IllinoisIllinois law covers digital harassment and firearm surrender in protection orders
Illinois law includes certain digital conduct in harassment rules and lets courts order firearm surrender or transfer phone service when stated conditions are met.
What it does
In domestic violence cases, certain digital conduct, including repeated tracking and sharing private sexual images, is presumed to cause distress when courts decide whether it counts as harassment.
For qualifying protection orders, courts must bar a respondent found to pose a credible threat from possessing firearms and order surrender; a search warrant requires additional court findings.
A petitioner may ask the court to transfer a phone number used by them or a child in their custody, but takes on the related service and device costs.
Argument forPeople seeking protection may find it easier to show harassment when repeated digital tracking or sharing private sexual images causes them distress.
Argument againstA respondent who meets the order’s threat criteria could lose access to firearms for the order’s duration, even when no search warrant is issued.
More detail
Courts treat certain listed conduct as presumed to cause emotional distress when deciding whether conduct meets the harassment definition. The definition applies in domestic violence cases and includes repeated electronic tracking, deceptive impersonation using generated or altered content, sharing private sexual images, and publishing the petitioner's personal information. Harassment also requires knowing conduct that is unreasonable in the circumstances, would cause a reasonable person emotional distress, and does cause distress to the petitioner. The presumption can be rebutted with evidence showing it is more likely than not that the conduct did not cause emotional distress.
A court must bar firearm possession and order surrender when a protection order meets the listed criteria; it must issue a search warrant only when additional findings support one. These rules concern respondents subject to emergency, interim, or plenary protection orders and firearms or parts that could be assembled into a working firearm. The possession ban applies when the order followed a hearing with actual notice and a chance to participate, or emergency-order requirements were met, and the order includes the required restraints and a finding that the respondent poses a credible threat. A warrant requires sworn testimony and findings of a credible threat and probable cause that firearms are at the place to be searched. An ex parte warrant also requires a finding that the petitioner is likely to be injured if the respondent receives advance notice. The possession ban lasts for the protection order. Firearms at the place of service must be surrendered then; other firearms must be surrendered within 24 hours.
A court may order a wireless phone provider to transfer a phone number and its billing responsibility to the petitioner. A petitioner may seek a number used by the petitioner or a minor child in the petitioner's custody. The petitioner must request the transfer, and the court must issue an order. The petitioner takes on the service and device costs. A provider may decline the transfer if the account is closed or a technical or service limit prevents it. The provider must notify the petitioner within 72 hours if it cannot make the transfer for a listed reason.
Where do you stand?
Choose your position
Tell your reps
Take a position to see your representatives and ways to contact them.
Where it stands
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Aug 7Public Act . . . . . . . . . 104-0754Latest
- Aug 7Effective Date January 1, 2027
- Aug 7Governor J. B. Pritzker ApprovedBecame Law
- Jun 29Sent to the GovernorTo Governor
- May 31Passed Both Houses
- Vote recorded Concurrence, Amendment 3. Result: pass.Upper
- Vote recorded Concurrence, Amendment 1. Result: pass.Upper
- May 31Senate Concurs
- May 31House Floor Amendment No. 3 Senate Concurs 057-000-000
- May 31House Committee Amendment No. 1 Senate Concurs 057-000-000
- May 28House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Criminal Law; 008-000-000
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Vote recorded Do Pass, Amendment 3. Result: pass.Upper
- May 28House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Criminal Law; 008-000-000
- May 28House Floor Amendment No. 3 Motion to Concur Assignments Referred to Criminal Law
- May 28House Committee Amendment No. 1 Motion to Concur Assignments Referred to Criminal Law
- May 28House Floor Amendment No. 3 Motion to Concur Referred to Assignments
- May 28House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Adriane L. JohnsonMinor
- May 28House Committee Amendment No. 1 Motion to Concur Referred to Assignments
- May 28House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Adriane L. JohnsonMinor
- May 28Placed on Calendar Order of Concurrence House Amendment(s) 1, 3 - May 29, 2026
- May 28Secretary's Desk - Concurrence House Amendment(s) 1, 3
- May 27Added Alternate Co-Sponsor Rep. Debbie Meyers-Martin
- Vote recorded Third Reading. Result: pass.Lower
- May 27Added Alternate Chief Co-Sponsor Rep. Carol Ammons
- May 27Third Reading - Short Debate - Passed 091-023-000Passed House
- May 26Added as Co-Sponsor Sen. Javier L. Cervantes
- May 25Added Alternate Co-Sponsor Rep. Anthony DeLuca
- May 25Added Alternate Co-Sponsor Rep. Joyce Mason
- May 25Added Alternate Co-Sponsor Rep. Natalie A. Manley
- May 25Added Alternate Co-Sponsor Rep. Amy Briel
- May 25Added Alternate Co-Sponsor Rep. Sue Scherer
- May 25Added Alternate Co-Sponsor Rep. Stephanie A. Kifowit
- May 25Placed on Calendar Order of 3rd Reading - Short Debate
- May 25House Floor Amendment No. 3 Adopted by Voice VoteMajor
- May 22Third Reading/Final Action Deadline Extended-9(b) May 31, 2026
- May 22Added Alternate Co-Sponsor Rep. Dagmara Avelar
- May 20Added Alternate Co-Sponsor Rep. Kelly M. Cassidy
- Vote recorded Do Pass, Amendment 3. Result: pass.Lower
- May 20Added Alternate Co-Sponsor Rep. Camille Y. Lilly
- May 20House Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee; 012-006-000Minor
- May 19Held on Calendar Order of Second Reading - Short DebateMinor
- May 19Second Reading - Short DebateMinor
- May 19House Floor Amendment No. 3 Rules Refers to Judiciary - Civil Committee
- May 18House Floor Amendment No. 3 Referred to Rules Committee
- May 18House Floor Amendment No. 3 Filed with Clerk by Rep. Maurice A. West, IIMinor
- May 15Added as Co-Sponsor Sen. Mike Porfirio
- May 13Placed on Calendar 2nd Reading - Short DebateMinor
- Vote recorded Do Pass. Result: pass.Lower
- May 13House Committee Amendment No. 2 TabledMinor
- May 13Do Pass as Amended / Short Debate Judiciary - Civil Committee; 013-007-000
- May 13House Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice VoteMajor
- May 12Added Alternate Co-Sponsor Rep. Anne Stava
- May 12House Committee Amendment No. 2 Referred to Rules Committee
- May 12House Committee Amendment No. 2 Filed with Clerk by Rep. Maurice A. West, IIMinor
- May 12Added Alternate Co-Sponsor Rep. Ryan Spain
- May 12Added Alternate Chief Co-Sponsor Rep. Suzanne M. Ness
- May 7Added Alternate Co-Sponsor Rep. Justin Cochran
- May 7Added Alternate Co-Sponsor Rep. Maura Hirschauer
- May 7Added Alternate Co-Sponsor Rep. Lilian Jiménez
- May 7Added Alternate Co-Sponsor Rep. Mary Beth Canty
- May 7Committee Deadline Extended-Rule 9(b) May 15, 2026
- May 7Added as Co-Sponsor Sen. Steve Stadelman
- May 7Added as Co-Sponsor Sen. Laura M. Murphy
- May 5House Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
- May 1House Committee Amendment No. 1 Referred to Rules Committee
- May 1House Committee Amendment No. 1 Filed with Clerk by Rep. Maurice A. West, IIMinor
- Apr 27Added as Co-Sponsor Sen. Sara Feigenholtz
- Apr 27Assigned to Judiciary - Civil CommitteeMinor
- Apr 20Added Alternate Chief Co-Sponsor Rep. Nabeela Syed
- Apr 16Added as Co-Sponsor Sen. Jason Plummer
- Apr 16Added as Co-Sponsor Sen. Mike Simmons
- Apr 14Referred to Rules Committee
- Vote recorded Third Reading. Result: pass.Upper
- Apr 14First ReadingMinor
- Apr 14Chief House Sponsor Rep. Maurice A. West, II
- Apr 14Arrived in HouseMinor
- Apr 14Added as Co-Sponsor Sen. Darby A. Hills
- Apr 14Added as Co-Sponsor Sen. Linda Holmes
- Apr 14Added as Co-Sponsor Sen. Laura Ellman
- Apr 14Added as Co-Sponsor Sen. Li Arellano, Jr.
- Apr 14Added as Chief Co-Sponsor Sen. Mattie Hunter
- Apr 14Added as Co-Sponsor Sen. Chris Balkema
- Apr 14Added as Co-Sponsor Sen. Willie Preston
- Apr 14Third Reading - Passed; 055-000-000Passed Senate
- Apr 14Added as Chief Co-Sponsor Sen. Mary Edly-Allen
- Mar 27Added as Co-Sponsor Sen. David Koehler
- Mar 26Added as Co-Sponsor Sen. Rachel Ventura
- Mar 26Placed on Calendar Order of 3rd Reading April 14, 2026
- Mar 26Second ReadingMinor
- Mar 26Senate Floor Amendment No. 2 Adopted; JohnsonMajor
- Mar 25Added as Chief Co-Sponsor Sen. Bill Cunningham
- Mar 25Added as Co-Sponsor Sen. Meg Loughran Cappel
- Mar 24Senate Floor Amendment No. 2 Recommend Do Adopt Criminal Law; 007-000-000
- Vote recorded Do Pass, Amendment 2. Result: pass.Upper
- Mar 24Added as Co-Sponsor Sen. Cristina Castro
- Mar 24Senate Floor Amendment No. 2 Assignments Refers to Criminal Law
- Mar 16Added as Co-Sponsor Sen. Mattie Hunter
- Mar 12Senate Floor Amendment No. 2 Referred to Assignments
- Mar 12Senate Floor Amendment No. 2 Filed with Secretary by Sen. Adriane L. JohnsonMinor
- Mar 11Placed on Calendar Order of 2nd Reading March 12, 2026Minor
- Mar 11Do Pass as Amended Criminal Law; 009-000-000
- Mar 10Senate Committee Amendment No. 1 AdoptedMajor
- Vote recorded Do Pass. Result: pass.Upper
- Vote recorded Do Pass, Amendment 1. Result: pass.Upper
- Mar 10Senate Committee Amendment No. 1 Assignments Refers to Criminal Law
- Mar 5Senate Committee Amendment No. 1 Referred to Assignments
- Mar 5Senate Committee Amendment No. 1 Filed with Secretary by Sen. Adriane L. JohnsonMinor
- Feb 10Assigned to Criminal LawMinor
- Jan 29Referred to Assignments
- Jan 29First ReadingMinor
- Jan 29Filed with Secretary by Sen. Adriane L. JohnsonIntroduced
Criminal JusticePublic SafetyCivil Rights & Voting