DOM VIOLENCE ORDER-VIOLATION

Illinois General Assembly - Full Text of SB3329

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Full Text of SB3329

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SB3329 - 104th General Assembly

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Senate Amendment 001

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Senate Amendment 001

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SB3329 Enrolled
LRB104 17833 RLC 31267 b
1

AN ACT concerning domestic violence.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Criminal Code of 2012 is amended by
5
changing Section 24-3 as follows:

6

(720 ILCS 5/24-3)

(from Ch. 38, par. 24-3)
7

Sec. 24-3.
Unlawful sale or delivery of firearms.
8

(A) A person commits the offense of unlawful sale or
9
delivery of firearms when he or she knowingly does any of the
10
following:
11

(a) Sells or gives any firearm of a size which may be
12

concealed upon the person to any person under 18 years of
13

age.
14

(b) Sells or gives any firearm to a person under 21
15

years of age who has been convicted of a misdemeanor other
16

than a traffic offense or adjudged delinquent.
17

(c) Sells or gives any firearm to any narcotic addict.
18

(d) Sells or gives any firearm to any person who has
19

been convicted of a felony under the laws of this or any
20

other jurisdiction.
21

(e) Sells or gives any firearm to any person who has
22

been a patient in a mental institution within the past 5
23

years. In this subsection (e):

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

"Mental institution" means any hospital,
2

institution, clinic, evaluation facility, mental
3

health center, or part thereof, which is used
4

primarily for the care or treatment of persons with
5

mental illness.
6

"Patient in a mental institution" means the person
7

was admitted, either voluntarily or involuntarily, to
8

a mental institution for mental health treatment,
9

unless the treatment was voluntary and solely for an
10

alcohol abuse disorder and no other secondary
11

substance abuse disorder or mental illness.
12

(f) Sells or gives any firearms to any person who is a
13

person with an intellectual disability.
14

(g) Delivers any firearm, incidental to a sale,
15

without withholding delivery of the firearm for at least
16

72 hours after application for its purchase has been made,
17

or delivers a stun gun or taser, incidental to a sale,
18

without withholding delivery of the stun gun or taser for
19

at least 24 hours after application for its purchase has
20

been made. However, this paragraph (g) does not apply to:
21

(1) the sale of a firearm to a law enforcement officer if
22

the seller of the firearm knows that the person to whom he
23

or she is selling the firearm is a law enforcement officer
24

or the sale of a firearm to a person who desires to
25

purchase a firearm for use in promoting the public
26

interest incident to his or her employment as a bank

SB3329 Enrolled
- 3 -
LRB104 17833 RLC 31267 b
1

guard, armed truck guard, or other similar employment; (2)
2

a mail order sale of a firearm from a federally licensed
3

firearms dealer to a nonresident of Illinois under which
4

the firearm is mailed to a federally licensed firearms
5

dealer outside the boundaries of Illinois; (3) (blank);
6

(4) the sale of a firearm to a dealer licensed as a federal
7

firearms dealer under Section 923 of the federal Gun
8

Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
9

sale of any rifle, shotgun, or other long gun to a resident
10

registered competitor or attendee or non-resident
11

registered competitor or attendee by any dealer licensed
12

as a federal firearms dealer under Section 923 of the
13

federal Gun Control Act of 1968 at competitive shooting
14

events held at the World Shooting Complex sanctioned by a
15

national governing body. For purposes of transfers or
16

sales under subparagraph (5) of this paragraph (g), the
17

Department of Natural Resources shall give notice to the
18

Illinois State Police at least 30 calendar days prior to
19

any competitive shooting events at the World Shooting
20

Complex sanctioned by a national governing body. The
21

notification shall be made on a form prescribed by the
22

Illinois State Police. The sanctioning body shall provide
23

a list of all registered competitors and attendees at
24

least 24 hours before the events to the Illinois State
25

Police. Any changes to the list of registered competitors
26

and attendees shall be forwarded to the Illinois State

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

Police as soon as practicable. The Illinois State Police
2

must destroy the list of registered competitors and
3

attendees no later than 30 days after the date of the
4

event. Nothing in this paragraph (g) relieves a federally
5

licensed firearm dealer from the requirements of
6

conducting a NICS background check through the Illinois
7

Point of Contact under 18 U.S.C. 922(t). For purposes of
8

this paragraph (g), "application" means when the buyer and
9

seller reach an agreement to purchase a firearm. For
10

purposes of this paragraph (g), "national governing body"
11

means a group of persons who adopt rules and formulate
12

policy on behalf of a national firearm sporting
13

organization.
14

(h) While holding any license as a dealer, importer,
15

manufacturer or pawnbroker under the federal Gun Control
16

Act of 1968, manufactures, sells or delivers to any
17

unlicensed person a handgun having a barrel, slide, frame
18

or receiver which is a die casting of zinc alloy or any
19

other nonhomogeneous metal which will melt or deform at a
20

temperature of less than 800 degrees Fahrenheit. For
21

purposes of this paragraph, (1) "firearm" is defined as in
22

the Firearm Owners Identification Card Act; and (2)
23

"handgun" is defined as a firearm designed to be held and
24

fired by the use of a single hand, and includes a
25

combination of parts from which such a firearm can be
26

assembled.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(i) Sells or gives a firearm of any size to any person
2

under 18 years of age who does not possess a valid Firearm
3

Owner's Identification Card.
4

(j) Sells or gives a firearm while engaged in the
5

business of selling firearms at wholesale or retail
6

without being licensed as a federal firearms dealer under
7

Section 923 of the federal Gun Control Act of 1968 (18
8

U.S.C. 923). In this paragraph (j):
9

A person "engaged in the business" means a person who
10

devotes time, attention, and labor to engaging in the
11

activity as a regular course of trade or business with the
12

principal objective of livelihood and profit, but does not
13

include a person who makes occasional repairs of firearms
14

or who occasionally fits special barrels, stocks, or
15

trigger mechanisms to firearms.
16

"With the principal objective of livelihood and
17

profit" means that the intent underlying the sale or
18

disposition of firearms is predominantly one of obtaining
19

livelihood and pecuniary gain, as opposed to other
20

intents, such as improving or liquidating a personal
21

firearms collection; however, proof of profit shall not be
22

required as to a person who engages in the regular and
23

repetitive purchase and disposition of firearms for
24

criminal purposes or terrorism.
25

(k) Sells or transfers ownership of a firearm to a
26

person who does not display to the seller or transferor of

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

the firearm either: (1) a currently valid Firearm Owner's
2

Identification Card that has previously been issued in the
3

transferee's name by the Illinois State Police under the
4

provisions of the Firearm Owners Identification Card Act;
5

or (2) a currently valid license to carry a concealed
6

firearm that has previously been issued in the
7

transferee's name by the Illinois State Police under the
8

Firearm Concealed Carry Act. This paragraph (k) does not
9

apply to the transfer of a firearm to a person who is
10

exempt from the requirement of possessing a Firearm
11

Owner's Identification Card under Section 2 of the Firearm
12

Owners Identification Card Act. For the purposes of this
13

Section, a currently valid Firearm Owner's Identification
14

Card or license to carry a concealed firearm means receipt
15

of an approval number issued in accordance with subsection
16

(a-10) of Section 3 or Section 3.1 of the Firearm Owners
17

Identification Card Act.
18

(1) In addition to the other requirements of this
19

paragraph (k), all persons who are not federally
20

licensed firearms dealers must also have complied with
21

subsection (a-10) of Section 3 of the Firearm Owners
22

Identification Card Act by determining the validity of
23

a purchaser's Firearm Owner's Identification Card.
24

(2) All sellers or transferors who have complied
25

with the requirements of subparagraph (1) of this
26

paragraph (k) shall not be liable for damages in any

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

civil action arising from the use or misuse by the
2

transferee of the firearm transferred, except for
3

willful or wanton misconduct on the part of the seller
4

or transferor.
5

(l) Not being entitled to the possession of a firearm,
6

delivers the firearm, knowing it to have been stolen or
7

converted. It may be inferred that a person who possesses
8

a firearm with knowledge that its serial number has been
9

removed or altered has knowledge that the firearm is
10

stolen or converted.
11

(m) Gives a firearm or firearm parts to or allows a
12

respondent in an order of protection action access to a
13

firearm or firearm parts in violation of a court order
14

under Section 112A-14(b)(14.5)(E) or (F) of the Code of
15

Criminal Procedure of 1963 or subparagraph (D) or (E) of
16

paragraph (14.5) of subsection (b) of Section 214 of the
17

Illinois Domestic Violence Act of 1986.

18

(B) Paragraph (h) of subsection (A) does not include
19
firearms sold within 6 months after enactment of Public Act
20
78-355 (approved August 21, 1973, effective October 1, 1973),
21
nor is any firearm legally owned or possessed by any citizen or
22
purchased by any citizen within 6 months after the enactment
23
of Public Act 78-355 subject to confiscation or seizure under
24
the provisions of that Public Act. Nothing in Public Act
25
78-355 shall be construed to prohibit the gift or trade of any
26
firearm if that firearm was legally held or acquired within 6

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1
months after the enactment of that Public Act.
2

(C) Sentence.
3

(1) Any person convicted of unlawful sale or delivery
4

of firearms in violation of paragraph (c), (e), (f), (g),
5

or (h) of subsection (A) commits a Class 4 felony.
6

(2) Any person convicted of unlawful sale or delivery
7

of firearms in violation of paragraph (b) or (i) of
8

subsection (A) commits a Class 3 felony.
9

(3) Any person convicted of unlawful sale or delivery
10

of firearms in violation of paragraph (a) of subsection
11

(A) commits a Class 2 felony.
12

(4) Any person convicted of unlawful sale or delivery
13

of firearms in violation of paragraph (a), (b), or (i) of
14

subsection (A) in any school, on the real property
15

comprising a school, within 1,000 feet of the real
16

property comprising a school, at a school related
17

activity, or on or within 1,000 feet of any conveyance
18

owned, leased, or contracted by a school or school
19

district to transport students to or from school or a
20

school related activity, regardless of the time of day or
21

time of year at which the offense was committed, commits a
22

Class 1 felony. Any person convicted of a second or
23

subsequent violation of unlawful sale or delivery of
24

firearms in violation of paragraph (a), (b), or (i) of
25

subsection (A) in any school, on the real property
26

comprising a school, within 1,000 feet of the real

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

property comprising a school, at a school related
2

activity, or on or within 1,000 feet of any conveyance
3

owned, leased, or contracted by a school or school
4

district to transport students to or from school or a
5

school related activity, regardless of the time of day or
6

time of year at which the offense was committed, commits a
7

Class 1 felony for which the sentence shall be a term of
8

imprisonment of no less than 5 years and no more than 15
9

years.
10

(5) Any person convicted of unlawful sale or delivery
11

of firearms in violation of paragraph (a) or (i) of
12

subsection (A) in residential property owned, operated, or
13

managed by a public housing agency or leased by a public
14

housing agency as part of a scattered site or mixed-income
15

development, in a public park, in a courthouse, on
16

residential property owned, operated, or managed by a
17

public housing agency or leased by a public housing agency
18

as part of a scattered site or mixed-income development,
19

on the real property comprising any public park, on the
20

real property comprising any courthouse, or on any public
21

way within 1,000 feet of the real property comprising any
22

public park, courthouse, or residential property owned,
23

operated, or managed by a public housing agency or leased
24

by a public housing agency as part of a scattered site or
25

mixed-income development commits a Class 2 felony.
26

(6) Any person convicted of unlawful sale or delivery

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

of firearms in violation of paragraph (j) of subsection
2

(A) commits a Class A misdemeanor. A second or subsequent
3

violation is a Class 4 felony.
4

(7) Any person convicted of unlawful sale or delivery
5

of firearms in violation of paragraph (k) of subsection
6

(A) commits a Class 4 felony, except that a violation of
7

subparagraph (1) of paragraph (k) of subsection (A) shall
8

not be punishable as a crime or petty offense. A third or
9

subsequent conviction for a violation of paragraph (k) of
10

subsection (A) is a Class 1 felony.
11

(8) A person 18 years of age or older convicted of
12

unlawful sale or delivery of firearms in violation of
13

paragraph (a) or (i) of subsection (A), when the firearm
14

that was sold or given to another person under 18 years of
15

age was used in the commission of or attempt to commit a
16

forcible felony, shall be fined or imprisoned, or both,
17

not to exceed the maximum provided for the most serious
18

forcible felony so committed or attempted by the person
19

under 18 years of age who was sold or given the firearm.
20

(9) Any person convicted of unlawful sale or delivery
21

of firearms in violation of paragraph (d) of subsection
22

(A) commits a Class 3 felony.
23

(10) Any person convicted of unlawful sale or delivery
24

of firearms in violation of paragraph (l) of subsection
25

(A) commits a Class 2 felony if the delivery is of one
26

firearm. Any person convicted of unlawful sale or delivery

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

of firearms in violation of paragraph (l) of subsection
2

(A) commits a Class 1 felony if the delivery is of not less
3

than 2 and not more than 5 firearms at the same time or
4

within a one-year period. Any person convicted of unlawful
5

sale or delivery of firearms in violation of paragraph (l)
6

of subsection (A) commits a Class X felony for which he or
7

she shall be sentenced to a term of imprisonment of not
8

less than 6 years and not more than 30 years if the
9

delivery is of not less than 6 and not more than 10
10

firearms at the same time or within a 2-year period. Any
11

person convicted of unlawful sale or delivery of firearms
12

in violation of paragraph (l) of subsection (A) commits a
13

Class X felony for which he or she shall be sentenced to a
14

term of imprisonment of not less than 6 years and not more
15

than 40 years if the delivery is of not less than 11 and
16

not more than 20 firearms at the same time or within a
17

3-year period. Any person convicted of unlawful sale or
18

delivery of firearms in violation of paragraph (l) of
19

subsection (A) commits a Class X felony for which he or she
20

shall be sentenced to a term of imprisonment of not less
21

than 6 years and not more than 50 years if the delivery is
22

of not less than 21 and not more than 30 firearms at the
23

same time or within a 4-year period. Any person convicted
24

of unlawful sale or delivery of firearms in violation of
25

paragraph (l) of subsection (A) commits a Class X felony
26

for which he or she shall be sentenced to a term of

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

imprisonment of not less than 6 years and not more than 60
2

years if the delivery is of 31 or more firearms at the same
3

time or within a 5-year period.
4

(11) Any person convicted of unlawful sale or delivery
5

of firearms in violation of paragraph (m) of subsection
6

(A) commits a Class A misdemeanor. A second or subsequent
7

violation is a Class 4 felony.

8

(D) For purposes of this Section:
9

"School" means a public or private elementary or secondary
10
school, community college, college, or university.
11

"School related activity" means any sporting, social,
12
academic, or other activity for which students' attendance or
13
participation is sponsored, organized, or funded in whole or
14
in part by a school or school district.
15

(E) A prosecution for a violation of paragraph (k) of
16
subsection (A) of this Section may be commenced within 6 years
17
after the commission of the offense. A prosecution for a
18
violation of this Section other than paragraph (g) of
19
subsection (A) of this Section may be commenced within 5 years
20
after the commission of the offense defined in the particular
21
paragraph.
22
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23
102-813, eff. 5-13-22.)

24

Section 10.
The Code of Criminal Procedure of 1963 is
25
amended by changing Section 112A-14 as follows:

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(725 ILCS 5/112A-14)

(from Ch. 38, par. 112A-14)
2

Sec. 112A-14.
Domestic violence order of protection;
3
remedies.
4

(a) (Blank).
5

(b) The court may order any of the remedies listed in this
6
subsection (b). The remedies listed in this subsection (b)
7
shall be in addition to other civil or criminal remedies
8
available to petitioner.
9

(1) Prohibition of abuse. Prohibit respondent's
10

harassment, interference with personal liberty,
11

intimidation of a dependent, physical abuse, or willful
12

deprivation, as defined in this Article, if such abuse has
13

occurred or otherwise appears likely to occur if not
14

prohibited.
15

(2) Grant of exclusive possession of residence.
16

Prohibit respondent from entering or remaining in any
17

residence, household, or premises of the petitioner,
18

including one owned or leased by respondent, if petitioner
19

has a right to occupancy thereof. The grant of exclusive
20

possession of the residence, household, or premises shall
21

not affect title to real property, nor shall the court be
22

limited by the standard set forth in subsection (c-2) of
23

Section 501 of the Illinois Marriage and Dissolution of
24

Marriage Act.
25

(A) Right to occupancy. A party has a right to

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

occupancy of a residence or household if it is solely
2

or jointly owned or leased by that party, that party's
3

spouse, a person with a legal duty to support that
4

party or a minor child in that party's care, or by any
5

person or entity other than the opposing party that
6

authorizes that party's occupancy (e.g., a domestic
7

violence shelter). Standards set forth in subparagraph
8

(B) shall not preclude equitable relief.
9

(B) Presumption of hardships. If petitioner and
10

respondent each has the right to occupancy of a
11

residence or household, the court shall balance (i)
12

the hardships to respondent and any minor child or
13

dependent adult in respondent's care resulting from
14

entry of this remedy with (ii) the hardships to
15

petitioner and any minor child or dependent adult in
16

petitioner's care resulting from continued exposure to
17

the risk of abuse (should petitioner remain at the
18

residence or household) or from loss of possession of
19

the residence or household (should petitioner leave to
20

avoid the risk of abuse). When determining the balance
21

of hardships, the court shall also take into account
22

the accessibility of the residence or household.
23

Hardships need not be balanced if respondent does not
24

have a right to occupancy.
25

The balance of hardships is presumed to favor
26

possession by petitioner unless the presumption is

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

rebutted by a preponderance of the evidence, showing
2

that the hardships to respondent substantially
3

outweigh the hardships to petitioner and any minor
4

child or dependent adult in petitioner's care. The
5

court, on the request of petitioner or on its own
6

motion, may order respondent to provide suitable,
7

accessible, alternate housing for petitioner instead
8

of excluding respondent from a mutual residence or
9

household.
10

(3) Stay away order and additional prohibitions. Order
11

respondent to stay away from petitioner or any other
12

person protected by the domestic violence order of
13

protection, or prohibit respondent from entering or
14

remaining present at petitioner's school, place of
15

employment, or other specified places at times when
16

petitioner is present, or both, if reasonable, given the
17

balance of hardships. Hardships need not be balanced for
18

the court to enter a stay away order or prohibit entry if
19

respondent has no right to enter the premises.
20

(A) If a domestic violence order of protection
21

grants petitioner exclusive possession of the
22

residence, prohibits respondent from entering the
23

residence, or orders respondent to stay away from
24

petitioner or other protected persons, then the court
25

may allow respondent access to the residence to remove
26

items of clothing and personal adornment used

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

exclusively by respondent, medications, and other
2

items as the court directs. The right to access shall
3

be exercised on only one occasion as the court directs
4

and in the presence of an agreed-upon adult third
5

party or law enforcement officer.
6

(B) When the petitioner and the respondent attend
7

the same public, private, or non-public elementary,
8

middle, or high school, the court when issuing a
9

domestic violence order of protection and providing
10

relief shall consider the severity of the act, any
11

continuing physical danger or emotional distress to
12

the petitioner, the educational rights guaranteed to
13

the petitioner and respondent under federal and State
14

law, the availability of a transfer of the respondent
15

to another school, a change of placement or a change of
16

program of the respondent, the expense, difficulty,
17

and educational disruption that would be caused by a
18

transfer of the respondent to another school, and any
19

other relevant facts of the case. The court may order
20

that the respondent not attend the public, private, or
21

non-public elementary, middle, or high school attended
22

by the petitioner, order that the respondent accept a
23

change of placement or change of program, as
24

determined by the school district or private or
25

non-public school, or place restrictions on the
26

respondent's movements within the school attended by

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

the petitioner. The respondent bears the burden of
2

proving by a preponderance of the evidence that a
3

transfer, change of placement, or change of program of
4

the respondent is not available. The respondent also
5

bears the burden of production with respect to the
6

expense, difficulty, and educational disruption that
7

would be caused by a transfer of the respondent to
8

another school. A transfer, change of placement, or
9

change of program is not unavailable to the respondent
10

solely on the ground that the respondent does not
11

agree with the school district's or private or
12

non-public school's transfer, change of placement, or
13

change of program or solely on the ground that the
14

respondent fails or refuses to consent or otherwise
15

does not take an action required to effectuate a
16

transfer, change of placement, or change of program.
17

When a court orders a respondent to stay away from the
18

public, private, or non-public school attended by the
19

petitioner and the respondent requests a transfer to
20

another attendance center within the respondent's
21

school district or private or non-public school, the
22

school district or private or non-public school shall
23

have sole discretion to determine the attendance
24

center to which the respondent is transferred. If the
25

court order results in a transfer of the minor
26

respondent to another attendance center, a change in

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

the respondent's placement, or a change of the
2

respondent's program, the parents, guardian, or legal
3

custodian of the respondent is responsible for
4

transportation and other costs associated with the
5

transfer or change.
6

(C) The court may order the parents, guardian, or
7

legal custodian of a minor respondent to take certain
8

actions or to refrain from taking certain actions to
9

ensure that the respondent complies with the order. If
10

the court orders a transfer of the respondent to
11

another school, the parents, guardian, or legal
12

custodian of the respondent is responsible for
13

transportation and other costs associated with the
14

change of school by the respondent.
15

(4) Counseling. Require or recommend the respondent to
16

undergo counseling for a specified duration with a social
17

worker, psychologist, clinical psychologist,
18

psychiatrist, family service agency, alcohol or substance
19

abuse program, mental health center guidance counselor,
20

agency providing services to elders, program designed for
21

domestic violence abusers, or any other guidance service
22

the court deems appropriate. The court may order the
23

respondent in any intimate partner relationship to report
24

to an Illinois Department of Human Services protocol
25

approved partner abuse intervention program for an
26

assessment and to follow all recommended treatment.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(5) Physical care and possession of the minor child.
2

In order to protect the minor child from abuse, neglect,
3

or unwarranted separation from the person who has been the
4

minor child's primary caretaker, or to otherwise protect
5

the well-being of the minor child, the court may do either
6

or both of the following: (i) grant petitioner physical
7

care or possession of the minor child, or both, or (ii)
8

order respondent to return a minor child to, or not remove
9

a minor child from, the physical care of a parent or person
10

in loco parentis.
11

If the respondent is charged with abuse (as defined in
12

Section 112A-3 of this Code) of a minor child, there shall
13

be a rebuttable presumption that awarding physical care to
14

respondent would not be in the minor child's best
15

interest.
16

(6) Temporary allocation of parental responsibilities
17

and significant decision-making responsibilities. Award
18

temporary significant decision-making responsibility to
19

petitioner in accordance with this Section, the Illinois
20

Marriage and Dissolution of Marriage Act, the Illinois
21

Parentage Act of 2015, and this State's Uniform
22

Child-Custody Jurisdiction and Enforcement Act.
23

If the respondent is charged with abuse (as defined in
24

Section 112A-3 of this Code) of a minor child, there shall
25

be a rebuttable presumption that awarding temporary
26

significant decision-making responsibility to respondent

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

would not be in the child's best interest.
2

(7) Parenting time. Determine the parenting time, if
3

any, of respondent in any case in which the court awards
4

physical care or temporary significant decision-making
5

responsibility of a minor child to petitioner. The court
6

shall restrict or deny respondent's parenting time with a
7

minor child if the court finds that respondent has done or
8

is likely to do any of the following:
9

(i) abuse or endanger the minor child during
10

parenting time;
11

(ii) use the parenting time as an opportunity to
12

abuse or harass petitioner or petitioner's family or
13

household members;
14

(iii) improperly conceal or detain the minor
15

child; or
16

(iv) otherwise act in a manner that is not in the
17

best interests of the minor child.
18

The court shall not be limited by the standards set
19

forth in Section 603.10 of the Illinois Marriage and
20

Dissolution of Marriage Act. If the court grants parenting
21

time, the order shall specify dates and times for the
22

parenting time to take place or other specific parameters
23

or conditions that are appropriate. No order for parenting
24

time shall refer merely to the term "reasonable parenting
25

time". Petitioner may deny respondent access to the minor
26

child if, when respondent arrives for parenting time,

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

respondent is under the influence of drugs or alcohol and
2

constitutes a threat to the safety and well-being of
3

petitioner or petitioner's minor children or is behaving
4

in a violent or abusive manner. If necessary to protect
5

any member of petitioner's family or household from future
6

abuse, respondent shall be prohibited from coming to
7

petitioner's residence to meet the minor child for
8

parenting time, and the petitioner and respondent shall
9

submit to the court their recommendations for reasonable
10

alternative arrangements for parenting time. A person may
11

be approved to supervise parenting time only after filing
12

an affidavit accepting that responsibility and
13

acknowledging accountability to the court.
14

(8) Removal or concealment of minor child. Prohibit
15

respondent from removing a minor child from the State or
16

concealing the child within the State.
17

(9) Order to appear. Order the respondent to appear in
18

court, alone or with a minor child, to prevent abuse,
19

neglect, removal or concealment of the child, to return
20

the child to the custody or care of the petitioner, or to
21

permit any court-ordered interview or examination of the
22

child or the respondent.
23

(10) Possession of personal property. Grant petitioner
24

exclusive possession of personal property and, if
25

respondent has possession or control, direct respondent to
26

promptly make it available to petitioner, if:

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(i) petitioner, but not respondent, owns the
2

property; or
3

(ii) the petitioner and respondent own the
4

property jointly; sharing it would risk abuse of
5

petitioner by respondent or is impracticable; and the
6

balance of hardships favors temporary possession by
7

petitioner.
8

If petitioner's sole claim to ownership of the
9

property is that it is marital property, the court may
10

award petitioner temporary possession thereof under the
11

standards of subparagraph (ii) of this paragraph only if a
12

proper proceeding has been filed under the Illinois
13

Marriage and Dissolution of Marriage Act, as now or
14

hereafter amended.
15

No order under this provision shall affect title to
16

property.
17

(11) Protection of property. Forbid the respondent
18

from taking, transferring, encumbering, concealing,
19

damaging, or otherwise disposing of any real or personal
20

property, except as explicitly authorized by the court,
21

if:
22

(i) petitioner, but not respondent, owns the
23

property; or
24

(ii) the petitioner and respondent own the
25

property jointly, and the balance of hardships favors
26

granting this remedy.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

If petitioner's sole claim to ownership of the
2

property is that it is marital property, the court may
3

grant petitioner relief under subparagraph (ii) of this
4

paragraph only if a proper proceeding has been filed under
5

the Illinois Marriage and Dissolution of Marriage Act, as
6

now or hereafter amended.
7

The court may further prohibit respondent from
8

improperly using the financial or other resources of an
9

aged member of the family or household for the profit or
10

advantage of respondent or of any other person.
11

(11.5) Protection of animals. Grant the petitioner the
12

exclusive care, custody, or control of any animal owned,
13

possessed, leased, kept, or held by either the petitioner
14

or the respondent or a minor child residing in the
15

residence or household of either the petitioner or the
16

respondent and order the respondent to stay away from the
17

animal and forbid the respondent from taking,
18

transferring, encumbering, concealing, harming, or
19

otherwise disposing of the animal.
20

(12) Order for payment of support. Order respondent to
21

pay temporary support for the petitioner or any child in
22

the petitioner's care or over whom the petitioner has been
23

allocated parental responsibility, when the respondent has
24

a legal obligation to support that person, in accordance
25

with the Illinois Marriage and Dissolution of Marriage
26

Act, which shall govern, among other matters, the amount

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

of support, payment through the clerk and withholding of
2

income to secure payment. An order for child support may
3

be granted to a petitioner with lawful physical care of a
4

child, or an order or agreement for physical care of a
5

child, prior to entry of an order allocating significant
6

decision-making responsibility. Such a support order shall
7

expire upon entry of a valid order allocating parental
8

responsibility differently and vacating petitioner's
9

significant decision-making responsibility unless
10

otherwise provided in the order.
11

(13) Order for payment of losses. Order respondent to
12

pay petitioner for losses suffered as a direct result of
13

the abuse. Such losses shall include, but not be limited
14

to, medical expenses, lost earnings or other support,
15

repair or replacement of property damaged or taken,
16

reasonable attorney's fees, court costs, and moving or
17

other travel expenses, including additional reasonable
18

expenses for temporary shelter and restaurant meals.
19

(i) Losses affecting family needs. If a party is
20

entitled to seek maintenance, child support, or
21

property distribution from the other party under the
22

Illinois Marriage and Dissolution of Marriage Act, as
23

now or hereafter amended, the court may order
24

respondent to reimburse petitioner's actual losses, to
25

the extent that such reimbursement would be
26

"appropriate temporary relief", as authorized by

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

subsection (a)(3) of Section 501 of that Act.
2

(ii) Recovery of expenses. In the case of an
3

improper concealment or removal of a minor child, the
4

court may order respondent to pay the reasonable
5

expenses incurred or to be incurred in the search for
6

and recovery of the minor child, including, but not
7

limited to, legal fees, court costs, private
8

investigator fees, and travel costs.
9

(14) Prohibition of entry. Prohibit the respondent
10

from entering or remaining in the residence or household
11

while the respondent is under the influence of alcohol or
12

drugs and constitutes a threat to the safety and
13

well-being of the petitioner or the petitioner's children.
14

(14.5) Prohibition of possession of firearms and
15

firearm parts; search and seizure of firearms and firearm
16

parts.
17

(A) Subject to the provisions of subparagraph
18

(B-2), if applicable, a person who is subject to an
19

existing domestic violence order of protection issued
20

under this Code may not lawfully possess firearms or
21

firearm parts that could be assembled to make an
22

operable firearm or a Firearm Owner's Identification
23

Card under Section 8.2 of the Firearm Owners
24

Identification Card Act.
25

(B) Any firearms in the possession of the
26

respondent, except as provided in subparagraph (C) of

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LRB104 17833 RLC 31267 b
1

this paragraph (14.5) and subject to the provisions of
2

subparagraph (B-2), if applicable, shall be ordered by
3

the court to be surrendered to law enforcement for
4

safekeeping. Any firearms or firearm parts on the
5

respondent's person or at the place of service shall
6

be immediately surrendered to the serving officers at
7

the time of service of the order of protection, and any
8

other firearms or firearm parts shall be surrendered
9

to local law enforcement within 24 hours of service of
10

the order of protection. Any Firearm Owner's
11

Identification Card or Concealed Carry License in the
12

possession of the respondent, except as provided in
13

subparagraph (C), shall also be ordered by the court
14

to be turned over to serving officers at the time of
15

service of the order of protection or, if not on the
16

respondent's person or at the location where the
17

respondent is served at the time of service, to local
18

law enforcement within 24 hours of service of the
19

order. The law enforcement agency shall immediately
20

mail the card, as well as any license, to the Illinois
21

State Police Firearm Owner's Identification Card
22

Office for safekeeping.
23

(B-1) Upon request of the petitioner or the
24

State's Attorney on behalf of the petitioner, a law
25

enforcement officer may seek a search warrant based on
26

the allegations in the petition for the Order of

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

Protection.
2

(i) If requested by law enforcement, the court
3

shall issue a search warrant for the seizure of
4

any firearms or firearm parts that could be
5

assembled to make an operable firearm belonging to
6

the respondent at or after entry of an order of
7

protection if the court, based upon sworn
8

testimony and governed by Sections 108-3 and
9

108-4, finds probable cause exists that:
10

(aa) the respondent poses an immediate and
11

present credible threat to the physical safety
12

of the petitioner protected by the order of
13

protection;
14

(bb) the respondent possesses firearms or
15

firearm parts that could be assembled to make
16

an operable firearm; and
17

(cc) the firearms or firearm parts that
18

could be assembled to make an operable firearm
19

are located at the residence, vehicle, or
20

other property of the respondent to be
21

searched.
22

(ii) The search warrant shall specify with
23

particularity the scope of the search, including
24

the property to be searched, and shall direct the
25

law enforcement agency to seize the respondent's
26

firearms and firearm parts that could be assembled

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

to make an operable firearm. Law enforcement shall
2

also be directed to seize into their possession
3

any Firearm Owner's Identification Card and any
4

Concealed Carry License belonging to the
5

respondent.
6

(iii) The law enforcement agency to which the
7

court has directed the warrant shall execute the
8

warrant no later than 96 hours after issuance. The
9

law enforcement agency to which the court has
10

directed the warrant may coordinate with other law
11

enforcement agencies to execute the warrant. A
12

return of the warrant shall be filed by the law
13

enforcement agency within 24 hours of execution,
14

setting forth the time, date, and location where
15

the warrant was executed and what items, if any,
16

were seized. If the court is not in session, the
17

return information shall be returned on the next
18

date the court is in session. Subject to the
19

provisions of this Section, peace officers shall
20

have the same authority to execute a warrant
21

issued under this subsection as a warrant issued
22

under Article 108.
23

(iv) If the property to be searched is in
24

another county, the petitioner or the State's
25

Attorney may seek a search warrant in that county
26

with the law enforcement agency with primary

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

responsibility for responding to service calls at
2

the property to be searched. Regardless of whether
3

the petitioner is working with the State's
4

Attorney under subsection (d) of Section 112A-4.5,
5

the petitioner may request the State's Attorney's
6

assistance to request that the law enforcement
7

agency in the county where the property is located
8

seek a search warrant.
9

(v) Service of an order of protection shall,
10

to the extent possible, be concurrent with any
11

warrant issued under this paragraph.
12

(B-2) Ex parte relief may be granted under this
13

paragraph (14.5) only if the court finds that personal
14

injury to the petitioner is likely to occur if the
15

respondent received prior notice and if the petitioner
16

has otherwise satisfied the requirements of Section
17

112A-17.5 of this Article.
18

(C) If the respondent is a peace officer as
19

defined in Section 2-13 of the Criminal Code of 2012,
20

the court shall order that any firearms used by the
21

respondent in the performance of his or her duties as a
22

peace officer be surrendered to the chief law
23

enforcement executive of the agency in which the
24

respondent is employed, who shall retain the firearms
25

for safekeeping for the duration of the domestic
26

violence order of protection.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(D)(i) Any firearms or firearm parts that could be
2

assembled to make an operable firearm that have been
3

seized or surrendered shall be kept by the law
4

enforcement agency that took possession of the items
5

for safekeeping, except as provided in subparagraph
6

(C), (E), or (F). The period of safekeeping shall be
7

for the duration of the order of protection. Except as
8

provided in subparagraph (F), the respondent is
9

prohibited from transferring firearms or firearm parts
10

to another individual in lieu of surrender to law
11

enforcement. The law enforcement agency shall provide
12

an itemized statement of receipt to the respondent and
13

the court describing any seized or surrendered
14

firearms or firearm parts and informing the respondent
15

that the respondent may seek the return of the
16

respondent's items at the end of the order of
17

protection. The law enforcement agency may enter
18

arrangements, as needed, with federally licensed
19

firearm dealers or other law enforcement agencies for
20

the storage of any firearms seized or surrendered
21

under this subsection.
22

(ii) It is the respondent's responsibility to
23

request the return or reinstatement of any Firearm
24

Owner's Identification Card or Concealed Carry License
25

and to notify the Illinois State Police Firearm
26

Owner's Identification Card Office at the end of the

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

Order of Protection.
2

(iii) At the end of the order of protection, a
3

respondent may request the return of any seized or
4

surrendered firearms or firearm parts that could be
5

assembled to make an operable firearm. Seized or
6

surrendered firearms or firearm parts shall be
7

returned within 14 days of the request to the
8

respondent, if the respondent is lawfully eligible to
9

possess firearms, or to a designated third party who
10

is lawfully eligible to possess firearms. If the
11

firearms or firearm parts cannot be returned to
12

respondent because (1) the respondent has not
13

requested the return or transfer of the firearms or
14

firearm parts as set forth in this subparagraph and
15

(2) the respondent cannot be located or fails to
16

respond to more than 3 requests to retrieve the
17

firearms, upon petition from the appropriate law
18

enforcement agency and notice to the respondent at the
19

respondent's last known address, the court may order
20

the law enforcement agency to destroy the firearms or
21

firearm parts; use the firearms or firearm parts for
22

training purposes, or for any other application as
23

deemed appropriate by the law enforcement agency; or
24

turn over the firearms or firearm parts to a third
25

party who is lawfully eligible to possess firearms,
26

and who does not reside with respondent.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(E)(i) If a person other than the respondent
2

claims title to any firearms or firearm parts that
3

could be assembled to make an operable firearm seized
4

or surrendered under this subsection, the person may
5

petition the court to have the firearm and firearm
6

parts that could be assembled to make an operable
7

firearm returned to him or her with proper notice to
8

the petitioner and respondent. If, at a hearing on the
9

petition, the court determines the person to be the
10

lawful owner of the firearm and firearm parts that
11

could be assembled to make an operable firearm, the
12

firearm and firearm parts that could be assembled to
13

make an operable firearm shall be returned to the
14

person, provided that:
15

(aa) the firearm and firearm parts that could
16

be assembled to make an operable firearm are
17

removed from the respondent's custody, control, or
18

possession, and the lawful owner agrees to store
19

the firearm and firearm parts that could be
20

assembled to make an operable firearm in a manner
21

such that the respondent does not have access to
22

or control of the firearm and firearm parts that
23

could be assembled to make an operable firearm;
24

and
25

(bb) the firearm and firearm parts that could
26

be assembled to make an operable firearm are not

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

otherwise unlawfully possessed by the owner.
2

(ii) The person petitioning for the return of his
3

or her firearm and firearm parts that could be
4

assembled to make an operable firearm must swear or
5

affirm by affidavit that he or she:
6

(aa) is the lawful owner of the firearm and
7

firearm parts that could be assembled to make an
8

operable firearm;
9

(bb) shall not transfer the firearm and
10

firearm parts that could be assembled to make an
11

operable firearm to the respondent; and
12

(cc) will store the firearm and firearm parts
13

that could be assembled to make an operable
14

firearm in a manner that the respondent does not
15

have access to or control of the firearm and
16

firearm parts that could be assembled to make an
17

operable firearm.
18

(F)(i) The respondent may file a motion to
19

transfer, at the next scheduled hearing, any seized or
20

surrendered firearms or firearm parts to a third
21

party. Notice of the motion shall be provided to the
22

petitioner and the third party must appear at the
23

hearing.
24

(ii) The court may order transfer of the seized or
25

surrendered firearm or firearm parts only if:
26

(aa) the third party transferee affirms by

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

affidavit
and
to the open court that:
2

(I) the third party transferee does not
3

reside with the respondent;
4

(II) the respondent does not have access
5

to the location in which the third party
6

transferee intends to keep the firearms or
7

firearm parts;
8

(III) the third party transferee will not
9

transfer the firearm or firearm parts to the
10

respondent or anyone who resides with the
11

respondent;
12

(IV) the third party transferee will
13

maintain control and possession of the firearm
14

or firearm parts until otherwise ordered by
15

the court; and
16

(V) the third party transferee
is aware
17

that transferring the firearms or firearm
18

parts or allowing the respondent access to the
19

firearms or firearm parts would be a violation
20

of Section 24-3 of the Criminal Code of 2012

21

will be subject to criminal penalties for
22

transferring the firearms or firearm parts to
23

the respondent
; and
24

(bb) the court finds that:
25

(I) the
third party

respondent
holds a
26

valid Firearm Owner's Identification; and

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(II) the transfer of firearms or firearm
2

parts to the third party transferee does not
3

place the petitioner or any other protected
4

parties at any additional threat or risk of
5

harm.
6

(15) Prohibition of access to records. If a domestic
7

violence order of protection prohibits respondent from
8

having contact with the minor child, or if petitioner's
9

address is omitted under subsection (b) of Section 112A-5
10

of this Code, or if necessary to prevent abuse or wrongful
11

removal or concealment of a minor child, the order shall
12

deny respondent access to, and prohibit respondent from
13

inspecting, obtaining, or attempting to inspect or obtain,
14

school or any other records of the minor child who is in
15

the care of petitioner.
16

(16) Order for payment of shelter services. Order
17

respondent to reimburse a shelter providing temporary
18

housing and counseling services to the petitioner for the
19

cost of the services, as certified by the shelter and
20

deemed reasonable by the court.
21

(17) Order for injunctive relief. Enter injunctive
22

relief necessary or appropriate to prevent further abuse
23

of a family or household member or to effectuate one of the
24

granted remedies, if supported by the balance of
25

hardships. If the harm to be prevented by the injunction
26

is abuse or any other harm that one of the remedies listed

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

in paragraphs (1) through (16) of this subsection is
2

designed to prevent, no further evidence is necessary to
3

establish that the harm is an irreparable injury.
4

(18) Telephone services.
5

(A) Unless a condition described in subparagraph
6

(B) of this paragraph exists, the court may, upon
7

request by the petitioner, order a wireless telephone
8

service provider to transfer to the petitioner the
9

right to continue to use a telephone number or numbers
10

indicated by the petitioner and the financial
11

responsibility associated with the number or numbers,
12

as set forth in subparagraph (C) of this paragraph. In
13

this paragraph (18), the term "wireless telephone
14

service provider" means a provider of commercial
15

mobile service as defined in 47 U.S.C. 332. The
16

petitioner may request the transfer of each telephone
17

number that the petitioner, or a minor child in his or
18

her custody, uses. The clerk of the court shall serve
19

the order on the wireless telephone service provider's
20

agent for service of process provided to the Illinois
21

Commerce Commission. The order shall contain all of
22

the following:
23

(i) The name and billing telephone number of
24

the account holder including the name of the
25

wireless telephone service provider that serves
26

the account.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(ii) Each telephone number that will be
2

transferred.
3

(iii) A statement that the provider transfers
4

to the petitioner all financial responsibility for
5

and right to the use of any telephone number
6

transferred under this paragraph.
7

(B) A wireless telephone service provider shall
8

terminate the respondent's use of, and shall transfer
9

to the petitioner use of, the telephone number or
10

numbers indicated in subparagraph (A) of this
11

paragraph unless it notifies the petitioner, within 72
12

hours after it receives the order, that one of the
13

following applies:
14

(i) The account holder named in the order has
15

terminated the account.
16

(ii) A difference in network technology would
17

prevent or impair the functionality of a device on
18

a network if the transfer occurs.
19

(iii) The transfer would cause a geographic or
20

other limitation on network or service provision
21

to the petitioner.
22

(iv) Another technological or operational
23

issue would prevent or impair the use of the
24

telephone number if the transfer occurs.
25

(C) The petitioner assumes all financial
26

responsibility for and right to the use of any

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

telephone number transferred under this paragraph. In
2

this paragraph, "financial responsibility" includes
3

monthly service costs and costs associated with any
4

mobile device associated with the number.
5

(D) A wireless telephone service provider may
6

apply to the petitioner its routine and customary
7

requirements for establishing an account or
8

transferring a number, including requiring the
9

petitioner to provide proof of identification,
10

financial information, and customer preferences.
11

(E) Except for willful or wanton misconduct, a
12

wireless telephone service provider is immune from
13

civil liability for its actions taken in compliance
14

with a court order issued under this paragraph.
15

(F) All wireless service providers that provide
16

services to residential customers shall provide to the
17

Illinois Commerce Commission the name and address of
18

an agent for service of orders entered under this
19

paragraph (18). Any change in status of the registered
20

agent must be reported to the Illinois Commerce
21

Commission within 30 days of such change.
22

(G) The Illinois Commerce Commission shall
23

maintain the list of registered agents for service for
24

each wireless telephone service provider on the
25

Commission's website. The Commission may consult with
26

wireless telephone service providers and the Circuit

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

Court Clerks on the manner in which this information
2

is provided and displayed.
3

(c) Relevant factors; findings.
4

(1) In determining whether to grant a specific remedy,
5

other than payment of support, the court shall consider
6

relevant factors, including, but not limited to, the
7

following:
8

(i) the nature, frequency, severity, pattern, and
9

consequences of the respondent's past abuse of the
10

petitioner or any family or household member,
11

including the concealment of his or her location in
12

order to evade service of process or notice, and the
13

likelihood of danger of future abuse to petitioner or
14

any member of petitioner's or respondent's family or
15

household; and
16

(ii) the danger that any minor child will be
17

abused or neglected or improperly relocated from the
18

jurisdiction, improperly concealed within the State,
19

or improperly separated from the child's primary
20

caretaker.
21

(2) In comparing relative hardships resulting to the
22

parties from loss of possession of the family home, the
23

court shall consider relevant factors, including, but not
24

limited to, the following:
25

(i) availability, accessibility, cost, safety,
26

adequacy, location, and other characteristics of

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

alternate housing for each party and any minor child
2

or dependent adult in the party's care;
3

(ii) the effect on the party's employment; and
4

(iii) the effect on the relationship of the party,
5

and any minor child or dependent adult in the party's
6

care, to family, school, church, and community.
7

(3) Subject to the exceptions set forth in paragraph
8

(4) of this subsection (c), the court shall make its
9

findings in an official record or in writing, and shall at
10

a minimum set forth the following:
11

(i) That the court has considered the applicable
12

relevant factors described in paragraphs (1) and (2)
13

of this subsection (c).
14

(ii) Whether the conduct or actions of respondent,
15

unless prohibited, will likely cause irreparable harm
16

or continued abuse.
17

(iii) Whether it is necessary to grant the
18

requested relief in order to protect petitioner or
19

other alleged abused persons.
20

(4) (Blank).
21

(5) Never married parties. No rights or
22

responsibilities for a minor child born outside of
23

marriage attach to a putative father until a father and
24

child relationship has been established under the Illinois
25

Parentage Act of 1984, the Illinois Parentage Act of 2015,
26

the Illinois Public Aid Code, Section 12 of the Vital

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

Records Act, the Juvenile Court Act of 1987, the Probate
2

Act of 1975, the Uniform Interstate Family Support Act,
3

the Expedited Child Support Act of 1990, any judicial,
4

administrative, or other act of another state or
5

territory, any other statute of this State, or by any
6

foreign nation establishing the father and child
7

relationship, any other proceeding substantially in
8

conformity with the federal Personal Responsibility and
9

Work Opportunity Reconciliation Act of 1996, or when both
10

parties appeared in open court or at an administrative
11

hearing acknowledging under oath or admitting by
12

affirmation the existence of a father and child
13

relationship. Absent such an adjudication, no putative
14

father shall be granted temporary allocation of parental
15

responsibilities, including parenting time with the minor
16

child, or physical care and possession of the minor child,
17

nor shall an order of payment for support of the minor
18

child be entered.
19

(d) Balance of hardships; findings. If the court finds
20
that the balance of hardships does not support the granting of
21
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
22
subsection (b) of this Section, which may require such
23
balancing, the court's findings shall so indicate and shall
24
include a finding as to whether granting the remedy will
25
result in hardship to respondent that would substantially
26
outweigh the hardship to petitioner from denial of the remedy.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1
The findings shall be an official record or in writing.
2

(e) Denial of remedies. Denial of any remedy shall not be
3
based, in whole or in part, on evidence that:
4

(1) respondent has cause for any use of force, unless
5

that cause satisfies the standards for justifiable use of
6

force provided by Article 7 of the Criminal Code of 2012;
7

(2) respondent was voluntarily intoxicated;
8

(3) petitioner acted in self-defense or defense of
9

another, provided that, if petitioner utilized force, such
10

force was justifiable under Article 7 of the Criminal Code
11

of 2012;
12

(4) petitioner did not act in self-defense or defense
13

of another;
14

(5) petitioner left the residence or household to
15

avoid further abuse by respondent;
16

(6) petitioner did not leave the residence or
17

household to avoid further abuse by respondent; or
18

(7) conduct by any family or household member excused
19

the abuse by respondent, unless that same conduct would
20

have excused such abuse if the parties had not been family
21

or household members.
22
(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23
102-813, eff. 5-13-22; 103-1065, eff. 5-11-25
.)

24

Section 15.
The Illinois Domestic Violence Act of 1986 is
25
amended by changing Section 214 as follows:

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1

(750 ILCS 60/214)

(from Ch. 40, par. 2312-14)
2

Sec. 214.
Order of protection; remedies.
3

(a) Issuance of order. If the court finds that petitioner
4
has been abused by a family or household member or that
5
petitioner is a high-risk adult who has been abused,
6
neglected, or exploited, as defined in this Act, an order of
7
protection prohibiting the abuse, neglect, or exploitation
8
shall issue; provided that petitioner must also satisfy the
9
requirements of one of the following Sections, as appropriate:
10
Section 217 on emergency orders, Section 218 on interim
11
orders, or Section 219 on plenary orders. Petitioner shall not
12
be denied an order of protection because petitioner or
13
respondent is a minor. The court, when determining whether or
14
not to issue an order of protection, shall not require
15
physical manifestations of abuse on the person of the victim.
16
Modification and extension of prior orders of protection shall
17
be in accordance with this Act.
18

(b) Remedies and standards. The remedies to be included in
19
an order of protection shall be determined in accordance with
20
this Section and one of the following Sections, as
21
appropriate: Section 217 on emergency orders, Section 218 on
22
interim orders, and Section 219 on plenary orders. The
23
remedies listed in this subsection shall be in addition to
24
other civil or criminal remedies available to petitioner.
25

(1) Prohibition of abuse, neglect, or exploitation.

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1

Prohibit respondent's harassment, interference with
2

personal liberty, intimidation of a dependent, physical
3

abuse, or willful deprivation, neglect or exploitation, as
4

defined in this Act, or stalking of the petitioner, as
5

defined in Section 12-7.3 of the Criminal Code of 2012, if
6

such abuse, neglect, exploitation, or stalking has
7

occurred or otherwise appears likely to occur if not
8

prohibited.
9

(2) Grant of exclusive possession of residence.
10

Prohibit respondent from entering or remaining in any
11

residence, household, or premises of the petitioner,
12

including one owned or leased by respondent, if petitioner
13

has a right to occupancy thereof. The grant of exclusive
14

possession of the residence, household, or premises shall
15

not affect title to real property, nor shall the court be
16

limited by the standard set forth in subsection (c-2) of
17

Section 501 of the Illinois Marriage and Dissolution of
18

Marriage Act.
19

(A) Right to occupancy. A party has a right to
20

occupancy of a residence or household if it is solely
21

or jointly owned or leased by that party, that party's
22

spouse, a person with a legal duty to support that
23

party or a minor child in that party's care, or by any
24

person or entity other than the opposing party that
25

authorizes that party's occupancy (e.g., a domestic
26

violence shelter). Standards set forth in subparagraph

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1

(B) shall not preclude equitable relief.
2

(B) Presumption of hardships. If petitioner and
3

respondent each has the right to occupancy of a
4

residence or household, the court shall balance (i)
5

the hardships to respondent and any minor child or
6

dependent adult in respondent's care resulting from
7

entry of this remedy with (ii) the hardships to
8

petitioner and any minor child or dependent adult in
9

petitioner's care resulting from continued exposure to
10

the risk of abuse (should petitioner remain at the
11

residence or household) or from loss of possession of
12

the residence or household (should petitioner leave to
13

avoid the risk of abuse). When determining the balance
14

of hardships, the court shall also take into account
15

the accessibility of the residence or household.
16

Hardships need not be balanced if respondent does not
17

have a right to occupancy.
18

The balance of hardships is presumed to favor
19

possession by petitioner unless the presumption is
20

rebutted by a preponderance of the evidence, showing
21

that the hardships to respondent substantially
22

outweigh the hardships to petitioner and any minor
23

child or dependent adult in petitioner's care. The
24

court, on the request of petitioner or on its own
25

motion, may order respondent to provide suitable,
26

accessible, alternate housing for petitioner instead

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

of excluding respondent from a mutual residence or
2

household.
3

(3) Stay away order and additional prohibitions. Order
4

respondent to stay away from petitioner or any other
5

person protected by the order of protection, or prohibit
6

respondent from entering or remaining present at
7

petitioner's school, place of employment, or other
8

specified places at times when petitioner is present, or
9

both, if reasonable, given the balance of hardships.
10

Hardships need not be balanced for the court to enter a
11

stay away order or prohibit entry if respondent has no
12

right to enter the premises.
13

(A) If an order of protection grants petitioner
14

exclusive possession of the residence, or prohibits
15

respondent from entering the residence, or orders
16

respondent to stay away from petitioner or other
17

protected persons, then the court may allow respondent
18

access to the residence to remove items of clothing
19

and personal adornment used exclusively by respondent,
20

medications, and other items as the court directs. The
21

right to access shall be exercised on only one
22

occasion as the court directs and in the presence of an
23

agreed-upon adult third party or law enforcement
24

officer.
25

(B) When the petitioner and the respondent attend
26

the same public, private, or non-public elementary,

SB3329 Enrolled
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1

middle, or high school, the court when issuing an
2

order of protection and providing relief shall
3

consider the severity of the act, any continuing
4

physical danger or emotional distress to the
5

petitioner, the educational rights guaranteed to the
6

petitioner and respondent under federal and State law,
7

the availability of a transfer of the respondent to
8

another school, a change of placement or a change of
9

program of the respondent, the expense, difficulty,
10

and educational disruption that would be caused by a
11

transfer of the respondent to another school, and any
12

other relevant facts of the case. The court may order
13

that the respondent not attend the public, private, or
14

non-public elementary, middle, or high school attended
15

by the petitioner, order that the respondent accept a
16

change of placement or change of program, as
17

determined by the school district or private or
18

non-public school, or place restrictions on the
19

respondent's movements within the school attended by
20

the petitioner. The respondent bears the burden of
21

proving by a preponderance of the evidence that a
22

transfer, change of placement, or change of program of
23

the respondent is not available. The respondent also
24

bears the burden of production with respect to the
25

expense, difficulty, and educational disruption that
26

would be caused by a transfer of the respondent to

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

another school. A transfer, change of placement, or
2

change of program is not unavailable to the respondent
3

solely on the ground that the respondent does not
4

agree with the school district's or private or
5

non-public school's transfer, change of placement, or
6

change of program or solely on the ground that the
7

respondent fails or refuses to consent or otherwise
8

does not take an action required to effectuate a
9

transfer, change of placement, or change of program.
10

When a court orders a respondent to stay away from the
11

public, private, or non-public school attended by the
12

petitioner and the respondent requests a transfer to
13

another attendance center within the respondent's
14

school district or private or non-public school, the
15

school district or private or non-public school shall
16

have sole discretion to determine the attendance
17

center to which the respondent is transferred. In the
18

event the court order results in a transfer of the
19

minor respondent to another attendance center, a
20

change in the respondent's placement, or a change of
21

the respondent's program, the parents, guardian, or
22

legal custodian of the respondent is responsible for
23

transportation and other costs associated with the
24

transfer or change.
25

(C) The court may order the parents, guardian, or
26

legal custodian of a minor respondent to take certain

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

actions or to refrain from taking certain actions to
2

ensure that the respondent complies with the order. In
3

the event the court orders a transfer of the
4

respondent to another school, the parents, guardian,
5

or legal custodian of the respondent is responsible
6

for transportation and other costs associated with the
7

change of school by the respondent.
8

(4) Counseling. Require or recommend the respondent to
9

undergo counseling for a specified duration with a social
10

worker, psychologist, clinical psychologist,
11

psychiatrist, family service agency, alcohol or substance
12

abuse program, mental health center guidance counselor,
13

agency providing services to elders, program designed for
14

domestic violence abusers or any other guidance service
15

the court deems appropriate. The Court may order the
16

respondent in any intimate partner relationship to report
17

to an Illinois Department of Human Services protocol
18

approved partner abuse intervention program for an
19

assessment and to follow all recommended treatment.
20

(5) Physical care and possession of the minor child.
21

In order to protect the minor child from abuse, neglect,
22

or unwarranted separation from the person who has been the
23

minor child's primary caretaker, or to otherwise protect
24

the well-being of the minor child, the court may do either
25

or both of the following: (i) grant petitioner physical
26

care or possession of the minor child, or both, or (ii)

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

order respondent to return a minor child to, or not remove
2

a minor child from, the physical care of a parent or person
3

in loco parentis.
4

If a court finds, after a hearing, that respondent has
5

committed abuse (as defined in Section 103) of a minor
6

child, there shall be a rebuttable presumption that
7

awarding physical care to respondent would not be in the
8

minor child's best interest.
9

(6) Temporary allocation of parental responsibilities:
10

significant decision-making. Award temporary
11

decision-making responsibility to petitioner in accordance
12

with this Section, the Illinois Marriage and Dissolution
13

of Marriage Act, the Illinois Parentage Act of 2015, and
14

this State's Uniform Child-Custody Jurisdiction and
15

Enforcement Act.
16

If a court finds, after a hearing, that respondent has
17

committed abuse (as defined in Section 103) of a minor
18

child, there shall be a rebuttable presumption that
19

awarding temporary significant decision-making
20

responsibility to respondent would not be in the child's
21

best interest.
22

(7) Parenting time. Determine the parenting time, if
23

any, of respondent in any case in which the court awards
24

physical care or allocates temporary significant
25

decision-making responsibility of a minor child to
26

petitioner. The court shall restrict or deny respondent's

SB3329 Enrolled
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1

parenting time with a minor child if the court finds that
2

respondent has done or is likely to do any of the
3

following: (i) abuse or endanger the minor child during
4

parenting time; (ii) use the parenting time as an
5

opportunity to abuse or harass petitioner or petitioner's
6

family or household members; (iii) improperly conceal or
7

detain the minor child; or (iv) otherwise act in a manner
8

that is not in the best interests of the minor child. The
9

court shall not be limited by the standards set forth in
10

Section 603.10 of the Illinois Marriage and Dissolution of
11

Marriage Act. If the court grants parenting time, the
12

order shall specify dates and times for the parenting time
13

to take place or other specific parameters or conditions
14

that are appropriate. No order for parenting time shall
15

refer merely to the term "reasonable parenting time".
16

Petitioner may deny respondent access to the minor
17

child if, when respondent arrives for parenting time,
18

respondent is under the influence of drugs or alcohol and
19

constitutes a threat to the safety and well-being of
20

petitioner or petitioner's minor children or is behaving
21

in a violent or abusive manner.
22

If necessary to protect any member of petitioner's
23

family or household from future abuse, respondent shall be
24

prohibited from coming to petitioner's residence to meet
25

the minor child for parenting time, and the parties shall
26

submit to the court their recommendations for reasonable

SB3329 Enrolled
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1

alternative arrangements for parenting time. A person may
2

be approved to supervise parenting time only after filing
3

an affidavit accepting that responsibility and
4

acknowledging accountability to the court.
5

(8) Removal or concealment of minor child. Prohibit
6

respondent from removing a minor child from the State or
7

concealing the child within the State.
8

(9) Order to appear. Order the respondent to appear in
9

court, alone or with a minor child, to prevent abuse,
10

neglect, removal or concealment of the child, to return
11

the child to the custody or care of the petitioner or to
12

permit any court-ordered interview or examination of the
13

child or the respondent.
14

(10) Possession of personal property. Grant petitioner
15

exclusive possession of personal property and, if
16

respondent has possession or control, direct respondent to
17

promptly make it available to petitioner, if:
18

(i) petitioner, but not respondent, owns the
19

property; or
20

(ii) the parties own the property jointly; sharing
21

it would risk abuse of petitioner by respondent or is
22

impracticable; and the balance of hardships favors
23

temporary possession by petitioner.
24

If petitioner's sole claim to ownership of the
25

property is that it is marital property, the court may
26

award petitioner temporary possession thereof under the

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LRB104 17833 RLC 31267 b
1

standards of subparagraph (ii) of this paragraph only if a
2

proper proceeding has been filed under the Illinois
3

Marriage and Dissolution of Marriage Act, as now or
4

hereafter amended.
5

No order under this provision shall affect title to
6

property.
7

(11) Protection of property. Forbid the respondent
8

from taking, transferring, encumbering, concealing,
9

damaging or otherwise disposing of any real or personal
10

property, except as explicitly authorized by the court,
11

if:
12

(i) petitioner, but not respondent, owns the
13

property; or
14

(ii) the parties own the property jointly, and the
15

balance of hardships favors granting this remedy.
16

If petitioner's sole claim to ownership of the
17

property is that it is marital property, the court may
18

grant petitioner relief under subparagraph (ii) of this
19

paragraph only if a proper proceeding has been filed under
20

the Illinois Marriage and Dissolution of Marriage Act, as
21

now or hereafter amended.
22

The court may further prohibit respondent from
23

improperly using the financial or other resources of an
24

aged member of the family or household for the profit or
25

advantage of respondent or of any other person.
26

(11.5) Protection of animals. Grant the petitioner the

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1

exclusive care, custody, or control of any animal owned,
2

possessed, leased, kept, or held by either the petitioner
3

or the respondent or a minor child residing in the
4

residence or household of either the petitioner or the
5

respondent and order the respondent to stay away from the
6

animal and forbid the respondent from taking,
7

transferring, encumbering, concealing, harming, or
8

otherwise disposing of the animal.
9

(12) Order for payment of support. Order respondent to
10

pay temporary support for the petitioner or any child in
11

the petitioner's care or over whom the petitioner has been
12

allocated parental responsibility, when the respondent has
13

a legal obligation to support that person, in accordance
14

with the Illinois Marriage and Dissolution of Marriage
15

Act, which shall govern, among other matters, the amount
16

of support, payment through the clerk and withholding of
17

income to secure payment. An order for child support may
18

be granted to a petitioner with lawful physical care of a
19

child, or an order or agreement for physical care of a
20

child, prior to entry of an order allocating significant
21

decision-making responsibility. Such a support order shall
22

expire upon entry of a valid order allocating parental
23

responsibility differently and vacating the petitioner's
24

significant decision-making authority, unless otherwise
25

provided in the order.
26

(13) Order for payment of losses. Order respondent to

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LRB104 17833 RLC 31267 b
1

pay petitioner for losses suffered as a direct result of
2

the abuse, neglect, or exploitation. Such losses shall
3

include, but not be limited to, medical expenses, lost
4

earnings or other support, repair or replacement of
5

property damaged or taken, reasonable attorney's fees,
6

court costs and moving or other travel expenses, including
7

additional reasonable expenses for temporary shelter and
8

restaurant meals.
9

(i) Losses affecting family needs. If a party is
10

entitled to seek maintenance, child support or
11

property distribution from the other party under the
12

Illinois Marriage and Dissolution of Marriage Act, as
13

now or hereafter amended, the court may order
14

respondent to reimburse petitioner's actual losses, to
15

the extent that such reimbursement would be
16

"appropriate temporary relief", as authorized by
17

subsection (a)(3) of Section 501 of that Act.
18

(ii) Recovery of expenses. In the case of an
19

improper concealment or removal of a minor child, the
20

court may order respondent to pay the reasonable
21

expenses incurred or to be incurred in the search for
22

and recovery of the minor child, including but not
23

limited to legal fees, court costs, private
24

investigator fees, and travel costs.
25

(14) Prohibition of entry. Prohibit the respondent
26

from entering or remaining in the residence or household

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

while the respondent is under the influence of alcohol or
2

drugs and constitutes a threat to the safety and
3

well-being of the petitioner or the petitioner's children.
4

(14.5) Prohibition of possession of firearms and
5

firearm parts; search and seizure of firearms and firearms
6

parts.
7

(A)(i) Prohibit a respondent against whom an
8

emergency, interim, or plenary order of protection was
9

issued from possessing, during the duration of the
10

order, any firearms or firearm parts that could be
11

assembled into an operable firearm if a search warrant
12

is issued under (A-1) or the order:
13

(aa) was issued after a hearing of which such
14

person received actual notice, and at which such
15

person had an opportunity to participate, or the
16

petitioner has satisfied the requirements of
17

Section 217;
18

(bb) restrains such person from using physical
19

force; harassing, stalking, or threatening
an
20

intimate partner of such person or child of such
21

intimate partner or person
; or engaging in other
22

conduct that would place
a petitioner

an intimate
23

partner
in reasonable fear of bodily injury
to the
24

partner or child
; and
25

(cc) includes a finding that such person
26

represents a credible threat to the physical

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LRB104 17833 RLC 31267 b
1

safety of
a petitioner

such intimate partner or
2

child
.
3

(ii) The court shall order any respondent
4

prohibited from possessing firearms under item (i) of
5

subparagraph (A) to surrender any firearms or firearm
6

parts that could be assembled to make an operable
7

firearm. Any firearms or firearm parts on the
8

respondent's person or at the place of service shall
9

be surrendered to the serving officers at the time of
10

service of the order of protection, and any other
11

firearms or firearm parts shall be surrendered to
12

local law enforcement within 24 hours of service of
13

the order of protection. Any Firearm Owner's
14

Identification Card or Concealed Carry License in the
15

possession of the respondent, except as provided in
16

subparagraph (B), shall also be ordered by the court
17

to be turned over to the officer serving the order of
18

protection at the time of service or, if not on the
19

respondent's person or at the location where the
20

respondent is served at the time of service, to local
21

law enforcement within 24 hours of service of the
22

order of protection. The law enforcement agency shall
23

immediately mail the card, as well as any license, to
24

the Illinois State Police Firearm Owner's
25

Identification Card Office for safekeeping.
26

(A-1)(i) Upon issuance of an emergency, interim,

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

or plenary order of protection and subject to the
2

provisions of item (ii) of this subparagraph (A-1),
3

the court shall issue a search warrant for the seizure
4

of any firearms or firearm parts that could be
5

assembled to make an operable firearm belonging to the
6

respondent if the court, based upon sworn testimony,
7

finds that:
8

(aa) the respondent poses a credible threat to
9

the physical safety of the petitioner protected by
10

the order of protection; and
11

(bb) probable cause exists to believe that:
12

(I) the respondent possesses firearms or
13

firearm parts that could be assembled to make
14

an operable firearm;
15

(II) the firearms or firearm parts that
16

could be assembled to make an operable firearm
17

are located at the residence, vehicle, or
18

other property of the respondent to be
19

searched; and
20

(III) the credible threat to the physical
21

safety of the petitioner protected by the
22

order of protection is immediate and present.
23

The record shall reflect the court's findings in
24

determining whether the search warrant shall be
25

issued.
26

(ii) If the petitioner does not seek a warrant

SB3329 Enrolled
- 59 -
LRB104 17833 RLC 31267 b
1

under this subparagraph (A-1) or the court determines
2

that the requirements of this subparagraph (A-1) have
3

not been met, relief under subparagraph (A) alone may
4

be granted.
5

(iii) An ex parte search warrant shall be granted
6

under this subparagraph (A-1) only if the court finds
7

that:
8

(aa) the elements of item (i) of subparagraph
9

(A-1) have been met;
10

(bb) personal injury to the petitioner is
11

likely to occur if the respondent received prior
12

notice; and
13

(cc) the petitioner has otherwise satisfied
14

the requirements of Section 217 of this Act.
15

(iv) Oral testimony is sufficient in lieu of an
16

affidavit to support a finding of probable cause.
17

(v) A search warrant issued under this
18

subparagraph (A-1) shall be directed by the court for
19

enforcement to the law enforcement agency with primary
20

responsibility for responding to calls for service at
21

the location to be searched or to another appropriate
22

law enforcement agency if justified by the
23

circumstances. The search warrant shall specify with
24

particularity the scope of the search, including the
25

property to be searched, and shall direct the law
26

enforcement agency to seize the respondent's firearms

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

and firearm parts that could be assembled to make an
2

operable firearm. Law enforcement shall also be
3

directed to seize any Firearm Owner's Identification
4

Card and any Concealed Carry License belonging to the
5

respondent.
6

(vi) The petitioner shall prepare an information
7

sheet, reviewed by the court, for law enforcement at
8

the time the warrant is granted. The information sheet
9

shall include:
10

(aa) contact information for the petitioner,
11

the petitioner's attorney, or both, including a
12

telephone number and email, if available;
13

(bb) a physical description of the respondent,
14

including the respondent's date of birth, if
15

known, or approximate age, height, weight, race,
16

and hair color;
17

(cc) days and times that the respondent is
18

likely to be at the property to be searched, if
19

known; and
20

(dd) whether people other than the respondent
21

are likely to be present at the property to be
22

searched and when, if known.
23

(vii) The information sheet shall be transmitted
24

to the law enforcement agency to which the search
25

warrant is directed in the same manner as the warrant
26

is transmitted under Section 222 of this Act.

SB3329 Enrolled
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LRB104 17833 RLC 31267 b
1

(viii) If the court, after determining a search
2

warrant should issue, finds that the petitioner has
3

made a credible report of domestic violence to the
4

local law enforcement agency within the previous 90
5

days, law enforcement shall execute the warrant no
6

later than 96 hours after receipt of the warrant. If
7

the court finds that petitioner has not made such a
8

report, the law enforcement agency to which the court
9

has directed the warrant shall, within 48 hours of
10

receipt, evaluate the warrant and seek any corrections
11

to the warrant, and, if applicable, add to or negate
12

the warrant.
If the law enforcement agency seeks to
13

negate the warrant, it shall take reasonable steps to
14

notify the petitioner before appearing before the
15

court.
The record shall reflect the court's findings
16

in determining whether to correct, add, or negate the
17

warrant. If a change is made regarding the search
18

warrant, law enforcement shall execute the warrant no
19

later than 96 hours after the correction is issued.
20

The law enforcement agency shall notify the petitioner
21

of any changes to the warrant or if the warrant has
22

been negated. The law enforcement agency to which the
23

court has directed the warrant may coordinate with
24

other law enforcement agencies to execute the warrant.
25

A return of the warrant shall be filed by the law
26

enforcement agency within 24 hours of execution,

SB3329 Enrolled
- 62 -
LRB104 17833 RLC 31267 b
1

setting forth the time, date, and location where the
2

warrant was executed and what items, if any, were
3

seized. If the court is not in session, the return
4

information shall be returned on the next date the
5

court is in session. Subject to the provisions of this
6

Section, peace officers shall have the same authority
7

to execute a warrant issued pursuant to this
8

subsection as a warrant issued under Article 108 of
9

the Code of Criminal Procedure of 1963.
10

(ix) Upon discovering a defect in the search
11

warrant, the appropriate law enforcement agency may
12

petition the court to correct the warrant. The law
13

enforcement agency shall notify the petitioner of any
14

such correction.
15

(x) Upon petition by the appropriate law
16

enforcement agency, the court may modify the search
17

warrant or extend the time to execute the search
18

warrant for a period of no more than 96 hours.
If the
19

court is not in session, the law enforcement agency
20

may seek an extension and, if needed, modification on
21

the next day the court is in session. Any extension
22

granted under this paragraph shall run from the end of
23

the initial period to execute the warrant or the entry
24

of the extending order, whichever is later.
In
25

determining whether to modify or extend the warrant,
26

the court shall consider:

SB3329 Enrolled
- 63 -
LRB104 17833 RLC 31267 b
1

(aa) any increased risk to the petitioner's
2

safety that may result from a modification or
3

extension of the warrant;
4

(bb) any unnecessary risk to law enforcement
5

that would be mitigated by a modification or
6

extension of the warrant;
7

(cc) any risks to third parties at the
8

location to be searched that would be mitigated by
9

a modification or extension of the warrant; and
10

(dd) the likelihood of successful execution of
11

warrant.
12

The record shall reflect the court's findings in
13

determining whether to extend or modify the warrant.
14

If seeking an extension of time to execute the
15

warrant, the law enforcement agency shall take
16

reasonable steps to notify the petitioner prior to
17

appearing before the court.
The law enforcement agency
18

shall notify the petitioner of any modification or
19

extension of the warrant.
20

(xi) Service of any order of protection shall, to
21

the extent possible, be concurrent with the execution
22

of any search warrant under this paragraph.
23

(B) If the respondent is a peace officer as
24

defined in Section 2-13 of the Criminal Code of 2012,
25

the court shall order that any firearms used by the
26

respondent in the performance of his or her duties as a

SB3329 Enrolled
- 64 -
LRB104 17833 RLC 31267 b
1

peace officer be surrendered to the chief law
2

enforcement executive of the agency in which the
3

respondent is employed, who shall retain the firearms
4

for safekeeping for the duration of the order of
5

protection.
6

(C)(i) Any firearms or firearm parts that could be
7

assembled to make an operable firearm shall be kept by
8

the law enforcement agency that took possession of the
9

items for safekeeping, except as provided in
10

subparagraph (B). The period of safekeeping shall be
11

for the duration of the order of protection. Except as
12

provided in subparagraph (E), the respondent is
13

prohibited from transferring firearms or firearm parts
14

to another individual in lieu of surrender to law
15

enforcement. The law enforcement agency shall provide
16

an itemized statement of receipt to the respondent and
17

the court describing any seized or surrendered
18

firearms or firearm parts and informing the respondent
19

that the respondent may seek the return of the
20

respondent's items at the end of the order of
21

protection. The law enforcement agency may enter
22

arrangements, as needed, with federally licensed
23

firearm dealers or other law enforcement agencies for
24

the storage of any firearms seized or surrendered
25

under this subsection.
26

(ii) It is the respondent's responsibility to

SB3329 Enrolled
- 65 -
LRB104 17833 RLC 31267 b
1

request the return or reinstatement of any Firearm
2

Owner's Identification Card or Concealed Carry License
3

and notify the Illinois State Police Firearm Owner's
4

Identification Card Office at the end of the Order of
5

Protection.
6

(iii) At the end of the order of protection, a
7

respondent may request the return of any seized or
8

surrendered firearms or firearm parts that could be
9

assembled to make an operable firearm. Such firearms
10

or firearm parts shall be returned within 14 days of
11

the request to the respondent, if the respondent is
12

lawfully eligible to possess firearms, or to a
13

designated third party who is lawfully eligible to
14

possess firearms. If the firearms or firearm parts
15

cannot be returned to respondent because (1) the
16

respondent has not requested the return or transfer of
17

the firearms or firearm parts as set forth in this
18

subparagraph, and (2) the respondent cannot be located
19

or fails to respond to more than 3 requests to retrieve
20

the firearms or firearm parts the court may, or is not
21

lawfully eligible to possess a firearm, upon petition
22

from the appropriate law enforcement agency and notice
23

to the respondent at the respondent's last known
24

address, order the law enforcement agency to destroy
25

the firearms or firearm parts; use the firearms or
26

firearm parts for training purposes or for any other

SB3329 Enrolled
- 66 -
LRB104 17833 RLC 31267 b
1

application as deemed appropriate by the law
2

enforcement agency; or turn over the firearm or
3

firearm parts to a third party who is lawfully
4

eligible to possess firearms, and who does not reside
5

with respondent.
6

(D)(i) If a person other than the respondent
7

claims title to any firearms and firearm parts that
8

could be assembled to make an operable firearm seized
9

or surrendered under this subsection, the person may
10

petition the court to have the firearm and firearm
11

parts that could be assembled to make an operable
12

firearm returned to him or her with proper notice to
13

the petitioner and respondent. If, at a hearing on the
14

petition, the court determines the person to be the
15

lawful owner of the firearm and firearm parts that
16

could be assembled to make an operable firearm, the
17

firearm and firearm parts that could be assembled to
18

make an operable firearm shall be returned to the
19

person, provided that:
20

(aa) the firearm and firearm parts that could
21

be assembled to make an operable firearm are
22

removed from the respondent's custody, control, or
23

possession and the lawful owner agrees to store
24

the firearm and firearm parts that could be
25

assembled to make an operable firearm in a manner
26

such that the respondent does not have access to

SB3329 Enrolled
- 67 -
LRB104 17833 RLC 31267 b
1

or control of the firearm and firearm parts that
2

could be assembled to make an operable firearm;
3

and
4

(bb) the firearm and firearm parts that could
5

be assembled to make an operable firearm are not
6

otherwise unlawfully possessed by the owner.
7

(ii) The person petitioning for the return of his
8

or her firearm and firearm parts that could be
9

assembled to make an operable firearm must swear or
10

affirm by affidavit that he or she:
11

(aa) is the lawful owner of the firearm and
12

firearm parts that could be assembled to make an
13

operable firearm;
14

(bb) shall not transfer the firearm and
15

firearm parts that could be assembled to make an
16

operable firearm to the respondent; and
17

(cc) will store the firearm and firearm parts
18

that could be assembled to make an operable
19

firearm in a manner that the respondent does not
20

have access to or control of the firearm and
21

firearm parts that could be assembled to make an
22

operable firearm.
23

(E)(i) The respondent may file a motion to
24

transfer, at the next scheduled hearing, any seized or
25

surrendered firearms or firearm parts to a third
26

party. Notice of the motion shall be provided to the

SB3329 Enrolled
- 68 -
LRB104 17833 RLC 31267 b
1

petitioner and the third party must appear at the
2

hearing.
3

(ii) The court may order transfer of the seized or
4

surrendered firearm or firearm parts only if:
5

(aa) the third party transferee affirms by
6

affidavit
and
to the open court that:
7

(I) the third party transferee does not
8

reside with the respondent;
9

(II) the respondent does not have access
10

to the location in which the third party
11

transferee intends to keep the firearms or
12

firearm parts;
13

(III) the third party transferee will not
14

transfer the firearm or firearm parts to the
15

respondent or anyone who resides with the
16

respondent;
17

(IV) the third party transferee will
18

maintain control and possession of the firearm
19

or firearm parts until otherwise ordered by
20

the court; and
21

(V) the third party transferee
is aware
22

that transferring the firearms or firearm
23

parts or allowing the respondent access to the
24

firearms or firearm parts would be a violation
25

of Section 24-3 of the Criminal Code of 2012

26

will be subject to criminal penalties for

SB3329 Enrolled
- 69 -
LRB104 17833 RLC 31267 b
1

transferring the firearms or firearm parts to
2

the respondent
; and
3

(bb) the court finds that:
4

(I) the
third party

respondent
holds a
5

valid Firearm Owner's Identification; and
6

(II) the transfer of firearms or firearm
7

parts to the third party transferee does not
8

place the petitioner or any other protected
9

parties at any additional threat or risk of
10

harm.
11

(15) Prohibition of access to records. If an order of
12

protection prohibits respondent from having contact with
13

the minor child, or if petitioner's address is omitted
14

under subsection (b) of Section 203, or if necessary to
15

prevent abuse or wrongful removal or concealment of a
16

minor child, the order shall deny respondent access to,
17

and prohibit respondent from inspecting, obtaining, or
18

attempting to inspect or obtain, school or any other
19

records of the minor child who is in the care of
20

petitioner.
21

(16) Order for payment of shelter services. Order
22

respondent to reimburse a shelter providing temporary
23

housing and counseling services to the petitioner for the
24

cost of the services, as certified by the shelter and
25

deemed reasonable by the court.
26

(17) Order for injunctive relief. Enter injunctive

SB3329 Enrolled
- 70 -
LRB104 17833 RLC 31267 b
1

relief necessary or appropriate to prevent further abuse
2

of a family or household member or further abuse, neglect,
3

or exploitation of a high-risk adult with disabilities or
4

to effectuate one of the granted remedies, if supported by
5

the balance of hardships. If the harm to be prevented by
6

the injunction is abuse or any other harm that one of the
7

remedies listed in paragraphs (1) through (16) of this
8

subsection is designed to prevent, no further evidence is
9

necessary that the harm is an irreparable injury.
10

(18) Telephone services.
11

(A) Unless a condition described in subparagraph
12

(B) of this paragraph exists, the court may, upon
13

request by the petitioner, order a wireless telephone
14

service provider to transfer to the petitioner the
15

right to continue to use a telephone number or numbers
16

indicated by the petitioner and the financial
17

responsibility associated with the number or numbers,
18

as set forth in subparagraph (C) of this paragraph.
19

For purposes of this paragraph (18), the term
20

"wireless telephone service provider" means a provider
21

of commercial mobile service as defined in 47 U.S.C.
22

332. The petitioner may request the transfer of each
23

telephone number that the petitioner, or a minor child
24

in his or her custody, uses. The clerk of the court
25

shall serve the order on the wireless telephone
26

service provider's agent for service of process

SB3329 Enrolled
- 71 -
LRB104 17833 RLC 31267 b
1

provided to the Illinois Commerce Commission. The
2

order shall contain all of the following:
3

(i) The name and billing telephone number of
4

the account holder including the name of the
5

wireless telephone service provider that serves
6

the account.
7

(ii) Each telephone number that will be
8

transferred.
9

(iii) A statement that the provider transfers
10

to the petitioner all financial responsibility for
11

and right to the use of any telephone number
12

transferred under this paragraph.
13

(B) A wireless telephone service provider shall
14

terminate the respondent's use of, and shall transfer
15

to the petitioner use of, the telephone number or
16

numbers indicated in subparagraph (A) of this
17

paragraph unless it notifies the petitioner, within 72
18

hours after it receives the order, that one of the
19

following applies:
20

(i) The account holder named in the order has
21

terminated the account.
22

(ii) A difference in network technology would
23

prevent or impair the functionality of a device on
24

a network if the transfer occurs.
25

(iii) The transfer would cause a geographic or
26

other limitation on network or service provision

SB3329 Enrolled
- 72 -
LRB104 17833 RLC 31267 b
1

to the petitioner.
2

(iv) Another technological or operational
3

issue would prevent or impair the use of the
4

telephone number if the transfer occurs.
5

(C) The petitioner assumes all financial
6

responsibility for and right to the use of any
7

telephone number transferred under this paragraph. In
8

this paragraph, "financial responsibility" includes
9

monthly service costs and costs associated with any
10

mobile device associated with the number.
11

(D) A wireless telephone service provider may
12

apply to the petitioner its routine and customary
13

requirements for establishing an account or
14

transferring a number, including requiring the
15

petitioner to provide proof of identification,
16

financial information, and customer preferences.
17

(E) Except for willful or wanton misconduct, a
18

wireless telephone service provider is immune from
19

civil liability for its actions taken in compliance
20

with a court order issued under this paragraph.
21

(F) All wireless service providers that provide
22

services to residential customers shall provide to the
23

Illinois Commerce Commission the name and address of
24

an agent for service of orders entered under this
25

paragraph (18). Any change in status of the registered
26

agent must be reported to the Illinois Commerce

SB3329 Enrolled
- 73 -
LRB104 17833 RLC 31267 b
1

Commission within 30 days of such change.
2

(G) The Illinois Commerce Commission shall
3

maintain the list of registered agents for service for
4

each wireless telephone service provider on the
5

Commission's website. The Commission may consult with
6

wireless telephone service providers and the Circuit
7

Court Clerks on the manner in which this information
8

is provided and displayed.
9

(c) Relevant factors; findings.
10

(1) In determining whether to grant a specific remedy,
11

other than payment of support, the court shall consider
12

relevant factors, including but not limited to the
13

following:
14

(i) the nature, frequency, severity, pattern and
15

consequences of the respondent's past abuse, neglect
16

or exploitation of the petitioner or any family or
17

household member, including the concealment of his or
18

her location in order to evade service of process or
19

notice, and the likelihood of danger of future abuse,
20

neglect, or exploitation to petitioner or any member
21

of petitioner's or respondent's family or household;
22

and
23

(ii) the danger that any minor child will be
24

abused or neglected or improperly relocated from the
25

jurisdiction, improperly concealed within the State or
26

improperly separated from the child's primary

SB3329 Enrolled
- 74 -
LRB104 17833 RLC 31267 b
1

caretaker.
2

(2) In comparing relative hardships resulting to the
3

parties from loss of possession of the family home, the
4

court shall consider relevant factors, including but not
5

limited to the following:
6

(i) availability, accessibility, cost, safety,
7

adequacy, location and other characteristics of
8

alternate housing for each party and any minor child
9

or dependent adult in the party's care;
10

(ii) the effect on the party's employment; and
11

(iii) the effect on the relationship of the party,
12

and any minor child or dependent adult in the party's
13

care, to family, school, church and community.
14

(3) Subject to the exceptions set forth in paragraph
15

(4) of this subsection, the court shall make its findings
16

in an official record or in writing, and shall at a minimum
17

set forth the following:
18

(i) That the court has considered the applicable
19

relevant factors described in paragraphs (1) and (2)
20

of this subsection.
21

(ii) Whether the conduct or actions of respondent,
22

unless prohibited, will likely cause irreparable harm
23

or continued abuse.
24

(iii) Whether it is necessary to grant the
25

requested relief in order to protect petitioner or
26

other alleged abused persons.

SB3329 Enrolled
- 75 -
LRB104 17833 RLC 31267 b
1

(4) For purposes of issuing an ex parte emergency
2

order of protection, the court, as an alternative to or as
3

a supplement to making the findings described in
4

paragraphs (c)(3)(i) through (c)(3)(iii) of this
5

subsection, may use the following procedure:
6

When a verified petition for an emergency order of
7

protection in accordance with the requirements of Sections
8

203 and 217 is presented to the court, the court shall
9

examine petitioner on oath or affirmation. An emergency
10

order of protection shall be issued by the court if it
11

appears from the contents of the petition and the
12

examination of petitioner that the averments are
13

sufficient to indicate abuse by respondent and to support
14

the granting of relief under the issuance of the emergency
15

order of protection.
16

(5) Never married parties. No rights or
17

responsibilities for a minor child born outside of
18

marriage attach to a putative father until a father and
19

child relationship has been established under the Illinois
20

Parentage Act of 1984, the Illinois Parentage Act of 2015,
21

the Illinois Public Aid Code, Section 12 of the Vital
22

Records Act, the Juvenile Court Act of 1987, the Probate
23

Act of 1975, the Revised Uniform Reciprocal Enforcement of
24

Support Act, the Uniform Interstate Family Support Act,
25

the Expedited Child Support Act of 1990, any judicial,
26

administrative, or other act of another state or

SB3329 Enrolled
- 76 -
LRB104 17833 RLC 31267 b
1

territory, any other Illinois statute, or by any foreign
2

nation establishing the father and child relationship, any
3

other proceeding substantially in conformity with the
4

Personal Responsibility and Work Opportunity
5

Reconciliation Act of 1996 (Pub. L. 104-193), or where
6

both parties appeared in open court or at an
7

administrative hearing acknowledging under oath or
8

admitting by affirmation the existence of a father and
9

child relationship. Absent such an adjudication, finding,
10

or acknowledgment, no putative father shall be granted
11

temporary allocation of parental responsibilities,
12

including parenting time with the minor child, or physical
13

care and possession of the minor child, nor shall an order
14

of payment for support of the minor child be entered.
15

(d) Balance of hardships; findings. If the court finds
16
that the balance of hardships does not support the granting of
17
a remedy governed by paragraph (2), (3), (10), (11), or (16) of
18
subsection (b) of this Section, which may require such
19
balancing, the court's findings shall so indicate and shall
20
include a finding as to whether granting the remedy will
21
result in hardship to respondent that would substantially
22
outweigh the hardship to petitioner from denial of the remedy.
23
The findings shall be an official record or in writing.
24

(e) Denial of remedies. Denial of any remedy shall not be
25
based, in whole or in part, on evidence that:
26

(1) Respondent has cause for any use of force, unless

SB3329 Enrolled
- 77 -
LRB104 17833 RLC 31267 b
1

that cause satisfies the standards for justifiable use of
2

force provided by Article 7 of the Criminal Code of 2012;
3

(2) Respondent was voluntarily intoxicated;
4

(3) Petitioner acted in self-defense or defense of
5

another, provided that, if petitioner utilized force, such
6

force was justifiable under Article 7 of the Criminal Code
7

of 2012;
8

(4) Petitioner did not act in self-defense or defense
9

of another;
10

(5) Petitioner left the residence or household to
11

avoid further abuse, neglect, or exploitation by
12

respondent;
13

(6) Petitioner did not leave the residence or
14

household to avoid further abuse, neglect, or exploitation
15

by respondent;
16

(7) Conduct by any family or household member excused
17

the abuse, neglect, or exploitation by respondent, unless
18

that same conduct would have excused such abuse, neglect,
19

or exploitation if the parties had not been family or
20

household members.
21
(Source: P.A. 102-538, eff. 8-20-21; 103-1065, eff. 5-11-25
.)

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