Bill
SB 3329
Strengthens domestic violence protections by tightening firearm restrictions for those under DV orders and expanding remedies on housing, custody, finances, and safety.
SB 3329 (104th General Assembly, Illinois) – Summary
Purpose and scope
- This act expands and clarifies domestic violence (DV) protections and firearms-related provisions, building on or aligning with the Illinois Domestic Violence Act and related criminal code sections.
- It addresses the interplay between DV orders of protection and firearms possession, as well as broad remedies in DV proceedings affecting housing, child custody, finances, and related matters.
Key provisions and changes
1) Unlawful sale or delivery of firearms (Criminal Code, 720 ILCS 5/24-3)
- The bill enumerates multiple conditions under which selling or delivering a firearm is unlawful, including:
- To a person under 18 or under 21 with certain misdemeanor or delinquency history.
- To narcotics addicts, felons, recent mental-health patients, or people with intellectual disabilities.
- Incidental delivery with specific waiting periods (with several exemptions for law enforcement, certain dealers, or competitive shooting events; includes a detailed process for large-scale transfers under events at World Shooting Complex, with NSP notification and list management).
- For persons lacking proper identification or licensing (e.g., FOID card or concealed carry license), and for transfers to unlicensed dealers.
- Carrying additional penalties if firearms are involved in school zones, public housing, or other sensitive locations.
- Penalties range from Class 2 to Class X felonies depending on the specific violation and location (e.g., near schools, housing, etc.), plus specific misdemeanor or felony levels for other subparagraphs.
2) Domestic violence order of protection; remedies (Code of Criminal Procedure, 112A-14)
- Expands the remedies available in DV orders, including:
- Prohibition of abuse and exclusive possession of residence.
- Stay-away orders, with tailored access provisions to remove personal items, medications, or other necessary items on a one-time basis with supervision.
- Provisions for school-related decisions, transportation, and potential changes in school placement for minor children.
- Counseling and treatment referrals for respondents, including partner-abuse intervention programs.
- Custody and parenting-time decisions, with evidence-based findings and presumptions related to child safety, abuse, and best interests.
- Temporary allocation of parental responsibilities and decision-making, with presumptions that abuse by the respondent modifies who should hold such powers.
- Protection of property and finances, including orders to pay temporary support and to reimburse losses due to abuse.
- Protection of animals, and explicit handling of ownership, care, and avoidance of transfer to abusive individuals.
- Firearm-related protections: orders to surrender firearms, FOID cards, and concealed-carry licenses; provisions for warrants to seize firearms; timelines for surrender, safekeeping, and return after the order ends; and potential transfers to third-party purchasers under strict conditions.
- Alternate arrangements for child-related records access and efforts to protect a child from relocation or concealment.
3) Domestic Violence Act amendments (DV Act, 750 ILCS 60/214)
- Mirrors and applies remedies similar to the Code of Criminal Procedure provisions above, reinforcing remedies around exclusive possession, stay-away orders, parenting time restrictions, and protections for children and property.
4) Procedural and timeline aspects
- The bill provides defined timelines for warrant execution (e.g., firearms search warrants within 96 hours; returns within 24 hours), safekeeping periods, and procedures for returning seized items post-order.
- It includes standards for evaluating hardships, detailed factors for housing and school changes, and explicit prioritization of petitioner safety.
Who is affected
- DV petitioners (often victims) and respondents (alleged abusers).
- Courts issuing orders of protection and DV proceedings.
- Law enforcement agencies (firearm seizure, safekeeping, and warrants).
- Federal and state firearms licensees (FOID and concealed carry) and firearm dealers.
- Families and minor children, including custody and schooling impacts.
- Public housing entities, schools, and related service providers.
Effective date
- Provisions reference prior enactments and align with existing statutes; the act would take effect upon passage and applicable dates cited in the bill, including transition provisions for firearm-related safeguards.
Overall impact
- The bill strengthens DV protections by broadening remedies, tightening firearms restrictions for individuals subject to DV orders, and clarifying procedures around housing, parenting, property, and safety. It aims to reduce risk of further abuse while balancing hardships for petitioners and respondents.
Compiled from official sources — confirm details with the bill’s official record.
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