SB 3329

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Full Text of SB3329
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	SB3329 - 104th General Assembly
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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,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by
5changing 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
9delivery of firearms when he or she knowingly does any of the
10following:
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	- 2 -	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	- 4 -	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	- 5 -	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	- 6 -	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	- 7 -	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
19firearms sold within 6 months after enactment of Public Act
2078-355 (approved August 21, 1973, effective October 1, 1973),
21nor is any firearm legally owned or possessed by any citizen or
22purchased by any citizen within 6 months after the enactment
23of Public Act 78-355 subject to confiscation or seizure under
24the provisions of that Public Act. Nothing in Public Act
2578-355 shall be construed to prohibit the gift or trade of any
26firearm if that firearm was legally held or acquired within 6
		SB3329 Enrolled	- 8 -	LRB104 17833 RLC 31267 b
1months 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	- 9 -	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	- 10 -	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	- 11 -	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	- 12 -	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
10school, community college, college, or university.
11    "School related activity" means any sporting, social,
12academic, or other activity for which students' attendance or
13participation is sponsored, organized, or funded in whole or
14in part by a school or school district.
15    (E) A prosecution for a violation of paragraph (k) of
16subsection (A) of this Section may be commenced within 6 years
17after the commission of the offense. A prosecution for a
18violation of this Section other than paragraph (g) of
19subsection (A) of this Section may be commenced within 5 years
20after the commission of the offense defined in the particular
21paragraph.
22(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
23102-813, eff. 5-13-22.)
24    Section 10. The Code of Criminal Procedure of 1963 is
25amended by changing Section 112A-14 as follows:
		SB3329 Enrolled	- 13 -	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;
3remedies.
4    (a) (Blank).
5    (b) The court may order any of the remedies listed in this
6subsection (b). The remedies listed in this subsection (b)
7shall be in addition to other civil or criminal remedies
8available 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	- 14 -	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	- 15 -	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	- 16 -	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	- 17 -	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	- 18 -	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	- 19 -	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	- 20 -	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	- 21 -	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	- 22 -	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	- 23 -	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	- 24 -	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	- 25 -	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
		SB3329 Enrolled	- 26 -	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	- 27 -	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	- 28 -	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	- 29 -	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	- 30 -	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	- 31 -	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	- 32 -	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	- 33 -	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	- 34 -	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	- 35 -	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	- 36 -	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	- 37 -	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	- 38 -	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	- 39 -	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	- 40 -	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	- 41 -	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
20that the balance of hardships does not support the granting of
21a remedy governed by paragraph (2), (3), (10), (11), or (16) of
22subsection (b) of this Section, which may require such
23balancing, the court's findings shall so indicate and shall
24include a finding as to whether granting the remedy will
25result in hardship to respondent that would substantially
26outweigh the hardship to petitioner from denial of the remedy.
		SB3329 Enrolled	- 42 -	LRB104 17833 RLC 31267 b
1The findings shall be an official record or in writing.
2    (e) Denial of remedies. Denial of any remedy shall not be
3based, 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;
23102-813, eff. 5-13-22; 103-1065, eff. 5-11-25.)
24    Section 15. The Illinois Domestic Violence Act of 1986 is
25amended by changing Section 214 as follows:
		SB3329 Enrolled	- 43 -	LRB104 17833 RLC 31267 b
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
4has been abused by a family or household member or that
5petitioner is a high-risk adult who has been abused,
6neglected, or exploited, as defined in this Act, an order of
7protection prohibiting the abuse, neglect, or exploitation
8shall issue; provided that petitioner must also satisfy the
9requirements of one of the following Sections, as appropriate:
10Section 217 on emergency orders, Section 218 on interim
11orders, or Section 219 on plenary orders. Petitioner shall not
12be denied an order of protection because petitioner or
13respondent is a minor. The court, when determining whether or
14not to issue an order of protection, shall not require
15physical manifestations of abuse on the person of the victim.
16Modification and extension of prior orders of protection shall
17be in accordance with this Act.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as
21appropriate: Section 217 on emergency orders, Section 218 on
22interim orders, and Section 219 on plenary orders. The
23remedies listed in this subsection shall be in addition to
24other civil or criminal remedies available to petitioner.
25        (1) Prohibition of abuse, neglect, or exploitation.
		SB3329 Enrolled	- 44 -	LRB104 17833 RLC 31267 b
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
		SB3329 Enrolled	- 45 -	LRB104 17833 RLC 31267 b
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	- 46 -	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	- 47 -	LRB104 17833 RLC 31267 b
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	- 48 -	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	- 49 -	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	- 50 -	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	- 51 -	LRB104 17833 RLC 31267 b
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	- 52 -	LRB104 17833 RLC 31267 b
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
		SB3329 Enrolled	- 53 -	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
		SB3329 Enrolled	- 54 -	LRB104 17833 RLC 31267 b
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
		SB3329 Enrolled	- 55 -	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	- 56 -	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
		SB3329 Enrolled	- 57 -	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	- 58 -	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	- 60 -	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	- 61 -	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
16that the balance of hardships does not support the granting of
17a remedy governed by paragraph (2), (3), (10), (11), or (16) of
18subsection (b) of this Section, which may require such
19balancing, the court's findings shall so indicate and shall
20include a finding as to whether granting the remedy will
21result in hardship to respondent that would substantially
22outweigh the hardship to petitioner from denial of the remedy.
23The findings shall be an official record or in writing.
24    (e) Denial of remedies. Denial of any remedy shall not be
25based, 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.)