SB 44

Abstract

Amends the Illinois Domestic Violence Act of 1986. Provides that if the respondent to an order of protection issued is required to surrender any firearms, the order of protection shall also include an order to surrender firearms. Requires the respondent to surrender any firearms under an order to surrender on the day the respondent is served with the order of protection. Requires the law enforcement agency receiving any surrendered firearms to provide a statement of receipt of any firearm to the respondent and the court. Provides that the failure to surrender any firearm within 24 hours to the individual or law enforcement agency under an order to surrender firearms shall constitute contempt of court for the violation of the terms of the order of protection. Requires the Supreme Court to adopt a form for an order to surrender firearms and update any existing forms for an order of protection to reflect the changes made by the amendatory Act. Provides that if any Firearm Owner's Identification Card of the respondent is surrendered, the period of surrender shall be for the duration of the order of protection. Provides that if any Firearm Owner's Identification Card of the respondent is revoked, the period of surrender shall be for the duration of the order of protection or 2 years, whichever is longer. Restricts a respondent who has surrendered a firearm from purchasing, possessing, or having access to a firearm for the period of surrender. Provides that, upon expiration of the period of surrender, any surrendered firearm may only be returned to a respondent if a judicial officer has signed an order to release firearms stating that the order of protection is no longer in effect and the period of surrender has expired. Makes conforming changes in the Act, the Firearm Owners Identification Card Act, and the Code of Criminal Procedure of 1963.