Rep. Deb Conroy
Filed: 2/26/2018
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1 | AMENDMENT TO HOUSE BILL 1664
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2 | AMENDMENT NO. ______. Amend House Bill 1664 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Freedom of Information Act is amended by | ||||||
5 | changing Section 7.5 as follows: | ||||||
6 | (5 ILCS 140/7.5) | ||||||
7 | (Text of Section before amendment by P.A. 100-512 and | ||||||
8 | 100-517 ) | ||||||
9 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
10 | by the statutes referenced below, the following shall be exempt | ||||||
11 | from inspection and copying: | ||||||
12 | (a) All information determined to be confidential | ||||||
13 | under Section 4002 of the Technology Advancement and | ||||||
14 | Development Act. | ||||||
15 | (b) Library circulation and order records identifying | ||||||
16 | library users with specific materials under the Library |
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| |||||||
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 |
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| |||||||
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 |
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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 |
| |||||||
| |||||||
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 |
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| |||||||
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. |
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| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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: |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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;
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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, |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | represented by multiple versions), the use of that text does | ||||||
2 | not accelerate or delay the taking effect of (i) the changes | ||||||
3 | made by this Act or (ii) provisions derived from any other | ||||||
4 | Public Act.
| ||||||
5 | Section 99. Effective date. This Act takes effect July 1, | ||||||
6 | 2018.".
|