Illinois has enacted several new laws of significance taking effect with the new year:
Firearms Restraining Order Act: A law enforcement officer or a family member (defined to also include an unrelated person living in the same household) may now petition the court to have a person’s firearm removed from his or her possession and his or her Firearm Owner’s ID (FOID) card revoked if the law enforcement officer or family member can show by clear and convincing evidence that the person is a danger to himself or herself or others. If the petitioner believes the subject of the petition is a danger to his or her family or intimate partners, the family members or partners must also be provided notice of the proceedings.
The procedure mirrors what is already in place for domestic violence restraining orders, in which an emergency order with a duration of 14 days, extendable for another 14 days, may be entered without notice. A restraining order with a duration of up to six months can be entered after a preliminary hearing, and can be extended as ordered by the judge upon further hearings. The firearms would either be held by the police, or a person chosen by the subject of the petition provided that person agrees not to return the firearms without a court order. While a firearms restraining order is in place, the person’s FOID card would be suspended.
If a petition for a firearms restraining order is denied, the records of the petition are to be automatically expunged from the record.
A related measure also now allows schools, houses of worship and employers to obtain a no contact order against a person who is harassing or threatening them using the same procedures individuals use to obtain firearm restraining orders.
Frail Elderly Individual Family Visitation Protection Act: When a caregiver of a person over age sixty and determined to be “functionally impaired” is preventing the family from visiting the person, the family members who wish to see the elderly person may petition the court for visitation. If the court finds that the ability to visit a family member is being unreasonably denied, it may order the caregiver to allow visitation.
The court will not require visitation if the elderly person does not wish to have visitation, or where it would not be in the elderly person’s best interest, such as situations where there was a history of abuse or exploitation. If the elderly person is unable to attend court hearings, or if the court finds it in the elderly person’s best interest, it will appoint an attorney to serve as the guardian ad litem for the elderly person to represent his or her interests.
If visitation is granted, the caregiver must also provide the family receiving visitation notice if the elderly person is admitted or discharged from the hospital or other healthcare facility, changes residence, or dies.