FIREARMS-DOMESTIC VIOLENCE

Session: 103rd General Assembly
Year: 2024
Bill #: HB4469
Category: Courts
Position: No position
Mandate?
Revenue Loss?
Authority Preemption?

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Summary as Introduced

Amends the Firearms Restraining Order Act to include in the definition of "petitioner" an intimate partner. Amends the Protective Orders Article of the Code of Criminal Procedures of 1963 and the Illinois Domestic Violence Act of 1986. Provides that, if the petitioner seeks a court order prohibiting the respondent from possessing firearms, firearm ammunition, and firearm parts that could be assembled to make an operable firearm, the court shall immediately issue a search warrant directing seizure of firearms at the time an ex parte or final order of protection is issued, if the court finds, based upon sworn testimony, that: (1) probable cause exists that the respondent possesses firearms, ammunition, or firearm parts that could be assembled to make an operable firearm; (2) probable cause exists to believe that the respondent poses a danger of causing personal injury to the petitioner or child and that the danger is imminent and present; and (3) probable cause exists that firearms, ammunition, or firearm parts that could be assembled to make an operable firearm are located at the residence, vehicle, or other property of the respondent. Provides that a finding of probable cause for a warrant upon oral testimony may be based on the same kind of evidence as is sufficient for a warrant upon affidavit. Effective immediately.



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