Illinois 100th Regular Session Status: In Committee

HB 540 — ORDERS OF PROTECTION-FIREARMS

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 100th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Domestic Violence Act of 1986. Provides that the court shall not issue a warrant for the seizure of any firearm in the possession of a respondent upon an emergency order of protection unless specified procedural requirements are met.

Bill Text

What changed in the latest version

5 added · 20 removed

Plain-language change summary

The recent changes to HB 540 clarify the conditions under which a court can issue a warrant to seize firearms from individuals involved in domestic violence cases. Specifically, it now states that certain procedural requirements must be met before any such warrant can be issued following an emergency order of protection. This amendment is significant as it aims to ensure that legal processes are followed carefully, balancing the need for safety with the protection of rights.

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*LRB10006218HEP16252b* HB0540 100TH GENERAL ASSEMBLY State of Illinois and 2018 HB0540 by Rep.
HB0540 Engrossed LRB100 06218 HEP 16252 b AN ACT concerning domestic violence.
Kelly M.
Burke SYNOPSIS AS INTRODUCED:
ILCS 60/217 from Ch.
40, par.
2312-17 Amends the Illinois Domestic Violence Act of 1986.
Provides that the court shall not issue a warrant for the seizure of any firearm in the possession of a respondent upon an emergency order of protection unless specified procedural requirements are met.
LRB100 06218 HEP 16252 b A BILL FOR HB0540 LRB100 06218 HEP 16252 b AN ACT concerning domestic violence.
(i) For the remedies of "prohibition of abuse" described in Section 214(b)(1), "stay away order and additional prohibitions" described in Section 214(b)(3), "removal or concealment of minor child" described in Section 214(b)(8), "order to appear" described in Section 214(b)(9), "physical care and possession of the minor child" described in Section HB0540 - 2 - LRB100 06218 HEP 16252 b 214(b)(5), "protection of property" described in Section 214(b)(11), "prohibition of entry" described in Section 214(b)(14), "prohibition of firearm possession" described in Section 214(b)(14.5), "prohibition of access to records" described in Section 214(b)(15), and "injunctive relief" described in Section 214(b)(16), the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief;
(i) For the remedies of "prohibition of abuse" described in Section 214(b)(1), "stay away order and additional prohibitions" described in Section 214(b)(3), "removal or concealment of minor child" described in Section 214(b)(8), "order to appear" described in Section 214(b)(9), "physical care and possession of the minor child" described in Section HB0540 Engrossed - 2 - LRB100 06218 HEP 16252 b 214(b)(5), "protection of property" described in Section 214(b)(11), "prohibition of entry" described in Section 214(b)(14), "prohibition of firearm possession" described in Section 214(b)(14.5), "prohibition of access to records" described in Section 214(b)(15), and "injunctive relief" described in Section 214(b)(16), the harm which that remedy is intended to prevent would be likely to occur if the respondent were given any prior notice, or greater notice than was actually given, of the petitioner's efforts to obtain judicial relief;
HB0540 - 3 - LRB100 06218 HEP 16252 b (iii) For the remedy of "possession of personal property" described in Section 214(b)(10), improper disposition of the personal property would be likely to occur if respondent were given any prior notice, or greater notice than was actually given, of petitioner's efforts to obtain judicial relief, or petitioner has an immediate and pressing need for possession of that property.
HB0540 Engrossed - 3 - LRB100 06218 HEP 16252 b (iii) For the remedy of "possession of personal property" described in Section 214(b)(10), improper disposition of the personal property would be likely to occur if respondent were given any prior notice, or greater notice than was actually given, of petitioner's efforts to obtain judicial relief, or petitioner has an immediate and pressing need for possession of that property.
If HB0540 - 4 - LRB100 06218 HEP 16252 b the judge finds that there is an immediate and present danger of abuse to petitioner and that petitioner has satisfied the prerequisites set forth in subsection (a) of Section 217, that judge may issue an emergency order of protection.
If HB0540 Engrossed - 4 - LRB100 06218 HEP 16252 b the judge finds that there is an immediate and present danger of abuse to petitioner and that petitioner has satisfied the prerequisites set forth in subsection (a) of Section 217, that judge may issue an emergency order of protection.
HB0540 - 5 - LRB100 06218 HEP 16252 b (Source:
HB0540 Engrossed - 5 - LRB100 06218 HEP 16252 b (Source:
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Added Chief Co-Sponsor Rep. Mark Batinick

  4. Placed on Calendar Order of 3rd Reading - Short Debate

  5. Second Reading - Short Debate

  6. Placed on Calendar 2nd Reading - Short Debate

  7. Do Pass / Short Debate Judiciary - Civil Committee; 008-001-001

  8. Assigned to Judiciary - Civil Committee

  9. Referred to Rules Committee

  10. First Reading

  11. Filed with the Clerk by Rep. Kelly M. Burke

Sponsors

  • Kelly M. Burke · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Kelly M. Burke

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do Pass

Passed 8 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6100
Democrat 2002
Total 8102
% of votes cast 73%9%0%18%
How each member voted (11)
Member Party Vote
Bourne, Avery — Yea
Andersson, Steven A — Yea
Burke, Kelly M — Yea
Breen, Peter — Yea
Thapedi, André — Yea
Parkhurst, Lindsay — Yea
Drury, Scott — Nay
Ann M. Williams Democrat Not Voting
Jay Hoffman Democrat Yea
Michael W. Halpin Democrat Yea
Thaddeus Jones Democrat Not Voting

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 540 do?
Amends the Illinois Domestic Violence Act of 1986. Provides that the court shall not issue a warrant for the seizure of any firearm in the possession of a respondent upon an emergency order of protection unless specified procedural requirements are met.
Who sponsors HB 540?
HB 540 is sponsored by Kelly M. Burke.
What is the current status of HB 540?
This bill died with 100th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 540?
Track HB 540 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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