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Illinois Senate Bill SB2805

Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2805 Compare Versions

Only one version of the bill is available at this time.
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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2805 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 430 ILCS 67/5725 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. LRB103 33733 RLC 63547 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2805 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 430 ILCS 67/5725 ILCS 5/112A-4.5 430 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. LRB103 33733 RLC 63547 b LRB103 33733 RLC 63547 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2805 Introduced 1/17/2024, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED:
33 430 ILCS 67/5725 ILCS 5/112A-4.5 430 ILCS 67/5 725 ILCS 5/112A-4.5
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66 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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1212 1 AN ACT concerning protective orders.
1313 2 Be it enacted by the People of the State of Illinois,
1414 3 represented in the General Assembly:
1515 4 Section 5. The Firearms Restraining Order Act is amended
1616 5 by changing Section 5 as follows:
1717 6 (430 ILCS 67/5)
1818 7 Sec. 5. Definitions. As used in this Act:
1919 8 "Family member of the respondent" means a spouse, former
2020 9 spouse, person with whom the respondent has a minor child in
2121 10 common, parent, child, or step-child of the respondent, any
2222 11 other person related by blood or present marriage to the
2323 12 respondent, or a person who shares a common dwelling with the
2424 13 respondent.
2525 14 "Firearms restraining order" means an order issued by the
2626 15 court, prohibiting and enjoining a named person from having in
2727 16 his or her custody or control, purchasing, possessing, or
2828 17 receiving any firearms or ammunition, or removing firearm
2929 18 parts that could be assembled to make an operable firearm.
3030 19 "Intimate partner" means a spouse, former spouse, a person
3131 20 with whom the respondent has or allegedly has a child in
3232 21 common, or a person with whom the respondent has or has had a
3333 22 dating or engagement relationship.
3434 23 "Petitioner" means:
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3939 430 ILCS 67/5725 ILCS 5/112A-4.5 430 ILCS 67/5 725 ILCS 5/112A-4.5
4040 430 ILCS 67/5
4141 725 ILCS 5/112A-4.5
4242 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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7171 1 (1) a family member of the respondent as defined in
7272 2 this Act; or
7373 3 (2) a law enforcement officer who files a petition
7474 4 alleging that the respondent poses a danger of causing
7575 5 personal injury to himself, herself, or another by having
7676 6 in his or her custody or control, purchasing, possessing,
7777 7 or receiving a firearm, ammunition, or firearm parts that
7878 8 could be assembled to make an operable firearm or removing
7979 9 firearm parts that could be assembled to make an operable
8080 10 firearm.
8181 11 If the petitioner is a law enforcement officer, the
8282 12 petitioner shall be referred to as the law enforcement agency
8383 13 in which the officer is employed on all public records
8484 14 concerning the petition and not the individually named officer
8585 15 who filed the petition.
8686 16 "Respondent" means the person alleged in the petition to
8787 17 pose a danger of causing personal injury to himself, herself,
8888 18 or another by having in his or her custody or control,
8989 19 purchasing, possessing, or receiving a firearm, ammunition, or
9090 20 firearm parts that could be assembled to make an operable
9191 21 firearm or removing firearm parts that could be assembled to
9292 22 make an operable firearm.
9393 23 (Source: P.A. 101-81, eff. 7-12-19; 102-345, eff. 6-1-22.)
9494 24 Section 10. The Code of Criminal Procedure of 1963 is
9595 25 amended by changing Section 112A-4.5 as follows:
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106106 1 (725 ILCS 5/112A-4.5)
107107 2 Sec. 112A-4.5. Who may file petition.
108108 3 (a) A petition for a domestic violence order of protection
109109 4 may be filed:
110110 5 (1) by a named victim who has been abused by a family
111111 6 or household member;
112112 7 (2) by any person or by the State's Attorney on behalf
113113 8 of a named victim who is a minor child or an adult who has
114114 9 been abused by a family or household member and who,
115115 10 because of age, health, disability, or inaccessibility,
116116 11 cannot file the petition;
117117 12 (3) by a State's Attorney on behalf of any minor child
118118 13 or dependent adult in the care of the named victim, if the
119119 14 named victim does not file a petition or request the
120120 15 State's Attorney file the petition; or
121121 16 (4) any of the following persons if the person is
122122 17 abused by a family or household member of a child:
123123 18 (i) a foster parent of that child if the child has
124124 19 been placed in the foster parent's home by the
125125 20 Department of Children and Family Services or by
126126 21 another state's public child welfare agency;
127127 22 (ii) a legally appointed guardian or legally
128128 23 appointed custodian of that child;
129129 24 (iii) an adoptive parent of that child;
130130 25 (iv) a prospective adoptive parent of that child
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141141 1 if the child has been placed in the prospective
142142 2 adoptive parent's home pursuant to the Adoption Act or
143143 3 pursuant to another state's law.
144144 4 For purposes of this paragraph (a)(4), individuals who
145145 5 would have been considered "family or household members" of
146146 6 the child under paragraph (3) of subsection (b) of Section
147147 7 112A-3 before a termination of the parental rights with
148148 8 respect to the child continue to meet the definition of
149149 9 "family or household members" of the child.
150150 10 (b) A petition for a civil no contact order may be filed:
151151 11 (1) by any person who is a named victim of
152152 12 non-consensual sexual conduct or non-consensual sexual
153153 13 penetration, including a single incident of non-consensual
154154 14 sexual conduct or non-consensual sexual penetration;
155155 15 (2) by a person or by the State's Attorney on behalf of
156156 16 a named victim who is a minor child or an adult who is a
157157 17 victim of non-consensual sexual conduct or non-consensual
158158 18 sexual penetration but, because of age, disability,
159159 19 health, or inaccessibility, cannot file the petition;
160160 20 (3) by a State's Attorney on behalf of any minor child
161161 21 who is a family or household member of the named victim, if
162162 22 the named victim does not file a petition or request the
163163 23 State's Attorney file the petition;
164164 24 (4) by a service member of the Illinois National Guard
165165 25 or any reserve military component serving within the State
166166 26 who is a victim of non-consensual sexual conduct who has
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177177 1 also received a Military Protective Order; or
178178 2 (5) by the Staff Judge Advocate of the Illinois
179179 3 National Guard or any reserve military component serving
180180 4 in the State on behalf of a named victim who is a victim of
181181 5 non-consensual sexual conduct who has also received a
182182 6 Military Protective Order.
183183 7 (c) A petition for a stalking no contact order may be
184184 8 filed:
185185 9 (1) by any person who is a named victim of stalking;
186186 10 (2) by a person or by the State's Attorney on behalf of
187187 11 a named victim who is a minor child or an adult who is a
188188 12 victim of stalking but, because of age, disability,
189189 13 health, or inaccessibility, cannot file the petition;
190190 14 (3) by a State's Attorney on behalf of any minor child
191191 15 who is a family or household member of the named victim, if
192192 16 the named victim does not file a petition or request the
193193 17 State's Attorney file the petition;
194194 18 (4) by a service member of the Illinois National Guard
195195 19 or any reserve military component serving within the State
196196 20 who is a victim of non-consensual sexual conduct who has
197197 21 also received a Military Protective Order; or
198198 22 (5) by the Staff Judge Advocate of the Illinois
199199 23 National Guard or any reserve military component serving
200200 24 in the State on behalf of a named victim who is a victim of
201201 25 non-consensual sexual conduct who has also received a
202202 26 Military Protective Order.
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213213 1 (d) The State's Attorney shall file a petition on behalf
214214 2 of any person who may file a petition under subsections (a),
215215 3 (b), or (c) of this Section if the person requests the State's
216216 4 Attorney to file a petition on the person's behalf, unless the
217217 5 State's Attorney has a good faith basis to delay filing the
218218 6 petition. The State's Attorney shall inform the person that
219219 7 the State's Attorney will not be filing the petition at that
220220 8 time and that the person may file a petition or may retain an
221221 9 attorney to file the petition. The State's Attorney may file
222222 10 the petition at a later date.
223223 11 (d-5) (1) A person eligible to file a petition under
224224 12 subsection (a), (b), or (c) of this Section may retain an
225225 13 attorney to represent the petitioner on the petitioner's
226226 14 request for a protective order. The attorney's representation
227227 15 is limited to matters related to the petition and relief
228228 16 authorized under this Article.
229229 17 (2) Advocates shall be allowed to accompany the petitioner
230230 18 and confer with the victim, unless otherwise directed by the
231231 19 court. Advocates are not engaged in the unauthorized practice
232232 20 of law when providing assistance to the petitioner.
233233 21 (d-6) If the petitioner is a law enforcement officer or
234234 22 agent of a law enforcement officer, the petitioner shall be
235235 23 referred to as the law enforcement agency in which the officer
236236 24 or agent is employed on all public records concerning the
237237 25 petition and not the individually named officer or agent who
238238 26 filed the petition.
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249249 1 (e) Any petition properly filed under this Article may
250250 2 seek protection for any additional persons protected by this
251251 3 Article.
252252 4 (Source: P.A. 101-81, eff. 7-12-19; 102-890, eff. 5-19-22.)
253253 5 Section 99. Effective date. This Act takes effect upon
254254 6 becoming law.
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