summary
Introduced
02/07/2025
02/07/2025
In Committee
03/21/2025
03/21/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Firearms Restraining Order Act. Requires the court or allows a State's Attorney to provide simplified forms and clerical assistance to help with the filing (rather than the writing and filing) of a petition for a firearms restraining order by any person not represented by counsel. Requires the clerk to immediately notify the State's Attorney of the filing of each firearms restraining order when it is filed. Gives the State's Attorney legal standing to represent any and all petitioners if the petitioners request the State's Attorney's assistance in filing the pleadings or in conducting the hearings. Requires a verified pleading (rather than an affidavit or verified pleading). Changes references to an intimate partner to references to a specific intimate partner. In provisions regarding ex parte hearings, requires the court to consider specific evidence and changes the burden of proof from probably cause to a preponderance of the evidence. Provides for the issuance of a plenary (rather than 6-month) firearms restraining order after a full hearing. Makes other changes.
AI Summary
This bill amends the Firearms Restraining Order Act to modify several key provisions related to filing and processing firearms restraining orders. The bill requires courts and State's Attorneys to provide clerical assistance and simplified forms to help individuals file petitions, and mandates that the court clerk immediately notify the State's Attorney when a firearms restraining order is filed. The State's Attorney is now given legal standing to represent petitioners if requested. The bill changes the burden of proof in ex parte hearings from "probable cause" to a "preponderance of the evidence" standard and expands the types of evidence courts can consider when determining whether to issue an order, including factors like history of violence, substance abuse, and prior arrests. The bill also shifts from a 6-month to a "plenary" (full) firearms restraining order after a full hearing, and modifies language to reference "specific" intimate partners instead of general intimate partners. Additionally, the bill clarifies procedures for surrendering firearms, transferring ownership of firearms, and provides protections for law enforcement and State's Attorneys in carrying out the act's provisions.
Committee Categories
Justice
Sponsors (1)
Last Action
Rule 19(a) / Re-referred to Rules Committee (on 03/21/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=3570&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB3570.htm |
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