|
| | 10000HB1664ham001 | - 2 - | LRB100 03198 SLF 36702 a |
|
|
1 | | Records Confidentiality Act. |
2 | | (c) Applications, related documents, and medical |
3 | | records received by the Experimental Organ Transplantation |
4 | | Procedures Board and any and all documents or other records |
5 | | prepared by the Experimental Organ Transplantation |
6 | | Procedures Board or its staff relating to applications it |
7 | | has received. |
8 | | (d) Information and records held by the Department of |
9 | | Public Health and its authorized representatives relating |
10 | | to known or suspected cases of sexually transmissible |
11 | | disease or any information the disclosure of which is |
12 | | restricted under the Illinois Sexually Transmissible |
13 | | Disease Control Act. |
14 | | (e) Information the disclosure of which is exempted |
15 | | under Section 30 of the Radon Industry Licensing Act. |
16 | | (f) Firm performance evaluations under Section 55 of |
17 | | the Architectural, Engineering, and Land Surveying |
18 | | Qualifications Based Selection Act. |
19 | | (g) Information the disclosure of which is restricted |
20 | | and exempted under Section 50 of the Illinois Prepaid |
21 | | Tuition Act. |
22 | | (h) Information the disclosure of which is exempted |
23 | | under the State Officials and Employees Ethics Act, and |
24 | | records of any lawfully created State or local inspector |
25 | | general's office that would be exempt if created or |
26 | | obtained by an Executive Inspector General's office under |
|
| | 10000HB1664ham001 | - 3 - | LRB100 03198 SLF 36702 a |
|
|
1 | | that Act. |
2 | | (i) Information contained in a local emergency energy |
3 | | plan submitted to a municipality in accordance with a local |
4 | | emergency energy plan ordinance that is adopted under |
5 | | Section 11-21.5-5 of the Illinois Municipal Code. |
6 | | (j) Information and data concerning the distribution |
7 | | of surcharge moneys collected and remitted by carriers |
8 | | under the Emergency Telephone System Act. |
9 | | (k) Law enforcement officer identification information |
10 | | or driver identification information compiled by a law |
11 | | enforcement agency or the Department of Transportation |
12 | | under Section 11-212 of the Illinois Vehicle Code. |
13 | | (l) Records and information provided to a residential |
14 | | health care facility resident sexual assault and death |
15 | | review team or the Executive Council under the Abuse |
16 | | Prevention Review Team Act. |
17 | | (m) Information provided to the predatory lending |
18 | | database created pursuant to Article 3 of the Residential |
19 | | Real Property Disclosure Act, except to the extent |
20 | | authorized under that Article. |
21 | | (n) Defense budgets and petitions for certification of |
22 | | compensation and expenses for court appointed trial |
23 | | counsel as provided under Sections 10 and 15 of the Capital |
24 | | Crimes Litigation Act. This subsection (n) shall apply |
25 | | until the conclusion of the trial of the case, even if the |
26 | | prosecution chooses not to pursue the death penalty prior |
|
| | 10000HB1664ham001 | - 4 - | LRB100 03198 SLF 36702 a |
|
|
1 | | to trial or sentencing. |
2 | | (o) Information that is prohibited from being |
3 | | disclosed under Section 4 of the Illinois Health and |
4 | | Hazardous Substances Registry Act. |
5 | | (p) Security portions of system safety program plans, |
6 | | investigation reports, surveys, schedules, lists, data, or |
7 | | information compiled, collected, or prepared by or for the |
8 | | Regional Transportation Authority under Section 2.11 of |
9 | | the Regional Transportation Authority Act or the St. Clair |
10 | | County Transit District under the Bi-State Transit Safety |
11 | | Act. |
12 | | (q) Information prohibited from being disclosed by the |
13 | | Personnel Records Review Act. |
14 | | (r) Information prohibited from being disclosed by the |
15 | | Illinois School Student Records Act. |
16 | | (s) Information the disclosure of which is restricted |
17 | | under Section 5-108 of the Public Utilities Act.
|
18 | | (t) All identified or deidentified health information |
19 | | in the form of health data or medical records contained in, |
20 | | stored in, submitted to, transferred by, or released from |
21 | | the Illinois Health Information Exchange, and identified |
22 | | or deidentified health information in the form of health |
23 | | data and medical records of the Illinois Health Information |
24 | | Exchange in the possession of the Illinois Health |
25 | | Information Exchange Authority due to its administration |
26 | | of the Illinois Health Information Exchange. The terms |
|
| | 10000HB1664ham001 | - 5 - | LRB100 03198 SLF 36702 a |
|
|
1 | | "identified" and "deidentified" shall be given the same |
2 | | meaning as in the Health Insurance Portability and |
3 | | Accountability Act of 1996, Public Law 104-191, or any |
4 | | subsequent amendments thereto, and any regulations |
5 | | promulgated thereunder. |
6 | | (u) Records and information provided to an independent |
7 | | team of experts under Brian's Law. |
8 | | (v) Names and information of people who have applied |
9 | | for or received Firearm Owner's Identification Cards under |
10 | | the Firearm Owners Identification Card Act or applied for |
11 | | or received a concealed carry license under the Firearm |
12 | | Concealed Carry Act, unless otherwise authorized by the |
13 | | Firearm Concealed Carry Act; and databases under the |
14 | | Firearm Concealed Carry Act, records of the Concealed Carry |
15 | | Licensing Review Board under the Firearm Concealed Carry |
16 | | Act, and law enforcement agency objections under the |
17 | | Firearm Concealed Carry Act. |
18 | | (w) Personally identifiable information which is |
19 | | exempted from disclosure under subsection (g) of Section |
20 | | 19.1 of the Toll Highway Act. |
21 | | (x) Information which is exempted from disclosure |
22 | | under Section 5-1014.3 of the Counties Code or Section |
23 | | 8-11-21 of the Illinois Municipal Code. |
24 | | (y) Confidential information under the Adult |
25 | | Protective Services Act and its predecessor enabling |
26 | | statute, the Elder Abuse and Neglect Act, including |
|
| | 10000HB1664ham001 | - 6 - | LRB100 03198 SLF 36702 a |
|
|
1 | | information about the identity and administrative finding |
2 | | against any caregiver of a verified and substantiated |
3 | | decision of abuse, neglect, or financial exploitation of an |
4 | | eligible adult maintained in the Registry established |
5 | | under Section 7.5 of the Adult Protective Services Act. |
6 | | (z) Records and information provided to a fatality |
7 | | review team or the Illinois Fatality Review Team Advisory |
8 | | Council under Section 15 of the Adult Protective Services |
9 | | Act. |
10 | | (aa) Information which is exempted from disclosure |
11 | | under Section 2.37 of the Wildlife Code. |
12 | | (bb) Information which is or was prohibited from |
13 | | disclosure by the Juvenile Court Act of 1987. |
14 | | (cc) Recordings made under the Law Enforcement |
15 | | Officer-Worn Body Camera Act, except to the extent |
16 | | authorized under that Act. |
17 | | (dd) Information that is prohibited from being |
18 | | disclosed under Section 45 of the Condominium and Common |
19 | | Interest Community Ombudsperson Act. |
20 | | (ee) Information that is exempted from disclosure |
21 | | under Section 30.1 of the Pharmacy Practice Act. |
22 | | (ff) Information that is exempted from disclosure |
23 | | under the Revised Uniform Unclaimed Property Act. |
24 | | (gg) (ff) Information that is prohibited from being |
25 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
26 | | Code. |
|
| | 10000HB1664ham001 | - 7 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (hh) (ff) Records that are exempt from disclosure under |
2 | | Section 1A-16.7 of the Election Code. |
3 | | (ii) (ff) Information which is exempted from |
4 | | disclosure under Section 2505-800 of the Department of |
5 | | Revenue Law of the Civil Administrative Code of Illinois. |
6 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
7 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
8 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
9 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
10 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) |
11 | | (Text of Section after amendment by P.A. 100-517 but before |
12 | | amendment by P.A. 100-512 ) |
13 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
14 | | by the statutes referenced below, the following shall be exempt |
15 | | from inspection and copying: |
16 | | (a) All information determined to be confidential |
17 | | under Section 4002 of the Technology Advancement and |
18 | | Development Act. |
19 | | (b) Library circulation and order records identifying |
20 | | library users with specific materials under the Library |
21 | | Records Confidentiality Act. |
22 | | (c) Applications, related documents, and medical |
23 | | records received by the Experimental Organ Transplantation |
24 | | Procedures Board and any and all documents or other records |
25 | | prepared by the Experimental Organ Transplantation |
|
| | 10000HB1664ham001 | - 8 - | LRB100 03198 SLF 36702 a |
|
|
1 | | Procedures Board or its staff relating to applications it |
2 | | has received. |
3 | | (d) Information and records held by the Department of |
4 | | Public Health and its authorized representatives relating |
5 | | to known or suspected cases of sexually transmissible |
6 | | disease or any information the disclosure of which is |
7 | | restricted under the Illinois Sexually Transmissible |
8 | | Disease Control Act. |
9 | | (e) Information the disclosure of which is exempted |
10 | | under Section 30 of the Radon Industry Licensing Act. |
11 | | (f) Firm performance evaluations under Section 55 of |
12 | | the Architectural, Engineering, and Land Surveying |
13 | | Qualifications Based Selection Act. |
14 | | (g) Information the disclosure of which is restricted |
15 | | and exempted under Section 50 of the Illinois Prepaid |
16 | | Tuition Act. |
17 | | (h) Information the disclosure of which is exempted |
18 | | under the State Officials and Employees Ethics Act, and |
19 | | records of any lawfully created State or local inspector |
20 | | general's office that would be exempt if created or |
21 | | obtained by an Executive Inspector General's office under |
22 | | that Act. |
23 | | (i) Information contained in a local emergency energy |
24 | | plan submitted to a municipality in accordance with a local |
25 | | emergency energy plan ordinance that is adopted under |
26 | | Section 11-21.5-5 of the Illinois Municipal Code. |
|
| | 10000HB1664ham001 | - 9 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (j) Information and data concerning the distribution |
2 | | of surcharge moneys collected and remitted by carriers |
3 | | under the Emergency Telephone System Act. |
4 | | (k) Law enforcement officer identification information |
5 | | or driver identification information compiled by a law |
6 | | enforcement agency or the Department of Transportation |
7 | | under Section 11-212 of the Illinois Vehicle Code. |
8 | | (l) Records and information provided to a residential |
9 | | health care facility resident sexual assault and death |
10 | | review team or the Executive Council under the Abuse |
11 | | Prevention Review Team Act. |
12 | | (m) Information provided to the predatory lending |
13 | | database created pursuant to Article 3 of the Residential |
14 | | Real Property Disclosure Act, except to the extent |
15 | | authorized under that Article. |
16 | | (n) Defense budgets and petitions for certification of |
17 | | compensation and expenses for court appointed trial |
18 | | counsel as provided under Sections 10 and 15 of the Capital |
19 | | Crimes Litigation Act. This subsection (n) shall apply |
20 | | until the conclusion of the trial of the case, even if the |
21 | | prosecution chooses not to pursue the death penalty prior |
22 | | to trial or sentencing. |
23 | | (o) Information that is prohibited from being |
24 | | disclosed under Section 4 of the Illinois Health and |
25 | | Hazardous Substances Registry Act. |
26 | | (p) Security portions of system safety program plans, |
|
| | 10000HB1664ham001 | - 10 - | LRB100 03198 SLF 36702 a |
|
|
1 | | investigation reports, surveys, schedules, lists, data, or |
2 | | information compiled, collected, or prepared by or for the |
3 | | Regional Transportation Authority under Section 2.11 of |
4 | | the Regional Transportation Authority Act or the St. Clair |
5 | | County Transit District under the Bi-State Transit Safety |
6 | | Act. |
7 | | (q) Information prohibited from being disclosed by the |
8 | | Personnel Records Review Act. |
9 | | (r) Information prohibited from being disclosed by the |
10 | | Illinois School Student Records Act. |
11 | | (s) Information the disclosure of which is restricted |
12 | | under Section 5-108 of the Public Utilities Act.
|
13 | | (t) All identified or deidentified health information |
14 | | in the form of health data or medical records contained in, |
15 | | stored in, submitted to, transferred by, or released from |
16 | | the Illinois Health Information Exchange, and identified |
17 | | or deidentified health information in the form of health |
18 | | data and medical records of the Illinois Health Information |
19 | | Exchange in the possession of the Illinois Health |
20 | | Information Exchange Authority due to its administration |
21 | | of the Illinois Health Information Exchange. The terms |
22 | | "identified" and "deidentified" shall be given the same |
23 | | meaning as in the Health Insurance Portability and |
24 | | Accountability Act of 1996, Public Law 104-191, or any |
25 | | subsequent amendments thereto, and any regulations |
26 | | promulgated thereunder. |
|
| | 10000HB1664ham001 | - 11 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (u) Records and information provided to an independent |
2 | | team of experts under Brian's Law. |
3 | | (v) Names and information of people who have applied |
4 | | for or received Firearm Owner's Identification Cards under |
5 | | the Firearm Owners Identification Card Act or applied for |
6 | | or received a concealed carry license under the Firearm |
7 | | Concealed Carry Act, unless otherwise authorized by the |
8 | | Firearm Concealed Carry Act; and databases under the |
9 | | Firearm Concealed Carry Act, records of the Concealed Carry |
10 | | Licensing Review Board under the Firearm Concealed Carry |
11 | | Act, and law enforcement agency objections under the |
12 | | Firearm Concealed Carry Act. |
13 | | (w) Personally identifiable information which is |
14 | | exempted from disclosure under subsection (g) of Section |
15 | | 19.1 of the Toll Highway Act. |
16 | | (x) Information which is exempted from disclosure |
17 | | under Section 5-1014.3 of the Counties Code or Section |
18 | | 8-11-21 of the Illinois Municipal Code. |
19 | | (y) Confidential information under the Adult |
20 | | Protective Services Act and its predecessor enabling |
21 | | statute, the Elder Abuse and Neglect Act, including |
22 | | information about the identity and administrative finding |
23 | | against any caregiver of a verified and substantiated |
24 | | decision of abuse, neglect, or financial exploitation of an |
25 | | eligible adult maintained in the Registry established |
26 | | under Section 7.5 of the Adult Protective Services Act. |
|
| | 10000HB1664ham001 | - 12 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (z) Records and information provided to a fatality |
2 | | review team or the Illinois Fatality Review Team Advisory |
3 | | Council under Section 15 of the Adult Protective Services |
4 | | Act. |
5 | | (aa) Information which is exempted from disclosure |
6 | | under Section 2.37 of the Wildlife Code. |
7 | | (bb) Information which is or was prohibited from |
8 | | disclosure by the Juvenile Court Act of 1987. |
9 | | (cc) Recordings made under the Law Enforcement |
10 | | Officer-Worn Body Camera Act, except to the extent |
11 | | authorized under that Act. |
12 | | (dd) Information that is prohibited from being |
13 | | disclosed under Section 45 of the Condominium and Common |
14 | | Interest Community Ombudsperson Act. |
15 | | (ee) Information that is exempted from disclosure |
16 | | under Section 30.1 of the Pharmacy Practice Act. |
17 | | (ff) Information that is exempted from disclosure |
18 | | under the Revised Uniform Unclaimed Property Act. |
19 | | (gg) (ff) Information that is prohibited from being |
20 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
21 | | Code. |
22 | | (hh) (ff) Records that are exempt from disclosure under |
23 | | Section 1A-16.7 of the Election Code. |
24 | | (ii) (ff) Information which is exempted from |
25 | | disclosure under Section 2505-800 of the Department of |
26 | | Revenue Law of the Civil Administrative Code of Illinois. |
|
| | 10000HB1664ham001 | - 13 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (jj) (ff) Information and reports that are required to |
2 | | be submitted to the Department of Labor by registering day |
3 | | and temporary labor service agencies but are exempt from |
4 | | disclosure under subsection (a-1) of Section 45 of the Day |
5 | | and Temporary Labor Services Act. |
6 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
7 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
8 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
9 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
10 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised |
11 | | 11-2-17.) |
12 | | (Text of Section after amendment by P.A. 100-512 ) |
13 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
14 | | by the statutes referenced below, the following shall be exempt |
15 | | from inspection and copying: |
16 | | (a) All information determined to be confidential |
17 | | under Section 4002 of the Technology Advancement and |
18 | | Development Act. |
19 | | (b) Library circulation and order records identifying |
20 | | library users with specific materials under the Library |
21 | | Records Confidentiality Act. |
22 | | (c) Applications, related documents, and medical |
23 | | records received by the Experimental Organ Transplantation |
24 | | Procedures Board and any and all documents or other records |
25 | | prepared by the Experimental Organ Transplantation |
|
| | 10000HB1664ham001 | - 14 - | LRB100 03198 SLF 36702 a |
|
|
1 | | Procedures Board or its staff relating to applications it |
2 | | has received. |
3 | | (d) Information and records held by the Department of |
4 | | Public Health and its authorized representatives relating |
5 | | to known or suspected cases of sexually transmissible |
6 | | disease or any information the disclosure of which is |
7 | | restricted under the Illinois Sexually Transmissible |
8 | | Disease Control Act. |
9 | | (e) Information the disclosure of which is exempted |
10 | | under Section 30 of the Radon Industry Licensing Act. |
11 | | (f) Firm performance evaluations under Section 55 of |
12 | | the Architectural, Engineering, and Land Surveying |
13 | | Qualifications Based Selection Act. |
14 | | (g) Information the disclosure of which is restricted |
15 | | and exempted under Section 50 of the Illinois Prepaid |
16 | | Tuition Act. |
17 | | (h) Information the disclosure of which is exempted |
18 | | under the State Officials and Employees Ethics Act, and |
19 | | records of any lawfully created State or local inspector |
20 | | general's office that would be exempt if created or |
21 | | obtained by an Executive Inspector General's office under |
22 | | that Act. |
23 | | (i) Information contained in a local emergency energy |
24 | | plan submitted to a municipality in accordance with a local |
25 | | emergency energy plan ordinance that is adopted under |
26 | | Section 11-21.5-5 of the Illinois Municipal Code. |
|
| | 10000HB1664ham001 | - 15 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (j) Information and data concerning the distribution |
2 | | of surcharge moneys collected and remitted by carriers |
3 | | under the Emergency Telephone System Act. |
4 | | (k) Law enforcement officer identification information |
5 | | or driver identification information compiled by a law |
6 | | enforcement agency or the Department of Transportation |
7 | | under Section 11-212 of the Illinois Vehicle Code. |
8 | | (l) Records and information provided to a residential |
9 | | health care facility resident sexual assault and death |
10 | | review team or the Executive Council under the Abuse |
11 | | Prevention Review Team Act. |
12 | | (m) Information provided to the predatory lending |
13 | | database created pursuant to Article 3 of the Residential |
14 | | Real Property Disclosure Act, except to the extent |
15 | | authorized under that Article. |
16 | | (n) Defense budgets and petitions for certification of |
17 | | compensation and expenses for court appointed trial |
18 | | counsel as provided under Sections 10 and 15 of the Capital |
19 | | Crimes Litigation Act. This subsection (n) shall apply |
20 | | until the conclusion of the trial of the case, even if the |
21 | | prosecution chooses not to pursue the death penalty prior |
22 | | to trial or sentencing. |
23 | | (o) Information that is prohibited from being |
24 | | disclosed under Section 4 of the Illinois Health and |
25 | | Hazardous Substances Registry Act. |
26 | | (p) Security portions of system safety program plans, |
|
| | 10000HB1664ham001 | - 16 - | LRB100 03198 SLF 36702 a |
|
|
1 | | investigation reports, surveys, schedules, lists, data, or |
2 | | information compiled, collected, or prepared by or for the |
3 | | Regional Transportation Authority under Section 2.11 of |
4 | | the Regional Transportation Authority Act or the St. Clair |
5 | | County Transit District under the Bi-State Transit Safety |
6 | | Act. |
7 | | (q) Information prohibited from being disclosed by the |
8 | | Personnel Records Review Act. |
9 | | (r) Information prohibited from being disclosed by the |
10 | | Illinois School Student Records Act. |
11 | | (s) Information the disclosure of which is restricted |
12 | | under Section 5-108 of the Public Utilities Act.
|
13 | | (t) All identified or deidentified health information |
14 | | in the form of health data or medical records contained in, |
15 | | stored in, submitted to, transferred by, or released from |
16 | | the Illinois Health Information Exchange, and identified |
17 | | or deidentified health information in the form of health |
18 | | data and medical records of the Illinois Health Information |
19 | | Exchange in the possession of the Illinois Health |
20 | | Information Exchange Authority due to its administration |
21 | | of the Illinois Health Information Exchange. The terms |
22 | | "identified" and "deidentified" shall be given the same |
23 | | meaning as in the Health Insurance Portability and |
24 | | Accountability Act of 1996, Public Law 104-191, or any |
25 | | subsequent amendments thereto, and any regulations |
26 | | promulgated thereunder. |
|
| | 10000HB1664ham001 | - 17 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (u) Records and information provided to an independent |
2 | | team of experts under Brian's Law. |
3 | | (v) Names and information of people who have applied |
4 | | for or received Firearm Owner's Identification Cards under |
5 | | the Firearm Owners Identification Card Act or applied for |
6 | | or received a concealed carry license under the Firearm |
7 | | Concealed Carry Act, unless otherwise authorized by the |
8 | | Firearm Concealed Carry Act; and databases under the |
9 | | Firearm Concealed Carry Act, records of the Concealed Carry |
10 | | Licensing Review Board under the Firearm Concealed Carry |
11 | | Act, and law enforcement agency objections under the |
12 | | Firearm Concealed Carry Act. |
13 | | (w) Personally identifiable information which is |
14 | | exempted from disclosure under subsection (g) of Section |
15 | | 19.1 of the Toll Highway Act. |
16 | | (x) Information which is exempted from disclosure |
17 | | under Section 5-1014.3 of the Counties Code or Section |
18 | | 8-11-21 of the Illinois Municipal Code. |
19 | | (y) Confidential information under the Adult |
20 | | Protective Services Act and its predecessor enabling |
21 | | statute, the Elder Abuse and Neglect Act, including |
22 | | information about the identity and administrative finding |
23 | | against any caregiver of a verified and substantiated |
24 | | decision of abuse, neglect, or financial exploitation of an |
25 | | eligible adult maintained in the Registry established |
26 | | under Section 7.5 of the Adult Protective Services Act. |
|
| | 10000HB1664ham001 | - 18 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (z) Records and information provided to a fatality |
2 | | review team or the Illinois Fatality Review Team Advisory |
3 | | Council under Section 15 of the Adult Protective Services |
4 | | Act. |
5 | | (aa) Information which is exempted from disclosure |
6 | | under Section 2.37 of the Wildlife Code. |
7 | | (bb) Information which is or was prohibited from |
8 | | disclosure by the Juvenile Court Act of 1987. |
9 | | (cc) Recordings made under the Law Enforcement |
10 | | Officer-Worn Body Camera Act, except to the extent |
11 | | authorized under that Act. |
12 | | (dd) Information that is prohibited from being |
13 | | disclosed under Section 45 of the Condominium and Common |
14 | | Interest Community Ombudsperson Act. |
15 | | (ee) Information that is exempted from disclosure |
16 | | under Section 30.1 of the Pharmacy Practice Act. |
17 | | (ff) Information that is exempted from disclosure |
18 | | under the Revised Uniform Unclaimed Property Act. |
19 | | (gg) (ff) Information that is prohibited from being |
20 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
21 | | Code. |
22 | | (hh) (ff) Records that are exempt from disclosure under |
23 | | Section 1A-16.7 of the Election Code. |
24 | | (ii) (ff) Information which is exempted from |
25 | | disclosure under Section 2505-800 of the Department of |
26 | | Revenue Law of the Civil Administrative Code of Illinois. |
|
| | 10000HB1664ham001 | - 19 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (jj) (ff) Information and reports that are required to |
2 | | be submitted to the Department of Labor by registering day |
3 | | and temporary labor service agencies but are exempt from |
4 | | disclosure under subsection (a-1) of Section 45 of the Day |
5 | | and Temporary Labor Services Act. |
6 | | (kk) (ff) Information prohibited from disclosure under |
7 | | the Seizure and Forfeiture Reporting Act. |
8 | | (ll) Records that are exempt from disclosure under |
9 | | Section 2605-477 of the Department of State Police Law of |
10 | | the
Civil Administrative Code of Illinois. |
11 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, |
12 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; |
13 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
14 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
15 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
16 | | eff. 6-1-18; revised 11-2-17.) |
17 | | Section 10. The Department of State Police Law of the
Civil |
18 | | Administrative Code of Illinois is amended by adding Section |
19 | | 2605-477 as follows: |
20 | | (20 ILCS 2605/2605-477 new) |
21 | | Sec. 2605-477. Dangerous Persons Hotline. |
22 | | (a) The Department of State Police shall provide a |
23 | | Dangerous Persons Hotline to consist of a website and a |
24 | | toll-free number to enable a person to notify the Department if |
|
| | 10000HB1664ham001 | - 20 - | LRB100 03198 SLF 36702 a |
|
|
1 | | the person has a reason to believe another person is: (1) a |
2 | | clear and present danger to himself or herself or another |
3 | | person; and (2) in possession of, or has access to, a firearm. |
4 | | (b) The hotline shall permit a person with the option to |
5 | | report anonymously. The Department shall keep records of the |
6 | | accounts taken by the hotline which shall not be subject to |
7 | | disclosure under Section 7.5 of the Freedom of Information Act. |
8 | | The Department shall, by rule, establish procedures for the |
9 | | Dangerous Persons Hotline. |
10 | | Section 15. The School Code is amended by adding Sections |
11 | | 10-20.67 and 10-30 as follows: |
12 | | (105 ILCS 5/10-20.67 new) |
13 | | Sec. 10-20.67. Dangerous Persons Hotline. |
14 | | (a) The Department of State Police shall, in cooperation |
15 | | with each school board, distribute appropriate materials in |
16 | | school buildings listing the toll-free telephone number and |
17 | | website established in conjunction with the Dangerous Persons |
18 | | Hotline established under Section 2605-477 of the Department of |
19 | | State Police Law of the Civil Administrative Code of Illinois, |
20 | | including methods of making a report, which shall be displayed |
21 | | in a clearly visible location in each school building. |
22 | | (b) Each school board shall send a letter to parents |
23 | | informing them of the Dangerous Persons Hotline established |
24 | | under Section 2605-477 of the Department of State Police Law of |
|
| | 10000HB1664ham001 | - 21 - | LRB100 03198 SLF 36702 a |
|
|
1 | | the Civil Administrative Code of Illinois and place this |
2 | | information on the school board's website. |
3 | | (105 ILCS 5/10-30 new) |
4 | | Sec. 10-30. Dangerous Persons Hotline. |
5 | | (a) The Department of State Police shall, in cooperation |
6 | | with the board, distribute appropriate materials in school |
7 | | buildings listing the toll-free telephone number and website |
8 | | established in conjunction with the Dangerous Persons Hotline |
9 | | established under Section 2605-477 of the Department of State |
10 | | Police Law of the Civil Administrative Code of Illinois, |
11 | | including methods of making a report, which shall be displayed |
12 | | in a clearly visible location in each school building. |
13 | | (b) The board shall send a letter to parents informing them |
14 | | of the Dangerous Persons Hotline established under Section |
15 | | 2605-477 of the Department of State Police Law of the Civil |
16 | | Administrative Code of Illinois and place this information on |
17 | | the board's website. |
18 | | Section 20. The Firearm Owners Identification Card Act is |
19 | | amended by changing Sections 1.1, 4, 8, and 10 as follows:
|
20 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
21 | | Sec. 1.1. For purposes of this Act:
|
22 | | "Addicted to narcotics" means a person who has been: |
23 | | (1) convicted of an offense involving the use or |
|
| | 10000HB1664ham001 | - 22 - | LRB100 03198 SLF 36702 a |
|
|
1 | | possession of cannabis, a controlled substance, or |
2 | | methamphetamine within the past year; or |
3 | | (2) determined by the Department of State Police to be |
4 | | addicted to narcotics based upon federal law or federal |
5 | | guidelines. |
6 | | "Addicted to narcotics" does not include possession or use |
7 | | of a prescribed controlled substance under the direction and |
8 | | authority of a physician or other person authorized to |
9 | | prescribe the controlled substance when the controlled |
10 | | substance is used in the prescribed manner. |
11 | | "Adjudicated as a person with a mental disability" means |
12 | | the person is the subject of a determination by a court, board, |
13 | | commission or other lawful authority that the person, as a |
14 | | result of marked subnormal intelligence, or mental illness, |
15 | | mental impairment, incompetency, condition, or disease: |
16 | | (1) presents a clear and present danger to himself, |
17 | | herself, or to others; |
18 | | (2) lacks the mental capacity to manage his or her own |
19 | | affairs or is adjudicated a person with a disability as |
20 | | defined in Section 11a-2 of the Probate Act of 1975; |
21 | | (3) is not guilty in a criminal case by reason of |
22 | | insanity, mental disease or defect; |
23 | | (3.5) is guilty but mentally ill, as provided in |
24 | | Section 5-2-6 of the Unified Code of Corrections; |
25 | | (4) is incompetent to stand trial in a criminal case; |
26 | | (5) is not guilty by reason of lack of mental |
|
| | 10000HB1664ham001 | - 23 - | LRB100 03198 SLF 36702 a |
|
|
1 | | responsibility under Articles 50a and 72b of the Uniform |
2 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
|
3 | | (6) is a sexually violent person under subsection (f) |
4 | | of Section 5 of the Sexually Violent Persons Commitment |
5 | | Act; |
6 | | (7) is a sexually dangerous person under the Sexually |
7 | | Dangerous Persons Act; |
8 | | (8) is unfit to stand trial under the Juvenile Court |
9 | | Act of 1987; |
10 | | (9) is not guilty by reason of insanity under the |
11 | | Juvenile Court Act of 1987; |
12 | | (10) is subject to involuntary admission as an |
13 | | inpatient as defined in Section 1-119 of the Mental Health |
14 | | and Developmental Disabilities Code; |
15 | | (11) is subject to involuntary admission as an |
16 | | outpatient as defined in Section 1-119.1 of the Mental |
17 | | Health and Developmental Disabilities Code; |
18 | | (12) is subject to judicial admission as set forth in |
19 | | Section 4-500 of the Mental Health and Developmental |
20 | | Disabilities Code; or |
21 | | (13) is subject to the provisions of the Interstate |
22 | | Agreements on Sexually Dangerous Persons Act. |
23 | | "Clear and present danger" means a person who: |
24 | | (1) communicates a serious threat of physical violence |
25 | | against a reasonably identifiable victim or poses a clear |
26 | | and imminent risk of serious physical injury to himself, |
|
| | 10000HB1664ham001 | - 24 - | LRB100 03198 SLF 36702 a |
|
|
1 | | herself, or another person as determined by a physician, |
2 | | clinical psychologist, or qualified examiner; or |
3 | | (2) demonstrates threatening physical or verbal |
4 | | behavior, such as violent, suicidal, or assaultive |
5 | | threats, actions, or other behavior, as determined by a |
6 | | physician, clinical psychologist, qualified examiner, |
7 | | school administrator, or law enforcement official. |
8 | | "Clinical psychologist" has the meaning provided in |
9 | | Section 1-103 of the Mental Health and Developmental |
10 | | Disabilities Code. |
11 | | "Controlled substance" means a controlled substance or |
12 | | controlled substance analog as defined in the Illinois |
13 | | Controlled Substances Act. |
14 | | "Counterfeit" means to copy or imitate, without legal |
15 | | authority, with
intent
to deceive. |
16 | | "Federally licensed firearm dealer" means a person who is |
17 | | licensed as a federal firearms dealer under Section 923 of the |
18 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
19 | | "Firearm" means any device, by
whatever name known, which |
20 | | is designed to expel a projectile or projectiles
by the action |
21 | | of an explosion, expansion of gas or escape of gas; excluding,
|
22 | | however:
|
23 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
24 | | B-B gun which
expels a single globular projectile not |
25 | | exceeding .18 inch in
diameter or which has a maximum |
26 | | muzzle velocity of less than 700 feet
per second;
|
|
| | 10000HB1664ham001 | - 25 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or |
2 | | B-B gun which expels breakable paint balls containing |
3 | | washable marking colors; |
4 | | (2) any device used exclusively for signalling or |
5 | | safety and required or
recommended by the United States |
6 | | Coast Guard or the Interstate Commerce
Commission;
|
7 | | (3) any device used exclusively for the firing of stud |
8 | | cartridges,
explosive rivets or similar industrial |
9 | | ammunition; and
|
10 | | (4) an antique firearm (other than a machine-gun) |
11 | | which, although
designed as a weapon, the Department of |
12 | | State Police finds by reason of
the date of its |
13 | | manufacture, value, design, and other characteristics is
|
14 | | primarily a collector's item and is not likely to be used |
15 | | as a weapon.
|
16 | | "Firearm ammunition" means any self-contained cartridge or |
17 | | shotgun
shell, by whatever name known, which is designed to be |
18 | | used or adaptable to
use in a firearm; excluding, however:
|
19 | | (1) any ammunition exclusively designed for use with a |
20 | | device used
exclusively for signalling or safety and |
21 | | required or recommended by the
United States Coast Guard or |
22 | | the Interstate Commerce Commission; and
|
23 | | (2) any ammunition designed exclusively for use with a |
24 | | stud or rivet
driver or other similar industrial |
25 | | ammunition. |
26 | | "Gun show" means an event or function: |
|
| | 10000HB1664ham001 | - 26 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (1) at which the sale and transfer of firearms is the |
2 | | regular and normal course of business and where 50 or more |
3 | | firearms are displayed, offered, or exhibited for sale, |
4 | | transfer, or exchange; or |
5 | | (2) at which not less than 10 gun show vendors display, |
6 | | offer, or exhibit for sale, sell, transfer, or exchange |
7 | | firearms.
|
8 | | "Gun show" includes the entire premises provided for an |
9 | | event or function, including parking areas for the event or |
10 | | function, that is sponsored to facilitate the purchase, sale, |
11 | | transfer, or exchange of firearms as described in this Section.
|
12 | | Nothing in this definition shall be construed to exclude a gun |
13 | | show held in conjunction with competitive shooting events at |
14 | | the World Shooting Complex sanctioned by a national governing |
15 | | body in which the sale or transfer of firearms is authorized |
16 | | under subparagraph (5) of paragraph (g) of subsection (A) of |
17 | | Section 24-3 of the Criminal Code of 2012. |
18 | | Unless otherwise expressly stated, "gun show" does not |
19 | | include training or safety classes, competitive shooting |
20 | | events, such as rifle, shotgun, or handgun matches, trap, |
21 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
|
22 | | any other event where the sale or transfer of firearms is not |
23 | | the primary course of business. |
24 | | "Gun show promoter" means a person who organizes or |
25 | | operates a gun show. |
26 | | "Gun show vendor" means a person who exhibits, sells, |
|
| | 10000HB1664ham001 | - 27 - | LRB100 03198 SLF 36702 a |
|
|
1 | | offers for sale, transfers, or exchanges any firearms at a gun |
2 | | show, regardless of whether the person arranges with a gun show |
3 | | promoter for a fixed location from which to exhibit, sell, |
4 | | offer for sale, transfer, or exchange any firearm. |
5 | | "Involuntarily admitted" has the meaning as prescribed in |
6 | | Sections 1-119 and 1-119.1 of the Mental Health and |
7 | | Developmental Disabilities Code. |
8 | | "Mental health facility" means any licensed private |
9 | | hospital or hospital affiliate, institution, or facility, or |
10 | | part thereof, and any facility, or part thereof, operated by |
11 | | the State or a political subdivision thereof which provide |
12 | | treatment of persons with mental illness and includes all |
13 | | hospitals, institutions, clinics, evaluation facilities, |
14 | | mental health centers, colleges, universities, long-term care |
15 | | facilities, and nursing homes, or parts thereof, which provide |
16 | | treatment of persons with mental illness whether or not the |
17 | | primary purpose is to provide treatment of persons with mental |
18 | | illness. |
19 | | "National governing body" means a group of persons who |
20 | | adopt rules and formulate policy on behalf of a national |
21 | | firearm sporting organization. |
22 | | "Patient" means: |
23 | | (1) a person who : |
24 | | (a) is admitted as an in-patient or resident of a |
25 | | public or private mental health facility for mental |
26 | | health treatment under Chapter III of the Mental Health |
|
| | 10000HB1664ham001 | - 28 - | LRB100 03198 SLF 36702 a |
|
|
1 | | and Developmental Disabilities Code as an informal |
2 | | admission under Article III, a voluntary admission |
3 | | under Article IV, a minor admission under Article V, an |
4 | | emergency admission under Article VI, or an |
5 | | involuntary admission under Article VII; or |
6 | | (b) is otherwise provided mental health treatment |
7 | | as an in-patient or resident by a voluntarily receives |
8 | | mental health treatment as an in-patient or resident of |
9 | | any public or private mental health facility, unless |
10 | | the treatment was solely for an alcohol abuse disorder |
11 | | and no other secondary substance abuse disorder or |
12 | | mental illness; or |
13 | | (2) a person who voluntarily or involuntarily receives |
14 | | mental health treatment as an out-patient or is otherwise |
15 | | provided services by a public or private mental health |
16 | | facility, and who poses a clear and present danger to |
17 | | himself, herself, or to others. |
18 | | "Person with a developmental disability" means a person |
19 | | with a disability which is attributable to any other condition |
20 | | which results in impairment similar to that caused by an |
21 | | intellectual disability and which requires services similar to |
22 | | those required by persons with intellectual disabilities. The |
23 | | disability must originate before the age of 18
years, be |
24 | | expected to continue indefinitely, and constitute a |
25 | | substantial disability. This disability results, in the |
26 | | professional opinion of a physician, clinical psychologist, or |
|
| | 10000HB1664ham001 | - 29 - | LRB100 03198 SLF 36702 a |
|
|
1 | | qualified examiner, in significant functional limitations in 3 |
2 | | or more of the following areas of major life activity: |
3 | | (i) self-care; |
4 | | (ii) receptive and expressive language; |
5 | | (iii) learning; |
6 | | (iv) mobility; or |
7 | | (v) self-direction. |
8 | | "Person with an intellectual disability" means a person |
9 | | with a significantly subaverage general intellectual |
10 | | functioning which exists concurrently with impairment in |
11 | | adaptive behavior and which originates before the age of 18 |
12 | | years. |
13 | | "Physician" has the meaning as defined in Section 1-120 of |
14 | | the Mental Health and Developmental Disabilities Code. |
15 | | "Qualified examiner" has the meaning provided in Section |
16 | | 1-122 of the Mental Health and Developmental Disabilities Code. |
17 | | "Sanctioned competitive shooting event" means a shooting |
18 | | contest officially recognized by a national or state shooting |
19 | | sport association, and includes any sight-in or practice |
20 | | conducted in conjunction with the event.
|
21 | | "School administrator" means the person required to report |
22 | | under the School Administrator Reporting of Mental Health Clear |
23 | | and Present Danger Determinations Law. |
24 | | "Stun gun or taser" has the meaning ascribed to it in |
25 | | Section 24-1 of the Criminal Code of 2012. |
26 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
|
| | 10000HB1664ham001 | - 30 - | LRB100 03198 SLF 36702 a |
|
|
1 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
|
2 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
3 | | Sec. 4. (a) Each applicant for a Firearm Owner's |
4 | | Identification Card must:
|
5 | | (1) Make application on blank forms prepared and |
6 | | furnished at convenient
locations throughout the State by |
7 | | the Department of State Police, or by
electronic means, if |
8 | | and when made available by the Department of State
Police; |
9 | | and
|
10 | | (2) Submit evidence to the Department of State Police |
11 | | that:
|
12 | | (i) He or she is 21 years of age or over, or if he |
13 | | or she is under 21
years of age that he or she has the |
14 | | written consent of his or her parent or
legal guardian |
15 | | to possess and acquire firearms and firearm ammunition |
16 | | and that
he or she has never been convicted of a |
17 | | misdemeanor other than a traffic
offense or adjudged
|
18 | | delinquent, provided, however, that such parent or |
19 | | legal guardian is not an
individual prohibited from |
20 | | having a Firearm Owner's Identification Card and
files |
21 | | an affidavit with the Department as prescribed by the |
22 | | Department
stating that he or she is not an individual |
23 | | prohibited from having a Card;
|
24 | | (ii) He or she has not been convicted of a felony |
25 | | under the laws of
this or any other jurisdiction;
|
|
| | 10000HB1664ham001 | - 31 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (iii) He or she is not addicted to narcotics;
|
2 | | (iv) He or she has not been a patient in a mental |
3 | | health facility within
the past 10 5 years or, if he or |
4 | | she has been a patient in a mental health facility more |
5 | | than 10 5 years ago submit the certification required |
6 | | under subsection (u) of Section 8 of this Act;
|
7 | | (v) He or she is not a person with an intellectual |
8 | | disability;
|
9 | | (vi) He or she is not an alien who is unlawfully |
10 | | present in the
United States under the laws of the |
11 | | United States;
|
12 | | (vii) He or she is not subject to an existing order |
13 | | of protection
prohibiting him or her from possessing a |
14 | | firearm;
|
15 | | (viii) He or she has not been convicted within the |
16 | | past 5 years of
battery, assault, aggravated assault, |
17 | | violation of an order of
protection, or a substantially |
18 | | similar offense in another jurisdiction, in
which a |
19 | | firearm was used or possessed;
|
20 | | (ix) He or she has not been convicted of domestic |
21 | | battery, aggravated domestic battery, or a
|
22 | | substantially similar offense in another
jurisdiction |
23 | | committed before, on or after January 1, 2012 (the |
24 | | effective date of Public Act 97-158). If the applicant |
25 | | knowingly and intelligently waives the right to have an |
26 | | offense described in this clause (ix) tried by a jury, |
|
| | 10000HB1664ham001 | - 32 - | LRB100 03198 SLF 36702 a |
|
|
1 | | and by guilty plea or otherwise, results in a |
2 | | conviction for an offense in which a domestic |
3 | | relationship is not a required element of the offense |
4 | | but in which a determination of the applicability of 18 |
5 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the |
6 | | Code of Criminal Procedure of 1963, an entry by the |
7 | | court of a judgment of conviction for that offense |
8 | | shall be grounds for denying the issuance of a Firearm |
9 | | Owner's Identification Card under this Section;
|
10 | | (x) (Blank);
|
11 | | (xi) He or she is not an alien who has been |
12 | | admitted to the United
States under a non-immigrant |
13 | | visa (as that term is defined in Section
101(a)(26) of |
14 | | the Immigration and Nationality Act (8 U.S.C. |
15 | | 1101(a)(26))),
or that he or she is an alien who has |
16 | | been lawfully admitted to the United
States under a |
17 | | non-immigrant visa if that alien is:
|
18 | | (1) admitted to the United States for lawful |
19 | | hunting or sporting
purposes;
|
20 | | (2) an official representative of a foreign |
21 | | government who is:
|
22 | | (A) accredited to the United States |
23 | | Government or the Government's
mission to an |
24 | | international organization having its |
25 | | headquarters in the United
States; or
|
26 | | (B) en route to or from another country to |
|
| | 10000HB1664ham001 | - 33 - | LRB100 03198 SLF 36702 a |
|
|
1 | | which that alien is
accredited;
|
2 | | (3) an official of a foreign government or |
3 | | distinguished foreign
visitor who has been so |
4 | | designated by the Department of State;
|
5 | | (4) a foreign law enforcement officer of a |
6 | | friendly foreign
government entering the United |
7 | | States on official business; or
|
8 | | (5) one who has received a waiver from the |
9 | | Attorney General of the
United States pursuant to |
10 | | 18 U.S.C. 922(y)(3);
|
11 | | (xii) He or she is not a minor subject to a |
12 | | petition filed
under Section 5-520 of the Juvenile |
13 | | Court Act of 1987 alleging that the
minor is a |
14 | | delinquent minor for the commission of an offense that |
15 | | if
committed by an adult would be a felony;
|
16 | | (xiii) He or she is not an adult who had been |
17 | | adjudicated a delinquent
minor under the Juvenile |
18 | | Court Act of 1987 for the commission of an offense
that |
19 | | if committed by an adult would be a felony;
|
20 | | (xiv) He or she is a resident of the State of |
21 | | Illinois; |
22 | | (xv) He or she has not been adjudicated as a person |
23 | | with a mental disability; |
24 | | (xvi) He or she has not been involuntarily admitted |
25 | | into a mental health facility; and |
26 | | (xvii) He or she is not a person with a |
|
| | 10000HB1664ham001 | - 34 - | LRB100 03198 SLF 36702 a |
|
|
1 | | developmental disability; and
|
2 | | (3) Upon request by the Department of State Police, |
3 | | sign a release on a
form prescribed by the Department of |
4 | | State Police waiving any right to
confidentiality and |
5 | | requesting the disclosure to the Department of State Police
|
6 | | of limited mental health institution admission information |
7 | | from another state,
the District of Columbia, any other |
8 | | territory of the United States, or a
foreign nation |
9 | | concerning the applicant for the sole purpose of |
10 | | determining
whether the applicant is or was a patient in a |
11 | | mental health institution and
disqualified because of that |
12 | | status from receiving a Firearm Owner's
Identification |
13 | | Card. No mental health care or treatment records may be
|
14 | | requested. The information received shall be destroyed |
15 | | within one year of
receipt.
|
16 | | (a-5) Each applicant for a Firearm Owner's Identification |
17 | | Card who is over
the age of 18 shall furnish to the Department |
18 | | of State Police either his or
her Illinois driver's license |
19 | | number or Illinois Identification Card number, except as
|
20 | | provided in subsection (a-10).
|
21 | | (a-10) Each applicant for a Firearm Owner's Identification |
22 | | Card,
who is employed as a law enforcement officer, an armed |
23 | | security officer in Illinois, or by the United States Military
|
24 | | permanently assigned in Illinois and who is not an Illinois |
25 | | resident, shall furnish to
the Department of State Police his |
26 | | or her driver's license number or state
identification card |
|
| | 10000HB1664ham001 | - 35 - | LRB100 03198 SLF 36702 a |
|
|
1 | | number from his or her state of residence. The Department
of |
2 | | State Police may adopt rules to enforce the provisions of this
|
3 | | subsection (a-10).
|
4 | | (a-15) If an applicant applying for a Firearm Owner's |
5 | | Identification Card moves from the residence address named in |
6 | | the application, he or she shall immediately notify in a form |
7 | | and manner prescribed by the Department of State Police of that |
8 | | change of address. |
9 | | (a-20) Each applicant for a Firearm Owner's Identification |
10 | | Card shall furnish to the Department of State Police his or her |
11 | | photograph. An applicant who is 21 years of age or older |
12 | | seeking a religious exemption to the photograph requirement |
13 | | must furnish with the application an approved copy of United |
14 | | States Department of the Treasury Internal Revenue Service Form |
15 | | 4029. In lieu of a photograph, an applicant regardless of age |
16 | | seeking a religious exemption to the photograph requirement |
17 | | shall submit fingerprints on a form and manner prescribed by |
18 | | the Department with his or her application. |
19 | | (b) Each application form shall include the following |
20 | | statement printed in
bold type: "Warning: Entering false |
21 | | information on an application for a Firearm
Owner's |
22 | | Identification Card is punishable as a Class 2 felony in |
23 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
24 | | Owners Identification Card
Act.".
|
25 | | (c) Upon such written consent, pursuant to Section 4, |
26 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
|
| | 10000HB1664ham001 | - 36 - | LRB100 03198 SLF 36702 a |
|
|
1 | | consent shall be liable for any
damages resulting from the |
2 | | applicant's use of firearms or firearm ammunition.
|
3 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
|
4 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
|
5 | | Sec. 8. Grounds for denial and revocation. The Department |
6 | | of State Police has authority to deny an
application for or to |
7 | | revoke and seize a Firearm Owner's Identification
Card |
8 | | previously issued under this Act only if the Department finds |
9 | | that the
applicant or the person to whom such card was issued |
10 | | is or was at the time
of issuance:
|
11 | | (a) A person under 21 years of age who has been |
12 | | convicted of a
misdemeanor other than a traffic offense or |
13 | | adjudged delinquent;
|
14 | | (b) A person under 21 years of age who does not have |
15 | | the written consent
of his parent or guardian to acquire |
16 | | and possess firearms and firearm
ammunition, or whose |
17 | | parent or guardian has revoked such written consent,
or |
18 | | where such parent or guardian does not qualify to have a |
19 | | Firearm Owner's
Identification Card;
|
20 | | (c) A person convicted of a felony under the laws of |
21 | | this or any other
jurisdiction;
|
22 | | (d) A person addicted to narcotics;
|
23 | | (e) A person who has been a patient of a mental health |
24 | | facility within the
past 10 5 years or a person who has |
25 | | been a patient in a mental health facility more than 10 5 |
|
| | 10000HB1664ham001 | - 37 - | LRB100 03198 SLF 36702 a |
|
|
1 | | years ago who has not received the certification required |
2 | | under subsection (u) of this Section. An active law |
3 | | enforcement officer employed by a unit of government who is |
4 | | denied, revoked, or has his or her Firearm Owner's |
5 | | Identification Card seized under this subsection (e) may |
6 | | obtain relief as described in subsection (c-5) of Section |
7 | | 10 of this Act if the officer did not act in a manner |
8 | | threatening to the officer, another person, or the public |
9 | | as determined by the treating clinical psychologist or |
10 | | physician, and the officer seeks mental health treatment;
|
11 | | (f) A person whose mental condition is of such a nature |
12 | | that it poses
a clear and present danger to the applicant, |
13 | | any other person or persons , or
the community . The |
14 | | Department may order an applicant or a current Firearm |
15 | | Owner's Identification Card holder to undergo a mental |
16 | | health screening to determine if the person's mental |
17 | | condition poses a clear and present danger to himself or |
18 | | herself, any other person or persons, or the community if: |
19 | | (1) the Department has credible information establishing |
20 | | probable cause to believe the person presents a clear and |
21 | | present danger to himself or herself, any other person or |
22 | | persons, or the community; or (2) if the person was a |
23 | | patient at a mental health facility more than 10 years ago. |
24 | | The Department may delay the issuance of a Firearm Owner's |
25 | | Identification Card or suspend a current holder's card for |
26 | | a period not to exceed 90 days until a mental condition |
|
| | 10000HB1664ham001 | - 38 - | LRB100 03198 SLF 36702 a |
|
|
1 | | determination is made. If the applicant or Firearm Owner's |
2 | | Identification Card holder does not submit to the mental |
3 | | health screening, the application shall be denied or the |
4 | | Firearm Owner's Identification Card shall be revoked; |
5 | | however, the applicant or Firearm Owner's Identification |
6 | | Card holder may request an extension of time to comply for |
7 | | good cause determined by the Department. The Department may |
8 | | designate mental health providers eligible to provide |
9 | | mental health screenings under this subsection (f) whose |
10 | | cost shall be paid by the applicant or current Firearm |
11 | | Owner's Identification Card holder ;
|
12 | | (g) A person who has an intellectual disability;
|
13 | | (h) A person who intentionally makes a false statement |
14 | | in the Firearm
Owner's Identification Card application;
|
15 | | (i) An alien who is unlawfully present in
the United |
16 | | States under the laws of the United States;
|
17 | | (i-5) An alien who has been admitted to the United |
18 | | States under a
non-immigrant visa (as that term is defined |
19 | | in Section 101(a)(26) of the
Immigration and Nationality |
20 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection |
21 | | (i-5) does not apply to any alien who has been lawfully |
22 | | admitted to
the United States under a non-immigrant visa if |
23 | | that alien is:
|
24 | | (1) admitted to the United States for lawful |
25 | | hunting or sporting purposes;
|
26 | | (2) an official representative of a foreign |
|
| | 10000HB1664ham001 | - 39 - | LRB100 03198 SLF 36702 a |
|
|
1 | | government who is:
|
2 | | (A) accredited to the United States Government |
3 | | or the Government's
mission to an international |
4 | | organization having its headquarters in the United
|
5 | | States; or
|
6 | | (B) en route to or from another country to |
7 | | which that alien is
accredited;
|
8 | | (3) an official of a foreign government or |
9 | | distinguished foreign visitor
who has been so |
10 | | designated by the Department of State;
|
11 | | (4) a foreign law enforcement officer of a friendly |
12 | | foreign government
entering the United States on |
13 | | official business; or
|
14 | | (5) one who has received a waiver from the Attorney |
15 | | General of the United
States pursuant to 18 U.S.C. |
16 | | 922(y)(3);
|
17 | | (j) (Blank);
|
18 | | (k) A person who has been convicted within the past 5 |
19 | | years of battery,
assault, aggravated assault, violation |
20 | | of an order of protection, or a
substantially similar |
21 | | offense in another jurisdiction, in which a firearm was
|
22 | | used or possessed;
|
23 | | (l) A person who has been convicted of domestic |
24 | | battery, aggravated domestic battery, or a substantially
|
25 | | similar offense in another jurisdiction committed before, |
26 | | on or after January 1, 2012 (the effective date of Public |
|
| | 10000HB1664ham001 | - 40 - | LRB100 03198 SLF 36702 a |
|
|
1 | | Act 97-158). If the applicant or person who has been |
2 | | previously issued a Firearm Owner's Identification Card |
3 | | under this Act knowingly and intelligently waives the right |
4 | | to have an offense described in this paragraph (l) tried by |
5 | | a jury, and by guilty plea or otherwise, results in a |
6 | | conviction for an offense in which a domestic relationship |
7 | | is not a required element of the offense but in which a |
8 | | determination of the applicability of 18 U.S.C. 922(g)(9) |
9 | | is made under Section 112A-11.1 of the Code of Criminal |
10 | | Procedure of 1963, an entry by the court of a judgment of |
11 | | conviction for that offense shall be grounds for denying an |
12 | | application for and for revoking and seizing a Firearm |
13 | | Owner's Identification Card previously issued to the |
14 | | person under this Act;
|
15 | | (m) (Blank);
|
16 | | (n) A person who is prohibited from acquiring or |
17 | | possessing
firearms or firearm ammunition by any Illinois |
18 | | State statute or by federal
law;
|
19 | | (o) A minor subject to a petition filed under Section |
20 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the |
21 | | minor is a delinquent minor for
the commission of an |
22 | | offense that if committed by an adult would be a felony;
|
23 | | (p) An adult who had been adjudicated a delinquent |
24 | | minor under the Juvenile
Court Act of 1987 for the |
25 | | commission of an offense that if committed by an
adult |
26 | | would be a felony;
|
|
| | 10000HB1664ham001 | - 41 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (q) A person who is not a resident of the State of |
2 | | Illinois, except as provided in subsection (a-10) of |
3 | | Section 4; |
4 | | (r) A person who has been adjudicated as a person with |
5 | | a mental disability; |
6 | | (s) A person who has been found to have a developmental |
7 | | disability; |
8 | | (t) A person involuntarily admitted into a mental |
9 | | health facility; or |
10 | | (u) A person who has had his or her Firearm Owner's |
11 | | Identification Card revoked or denied under subsection (e) |
12 | | of this Section or item (iv) of paragraph (2) of subsection |
13 | | (a) of Section 4 of this Act because he or she was a |
14 | | patient in a mental health facility as provided in |
15 | | subsection (e) of this Section, shall not be permitted to |
16 | | obtain a Firearm Owner's Identification Card, after the |
17 | | 10-year 5-year period has lapsed, unless he or she has |
18 | | received a mental health evaluation by a physician, |
19 | | clinical psychologist, or qualified examiner as those |
20 | | terms are defined in the Mental Health and Developmental |
21 | | Disabilities Code, and has received a certification that he |
22 | | or she is not a clear and present danger to himself, |
23 | | herself, or others. The physician, clinical psychologist, |
24 | | or qualified examiner making the certification and his or |
25 | | her employer shall not be held criminally, civilly, or |
26 | | professionally liable for making or not making the |
|
| | 10000HB1664ham001 | - 42 - | LRB100 03198 SLF 36702 a |
|
|
1 | | certification required under this subsection, except for |
2 | | willful or wanton misconduct. This subsection does not |
3 | | apply to a person whose firearm possession rights have been |
4 | | restored through administrative or judicial action under |
5 | | Section 10 or 11 of this Act. |
6 | | Upon revocation of a person's Firearm Owner's |
7 | | Identification Card, the Department of State Police shall |
8 | | provide notice to the person and the person shall comply with |
9 | | Section 9.5 of this Act. |
10 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, |
11 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
|
12 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
13 | | Sec. 10. Appeal to director; hearing; relief from firearm |
14 | | prohibitions. |
15 | | (a) Whenever an application for a Firearm Owner's |
16 | | Identification
Card is denied, whenever the Department fails to |
17 | | act on an application
within 30 days of its receipt, or |
18 | | whenever such a Card is revoked or seized
as provided for in |
19 | | Section 8 of this Act, the aggrieved party may
appeal
to the |
20 | | Director of State Police for a hearing upon
such denial, |
21 | | revocation or seizure, unless the denial, revocation, or |
22 | | seizure
was based upon a forcible felony, stalking, aggravated |
23 | | stalking, domestic
battery, any violation of the Illinois |
24 | | Controlled Substances Act, the Methamphetamine Control and |
25 | | Community Protection Act, or the
Cannabis Control Act that is |
|
| | 10000HB1664ham001 | - 43 - | LRB100 03198 SLF 36702 a |
|
|
1 | | classified as a Class 2 or greater felony,
any
felony violation |
2 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code |
3 | | of 2012, or any
adjudication as a delinquent minor for the |
4 | | commission of an
offense that if committed by an adult would be |
5 | | a felony, in which case the
aggrieved party may petition the |
6 | | circuit court in writing in the county of
his or her residence |
7 | | for a hearing upon such denial, revocation, or seizure.
|
8 | | (b) At least 30 days before any hearing in the circuit |
9 | | court, the
petitioner shall serve the
relevant State's Attorney |
10 | | with a copy of the petition. The State's Attorney
may object to |
11 | | the petition and present evidence. At the hearing the court
|
12 | | shall
determine whether substantial justice has been done. |
13 | | Should the court
determine that substantial justice has not |
14 | | been done, the court shall issue an
order directing the |
15 | | Department of State Police to issue a Card. However, the court |
16 | | shall not issue the order if the petitioner is otherwise |
17 | | prohibited from obtaining, possessing, or using a firearm under
|
18 | | federal law.
|
19 | | (c) Any person prohibited from possessing a firearm under |
20 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
21 | | acquiring a Firearm Owner's
Identification Card under Section 8 |
22 | | of this Act may apply to
the Director
of State Police
or |
23 | | petition the circuit court in the county where the petitioner |
24 | | resides,
whichever is applicable in accordance with subsection |
25 | | (a) of this Section,
requesting relief
from such prohibition |
26 | | and the Director or court may grant such relief if it
is
|
|
| | 10000HB1664ham001 | - 44 - | LRB100 03198 SLF 36702 a |
|
|
1 | | established by the applicant to the court's or Director's |
2 | | satisfaction
that:
|
3 | | (0.05) when in the circuit court, the State's Attorney |
4 | | has been served
with a written
copy of the
petition at |
5 | | least 30 days before any such hearing in the circuit court |
6 | | and at
the hearing the
State's Attorney was afforded an |
7 | | opportunity to present evidence and object to
the petition;
|
8 | | (1) the applicant has not been convicted of a forcible |
9 | | felony under the
laws of this State or any other |
10 | | jurisdiction within 20 years of the
applicant's |
11 | | application for a Firearm Owner's Identification Card, or |
12 | | at
least 20 years have passed since the end of any period |
13 | | of imprisonment
imposed in relation to that conviction;
|
14 | | (2) the circumstances regarding a criminal conviction, |
15 | | where applicable,
the applicant's criminal history and his |
16 | | reputation are such that the applicant
will not be likely |
17 | | to act in a manner dangerous to public safety;
|
18 | | (3) granting relief would not be contrary to the public |
19 | | interest; and |
20 | | (4) granting relief would not be contrary to federal |
21 | | law.
|
22 | | (c-5) (1) An active law enforcement officer employed by a |
23 | | unit of government, who is denied, revoked, or has his or her |
24 | | Firearm Owner's Identification Card seized under subsection |
25 | | (e) of Section 8 of this Act may apply to the Director of State |
26 | | Police requesting relief if the officer did not act in a manner |
|
| | 10000HB1664ham001 | - 45 - | LRB100 03198 SLF 36702 a |
|
|
1 | | threatening to the officer, another person, or the public as |
2 | | determined by the treating clinical psychologist or physician, |
3 | | and as a result of his or her work is referred by the employer |
4 | | for or voluntarily seeks mental health evaluation or treatment |
5 | | by a licensed clinical psychologist, psychiatrist, or |
6 | | qualified examiner, and: |
7 | | (A) the officer has not received treatment |
8 | | involuntarily at a mental health facility, regardless of |
9 | | the length of admission; or has not been voluntarily |
10 | | admitted to a mental health facility for more than 30 days |
11 | | and not for more than one incident within the past 10 5 |
12 | | years; and |
13 | | (B) the officer has not left the mental institution |
14 | | against medical advice. |
15 | | (2) The Director of State Police shall grant expedited |
16 | | relief to active law enforcement officers described in |
17 | | paragraph (1) of this subsection (c-5) upon a determination by |
18 | | the Director that the officer's possession of a firearm does |
19 | | not present a threat to themselves, others, or public safety. |
20 | | The Director shall act on the request for relief within 30 |
21 | | business days of receipt of: |
22 | | (A) a notarized statement from the officer in the form |
23 | | prescribed by the Director detailing the circumstances |
24 | | that led to the hospitalization; |
25 | | (B) all documentation regarding the admission, |
26 | | evaluation, treatment and discharge from the treating |
|
| | 10000HB1664ham001 | - 46 - | LRB100 03198 SLF 36702 a |
|
|
1 | | licensed clinical psychologist or psychiatrist of the |
2 | | officer; |
3 | | (C) a psychological fitness for duty evaluation of the |
4 | | person completed after the time of discharge; and |
5 | | (D) written confirmation in the form prescribed by the |
6 | | Director from the treating licensed clinical psychologist |
7 | | or psychiatrist that the provisions set forth in paragraph |
8 | | (1) of this subsection (c-5) have been met, the person |
9 | | successfully completed treatment, and their professional |
10 | | opinion regarding the person's ability to possess |
11 | | firearms. |
12 | | (3) Officers eligible for the expedited relief in paragraph |
13 | | (2) of this subsection (c-5) have the burden of proof on |
14 | | eligibility and must provide all information required. The |
15 | | Director may not consider granting expedited relief until the |
16 | | proof and information is received. |
17 | | (4) "Clinical psychologist", "psychiatrist", and |
18 | | "qualified examiner" shall have the same meaning as provided in |
19 | | Chapter I of the Mental Health and Developmental Disabilities |
20 | | Code. |
21 | | (c-10) (1) An applicant, who is denied, revoked, or has his |
22 | | or her Firearm Owner's Identification Card seized under |
23 | | subsection (e) of Section 8 of this Act based upon a |
24 | | determination of a developmental disability or an intellectual |
25 | | disability may apply to the Director of State Police requesting |
26 | | relief. |
|
| | 10000HB1664ham001 | - 47 - | LRB100 03198 SLF 36702 a |
|
|
1 | | (2) The Director shall act on the request for relief within |
2 | | 60 business days of receipt of written certification, in the |
3 | | form prescribed by the Director, from a physician or clinical |
4 | | psychologist, or qualified examiner, that the aggrieved |
5 | | party's developmental disability or intellectual disability |
6 | | condition is determined by a physician, clinical psychologist, |
7 | | or qualified to be mild. If a fact-finding conference is |
8 | | scheduled to obtain additional information concerning the |
9 | | circumstances of the denial or revocation, the 60 business days |
10 | | the Director has to act shall be tolled until the completion of |
11 | | the fact-finding conference. |
12 | | (3) The Director may grant relief if the aggrieved party's |
13 | | developmental disability or intellectual disability is mild as |
14 | | determined by a physician, clinical psychologist, or qualified |
15 | | examiner and it is established by the applicant to the |
16 | | Director's satisfaction that: |
17 | | (A) granting relief would not be contrary to the public |
18 | | interest; and |
19 | | (B) granting relief would not be contrary to federal |
20 | | law. |
21 | | (4) The Director may not grant relief if the condition is |
22 | | determined by a physician, clinical psychologist, or qualified |
23 | | examiner to be moderate, severe, or profound. |
24 | | (5) The changes made to this Section by this amendatory Act |
25 | | of the 99th General Assembly apply to requests for
relief |
26 | | pending on or before the effective date of this amendatory Act, |
|
| | 10000HB1664ham001 | - 48 - | LRB100 03198 SLF 36702 a |
|
|
1 | | except that the 60-day period for the Director to act on |
2 | | requests pending before the effective date shall begin
on the |
3 | | effective date of this amendatory Act. |
4 | | (d) When a minor is adjudicated delinquent for an offense |
5 | | which if
committed by an adult would be a felony, the court |
6 | | shall notify the Department
of State Police.
|
7 | | (e) The court shall review the denial of an application or |
8 | | the revocation of
a Firearm Owner's Identification Card of a |
9 | | person who has been adjudicated
delinquent for an offense that |
10 | | if
committed by an adult would be a felony if an
application |
11 | | for relief has been filed at least 10 years after the |
12 | | adjudication
of delinquency and the court determines that the |
13 | | applicant should be
granted relief from disability to obtain a |
14 | | Firearm Owner's Identification Card.
If the court grants |
15 | | relief, the court shall notify the Department of State
Police |
16 | | that the disability has
been removed and that the applicant is |
17 | | eligible to obtain a Firearm Owner's
Identification Card.
|
18 | | (f) Any person who is subject to the disabilities of 18 |
19 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
20 | | of 1968 because of an adjudication or commitment that occurred |
21 | | under the laws of this State or who was determined to be |
22 | | subject to the provisions of subsections (e), (f), or (g) of |
23 | | Section 8 of this Act may apply to the Department of State |
24 | | Police requesting relief from that prohibition. The Director |
25 | | shall grant the relief if it is established by a preponderance |
26 | | of the evidence that the person will not be likely to act in a |
|
| | 10000HB1664ham001 | - 49 - | LRB100 03198 SLF 36702 a |
|
|
1 | | manner dangerous to public safety and that granting relief |
2 | | would not be contrary to the public interest. In making this |
3 | | determination, the Director shall receive evidence concerning |
4 | | (i) the circumstances regarding the firearms disabilities from |
5 | | which relief is sought; (ii) the petitioner's mental health and |
6 | | criminal history records, if any; (iii) the petitioner's |
7 | | reputation, developed at a minimum through character witness |
8 | | statements, testimony, or other character evidence; and (iv) |
9 | | changes in the petitioner's condition or circumstances since |
10 | | the disqualifying events relevant to the relief sought. If |
11 | | relief is granted under this subsection or by order of a court |
12 | | under this Section, the Director shall as soon as practicable |
13 | | but in no case later than 15 business days, update, correct, |
14 | | modify, or remove the person's record in any database that the |
15 | | Department of State Police makes available to the National |
16 | | Instant Criminal Background Check System and notify the United |
17 | | States Attorney General that the basis for the record being |
18 | | made available no longer applies. The Department of State |
19 | | Police shall adopt rules for the administration of this |
20 | | Section. |
21 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
22 | | eff. 7-20-15.)
|
23 | | Section 95. No acceleration or delay. Where this Act makes |
24 | | changes in a statute that is represented in this Act by text |
25 | | that is not yet or no longer in effect (for example, a Section |