herself, or

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another.
(6) A violation of an emergency order of protection
issued under Section 217 of the Illinois Domestic Violence
Act of 1986 or Section 112A-17 of the Code of Criminal
Procedure of 1963 or of an order of protection issued under
Section 214 of the Illinois Domestic Violence Act of 1986
or Section 112A-14 of the Code of Criminal Procedure of
1963.
(7) A pattern of violent acts or violent threats,
including, but not limited to, threats of violence or acts
of violence by the respondent directed toward himself,
herself, or another.
(f) At the hearing, the petitioner shall have the burden of
proving, by clear and convincing evidence, that the respondent
poses a significant danger of personal injury to himself,
herself, or another by having in his or her custody or control,
purchasing, possessing, or receiving a firearm and ammunition.
(g) If the court finds that there is clear and convincing
evidence to issue a firearms restraining order, the court shall
issue a firearms restraining order that shall be in effect for
6 months subject to renewal under Section 45 of this Act or
termination under that Section.
(g-5) If the court issues a 6-month firearms restraining
order, it shall, upon a finding of probable cause that the
respondent possesses firearms, issue a search warrant
directing a law enforcement agency to seize the respondent's

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firearms and ammunition. The court may, as part of that
warrant, direct the law enforcement agency to search the
respondent's residence and other places where the court finds
there is probable cause to believe he or she is likely to
possess the firearms and ammunition. A return of the search
warrant shall be filed by the law enforcement agency with the
court within 7 days thereafter, setting forth the time, date,
and location that the search warrant was executed and what
items were seized.
(h) A 6-month firearms restraining order shall require:
(1) the respondent to refrain from having in his or her
custody or control, purchasing, possessing, or receiving
additional firearms and ammunition for the duration of the
order; and
(2) the respondent to turn over to the local law
enforcement agency any firearm, ammunition, or Firearm
Owner's Identification Card, and concealed carry license
in his or her possession. The local law enforcement agency
shall immediately mail the card and concealed carry license
to the Department of State Police Firearm Services Bureau
for safekeeping. The firearm or firearms, ammunition, and
Firearm Owner's Identification Card and concealed carry
license, if unexpired, shall be returned to the respondent
after the firearms restraining order is terminated or
expired.
(i) Except as otherwise provided in subsection (i-5) of

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this Section, upon expiration of the period of safekeeping, if
the firearms, ammunition, or Firearm Owner's Identification
Card cannot be returned to the respondent because the
respondent cannot be located, fails to respond to requests to
retrieve the firearms and ammunition, or is not lawfully
eligible to possess a firearm and ammunition, upon petition
from the local law enforcement agency, the court may order the
local law enforcement agency to destroy the firearms and
ammunition, use the firearms and ammunition for training
purposes, or use the firearms and ammunition for any other
application as deemed appropriate by the local law enforcement
agency.
(i-5) A respondent whose Firearm Owner's Identification
Card has been revoked or suspended may petition the court, if
the petitioner is present in court or has notice of the
respondent's petition, to transfer the respondent's firearm
and ammunition to a person who is lawfully able to possess the
firearm and ammunition if the person does not reside at the
same address as the respondent. Notice of the petition shall be
served upon the person protected by the emergency firearms
restraining order. While the order is in effect, the transferee
who receives the respondent's firearms and ammunition must
swear or affirm by affidavit that he or she shall not transfer
the firearm and ammunition to the respondent or to anyone
residing in the same residence as the respondent.
(i-6) If a person other than the respondent claims title to

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any firearms surrendered under this Section, he or she may
petition the court, if the petitioner is present in court or
has notice of the petition, to have the firearm returned to him
or her. If the court determines that person to be the lawful
owner of the firearm, the firearm shall be returned to him or
her, provided that:
(1) the firearm is removed from the respondent's
custody, control, or possession and the lawful owner agrees
to store the firearm in a manner such that the respondent
does not have access to or control of the firearm; and
(2) the firearm is not otherwise unlawfully possessed
by the owner.
The person petitioning for the return of his or her firearm
must swear or affirm by affidavit that he or she: (i) is the
lawful owner of the firearm; (ii) shall not transfer the
firearm to the respondent; and (iii) will store the firearm in
a manner that the respondent does not have access to or control
of the firearm.
(j) If the court does not issue a firearms restraining
order at the hearing, the court shall dissolve any emergency
firearms restraining order then in effect.
(k) When the court issues a firearms restraining order
under this Section, the court shall inform the respondent that
he or she is entitled to one hearing during the period of the
order to request a termination of the order, under Section 45
of this Act, and shall provide the respondent with a form to

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request a hearing.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
(430 ILCS 67/45)
Sec. 45. Termination and renewal.
(a) A person subject to a firearms restraining order issued
under this Act may submit one written request at any time
during the effective period of the order for a hearing to
terminate the order.
(1) The respondent shall have the burden of proving by
a preponderance of the evidence that the respondent does
not pose a danger of causing personal injury to himself,
herself, or another in the near future by having in his or
her custody or control, purchasing, possessing, or
receiving a firearm and ammunition.
(2) If the court finds after the hearing that the
respondent has met his or her burden, the court shall
terminate the order.
(b) A petitioner may request a renewal of a firearms
restraining order at any time within the 3 months before the
expiration of a firearms restraining order.
(1) A court shall, after notice and a hearing, renew a
firearms restraining order issued under this part if the
petitioner proves, by clear and convincing evidence, that
the respondent continues to pose a danger of causing
personal injury to himself, herself, or another in the near

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future by having in his or her custody or control,
purchasing, possessing, or receiving a firearm and
ammunition.
(2) In determining whether to renew a firearms
restraining order issued under this Act, the court shall
consider evidence of the facts identified in subsection (e)
of Section 40 of this Act and any other evidence of an
increased risk for violence.
(3) At the hearing, the petitioner shall have the
burden of proving by clear and convincing evidence that the
respondent continues to pose a danger of causing personal
injury to himself, herself, or another in the near future
by having in his or her custody or control, purchasing,
possessing, or receiving a firearm and ammunition.
(4) The renewal of a firearms restraining order issued
under this Section shall be in effect for 6 months, subject
to termination by further order of the court at a hearing
held under this Section and further renewal by further
order of the court under this Section.
(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.