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1 | AN ACT concerning firearms.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 3. The Open Meetings Act is amended by changing | |||||||||||||||||||
5 | Section 2 as follows:
| |||||||||||||||||||
6 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| |||||||||||||||||||
7 | Sec. 2. Open meetings.
| |||||||||||||||||||
8 | (a) Openness required. All meetings of public
bodies shall | |||||||||||||||||||
9 | be open to the public unless excepted in subsection (c)
and | |||||||||||||||||||
10 | closed in accordance with Section 2a.
| |||||||||||||||||||
11 | (b) Construction of exceptions. The exceptions contained | |||||||||||||||||||
12 | in subsection
(c) are in derogation of the requirement that | |||||||||||||||||||
13 | public bodies
meet in the open, and therefore, the exceptions | |||||||||||||||||||
14 | are to be strictly
construed, extending only to subjects | |||||||||||||||||||
15 | clearly within their scope.
The exceptions authorize but do | |||||||||||||||||||
16 | not require the holding of
a closed meeting to discuss a | |||||||||||||||||||
17 | subject included within an enumerated exception.
| |||||||||||||||||||
18 | (c) Exceptions. A public body may hold closed meetings to | |||||||||||||||||||
19 | consider the
following subjects:
| |||||||||||||||||||
20 | (1) The appointment, employment, compensation, | |||||||||||||||||||
21 | discipline, performance,
or dismissal of specific | |||||||||||||||||||
22 | employees, specific individuals who serve as independent | |||||||||||||||||||
23 | contractors in a park, recreational, or educational |
| |||||||
| |||||||
1 | setting, or specific volunteers of the public body or | ||||||
2 | legal counsel for
the public body, including hearing
| ||||||
3 | testimony on a complaint lodged against an employee, a | ||||||
4 | specific individual who serves as an independent | ||||||
5 | contractor in a park, recreational, or educational | ||||||
6 | setting, or a volunteer of the public body or
against | ||||||
7 | legal counsel for the public body to determine its | ||||||
8 | validity. However, a meeting to consider an increase in | ||||||
9 | compensation to a specific employee of a public body that | ||||||
10 | is subject to the Local Government Wage Increase | ||||||
11 | Transparency Act may not be closed and shall be open to the | ||||||
12 | public and posted and held in accordance with this Act.
| ||||||
13 | (2) Collective negotiating matters between the public | ||||||
14 | body and its
employees or their representatives, or | ||||||
15 | deliberations concerning salary
schedules for one or more | ||||||
16 | classes of employees.
| ||||||
17 | (3) The selection of a person to fill a public office,
| ||||||
18 | as defined in this Act, including a vacancy in a public | ||||||
19 | office, when the public
body is given power to appoint | ||||||
20 | under law or ordinance, or the discipline,
performance or | ||||||
21 | removal of the occupant of a public office, when the | ||||||
22 | public body
is given power to remove the occupant under | ||||||
23 | law or ordinance.
| ||||||
24 | (4) Evidence or testimony presented in open hearing, | ||||||
25 | or in closed
hearing where specifically authorized by law, | ||||||
26 | to
a quasi-adjudicative body, as defined in this Act, |
| |||||||
| |||||||
1 | provided that the body
prepares and makes available for | ||||||
2 | public inspection a written decision
setting forth its | ||||||
3 | determinative reasoning.
| ||||||
4 | (5) The purchase or lease of real property for the use | ||||||
5 | of
the public body, including meetings held for the | ||||||
6 | purpose of discussing
whether a particular parcel should | ||||||
7 | be acquired.
| ||||||
8 | (6) The setting of a price for sale or lease of | ||||||
9 | property owned
by the public body.
| ||||||
10 | (7) The sale or purchase of securities, investments, | ||||||
11 | or investment
contracts. This exception shall not apply to | ||||||
12 | the investment of assets or income of funds deposited into | ||||||
13 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
14 | (8) Security procedures, school building safety and | ||||||
15 | security, and the use of personnel and
equipment to | ||||||
16 | respond to an actual, a threatened, or a reasonably
| ||||||
17 | potential danger to the safety of employees, students, | ||||||
18 | staff, the public, or
public
property.
| ||||||
19 | (9) Student disciplinary cases.
| ||||||
20 | (10) The placement of individual students in special | ||||||
21 | education
programs and other matters relating to | ||||||
22 | individual students.
| ||||||
23 | (11) Litigation, when an action against, affecting or | ||||||
24 | on behalf of the
particular public body has been filed and | ||||||
25 | is pending before a court or
administrative tribunal, or | ||||||
26 | when the public body finds that an action is
probable or |
| |||||||
| |||||||
1 | imminent, in which case the basis for the finding shall be
| ||||||
2 | recorded and entered into the minutes of the closed | ||||||
3 | meeting.
| ||||||
4 | (12) The establishment of reserves or settlement of | ||||||
5 | claims as provided
in the Local Governmental and | ||||||
6 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
7 | disposition of a claim or potential claim might be
| ||||||
8 | prejudiced, or the review or discussion of claims, loss or | ||||||
9 | risk management
information, records, data, advice or | ||||||
10 | communications from or with respect
to any insurer of the | ||||||
11 | public body or any intergovernmental risk management
| ||||||
12 | association or self insurance pool of which the public | ||||||
13 | body is a member.
| ||||||
14 | (13) Conciliation of complaints of discrimination in | ||||||
15 | the sale or rental
of housing, when closed meetings are | ||||||
16 | authorized by the law or ordinance
prescribing fair | ||||||
17 | housing practices and creating a commission or
| ||||||
18 | administrative agency for their enforcement.
| ||||||
19 | (14) Informant sources, the hiring or assignment of | ||||||
20 | undercover personnel
or equipment, or ongoing, prior or | ||||||
21 | future criminal investigations, when
discussed by a public | ||||||
22 | body with criminal investigatory responsibilities.
| ||||||
23 | (15) Professional ethics or performance when | ||||||
24 | considered by an advisory
body appointed to advise a | ||||||
25 | licensing or regulatory agency on matters
germane to the | ||||||
26 | advisory body's field of competence.
|
| |||||||
| |||||||
1 | (16) Self evaluation, practices and procedures or | ||||||
2 | professional ethics,
when meeting with a representative of | ||||||
3 | a statewide association of which the
public body is a | ||||||
4 | member.
| ||||||
5 | (17) The recruitment, credentialing, discipline or | ||||||
6 | formal peer review
of physicians or other
health care | ||||||
7 | professionals, or for the discussion of matters protected | ||||||
8 | under the federal Patient Safety and Quality Improvement | ||||||
9 | Act of 2005, and the regulations promulgated thereunder, | ||||||
10 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
11 | Health Insurance Portability and Accountability Act of | ||||||
12 | 1996, and the regulations promulgated thereunder, | ||||||
13 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
14 | hospital, or
other institution providing medical care, | ||||||
15 | that is operated by the public body.
| ||||||
16 | (18) Deliberations for decisions of the Prisoner | ||||||
17 | Review Board.
| ||||||
18 | (19) Review or discussion of applications received | ||||||
19 | under the
Experimental Organ Transplantation Procedures | ||||||
20 | Act.
| ||||||
21 | (20) The classification and discussion of matters | ||||||
22 | classified as
confidential or continued confidential by | ||||||
23 | the State Government Suggestion Award
Board.
| ||||||
24 | (21) Discussion of minutes of meetings lawfully closed | ||||||
25 | under this Act,
whether for purposes of approval by the | ||||||
26 | body of the minutes or semi-annual
review of the minutes |
| |||||||
| |||||||
1 | as mandated by Section 2.06.
| ||||||
2 | (22) Deliberations for decisions of the State
| ||||||
3 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
4 | (23) The operation by a municipality of a municipal | ||||||
5 | utility or the
operation of a
municipal power agency or | ||||||
6 | municipal natural gas agency when the
discussion involves | ||||||
7 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
8 | of electricity or natural gas or (ii) the results
or | ||||||
9 | conclusions of load forecast studies.
| ||||||
10 | (24) Meetings of a residential health care facility | ||||||
11 | resident sexual
assault and death review
team or
the | ||||||
12 | Executive
Council under the Abuse Prevention Review
Team | ||||||
13 | Act.
| ||||||
14 | (25) Meetings of an independent team of experts under | ||||||
15 | Brian's Law. | ||||||
16 | (26) Meetings of a mortality review team appointed | ||||||
17 | under the Department of Juvenile Justice Mortality Review | ||||||
18 | Team Act. | ||||||
19 | (27) (Blank). | ||||||
20 | (28) Correspondence and records (i) that may not be | ||||||
21 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
22 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
23 | the Illinois Public Aid Code. | ||||||
24 | (29) Meetings between internal or external auditors | ||||||
25 | and governmental audit committees, finance committees, and | ||||||
26 | their equivalents, when the discussion involves internal |
| |||||||
| |||||||
1 | control weaknesses, identification of potential fraud risk | ||||||
2 | areas, known or suspected frauds, and fraud interviews | ||||||
3 | conducted in accordance with generally accepted auditing | ||||||
4 | standards of the United States of America. | ||||||
5 | (30) Those meetings or portions of meetings of a | ||||||
6 | fatality review team or the Illinois Fatality Review Team | ||||||
7 | Advisory Council during which a review of the death of an | ||||||
8 | eligible adult in which abuse or neglect is suspected, | ||||||
9 | alleged, or substantiated is conducted pursuant to Section | ||||||
10 | 15 of the Adult Protective Services Act. | ||||||
11 | (31) Meetings and deliberations for decisions of the | ||||||
12 | Concealed Carry Licensing Review Board under the Firearm | ||||||
13 | Concealed Carry Act. | ||||||
14 | (32) Meetings between the Regional Transportation | ||||||
15 | Authority Board and its Service Boards when the discussion | ||||||
16 | involves review by the Regional Transportation Authority | ||||||
17 | Board of employment contracts under Section 28d of the | ||||||
18 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
19 | 3B.26 of the Regional Transportation Authority Act. | ||||||
20 | (33) Those meetings or portions of meetings of the | ||||||
21 | advisory committee and peer review subcommittee created | ||||||
22 | under Section 320 of the Illinois Controlled Substances | ||||||
23 | Act during which specific controlled substance prescriber, | ||||||
24 | dispenser, or patient information is discussed. | ||||||
25 | (34) Meetings of the Tax Increment Financing Reform | ||||||
26 | Task Force under Section 2505-800 of the Department of |
| |||||||
| |||||||
1 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
2 | (35) Meetings of the group established to discuss | ||||||
3 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
4 | Illinois Public Aid Code. | ||||||
5 | (36) Those deliberations or portions of deliberations | ||||||
6 | for decisions of the Illinois Gaming Board in which there | ||||||
7 | is discussed any of the following: (i) personal, | ||||||
8 | commercial, financial, or other information obtained from | ||||||
9 | any source that is privileged, proprietary, confidential, | ||||||
10 | or a trade secret; or (ii) information specifically | ||||||
11 | exempted from the disclosure by federal or State law. | ||||||
12 | (37) Meetings of the Firearm Owner's Identification | ||||||
13 | Card Review Board under Section 10 of the Firearm Owners | ||||||
14 | Identification Card Act. | ||||||
15 | (d) Definitions. For purposes of this Section:
| ||||||
16 | "Employee" means a person employed by a public body whose | ||||||
17 | relationship
with the public body constitutes an | ||||||
18 | employer-employee relationship under
the usual common law | ||||||
19 | rules, and who is not an independent contractor.
| ||||||
20 | "Public office" means a position created by or under the
| ||||||
21 | Constitution or laws of this State, the occupant of which is | ||||||
22 | charged with
the exercise of some portion of the sovereign | ||||||
23 | power of this State. The term
"public office" shall include | ||||||
24 | members of the public body, but it shall not
include | ||||||
25 | organizational positions filled by members thereof, whether
| ||||||
26 | established by law or by a public body itself, that exist to |
| |||||||
| |||||||
1 | assist the
body in the conduct of its business.
| ||||||
2 | "Quasi-adjudicative body" means an administrative body | ||||||
3 | charged by law or
ordinance with the responsibility to conduct | ||||||
4 | hearings, receive evidence or
testimony and make | ||||||
5 | determinations based
thereon, but does not include
local | ||||||
6 | electoral boards when such bodies are considering petition | ||||||
7 | challenges.
| ||||||
8 | (e) Final action. No final action may be taken at a closed | ||||||
9 | meeting.
Final action shall be preceded by a public recital of | ||||||
10 | the nature of the
matter being considered and other | ||||||
11 | information that will inform the
public of the business being | ||||||
12 | conducted.
| ||||||
13 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
14 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
15 | 8-23-19; revised 9-27-19.)
| ||||||
16 | Section 5. The Freedom of Information Act is amended by | ||||||
17 | changing Section 7.5 as follows: | ||||||
18 | (5 ILCS 140/7.5) | ||||||
19 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
20 | by the statutes referenced below, the following shall be | ||||||
21 | exempt from inspection and copying: | ||||||
22 | (a) All information determined to be confidential | ||||||
23 | under Section 4002 of the Technology Advancement and | ||||||
24 | Development Act. |
| |||||||
| |||||||
1 | (b) Library circulation and order records identifying | ||||||
2 | library users with specific materials under the Library | ||||||
3 | Records Confidentiality Act. | ||||||
4 | (c) Applications, related documents, and medical | ||||||
5 | records received by the Experimental Organ Transplantation | ||||||
6 | Procedures Board and any and all documents or other | ||||||
7 | records prepared by the Experimental Organ Transplantation | ||||||
8 | Procedures Board or its staff relating to applications it | ||||||
9 | has received. | ||||||
10 | (d) Information and records held by the Department of | ||||||
11 | Public Health and its authorized representatives relating | ||||||
12 | to known or suspected cases of sexually transmissible | ||||||
13 | disease or any information the disclosure of which is | ||||||
14 | restricted under the Illinois Sexually Transmissible | ||||||
15 | Disease Control Act. | ||||||
16 | (e) Information the disclosure of which is exempted | ||||||
17 | under Section 30 of the Radon Industry Licensing Act. | ||||||
18 | (f) Firm performance evaluations under Section 55 of | ||||||
19 | the Architectural, Engineering, and Land Surveying | ||||||
20 | Qualifications Based Selection Act. | ||||||
21 | (g) Information the disclosure of which is restricted | ||||||
22 | and exempted under Section 50 of the Illinois Prepaid | ||||||
23 | Tuition Act. | ||||||
24 | (h) Information the disclosure of which is exempted | ||||||
25 | under the State Officials and Employees Ethics Act, and | ||||||
26 | records of any lawfully created State or local inspector |
| |||||||
| |||||||
1 | general's office that would be exempt if created or | ||||||
2 | obtained by an Executive Inspector General's office under | ||||||
3 | that Act. | ||||||
4 | (i) Information contained in a local emergency energy | ||||||
5 | plan submitted to a municipality in accordance with a | ||||||
6 | local emergency energy plan ordinance that is adopted | ||||||
7 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
8 | (j) Information and data concerning the distribution | ||||||
9 | of surcharge moneys collected and remitted by carriers | ||||||
10 | under the Emergency Telephone System Act. | ||||||
11 | (k) Law enforcement officer identification information | ||||||
12 | or driver identification information compiled by a law | ||||||
13 | enforcement agency or the Department of Transportation | ||||||
14 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
15 | (l) Records and information provided to a residential | ||||||
16 | health care facility resident sexual assault and death | ||||||
17 | review team or the Executive Council under the Abuse | ||||||
18 | Prevention Review Team Act. | ||||||
19 | (m) Information provided to the predatory lending | ||||||
20 | database created pursuant to Article 3 of the Residential | ||||||
21 | Real Property Disclosure Act, except to the extent | ||||||
22 | authorized under that Article. | ||||||
23 | (n) Defense budgets and petitions for certification of | ||||||
24 | compensation and expenses for court appointed trial | ||||||
25 | counsel as provided under Sections 10 and 15 of the | ||||||
26 | Capital Crimes Litigation Act. This subsection (n) shall |
| |||||||
| |||||||
1 | apply until the conclusion of the trial of the case, even | ||||||
2 | if the prosecution chooses not to pursue the death penalty | ||||||
3 | prior to trial or sentencing. | ||||||
4 | (o) Information that is prohibited from being | ||||||
5 | disclosed under Section 4 of the Illinois Health and | ||||||
6 | Hazardous Substances Registry Act. | ||||||
7 | (p) Security portions of system safety program plans, | ||||||
8 | investigation reports, surveys, schedules, lists, data, or | ||||||
9 | information compiled, collected, or prepared by or for the | ||||||
10 | Regional Transportation Authority under Section 2.11 of | ||||||
11 | the Regional Transportation Authority Act or the St. Clair | ||||||
12 | County Transit District under the Bi-State Transit Safety | ||||||
13 | Act. | ||||||
14 | (q) Information prohibited from being disclosed by the | ||||||
15 | Personnel Record Review Act. | ||||||
16 | (r) Information prohibited from being disclosed by the | ||||||
17 | Illinois School Student Records Act. | ||||||
18 | (s) Information the disclosure of which is restricted | ||||||
19 | under Section 5-108 of the Public Utilities Act.
| ||||||
20 | (t) All identified or deidentified health information | ||||||
21 | in the form of health data or medical records contained | ||||||
22 | in, stored in, submitted to, transferred by, or released | ||||||
23 | from the Illinois Health Information Exchange, and | ||||||
24 | identified or deidentified health information in the form | ||||||
25 | of health data and medical records of the Illinois Health | ||||||
26 | Information Exchange in the possession of the Illinois |
| |||||||
| |||||||
1 | Health Information Exchange Office due to its | ||||||
2 | administration of the Illinois Health Information | ||||||
3 | Exchange. The terms "identified" and "deidentified" shall | ||||||
4 | be given the same meaning as in the Health Insurance | ||||||
5 | Portability and Accountability Act of 1996, Public Law | ||||||
6 | 104-191, or any subsequent amendments thereto, and any | ||||||
7 | regulations promulgated thereunder. | ||||||
8 | (u) Records and information provided to an independent | ||||||
9 | team of experts under the Developmental Disability and | ||||||
10 | Mental Health Safety Act (also known as Brian's Law). | ||||||
11 | (v) Names and information of people who have applied | ||||||
12 | for or received Firearm Owner's Identification Cards under | ||||||
13 | the Firearm Owners Identification Card Act or applied for | ||||||
14 | or received a concealed carry license under the Firearm | ||||||
15 | Concealed Carry Act, unless otherwise authorized by the | ||||||
16 | Firearm Concealed Carry Act; and databases under the | ||||||
17 | Firearm Concealed Carry Act, records of the Concealed | ||||||
18 | Carry Licensing Review Board under the Firearm Concealed | ||||||
19 | Carry Act, and law enforcement agency objections under the | ||||||
20 | Firearm Concealed Carry Act. | ||||||
21 | (v-5) Records of the Firearm Owner's Identification | ||||||
22 | Card Review Board that are exempted from disclosure under | ||||||
23 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
24 | (w) Personally identifiable information which is | ||||||
25 | exempted from disclosure under subsection (g) of Section | ||||||
26 | 19.1 of the Toll Highway Act. |
| |||||||
| |||||||
1 | (x) Information which is exempted from disclosure | ||||||
2 | under Section 5-1014.3 of the Counties Code or Section | ||||||
3 | 8-11-21 of the Illinois Municipal Code. | ||||||
4 | (y) Confidential information under the Adult | ||||||
5 | Protective Services Act and its predecessor enabling | ||||||
6 | statute, the Elder Abuse and Neglect Act, including | ||||||
7 | information about the identity and administrative finding | ||||||
8 | against any caregiver of a verified and substantiated | ||||||
9 | decision of abuse, neglect, or financial exploitation of | ||||||
10 | an eligible adult maintained in the Registry established | ||||||
11 | under Section 7.5 of the Adult Protective Services Act. | ||||||
12 | (z) Records and information provided to a fatality | ||||||
13 | review team or the Illinois Fatality Review Team Advisory | ||||||
14 | Council under Section 15 of the Adult Protective Services | ||||||
15 | Act. | ||||||
16 | (aa) Information which is exempted from disclosure | ||||||
17 | under Section 2.37 of the Wildlife Code. | ||||||
18 | (bb) Information which is or was prohibited from | ||||||
19 | disclosure by the Juvenile Court Act of 1987. | ||||||
20 | (cc) Recordings made under the Law Enforcement | ||||||
21 | Officer-Worn Body Camera Act, except to the extent | ||||||
22 | authorized under that Act. | ||||||
23 | (dd) Information that is prohibited from being | ||||||
24 | disclosed under Section 45 of the Condominium and Common | ||||||
25 | Interest Community Ombudsperson Act. | ||||||
26 | (ee) Information that is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
2 | (ff) Information that is exempted from disclosure | ||||||
3 | under the Revised Uniform Unclaimed Property Act. | ||||||
4 | (gg) Information that is prohibited from being | ||||||
5 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
6 | Code. | ||||||
7 | (hh) Records that are exempt from disclosure under | ||||||
8 | Section 1A-16.7 of the Election Code. | ||||||
9 | (ii) Information which is exempted from disclosure | ||||||
10 | under Section 2505-800 of the Department of Revenue Law of | ||||||
11 | the Civil Administrative Code of Illinois. | ||||||
12 | (jj) Information and reports that are required to be | ||||||
13 | submitted to the Department of Labor by registering day | ||||||
14 | and temporary labor service agencies but are exempt from | ||||||
15 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
16 | and Temporary Labor Services Act. | ||||||
17 | (kk) Information prohibited from disclosure under the | ||||||
18 | Seizure and Forfeiture Reporting Act. | ||||||
19 | (ll) Information the disclosure of which is restricted | ||||||
20 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
21 | Aid Code. | ||||||
22 | (mm) Records that are exempt from disclosure under | ||||||
23 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
24 | (nn) Information that is exempt from disclosure under | ||||||
25 | Section 70 of the Higher Education Student Assistance Act. | ||||||
26 | (oo) Communications, notes, records, and reports |
| |||||||
| |||||||
1 | arising out of a peer support counseling session | ||||||
2 | prohibited from disclosure under the First Responders | ||||||
3 | Suicide Prevention Act. | ||||||
4 | (pp) Names and all identifying information relating to | ||||||
5 | an employee of an emergency services provider or law | ||||||
6 | enforcement agency under the First Responders Suicide | ||||||
7 | Prevention Act. | ||||||
8 | (qq) Information and records held by the Department of | ||||||
9 | Public Health and its authorized representatives collected | ||||||
10 | under the Reproductive Health Act. | ||||||
11 | (rr) Information that is exempt from disclosure under | ||||||
12 | the Cannabis Regulation and Tax Act. | ||||||
13 | (ss) Data reported by an employer to the Department of | ||||||
14 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
15 | Human Rights Act. | ||||||
16 | (tt) Recordings made under the Children's Advocacy | ||||||
17 | Center Act, except to the extent authorized under that | ||||||
18 | Act. | ||||||
19 | (uu) Information that is exempt from disclosure under | ||||||
20 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
21 | (vv) Information that is exempt from disclosure under | ||||||
22 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
23 | Public Aid Code. | ||||||
24 | (ww) Information that is exempt from disclosure under | ||||||
25 | Section 16.8 of the State Treasurer Act. | ||||||
26 | (xx) Information that is exempt from disclosure or |
| |||||||
| |||||||
1 | information that shall not be made public under the | ||||||
2 | Illinois Insurance Code. | ||||||
3 | (yy) Information prohibited from being disclosed under | ||||||
4 | the Illinois Educational Labor Relations Act. | ||||||
5 | (zz) Information prohibited from being disclosed under | ||||||
6 | the Illinois Public Labor Relations Act. | ||||||
7 | (aaa) Information prohibited from being disclosed | ||||||
8 | under Section 1-167 of the Illinois Pension Code. | ||||||
9 | (bbb) Records exempt from disclosure under Section
| ||||||
10 | 2605-304 of the Department of State Police Law of the | ||||||
11 | Civil
Administrative Code of Illinois. | ||||||
12 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
13 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
14 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
15 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
16 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
17 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
18 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
19 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
20 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
21 | eff. 7-7-20.) | ||||||
22 | Section 10. The Department of State Police Law of the
| ||||||
23 | Civil Administrative Code of Illinois is amended by changing | ||||||
24 | Section 2605-605 and by adding Section 2605-304 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-304 new) | ||||||
2 | Sec. 2605-304. Prohibited persons portal. | ||||||
3 | (a) Within 90 days after the effective date of this | ||||||
4 | amendatory Act of the 102nd General Assembly, the Illinois | ||||||
5 | State Police shall establish a portal for use by federal, | ||||||
6 | State, or local law enforcement agencies, including Offices of | ||||||
7 | the State's Attorneys and the Office of the Attorney General | ||||||
8 | to capture a report of persons whose Firearm Owner's | ||||||
9 | Identification Cards have been revoked or suspended. The | ||||||
10 | portal is for law enforcement purposes only. | ||||||
11 | (b) The Illinois State Police shall include in the report | ||||||
12 | the reason the person's Firearm Owner's Identification Card | ||||||
13 | was subject to revocation or suspension, to the extent allowed | ||||||
14 | by law, consistent with Section 8 of the Firearm Owners | ||||||
15 | Identification Card Act. | ||||||
16 | (c) The Illinois State Police shall indicate whether the | ||||||
17 | person subject to the revocation or suspension of his or her | ||||||
18 | Firearm Owner's Identification Card has surrendered his or her | ||||||
19 | revoked or suspended Firearm Owner's Identification Card and | ||||||
20 | whether the person has completed a Firearm Disposition Record | ||||||
21 | required under Section 9.5 of the Firearm Owners | ||||||
22 | Identification Card Act. The Illinois State Police shall make | ||||||
23 | reasonable efforts to make this information available on the | ||||||
24 | Law Enforcement Agencies Data System (LEADS). | ||||||
25 | (d) The Illinois State Police shall provide updates of | ||||||
26 | information related to an individual's current Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card revocation or suspension status, including | ||||||
2 | compliance under Section 9.5 of the Firearm Owners | ||||||
3 | Identification Card Act, in the Illinois State Police's Law | ||||||
4 | Enforcement Agencies Data System. | ||||||
5 | (e) Records in this portal are exempt from disclosure | ||||||
6 | under the Freedom of Information Act. | ||||||
7 | (f) The Illinois State Police may adopt rules necessary to | ||||||
8 | implement this Section. | ||||||
9 | (20 ILCS 2605/2605-605) | ||||||
10 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
11 | Director of State Police shall may establish a statewide | ||||||
12 | multi-jurisdictional Violent Crime Intelligence Task Force led | ||||||
13 | by the Department of State Police dedicated to combating gun | ||||||
14 | violence, gun-trafficking, and other violent crime with the | ||||||
15 | primary mission of preservation of life and reducing the | ||||||
16 | occurrence and the fear of crime. The objectives of the Task | ||||||
17 | Force shall include, but not be limited to, reducing and | ||||||
18 | preventing illegal possession and use of firearms, | ||||||
19 | firearm-related homicides, and other violent crimes. | ||||||
20 | (1) The Task Force may develop and acquire information, | ||||||
21 | training, tools, and resources necessary to implement a | ||||||
22 | data-driven approach to policing, with an emphasis on | ||||||
23 | intelligence development. | ||||||
24 | (2) The Task Force may utilize information sharing, | ||||||
25 | partnerships, crime analysis, and evidence-based practices to |
| |||||||
| |||||||
1 | assist in the reduction of firearm-related shootings, | ||||||
2 | homicides, and gun-trafficking. | ||||||
3 | (3) The Task Force may recognize and utilize best | ||||||
4 | practices of community policing and may develop potential | ||||||
5 | partnerships with faith-based and community organizations to | ||||||
6 | achieve its goals. | ||||||
7 | (4) The Task Force may identify and utilize best practices | ||||||
8 | in drug-diversion programs and other community-based services | ||||||
9 | to redirect low-level offenders. | ||||||
10 | (5) The Task Force may assist in violence suppression | ||||||
11 | strategies including, but not limited to, details in | ||||||
12 | identified locations that have shown to be the most prone to | ||||||
13 | gun violence and violent crime, focused deterrence against | ||||||
14 | violent gangs and groups considered responsible for the | ||||||
15 | violence in communities, and other intelligence driven methods | ||||||
16 | deemed necessary to interrupt cycles of violence or prevent | ||||||
17 | retaliation. | ||||||
18 | (6) In consultation with the Chief Procurement Officer, | ||||||
19 | the Department of State Police may obtain contracts for | ||||||
20 | software, commodities, resources, and equipment to assist the | ||||||
21 | Task Force with achieving this Act. Any contracts necessary to | ||||||
22 | support the delivery of necessary software, commodities, | ||||||
23 | resources, and equipment are not subject to the Illinois | ||||||
24 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
25 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
26 | Procurement Officer may, in writing with justification, waive |
| |||||||
| |||||||
1 | any certification required under Article 50 of the Illinois | ||||||
2 | Procurement Code.
| ||||||
3 | (7) The Task Force shall conduct enforcement operations | ||||||
4 | against persons whose Firearm Owner's Identification Cards | ||||||
5 | have been revoked or suspended and persons who fail to comply | ||||||
6 | with the requirements of Section 9.5 of the Firearm Owners | ||||||
7 | Identification Card Act, prioritizing individuals presenting a | ||||||
8 | clear and present danger to themselves or to others under | ||||||
9 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm | ||||||
10 | Owners Identification Card Act. | ||||||
11 | (8) The Task Force shall collaborate with local law | ||||||
12 | enforcement agencies to enforce provisions of the Firearm | ||||||
13 | Owners Identification Card Act, the Firearm Concealed Carry | ||||||
14 | Act, the Firearm Dealer License Certification Act, and Article | ||||||
15 | 24 of the Criminal Code of 2012. | ||||||
16 | (9) To implement this Section, the Director of the | ||||||
17 | Illinois State Police may establish intergovernmental | ||||||
18 | contracts written and executed in conformity with the | ||||||
19 | Intergovernmental Cooperation Act. | ||||||
20 | (10) Law enforcement agencies that participate in | ||||||
21 | activities described in paragraphs (7) through (9) may apply | ||||||
22 | to the Illinois State Police for grants from the State Police | ||||||
23 | Revocation Enforcement Fund. | ||||||
24 | (Source: P.A. 100-3, eff. 1-1-18 .) | ||||||
25 | Section 15. The State Finance Act is amended by changing |
| |||||||
| |||||||
1 | 6z-99 and by adding Sections 5.935 and 6z-124 as follows: | ||||||
2 | (30 ILCS 105/5.935 new) | ||||||
3 | Sec. 5.935. The State Police Revocation Enforcement Fund. | ||||||
4 | (30 ILCS 105/6z-99) | ||||||
5 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
6 | (a) There is created in the State treasury a special fund | ||||||
7 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
8 | receive revenue under the Firearm Concealed Carry Act. The | ||||||
9 | Fund may also receive revenue from grants, pass-through | ||||||
10 | grants, donations, appropriations, and any other legal source. | ||||||
11 | (b) The Department of State Police and Department of Human | ||||||
12 | Services shall coordinate to use moneys in the Fund to finance | ||||||
13 | their respective duties of collecting and reporting data on | ||||||
14 | mental health records and ensuring that mental health firearm | ||||||
15 | possession prohibitors are enforced as set forth under the | ||||||
16 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
17 | Identification Card Act , including reporting prohibitors to
| ||||||
18 | the National Instant Criminal Background Check System (NICS) . | ||||||
19 | Any surplus in the Fund beyond what is necessary to ensure | ||||||
20 | compliance with mental health reporting under these Acts shall | ||||||
21 | be used by the Department of Human Services for mental health | ||||||
22 | treatment programs and by the State Board of Education for the | ||||||
23 | Safe Schools and Healthy Learning Environments Grant Program . | ||||||
24 | (c) Investment income that is attributable to the |
| |||||||
| |||||||
1 | investment of moneys in the Fund shall be retained in the Fund | ||||||
2 | for the uses specified in this Section.
| ||||||
3 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
4 | (30 ILCS 105/6z-124 new) | ||||||
5 | Sec. 6z-124. State Police Revocation Enforcement Fund. | ||||||
6 | (a) The State Police Revocation Enforcement Fund is | ||||||
7 | established as a special fund in the State treasury. This Fund | ||||||
8 | is established to receive moneys from the Firearm Owners | ||||||
9 | Identification Card Act to enforce that Act, the Firearm | ||||||
10 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
11 | and other firearm offenses. The Fund may also receive revenue | ||||||
12 | from grants, donations, appropriations, and any other legal | ||||||
13 | source. | ||||||
14 | (b) The Illinois State Police may use moneys from the Fund | ||||||
15 | to establish task forces and, if necessary, include other law | ||||||
16 | enforcement agencies, pursuant to intergovernmental contracts | ||||||
17 | written and executed in conformity with the Intergovernmental | ||||||
18 | Cooperation Act. | ||||||
19 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
20 | hire and train State Police officers and prevention of violent | ||||||
21 | crime. | ||||||
22 | (d) The State Police Revocation Enforcement Fund is not | ||||||
23 | subject to administrative chargebacks. | ||||||
24 | (e) Law enforcement agencies that participate in Firearm | ||||||
25 | Owner's Identification Card revocation enforcement in the |
| |||||||
| |||||||
1 | Violent Crime Intelligence Task Force may apply for grants | ||||||
2 | from the Illinois State Police.
| ||||||
3 | Section 20. The Firearm Owners Identification Card Act is | ||||||
4 | amended by changing Sections 1.1, 3.1, 4, 5, 6, 7, 8.2, 8.3, | ||||||
5 | 9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, and | ||||||
6 | 13.4 as follows:
| ||||||
7 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
8 | Sec. 1.1. For purposes of this Act:
| ||||||
9 | "Addicted to narcotics" means a person who has been: | ||||||
10 | (1) convicted of an offense involving the use or | ||||||
11 | possession of cannabis, a controlled substance, or | ||||||
12 | methamphetamine within the past year; or | ||||||
13 | (2) determined by the Department of State Police to be | ||||||
14 | addicted to narcotics based upon federal law or federal | ||||||
15 | guidelines. | ||||||
16 | "Addicted to narcotics" does not include possession or use | ||||||
17 | of a prescribed controlled substance under the direction and | ||||||
18 | authority of a physician or other person authorized to | ||||||
19 | prescribe the controlled substance when the controlled | ||||||
20 | substance is used in the prescribed manner. | ||||||
21 | "Adjudicated as a person with a mental disability" means | ||||||
22 | the person is the subject of a determination by a court, board, | ||||||
23 | commission or other lawful authority that the person, as a | ||||||
24 | result of marked subnormal intelligence, or mental illness, |
| |||||||
| |||||||
1 | mental impairment, incompetency, condition, or disease: | ||||||
2 | (1) presents a clear and present danger to himself, | ||||||
3 | herself, or to others; | ||||||
4 | (2) lacks the mental capacity to manage his or her own | ||||||
5 | affairs or is adjudicated a person with a disability as | ||||||
6 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
7 | (3) is not guilty in a criminal case by reason of | ||||||
8 | insanity, mental disease or defect; | ||||||
9 | (3.5) is guilty but mentally ill, as provided in | ||||||
10 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
11 | (4) is incompetent to stand trial in a criminal case; | ||||||
12 | (5) is not guilty by reason of lack of mental | ||||||
13 | responsibility under Articles 50a and 72b of the Uniform | ||||||
14 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
15 | (6) is a sexually violent person under subsection (f) | ||||||
16 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
17 | Act; | ||||||
18 | (7) is a sexually dangerous person under the Sexually | ||||||
19 | Dangerous Persons Act; | ||||||
20 | (8) is unfit to stand trial under the Juvenile Court | ||||||
21 | Act of 1987; | ||||||
22 | (9) is not guilty by reason of insanity under the | ||||||
23 | Juvenile Court Act of 1987; | ||||||
24 | (10) is subject to involuntary admission as an | ||||||
25 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
26 | and Developmental Disabilities Code; |
| |||||||
| |||||||
1 | (11) is subject to involuntary admission as an | ||||||
2 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
3 | Health and Developmental Disabilities Code; | ||||||
4 | (12) is subject to judicial admission as set forth in | ||||||
5 | Section 4-500 of the Mental Health and Developmental | ||||||
6 | Disabilities Code; or | ||||||
7 | (13) is subject to the provisions of the Interstate | ||||||
8 | Agreements on Sexually Dangerous Persons Act. | ||||||
9 | "Clear and present danger" means a person who: | ||||||
10 | (1) communicates a serious threat of physical violence | ||||||
11 | against a reasonably identifiable victim or poses a clear | ||||||
12 | and imminent risk of serious physical injury to himself, | ||||||
13 | herself, or another person as determined by a physician, | ||||||
14 | clinical psychologist, or qualified examiner; or | ||||||
15 | (2) demonstrates threatening physical or verbal | ||||||
16 | behavior, such as violent, suicidal, or assaultive | ||||||
17 | threats, actions, or other behavior, as determined by a | ||||||
18 | physician, clinical psychologist, qualified examiner, | ||||||
19 | school administrator, or law enforcement official. | ||||||
20 | "Clinical psychologist" has the meaning provided in | ||||||
21 | Section 1-103 of the Mental Health and Developmental | ||||||
22 | Disabilities Code. | ||||||
23 | "Controlled substance" means a controlled substance or | ||||||
24 | controlled substance analog as defined in the Illinois | ||||||
25 | Controlled Substances Act. | ||||||
26 | "Counterfeit" means to copy or imitate, without legal |
| |||||||
| |||||||
1 | authority, with
intent
to deceive. | ||||||
2 | "Federally licensed firearm dealer" means a person who is | ||||||
3 | licensed as a federal firearms dealer under Section 923 of the | ||||||
4 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
5 | "Firearm" means any device, by
whatever name known, which | ||||||
6 | is designed to expel a projectile or projectiles
by the action | ||||||
7 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
8 | however:
| ||||||
9 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
10 | B-B gun which
expels a single globular projectile not | ||||||
11 | exceeding .18 inch in
diameter or which has a maximum | ||||||
12 | muzzle velocity of less than 700 feet
per second;
| ||||||
13 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
14 | or B-B gun which expels breakable paint balls containing | ||||||
15 | washable marking colors; | ||||||
16 | (2) any device used exclusively for signalling or | ||||||
17 | safety and required or
recommended by the United States | ||||||
18 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
19 | (3) any device used exclusively for the firing of stud | ||||||
20 | cartridges,
explosive rivets or similar industrial | ||||||
21 | ammunition; and
| ||||||
22 | (4) an antique firearm (other than a machine-gun) | ||||||
23 | which, although
designed as a weapon, the Department of | ||||||
24 | State Police finds by reason of
the date of its | ||||||
25 | manufacture, value, design, and other characteristics is
| ||||||
26 | primarily a collector's item and is not likely to be used |
| |||||||
| |||||||
1 | as a weapon.
| ||||||
2 | "Firearm ammunition" means any self-contained cartridge or | ||||||
3 | shotgun
shell, by whatever name known, which is designed to be | ||||||
4 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
5 | (1) any ammunition exclusively designed for use with a | ||||||
6 | device used
exclusively for signalling or safety and | ||||||
7 | required or recommended by the
United States Coast Guard | ||||||
8 | or the Interstate Commerce Commission; and
| ||||||
9 | (2) any ammunition designed exclusively for use with a | ||||||
10 | stud or rivet
driver or other similar industrial | ||||||
11 | ammunition. | ||||||
12 | "Gun show" means an event or function: | ||||||
13 | (1) at which the sale and transfer of firearms is the | ||||||
14 | regular and normal course of business and where 50 or more | ||||||
15 | firearms are displayed, offered, or exhibited for sale, | ||||||
16 | transfer, or exchange; or | ||||||
17 | (2) at which not less than 10 gun show vendors | ||||||
18 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
19 | exchange firearms.
| ||||||
20 | "Gun show" includes the entire premises provided for an | ||||||
21 | event or function, including parking areas for the event or | ||||||
22 | function, that is sponsored to facilitate the purchase, sale, | ||||||
23 | transfer, or exchange of firearms as described in this | ||||||
24 | Section.
Nothing in this definition shall be construed to | ||||||
25 | exclude a gun show held in conjunction with competitive | ||||||
26 | shooting events at the World Shooting Complex sanctioned by a |
| |||||||
| |||||||
1 | national governing body in which the sale or transfer of | ||||||
2 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
3 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
4 | Unless otherwise expressly stated, "gun show" does not | ||||||
5 | include training or safety classes, competitive shooting | ||||||
6 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
7 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
8 | or
any other event where the sale or transfer of firearms is | ||||||
9 | not the primary course of business. | ||||||
10 | "Gun show promoter" means a person who organizes or | ||||||
11 | operates a gun show. | ||||||
12 | "Gun show vendor" means a person who exhibits, sells, | ||||||
13 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
14 | show, regardless of whether the person arranges with a gun | ||||||
15 | show promoter for a fixed location from which to exhibit, | ||||||
16 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
17 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
18 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
19 | Developmental Disabilities Code. | ||||||
20 | "Mental health facility" means any licensed private | ||||||
21 | hospital or hospital affiliate, institution, or facility, or | ||||||
22 | part thereof, and any facility, or part thereof, operated by | ||||||
23 | the State or a political subdivision thereof which provide | ||||||
24 | treatment of persons with mental illness and includes all | ||||||
25 | hospitals, institutions, clinics, evaluation facilities, | ||||||
26 | mental health centers, colleges, universities, long-term care |
| |||||||
| |||||||
1 | facilities, and nursing homes, or parts thereof, which provide | ||||||
2 | treatment of persons with mental illness whether or not the | ||||||
3 | primary purpose is to provide treatment of persons with mental | ||||||
4 | illness. | ||||||
5 | "National governing body" means a group of persons who | ||||||
6 | adopt rules and formulate policy on behalf of a national | ||||||
7 | firearm sporting organization. | ||||||
8 | "Patient" means: | ||||||
9 | (1) a person who is admitted as an inpatient or | ||||||
10 | resident of a public or private mental health facility for | ||||||
11 | mental health treatment under Chapter III of the Mental | ||||||
12 | Health and Developmental Disabilities Code as an informal | ||||||
13 | admission, a voluntary admission, a minor admission, an | ||||||
14 | emergency admission, or an involuntary admission, unless | ||||||
15 | the treatment was solely for an alcohol abuse disorder; or | ||||||
16 | (2) a person who voluntarily or involuntarily receives | ||||||
17 | mental health treatment as an out-patient or is otherwise | ||||||
18 | provided services by a public or private mental health | ||||||
19 | facility, and who poses a clear and present danger to | ||||||
20 | himself, herself, or to others. | ||||||
21 | "Person with a developmental disability" means a person | ||||||
22 | with a disability which is attributable to any other condition | ||||||
23 | which results in impairment similar to that caused by an | ||||||
24 | intellectual disability and which requires services similar to | ||||||
25 | those required by persons with intellectual disabilities. The | ||||||
26 | disability must originate before the age of 18
years, be |
| |||||||
| |||||||
1 | expected to continue indefinitely, and constitute a | ||||||
2 | substantial disability. This disability results, in the | ||||||
3 | professional opinion of a physician, clinical psychologist, or | ||||||
4 | qualified examiner, in significant functional limitations in 3 | ||||||
5 | or more of the following areas of major life activity: | ||||||
6 | (i) self-care; | ||||||
7 | (ii) receptive and expressive language; | ||||||
8 | (iii) learning; | ||||||
9 | (iv) mobility; or | ||||||
10 | (v) self-direction. | ||||||
11 | "Person with an intellectual disability" means a person | ||||||
12 | with a significantly subaverage general intellectual | ||||||
13 | functioning which exists concurrently with impairment in | ||||||
14 | adaptive behavior and which originates before the age of 18 | ||||||
15 | years. | ||||||
16 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
17 | the Mental Health and Developmental Disabilities Code. | ||||||
18 | "Protective order" means any orders of protection issued | ||||||
19 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
20 | contact orders issued under the Stalking No Contact Order Act, | ||||||
21 | civil no contact orders issued under the Civil No Contact | ||||||
22 | Order Act, and firearms restraining orders issued under the | ||||||
23 | Firearms Restraining Order Act. | ||||||
24 | "Qualified examiner" has the meaning provided in Section | ||||||
25 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
26 | Code. |
| |||||||
| |||||||
1 | "Sanctioned competitive shooting event" means a shooting | ||||||
2 | contest officially recognized by a national or state shooting | ||||||
3 | sport association, and includes any sight-in or practice | ||||||
4 | conducted in conjunction with the event.
| ||||||
5 | "School administrator" means the person required to report | ||||||
6 | under the School Administrator Reporting of Mental Health | ||||||
7 | Clear and Present Danger Determinations Law. | ||||||
8 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
9 | Section 24-1 of the Criminal Code of 2012. | ||||||
10 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
11 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .)
| ||||||
12 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
13 | Sec. 3.1. Firearm Transfer Inquiry Program Dial up system . | ||||||
14 | (a) The Department of State Police shall provide
a dial up | ||||||
15 | telephone system or utilize other existing technology which | ||||||
16 | shall be used by any federally licensed
firearm dealer, gun | ||||||
17 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
18 | stun gun, or taser under the provisions of this
Act. The | ||||||
19 | Department of State Police may utilize existing technology | ||||||
20 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
21 | Fees collected by the Department of
State Police shall be | ||||||
22 | deposited in the State Police Services Fund and used
to | ||||||
23 | provide the service.
| ||||||
24 | (b) Upon receiving a request from a federally licensed | ||||||
25 | firearm dealer, gun show promoter, or gun show vendor, the
|
| |||||||
| |||||||
1 | Department of State Police shall immediately approve, or | ||||||
2 | within the time
period established by Section 24-3 of the | ||||||
3 | Criminal Code of 2012 regarding
the delivery of firearms, stun | ||||||
4 | guns, and tasers notify the inquiring dealer, gun show | ||||||
5 | promoter, or gun show vendor of any objection that
would | ||||||
6 | disqualify the transferee from acquiring or possessing a | ||||||
7 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
8 | Department of State Police shall initiate and
complete an | ||||||
9 | automated search of its criminal history record information
| ||||||
10 | files and those of the Federal Bureau of Investigation, | ||||||
11 | including the
National Instant Criminal Background Check | ||||||
12 | System, and of the files of
the Department of Human Services | ||||||
13 | relating to mental health and
developmental disabilities to | ||||||
14 | obtain
any felony conviction or patient hospitalization | ||||||
15 | information which would
disqualify a person from obtaining or | ||||||
16 | require revocation of a currently
valid Firearm Owner's | ||||||
17 | Identification Card. | ||||||
18 | (b-5) The Illinois State Police shall by rule provide a | ||||||
19 | process for the automatic renewal of the Firearm Owner's | ||||||
20 | Identification Card of a person at the time of a inquiry in | ||||||
21 | subsection (b). Persons eligible for this process must have a | ||||||
22 | set of fingerprints on file with their application pursuant to | ||||||
23 | either subsection (a-25) of Section 4 or the Firearm Concealed | ||||||
24 | Carry Act. | ||||||
25 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
26 | of the Criminal Code of 2012, federal law, or this Act the |
| |||||||
| |||||||
1 | Department of State Police shall: | ||||||
2 | (1) assign a unique identification number to the | ||||||
3 | transfer; and | ||||||
4 | (2) provide the licensee, gun show promoter, or gun | ||||||
5 | show vendor with the number. | ||||||
6 | (d) Approvals issued by the Department of State Police for | ||||||
7 | the purchase of a firearm are valid for 30 days from the date | ||||||
8 | of issue.
| ||||||
9 | (e) (1) The Department of State Police must act as the | ||||||
10 | Illinois Point of Contact
for the National Instant Criminal | ||||||
11 | Background Check System. | ||||||
12 | (2) The Department of State Police and the Department of | ||||||
13 | Human Services shall, in accordance with State and federal law | ||||||
14 | regarding confidentiality, enter into a memorandum of | ||||||
15 | understanding with the Federal Bureau of Investigation for the | ||||||
16 | purpose of implementing the National Instant Criminal | ||||||
17 | Background Check System in the State. The Department of State | ||||||
18 | Police shall report the name, date of birth, and physical | ||||||
19 | description of any person prohibited from possessing a firearm | ||||||
20 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
21 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
22 | Background Check System Index, Denied Persons Files.
| ||||||
23 | (3) The Department of State Police shall provide notice of | ||||||
24 | the disqualification of a person under subsection (b) of this | ||||||
25 | Section or the revocation of a person's Firearm Owner's | ||||||
26 | Identification Card under Section 8 or Section 8.2 of this |
| |||||||
| |||||||
1 | Act, and the reason for the disqualification or revocation, to | ||||||
2 | all law enforcement agencies with jurisdiction to assist with | ||||||
3 | the seizure of the person's Firearm Owner's Identification | ||||||
4 | Card. | ||||||
5 | (f) The Department of State Police shall adopt rules not | ||||||
6 | inconsistent with this Section to implement this
system.
| ||||||
7 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| ||||||
8 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
9 | Sec. 4. Application for Firearm Owner's Identification | ||||||
10 | Cards. | ||||||
11 | (a) Each applicant for a Firearm Owner's Identification | ||||||
12 | Card must:
| ||||||
13 | (1) Make application on blank forms prepared and | ||||||
14 | furnished at convenient
locations throughout the State by | ||||||
15 | the Department of State Police, or by
electronic means, if | ||||||
16 | and when made available by the Department of State
Police; | ||||||
17 | and
| ||||||
18 | (2) Submit evidence to the Department of State Police | ||||||
19 | that:
| ||||||
20 | (i) This subparagraph (i) applies through the | ||||||
21 | 180th day following the effective date of this | ||||||
22 | amendatory Act of the 101st General Assembly. He or | ||||||
23 | she is 21 years of age or over, or if he or she is | ||||||
24 | under 21
years of age that he or she has the written | ||||||
25 | consent of his or her parent or
legal guardian to |
| |||||||
| |||||||
1 | possess and acquire firearms and firearm ammunition | ||||||
2 | and that
he or she has never been convicted of a | ||||||
3 | misdemeanor other than a traffic
offense or adjudged
| ||||||
4 | delinquent, provided, however, that such parent or | ||||||
5 | legal guardian is not an
individual prohibited from | ||||||
6 | having a Firearm Owner's Identification Card and
files | ||||||
7 | an affidavit with the Department as prescribed by the | ||||||
8 | Department
stating that he or she is not an individual | ||||||
9 | prohibited from having a Card; | ||||||
10 | (i-5) This subparagraph (i-5) applies on and after | ||||||
11 | the 181st day following the effective date of this | ||||||
12 | amendatory Act of the 101st General Assembly. He or | ||||||
13 | she is 21 years of age or over, or if he or she is | ||||||
14 | under 21
years of age that he or she has never been | ||||||
15 | convicted of a misdemeanor other than a traffic | ||||||
16 | offense or adjudged delinquent and is an active duty | ||||||
17 | member of the United States Armed Forces or has the | ||||||
18 | written consent of his or her parent or
legal guardian | ||||||
19 | to possess and acquire firearms and firearm | ||||||
20 | ammunition, provided, however, that such parent or | ||||||
21 | legal guardian is not an
individual prohibited from | ||||||
22 | having a Firearm Owner's Identification Card and
files | ||||||
23 | an affidavit with the Department as prescribed by the | ||||||
24 | Department
stating that he or she is not an individual | ||||||
25 | prohibited from having a Card or the active duty | ||||||
26 | member of the United States Armed Forces under 21 |
| |||||||
| |||||||
1 | years of age annually submits proof to the Department | ||||||
2 | of State Police, in a manner prescribed by the | ||||||
3 | Department;
| ||||||
4 | (ii) He or she has not been convicted of a felony | ||||||
5 | under the laws of
this or any other jurisdiction;
| ||||||
6 | (iii) He or she is not addicted to narcotics;
| ||||||
7 | (iv) He or she has not been a patient in a mental | ||||||
8 | health facility within
the past 5 years or, if he or | ||||||
9 | she has been a patient in a mental health facility more | ||||||
10 | than 5 years ago submit the certification required | ||||||
11 | under subsection (u) of Section 8 of this Act;
| ||||||
12 | (v) He or she is not a person with an intellectual | ||||||
13 | disability;
| ||||||
14 | (vi) He or she is not an alien who is unlawfully | ||||||
15 | present in the
United States under the laws of the | ||||||
16 | United States;
| ||||||
17 | (vii) He or she is not subject to an existing order | ||||||
18 | of protection
prohibiting him or her from possessing a | ||||||
19 | firearm;
| ||||||
20 | (viii) He or she has not been convicted within the | ||||||
21 | past 5 years of
battery, assault, aggravated assault, | ||||||
22 | violation of an order of
protection, or a | ||||||
23 | substantially similar offense in another jurisdiction, | ||||||
24 | in
which a firearm was used or possessed;
| ||||||
25 | (ix) He or she has not been convicted of domestic | ||||||
26 | battery, aggravated domestic battery, or a
|
| |||||||
| |||||||
1 | substantially similar offense in another
jurisdiction | ||||||
2 | committed before, on or after January 1, 2012 (the | ||||||
3 | effective date of Public Act 97-158). If the applicant | ||||||
4 | knowingly and intelligently waives the right to have | ||||||
5 | an offense described in this clause (ix) tried by a | ||||||
6 | jury, and by guilty plea or otherwise, results in a | ||||||
7 | conviction for an offense in which a domestic | ||||||
8 | relationship is not a required element of the offense | ||||||
9 | but in which a determination of the applicability of | ||||||
10 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
11 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
12 | court of a judgment of conviction for that offense | ||||||
13 | shall be grounds for denying the issuance of a Firearm | ||||||
14 | Owner's Identification Card under this Section;
| ||||||
15 | (x) (Blank);
| ||||||
16 | (xi) He or she is not an alien who has been | ||||||
17 | admitted to the United
States under a non-immigrant | ||||||
18 | visa (as that term is defined in Section
101(a)(26) of | ||||||
19 | the Immigration and Nationality Act (8 U.S.C. | ||||||
20 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
21 | been lawfully admitted to the United
States under a | ||||||
22 | non-immigrant visa if that alien is:
| ||||||
23 | (1) admitted to the United States for lawful | ||||||
24 | hunting or sporting
purposes;
| ||||||
25 | (2) an official representative of a foreign | ||||||
26 | government who is:
|
| |||||||
| |||||||
1 | (A) accredited to the United States | ||||||
2 | Government or the Government's
mission to an | ||||||
3 | international organization having its | ||||||
4 | headquarters in the United
States; or
| ||||||
5 | (B) en route to or from another country to | ||||||
6 | which that alien is
accredited;
| ||||||
7 | (3) an official of a foreign government or | ||||||
8 | distinguished foreign
visitor who has been so | ||||||
9 | designated by the Department of State;
| ||||||
10 | (4) a foreign law enforcement officer of a | ||||||
11 | friendly foreign
government entering the United | ||||||
12 | States on official business; or
| ||||||
13 | (5) one who has received a waiver from the | ||||||
14 | Attorney General of the
United States pursuant to | ||||||
15 | 18 U.S.C. 922(y)(3);
| ||||||
16 | (xii) He or she is not a minor subject to a | ||||||
17 | petition filed
under Section 5-520 of the Juvenile | ||||||
18 | Court Act of 1987 alleging that the
minor is a | ||||||
19 | delinquent minor for the commission of an offense that | ||||||
20 | if
committed by an adult would be a felony;
| ||||||
21 | (xiii) He or she is not an adult who had been | ||||||
22 | adjudicated a delinquent
minor under the Juvenile | ||||||
23 | Court Act of 1987 for the commission of an offense
that | ||||||
24 | if committed by an adult would be a felony;
| ||||||
25 | (xiv) He or she is a resident of the State of | ||||||
26 | Illinois; |
| |||||||
| |||||||
1 | (xv) He or she has not been adjudicated as a person | ||||||
2 | with a mental disability; | ||||||
3 | (xvi) He or she has not been involuntarily | ||||||
4 | admitted into a mental health facility; and | ||||||
5 | (xvii) He or she is not a person with a | ||||||
6 | developmental disability; and | ||||||
7 | (3) Upon request by the Department of State Police, | ||||||
8 | sign a release on a
form prescribed by the Department of | ||||||
9 | State Police waiving any right to
confidentiality and | ||||||
10 | requesting the disclosure to the Department of State | ||||||
11 | Police
of limited mental health institution admission | ||||||
12 | information from another state,
the District of Columbia, | ||||||
13 | any other territory of the United States, or a
foreign | ||||||
14 | nation concerning the applicant for the sole purpose of | ||||||
15 | determining
whether the applicant is or was a patient in a | ||||||
16 | mental health institution and
disqualified because of that | ||||||
17 | status from receiving a Firearm Owner's
Identification | ||||||
18 | Card. No mental health care or treatment records may be
| ||||||
19 | requested. The information received shall be destroyed | ||||||
20 | within one year of
receipt.
| ||||||
21 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
22 | Card who is over
the age of 18 shall furnish to the Department | ||||||
23 | of State Police either his or
her Illinois driver's license | ||||||
24 | number or Illinois Identification Card number, except as
| ||||||
25 | provided in subsection (a-10).
| ||||||
26 | (a-10) Each applicant for a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card,
who is employed as a law enforcement officer, an armed | ||||||
2 | security officer in Illinois, or by the United States Military
| ||||||
3 | permanently assigned in Illinois and who is not an Illinois | ||||||
4 | resident, shall furnish to
the Department of State Police his | ||||||
5 | or her driver's license number or state
identification card | ||||||
6 | number from his or her state of residence. The Department
of | ||||||
7 | State Police may adopt rules to enforce the provisions of this
| ||||||
8 | subsection (a-10).
| ||||||
9 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
10 | Identification Card moves from the residence address named in | ||||||
11 | the application, he or she shall immediately notify in a form | ||||||
12 | and manner prescribed by the Department of State Police of | ||||||
13 | that change of address. | ||||||
14 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
15 | Card shall furnish to the Department of State Police his or her | ||||||
16 | photograph. An applicant who is 21 years of age or older | ||||||
17 | seeking a religious exemption to the photograph requirement | ||||||
18 | must furnish with the application an approved copy of United | ||||||
19 | States Department of the Treasury Internal Revenue Service | ||||||
20 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
21 | age seeking a religious exemption to the photograph | ||||||
22 | requirement shall submit fingerprints on a form and manner | ||||||
23 | prescribed by the Department with his or her application. | ||||||
24 | (a-25) Each applicant for the issuance of a Firearm | ||||||
25 | Owner's Identification Card may include a full set of his or | ||||||
26 | her fingerprints in electronic format to the Illinois State |
| |||||||
| |||||||
1 | Police, unless the applicant has previously provided a full | ||||||
2 | set of his or her fingerprints to the Illinois State Police | ||||||
3 | under this Act or the Firearm Concealed Carry Act. | ||||||
4 | The fingerprints must be transmitted through a live scan | ||||||
5 | fingerprint vendor licensed by the Department of Financial and | ||||||
6 | Professional Regulation. The fingerprints shall be checked | ||||||
7 | against the fingerprint records now and hereafter filed in the | ||||||
8 | Illinois State Police and Federal Bureau of Investigation | ||||||
9 | criminal history records databases, including all available | ||||||
10 | State and local criminal history record information files. | ||||||
11 | The Illinois State Police shall charge applicants a | ||||||
12 | one-time fee for conducting the criminal history record check, | ||||||
13 | which shall be deposited into the State Police Services Fund | ||||||
14 | and shall not exceed the actual cost of the State and national | ||||||
15 | criminal history record check. | ||||||
16 | (a-26) The Illinois State Police shall research, explore, | ||||||
17 | and report to the General Assembly by January 1, 2022 on the | ||||||
18 | feasibility of permitting voluntarily submitted fingerprints | ||||||
19 | obtained for purposes other than Firearm Owner's | ||||||
20 | Identification Card enforcement that are contained in the | ||||||
21 | Illinois State Police database for purposes of this Act. | ||||||
22 | (b) Each application form shall include the following | ||||||
23 | statement printed in
bold type: "Warning: Entering false | ||||||
24 | information on an application for a Firearm
Owner's | ||||||
25 | Identification Card is punishable as a Class 2 felony in | ||||||
26 | accordance
with subsection (d-5) of Section 14 of the Firearm |
| |||||||
| |||||||
1 | Owners Identification Card
Act.".
| ||||||
2 | (c) Upon such written consent, pursuant to Section 4, | ||||||
3 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
4 | consent shall be liable for any
damages resulting from the | ||||||
5 | applicant's use of firearms or firearm ammunition.
| ||||||
6 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
7 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
8 | Sec. 5. Application and renewal. | ||||||
9 | (a) The Department of State Police shall either approve or
| ||||||
10 | deny all applications within 30 days from the date they are | ||||||
11 | received,
except as provided in subsections (b) and (c) | ||||||
12 | subsection (b) of this Section , and every applicant found | ||||||
13 | qualified under Section 8 of this Act by
the Department shall | ||||||
14 | be entitled to a Firearm Owner's Identification
Card upon the | ||||||
15 | payment of a $10 fee and applicable processing fees. The | ||||||
16 | processing fees shall be limited to charges by the State | ||||||
17 | Treasurer for using the electronic online payment system . Any | ||||||
18 | applicant who is an active duty member of the Armed Forces of | ||||||
19 | the United States, a member of the Illinois National Guard, or | ||||||
20 | a member of the Reserve Forces of the United States is exempt | ||||||
21 | from the application fee. $5 of each fee derived from the | ||||||
22 | issuance of a Firearm Owner's Identification Card or renewals, | ||||||
23 | thereof, shall be deposited in the State Police Firearm | ||||||
24 | Services Fund and $5 into the State Police Revocation | ||||||
25 | Enforcement Fund $6 of each fee derived from the
issuance of |
| |||||||
| |||||||
1 | Firearm Owner's Identification Cards, or renewals thereof,
| ||||||
2 | shall be deposited in the Wildlife and Fish Fund in the State | ||||||
3 | Treasury;
$1 of the fee shall be deposited in the State Police | ||||||
4 | Services Fund and $3 of the fee shall be deposited in the
State | ||||||
5 | Police Firearm Services Fund . | ||||||
6 | (b) Renewal applications shall be approved or denied | ||||||
7 | within 60 business days, provided the applicant submitted his | ||||||
8 | or her renewal application prior to the expiration of his or | ||||||
9 | her Firearm Owner's Identification Card. If a renewal | ||||||
10 | application has been submitted prior to the expiration date of | ||||||
11 | the applicant's Firearm Owner's Identification Card, the | ||||||
12 | Firearm Owner's Identification Card shall remain valid while | ||||||
13 | the Department processes the application, unless the person is | ||||||
14 | subject to or becomes subject to revocation under this Act. | ||||||
15 | The cost for a renewal application shall be $10 of which $5 of | ||||||
16 | each fee derived from the issuance of a Firearm Owner's | ||||||
17 | Identification Card or renewals, thereof, shall be deposited | ||||||
18 | in the State Police Firearm Services Fund and $5 into the State | ||||||
19 | Police Revocation Enforcement Fund shall be deposited into the | ||||||
20 | State Police Firearm Services Fund . | ||||||
21 | (c) If the Firearm Owner's Identification Card of a | ||||||
22 | licensee under the Firearm Concealed Carry Act expires during | ||||||
23 | the term of the licensee's concealed carry license, the | ||||||
24 | Firearm Owner's Identification Card and the license remain | ||||||
25 | valid and the licensee does not have to renew his or her | ||||||
26 | Firearm Owner's Identification Card during the duration of the |
| |||||||
| |||||||
1 | concealed carry license. Unless the Illinois State Police has | ||||||
2 | reason to believe the licensee is no longer eligible for the | ||||||
3 | card, the Illinois State Police may automatically renew the | ||||||
4 | licensee's Firearm Owner's Identification Card and send a | ||||||
5 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
6 | (d) The Illinois State Police may adopt rules concerning | ||||||
7 | the use of voluntarily submitted fingerprints, as allowed by | ||||||
8 | State and federal law.
| ||||||
9 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
10 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
11 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
12 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
13 | Department of
State Police at such places as the Director of | ||||||
14 | the
Department shall
specify, shall contain the applicant's | ||||||
15 | name, residence, date of birth, sex,
physical description, | ||||||
16 | recent photograph, except as provided in subsection (c-5), and | ||||||
17 | signature. Each Firearm Owner's
Identification Card must have | ||||||
18 | the Firearm Owner's Identification Card number expiration date | ||||||
19 | boldly and conspicuously
displayed on the face of the card. | ||||||
20 | Each Firearm Owner's
Identification Card must have printed on | ||||||
21 | it the following: "CAUTION - This
card does not permit bearer | ||||||
22 | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
| ||||||
23 | the Department may use a person's digital photograph and | ||||||
24 | signature from his or
her
Illinois driver's license or | ||||||
25 | Illinois Identification Card, if available. On
and after |
| |||||||
| |||||||
1 | December 1, 2002,
the Department shall use a person's digital | ||||||
2 | photograph and signature from his
or her
Illinois driver's | ||||||
3 | license or Illinois Identification Card, if available. The
| ||||||
4 | Department shall decline to use a person's digital photograph | ||||||
5 | or signature if
the digital photograph or signature is the | ||||||
6 | result of or associated with
fraudulent or erroneous data, | ||||||
7 | unless otherwise provided by law.
| ||||||
8 | (b) A person applying for a Firearm Owner's Identification | ||||||
9 | Card shall
consent
to the Department of State Police using the | ||||||
10 | applicant's digital driver's
license
or Illinois | ||||||
11 | Identification Card photograph, if available, and signature on | ||||||
12 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
13 | Secretary
of State shall allow the Department of State Police | ||||||
14 | access to the photograph
and signature for the purpose of | ||||||
15 | identifying the applicant and issuing to the
applicant a
| ||||||
16 | Firearm Owner's Identification Card.
| ||||||
17 | (c) The Secretary of State shall conduct a study to | ||||||
18 | determine the cost
and
feasibility of creating a method of | ||||||
19 | adding an identifiable code, background, or
other means on the | ||||||
20 | driver's license or Illinois Identification Card to show
that
| ||||||
21 | an individual is not disqualified from owning or possessing a | ||||||
22 | firearm under
State or federal law. The Secretary shall report | ||||||
23 | the findings of this study
12 months after the effective date | ||||||
24 | of this amendatory Act of the 92nd General
Assembly.
| ||||||
25 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
26 | lieu of a photograph, the Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | shall contain a copy of the card holder's fingerprints. Each | ||||||
2 | Firearm Owner's Identification Card described in this | ||||||
3 | subsection (c-5) must have printed on it the following: "This | ||||||
4 | card is only valid for firearm purchases through a federally | ||||||
5 | licensed firearms dealer when presented with photographic | ||||||
6 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
7 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
8 | (430 ILCS 65/6.2 new) | ||||||
9 | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||||||
10 | The Illinois State Police may develop a system under which the | ||||||
11 | holder of a Firearm Owner's Identification Card may display an | ||||||
12 | electronic version of his or her Firearm Owner's | ||||||
13 | Identification Card on a mobile telephone or other portable | ||||||
14 | electronic device. An electronic version of a Firearm Owner's | ||||||
15 | Identification Card shall contain security features the | ||||||
16 | Illinois State Police determines to be necessary to ensure | ||||||
17 | that the electronic version is accurate and current and shall | ||||||
18 | satisfy other requirements the Illinois State Police | ||||||
19 | determines to be necessary regarding form and content. The | ||||||
20 | display or possession of an electronic version of a valid | ||||||
21 | Firearm Owner's Identification Card in accordance with the | ||||||
22 | requirements of the Illinois State Police satisfies all | ||||||
23 | requirements for the display or possession of a valid Firearm | ||||||
24 | Owner's Identification Card under the laws of this State. The | ||||||
25 | possession or display of an electronic Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card on a mobile telephone or other portable | ||||||
2 | electronic device does not constitute consent for a law | ||||||
3 | enforcement officer, court, or other officer of the court to | ||||||
4 | access other contents of the mobile telephone or other | ||||||
5 | portable electronic device. The Illinois State Police may | ||||||
6 | adopt rules to implement this Section.
| ||||||
7 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
8 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
9 | (a) Except as provided in Section 8 of this Act or | ||||||
10 | elsewhere in subsection (b) of this Section, a Firearm Owner's
| ||||||
11 | Identification Card issued under the provisions of this Act | ||||||
12 | shall be valid
for the person to whom it is issued for a period | ||||||
13 | of 10 years from the date
of issuance. Unless the person no | ||||||
14 | longer meets the requirements or becomes subject to suspension | ||||||
15 | or revocation under this Act, a card issued pursuant to an | ||||||
16 | application made as provided in subsection (a-25) of Section 4 | ||||||
17 | shall remain valid if the person meets the requirements of | ||||||
18 | subsection (b-5) of Section 3.1. | ||||||
19 | (b) If a renewal application is submitted to the | ||||||
20 | Department before the expiration date of the applicant's | ||||||
21 | current Firearm Owner's Identification Card, the Firearm | ||||||
22 | Owner's Identification Card shall remain valid for a period of | ||||||
23 | 60 business days , unless the person is subject to or becomes | ||||||
24 | subject to revocation under this Act. Unless the person no | ||||||
25 | longer meets the requirements or becomes subject to suspension |
| |||||||
| |||||||
1 | or revocation under this Act, a card issued pursuant to a | ||||||
2 | renewal application made as provided in subsection (a-25) of | ||||||
3 | Section 4 shall remain valid if the person meets the | ||||||
4 | implementation requirements of Section 3.1.
| ||||||
5 | (c) If the Firearm Owner's Identification Card of a | ||||||
6 | licensee under the Firearm Concealed Carry Act expires during | ||||||
7 | the term of the licensee's concealed carry license, the | ||||||
8 | Firearm Owner's Identification Card and the license remain | ||||||
9 | valid during the validity of the concealed carry license and | ||||||
10 | the licensee does not have to renew his or her Firearm Owner's | ||||||
11 | Identification Card, if the Firearm Owner's Identification | ||||||
12 | Card has not been otherwise renewed as provided in this Act. | ||||||
13 | Unless the Illinois State Police has reason to believe the | ||||||
14 | licensee is no longer eligible for the card, the Illinois | ||||||
15 | State Police may automatically renew the licensee's Firearm | ||||||
16 | Owner's Identification Card and send a renewed Firearm Owner's | ||||||
17 | Identification Card to the licensee. | ||||||
18 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
19 | (430 ILCS 65/7.5 new) | ||||||
20 | Sec. 7.5. Email notifications. A person subject to this | ||||||
21 | Act
may notify the Illinois State Police upon application or | ||||||
22 | at any time
thereafter that he or she would like to receive | ||||||
23 | correspondence
from the Department via email rather than by | ||||||
24 | mail. A person subject to this Act
may notify the Illinois | ||||||
25 | State Police upon application or at any time
thereafter that |
| |||||||
| |||||||
1 | he or she would like to receive correspondence
from the | ||||||
2 | Illinois State Police via email rather than by mail. | ||||||
3 | (430 ILCS 65/8.2) | ||||||
4 | Sec. 8.2. Firearm Owner's Identification Card denial , | ||||||
5 | suspension, or revocation. The Department of State Police | ||||||
6 | shall deny an application or shall suspend or revoke and seize | ||||||
7 | a Firearm Owner's Identification Card previously issued under | ||||||
8 | this Act if the Department finds that the applicant or person | ||||||
9 | to whom such card was issued is or was at the time of issuance | ||||||
10 | subject to a protective order an existing order of protection , | ||||||
11 | or firearms restraining order , stalking no contact order, or | ||||||
12 | civil no contact order. When the duration of the protective | ||||||
13 | order is expected to be less than one year, the Illinois State | ||||||
14 | Police shall suspend the Firearm Owner's Identification Card | ||||||
15 | pursuant to Section 8.3 of this Act and shall reinstate it upon | ||||||
16 | conclusion of the suspension if no other grounds for denial or | ||||||
17 | revocation are found pursuant to Section 8 .
| ||||||
18 | (Source: P.A. 100-607, eff. 1-1-19 .) | ||||||
19 | (430 ILCS 65/8.3) | ||||||
20 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
21 | Card. The Department of State Police may suspend , by rule in a | ||||||
22 | manner consistent with the Department's rules concerning | ||||||
23 | revocation, provide for the suspension of the Firearm Owner's | ||||||
24 | Identification Card of a person whose Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card is subject to revocation and seizure under | ||||||
2 | this Act for the duration of the disqualification if the | ||||||
3 | disqualification is not a permanent grounds for revocation of | ||||||
4 | a Firearm Owner's Identification Card under this Act. The | ||||||
5 | Illinois State Police may adopt rules necessary to implement | ||||||
6 | this Section.
| ||||||
7 | (Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19 .) | ||||||
8 | (430 ILCS 65/8.4 new) | ||||||
9 | Sec. 8.4. Cancellation of Firearm Owner's Identification
| ||||||
10 | Card. The Illinois State Police may cancel a Firearm
Owner's | ||||||
11 | Identification Card if a person is not prohibited by
State or | ||||||
12 | federal law from acquiring or possessing a firearm or
firearm | ||||||
13 | ammunition and the sole purpose is for an
administrative | ||||||
14 | reason. This includes, at
the request of the Firearm Owner's | ||||||
15 | Identification Card holder,
a person who surrenders his or her | ||||||
16 | Illinois driver's license or
Illinois Identification Card to | ||||||
17 | another jurisdiction, or a
person's Firearm Owner's | ||||||
18 | Identification Card is reported as
lost, stolen, or destroyed. | ||||||
19 | The Illinois State Police may adopt rules
necessary to | ||||||
20 | implement this Section. | ||||||
21 | (430 ILCS 65/9.5) | ||||||
22 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
23 | Card. | ||||||
24 | (a) A person who receives a revocation notice under |
| |||||||
| |||||||
1 | Section 9 of this Act shall, within 48 hours of receiving | ||||||
2 | notice of the revocation: | ||||||
3 | (1) surrender his or her Firearm Owner's | ||||||
4 | Identification Card to the local law enforcement agency | ||||||
5 | where the person resides or . The local law enforcement | ||||||
6 | agency shall provide the person a receipt and transmit the | ||||||
7 | Firearm Owner's Identification Card to the Department of | ||||||
8 | State Police; and | ||||||
9 | (2) complete a Firearm Disposition Record on a form | ||||||
10 | prescribed by the Department of State Police and place his | ||||||
11 | or her firearms in the location or with the person | ||||||
12 | reported in the Firearm Disposition Record. The form shall | ||||||
13 | require the person to disclose: | ||||||
14 | (A) the make, model, and serial number of each | ||||||
15 | firearm owned by or under the custody and control of | ||||||
16 | the revoked person; | ||||||
17 | (B) the location where each firearm will be | ||||||
18 | maintained during the prohibited term; and | ||||||
19 | (C) if any firearm will be transferred to the | ||||||
20 | custody of another person, the name, address and | ||||||
21 | Firearm Owner's Identification Card number of the | ||||||
22 | transferee ; and . | ||||||
23 | (D) to whom his or her Firearm Owner's | ||||||
24 | Identification Card was surrendered. | ||||||
25 | Once completed, the person shall retain a copy and | ||||||
26 | provide a copy of the Firearm Disposition Record to the |
| |||||||
| |||||||
1 | Illinois State Police. | ||||||
2 | (b) Surrendered Firearm Owner's Identification Cards shall | ||||||
3 | be destroyed by the law enforcement agency receiving the | ||||||
4 | cards. The local law enforcement agency shall provide a copy | ||||||
5 | of the Firearm Disposition Record to the person whose Firearm | ||||||
6 | Owner's Identification Card has been revoked and to the | ||||||
7 | Department of State Police. | ||||||
8 | (b-5) If a court orders the surrender of a Firearms | ||||||
9 | Owner's Identification Card and accepts receipt of the Card, | ||||||
10 | the court shall destroy the Card and direct the person whose | ||||||
11 | Firearm Owner's Identification Card has been surrendered to | ||||||
12 | comply with paragraph (2) of subsection (a). | ||||||
13 | (b-10) If the person whose Firearm Owner's Identification | ||||||
14 | Card has been revoked has either lost or destroyed the Card, | ||||||
15 | the person must still comply with paragraph (2) of subsection | ||||||
16 | (a). | ||||||
17 | (b-15) A notation shall be made in the portal created | ||||||
18 | under Section 2605-304 of the Department of State Police Law | ||||||
19 | of the Civil Administrative Code of Illinois that the revoked | ||||||
20 | Firearm Owner's Identification Card has been destroyed. | ||||||
21 | (c) If the person whose Firearm Owner's Identification | ||||||
22 | Card has been revoked fails to comply with the requirements of | ||||||
23 | this Section, the sheriff or law enforcement agency where the | ||||||
24 | person resides may petition the circuit court to issue a | ||||||
25 | warrant to search for and seize the Firearm Owner's | ||||||
26 | Identification Card and firearms in the possession or under |
| |||||||
| |||||||
1 | the custody or control of the person whose Firearm Owner's | ||||||
2 | Identification Card has been revoked. | ||||||
3 | (d) A violation of subsection (a) of this Section is a | ||||||
4 | Class A misdemeanor. | ||||||
5 | (e) The observation of a Firearm Owner's Identification | ||||||
6 | Card in the possession of a person whose Firearm Owner's | ||||||
7 | Identification Card has been revoked constitutes a sufficient | ||||||
8 | basis for the arrest of that person for violation of this | ||||||
9 | Section. | ||||||
10 | (f) Within 30 days after the effective date of this | ||||||
11 | amendatory Act of the 98th General Assembly, the Department of | ||||||
12 | State Police shall provide written notice of the requirements | ||||||
13 | of this Section to persons whose Firearm Owner's | ||||||
14 | Identification Cards have been revoked, suspended, or expired | ||||||
15 | and who have failed to surrender their cards to the | ||||||
16 | Department. | ||||||
17 | (g) A person whose Firearm Owner's Identification Card has | ||||||
18 | been revoked and who received notice under subsection (f) | ||||||
19 | shall comply with the requirements of this Section within 48 | ||||||
20 | hours of receiving notice.
| ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
22 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
23 | Sec. 10. Appeals Appeal to director ; hearing; relief from | ||||||
24 | firearm prohibitions. | ||||||
25 | (a) Whenever an application for a Firearm Owner's |
| |||||||
| |||||||
1 | Identification
Card is denied, whenever the Illinois State | ||||||
2 | Police Department fails to act on an application
within 30 | ||||||
3 | days of its receipt, or whenever such a Card is revoked or | ||||||
4 | seized
as provided for in Section 8 of this Act, the aggrieved | ||||||
5 | party may
appeal
to the Firearm Owner's Identification Card | ||||||
6 | Review Board Director of State Police for a hearing upon
such | ||||||
7 | denial, revocation or seizure, unless the denial, revocation, | ||||||
8 | or seizure
was based upon a forcible felony, stalking, | ||||||
9 | aggravated stalking, domestic
battery, any violation of the | ||||||
10 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
11 | Control and Community Protection Act, or the
Cannabis Control | ||||||
12 | Act that is classified as a Class 2 or greater felony,
any
| ||||||
13 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
14 | the Criminal Code of 2012, or any
adjudication as a delinquent | ||||||
15 | minor for the commission of an
offense that if committed by an | ||||||
16 | adult would be a felony, in which case the
aggrieved party may | ||||||
17 | petition the circuit court in writing in the county of
his or | ||||||
18 | her residence for a hearing upon such denial, revocation, or | ||||||
19 | seizure.
| ||||||
20 | (a-5) There is created within the Illinois State Police a | ||||||
21 | Firearm Owner's Identification Card Review Board to consider | ||||||
22 | any appeal under subsection (a), other than an appeal directed | ||||||
23 | to the circuit court. | ||||||
24 | (1) The Board shall consist of 7 members appointed by | ||||||
25 | the Governor, with the advice and consent of the Senate, | ||||||
26 | with 3 members residing within the First Judicial District |
| |||||||
| |||||||
1 | and one member residing within each of the 4 remaining | ||||||
2 | Judicial Districts. No more than 4 members shall be | ||||||
3 | members of the same political party. The Governor shall | ||||||
4 | designate one member as the chairperson. The Board shall | ||||||
5 | consist of: | ||||||
6 | (A) one member with at least 5 years of service as | ||||||
7 | a federal or State judge; | ||||||
8 | (B) two members with at least 5 years of | ||||||
9 | experience serving as an attorney with the United | ||||||
10 | States Department of Justice, or as a State's Attorney | ||||||
11 | or Assistant State's Attorney; | ||||||
12 | (C) three members with at least 5 years of | ||||||
13 | experience as a federal, State, or local law | ||||||
14 | enforcement agent or as an employee with investigative | ||||||
15 | experience or duties related to criminal justice under | ||||||
16 | the United States Department of Justice, Drug | ||||||
17 | Enforcement Administration, Department of Homeland | ||||||
18 | Security, Federal Bureau of Investigation, or a State | ||||||
19 | or local law enforcement agency; and | ||||||
20 | (D) one member with at least 5 years of experience | ||||||
21 | as a licensed physician or clinical psychologist with | ||||||
22 | expertise in the diagnosis and treatment of mental | ||||||
23 | illness. | ||||||
24 | (2) The terms of the members initially appointed after
| ||||||
25 | the effective date of this amendatory Act of the 102nd | ||||||
26 | General Assembly shall be as follows: one of
the initial |
| |||||||
| |||||||
1 | members shall be appointed for a term of one year, 3 shall | ||||||
2 | be
appointed for terms of 2 years, and 3 shall be appointed | ||||||
3 | for terms of 4 years. Thereafter, members shall hold | ||||||
4 | office for 4 years, with terms expiring on the second | ||||||
5 | Monday in January immediately following the expiration of | ||||||
6 | their terms and every 4 years thereafter. Members may be | ||||||
7 | reappointed. Vacancies in the office of member shall be | ||||||
8 | filled in the same manner as the original appointment, for | ||||||
9 | the remainder of the unexpired term. The Governor may | ||||||
10 | remove a member for incompetence, neglect of duty, | ||||||
11 | malfeasance, or inability to serve. Members shall receive | ||||||
12 | compensation in an amount equal to the compensation of | ||||||
13 | members of the Executive Ethics Commission and may be | ||||||
14 | reimbursed, from funds appropriated for such a purpose, | ||||||
15 | for reasonable expenses actually incurred in the | ||||||
16 | performance of their Board duties. The Illinois State | ||||||
17 | Police shall designate an employee to serve as Executive | ||||||
18 | Director of the Board and provide logistical and | ||||||
19 | administrative assistance to the Board. | ||||||
20 | (3) The Board shall meet at least quarterly each year | ||||||
21 | and at the call of the chairperson as often as necessary to | ||||||
22 | consider appeals of decisions made with respect to | ||||||
23 | applications for a Firearm Owner's Identification Card | ||||||
24 | under this Act. If necessary to ensure the participation | ||||||
25 | of a member, the Board shall allow a member to participate | ||||||
26 | in a Board meeting by electronic communication. Any member |
| |||||||
| |||||||
1 | participating electronically shall be deemed present for | ||||||
2 | purposes of establishing a quorum and voting. | ||||||
3 | (4) The Board shall adopt rules for the review of | ||||||
4 | appeals and the conduct of hearings. The Board shall | ||||||
5 | maintain a record of its decisions and all materials | ||||||
6 | considered in making its decisions. All Board decisions | ||||||
7 | and voting records shall be kept confidential and all | ||||||
8 | materials considered by the Board shall be exempt from | ||||||
9 | inspection except upon order of a court. | ||||||
10 | (5) In considering an appeal, the Board shall review | ||||||
11 | the materials received concerning the denial, suspension, | ||||||
12 | or revocation by the Illinois State Police. By a vote of at | ||||||
13 | least 4 members, the Board may request additional | ||||||
14 | information from the Illinois State Police or the | ||||||
15 | applicant or the testimony of the Illinois State Police or | ||||||
16 | the applicant. The Board may require that the applicant | ||||||
17 | submit electronic fingerprints to the Illinois State | ||||||
18 | Police for an updated background check if the Board | ||||||
19 | determines it lacks sufficient information to determine | ||||||
20 | eligibility. The Board may consider information submitted | ||||||
21 | by the Illinois State Police, a law enforcement agency, or | ||||||
22 | the applicant. The Board shall review each denial, | ||||||
23 | suspension, or revocation and determine by a majority of | ||||||
24 | members whether an applicant is eligible for a Firearm | ||||||
25 | Owner's Identification Card. | ||||||
26 | (6) The Board shall issue a decision within 45 |
| |||||||
| |||||||
1 | business days of receiving all completed appeal documents | ||||||
2 | from the Illinois State Police and the applicant. However, | ||||||
3 | the Board need not issue a decision within 45 business | ||||||
4 | days if: | ||||||
5 | (A) the Board requests information from the | ||||||
6 | applicant, including, but not limited to, electronic | ||||||
7 | fingerprints to be submitted to the Illinois State | ||||||
8 | Police, in accordance with paragraph (5) of this | ||||||
9 | subsection, in which case the Board shall make a | ||||||
10 | decision within 30 days of receipt of the required | ||||||
11 | information from the applicant; | ||||||
12 | (B) the applicant agrees, in writing, to allow the | ||||||
13 | Board additional time to consider an appeal; or | ||||||
14 | (C) the Board notifies the applicant and the | ||||||
15 | Illinois State Police that the Board needs an | ||||||
16 | additional 30 days to issue a decision. | ||||||
17 | (7) If the Board determines by a preponderance of the | ||||||
18 | evidence that the applicant fails to meet the eligibility | ||||||
19 | requirements or is a prohibited person under State or | ||||||
20 | federal law, poses a danger to himself or herself or | ||||||
21 | others, or is a threat to public safety, then the Board | ||||||
22 | shall affirm the denial, suspension, or revocation and | ||||||
23 | shall notify the applicant and the Illinois State Police | ||||||
24 | that the applicant is ineligible for a Firearm Owner's | ||||||
25 | Identification Card. If the Board does not determine by a | ||||||
26 | preponderance of the evidence that the applicant fails to |
| |||||||
| |||||||
1 | meet the eligibility requirements or is a prohibited | ||||||
2 | person under State or federal law, poses a danger to | ||||||
3 | himself or herself or others, or is a threat to public | ||||||
4 | safety, then the Board shall notify the applicant and the | ||||||
5 | Illinois State Police that the applicant is eligible for a | ||||||
6 | Firearm Owner's Identification Card. | ||||||
7 | (8) Meetings of the Board shall not be subject to the | ||||||
8 | Open Meetings Act and records of the Board shall not be | ||||||
9 | subject to the Freedom of Information Act. | ||||||
10 | (9) The Board shall report monthly to the Governor and | ||||||
11 | the General Assembly on the number of appeals received and | ||||||
12 | provide details of the circumstances in which the Board | ||||||
13 | has determined to deny Firearm Owner's Identification | ||||||
14 | Cards under this subsection (a-5). The report shall not | ||||||
15 | contain any identifying information about the applicants. | ||||||
16 | (b) At least 30 days before any hearing in the circuit | ||||||
17 | court, the
petitioner shall serve the
relevant State's | ||||||
18 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
19 | object to the petition and present evidence. At the hearing , | ||||||
20 | the court
shall
determine whether substantial justice has been | ||||||
21 | done. Should the court
determine that substantial justice has | ||||||
22 | not been done, the court shall issue an
order directing the | ||||||
23 | Illinois Department of State Police to issue a Card. However, | ||||||
24 | the court shall not issue the order if the petitioner is | ||||||
25 | otherwise prohibited from obtaining, possessing, or using a | ||||||
26 | firearm under
federal law.
|
| |||||||
| |||||||
1 | (c) Any person prohibited from possessing a firearm under | ||||||
2 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
3 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
4 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
5 | Card Review Board Director
of State Police
or petition the | ||||||
6 | circuit court in the county where the petitioner resides,
| ||||||
7 | whichever is applicable in accordance with subsection (a) of | ||||||
8 | this Section,
requesting relief
from such prohibition and the | ||||||
9 | Board Director or court may grant such relief if it
is
| ||||||
10 | established by the applicant to the court's or the Board's | ||||||
11 | Director's satisfaction
that:
| ||||||
12 | (0.05) when in the circuit court, the State's Attorney | ||||||
13 | has been served
with a written
copy of the
petition at | ||||||
14 | least 30 days before any such hearing in the circuit court | ||||||
15 | and at
the hearing the
State's Attorney was afforded an | ||||||
16 | opportunity to present evidence and object to
the | ||||||
17 | petition;
| ||||||
18 | (1) the applicant has not been convicted of a forcible | ||||||
19 | felony under the
laws of this State or any other | ||||||
20 | jurisdiction within 20 years of the
applicant's | ||||||
21 | application for a Firearm Owner's Identification Card, or | ||||||
22 | at
least 20 years have passed since the end of any period | ||||||
23 | of imprisonment
imposed in relation to that conviction;
| ||||||
24 | (2) the circumstances regarding a criminal conviction, | ||||||
25 | where applicable,
the applicant's criminal history and his | ||||||
26 | reputation are such that the applicant
will not be likely |
| |||||||
| |||||||
1 | to act in a manner dangerous to public safety;
| ||||||
2 | (3) granting relief would not be contrary to the | ||||||
3 | public interest; and | ||||||
4 | (4) granting relief would not be contrary to federal | ||||||
5 | law.
| ||||||
6 | (c-5) (1) An active law enforcement officer employed by a | ||||||
7 | unit of government, who is denied, revoked, or has his or her | ||||||
8 | Firearm Owner's Identification Card seized under subsection | ||||||
9 | (e) of Section 8 of this Act may apply to the Firearm Owner's | ||||||
10 | Identification Card Review Board Director of State Police | ||||||
11 | requesting relief if the officer did not act in a manner | ||||||
12 | threatening to the officer, another person, or the public as | ||||||
13 | determined by the treating clinical psychologist or physician, | ||||||
14 | and as a result of his or her work is referred by the employer | ||||||
15 | for or voluntarily seeks mental health evaluation or treatment | ||||||
16 | by a licensed clinical psychologist, psychiatrist, or | ||||||
17 | qualified examiner, and: | ||||||
18 | (A) the officer has not received treatment | ||||||
19 | involuntarily at a mental health facility, regardless of | ||||||
20 | the length of admission; or has not been voluntarily | ||||||
21 | admitted to a mental health facility for more than 30 days | ||||||
22 | and not for more than one incident within the past 5 years; | ||||||
23 | and | ||||||
24 | (B) the officer has not left the mental institution | ||||||
25 | against medical advice. | ||||||
26 | (2) The Firearm Owner's Identification Card Review Board |
| |||||||
| |||||||
1 | Director of State Police shall grant expedited relief to | ||||||
2 | active law enforcement officers described in paragraph (1) of | ||||||
3 | this subsection (c-5) upon a determination by the Board | ||||||
4 | Director that the officer's possession of a firearm does not | ||||||
5 | present a threat to themselves, others, or public safety. The | ||||||
6 | Board Director shall act on the request for relief within 30 | ||||||
7 | business days of receipt of: | ||||||
8 | (A) a notarized statement from the officer in the form | ||||||
9 | prescribed by the Board Director detailing the | ||||||
10 | circumstances that led to the hospitalization; | ||||||
11 | (B) all documentation regarding the admission, | ||||||
12 | evaluation, treatment and discharge from the treating | ||||||
13 | licensed clinical psychologist or psychiatrist of the | ||||||
14 | officer; | ||||||
15 | (C) a psychological fitness for duty evaluation of the | ||||||
16 | person completed after the time of discharge; and | ||||||
17 | (D) written confirmation in the form prescribed by the | ||||||
18 | Board Director from the treating licensed clinical | ||||||
19 | psychologist or psychiatrist that the provisions set forth | ||||||
20 | in paragraph (1) of this subsection (c-5) have been met, | ||||||
21 | the person successfully completed treatment, and their | ||||||
22 | professional opinion regarding the person's ability to | ||||||
23 | possess firearms. | ||||||
24 | (3) Officers eligible for the expedited relief in | ||||||
25 | paragraph (2) of this subsection (c-5) have the burden of | ||||||
26 | proof on eligibility and must provide all information |
| |||||||
| |||||||
1 | required. The Board Director may not consider granting | ||||||
2 | expedited relief until the proof and information is received. | ||||||
3 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
4 | "qualified examiner" shall have the same meaning as provided | ||||||
5 | in Chapter I of the Mental Health and Developmental | ||||||
6 | Disabilities Code. | ||||||
7 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
8 | his or her Firearm Owner's Identification Card seized under | ||||||
9 | subsection (e) of Section 8 of this Act based upon a | ||||||
10 | determination of a developmental disability or an intellectual | ||||||
11 | disability may apply to the Firearm Owner's Identification | ||||||
12 | Card Review Board Director of State Police requesting relief. | ||||||
13 | (2) The Board Director shall act on the request for relief | ||||||
14 | within 60 business days of receipt of written certification, | ||||||
15 | in the form prescribed by the Board Director , from a physician | ||||||
16 | or clinical psychologist, or qualified examiner, that the | ||||||
17 | aggrieved party's developmental disability or intellectual | ||||||
18 | disability condition is determined by a physician, clinical | ||||||
19 | psychologist, or qualified to be mild. If a fact-finding | ||||||
20 | conference is scheduled to obtain additional information | ||||||
21 | concerning the circumstances of the denial or revocation, the | ||||||
22 | 60 business days the Director has to act shall be tolled until | ||||||
23 | the completion of the fact-finding conference. | ||||||
24 | (3) The Board Director may grant relief if the aggrieved | ||||||
25 | party's developmental disability or intellectual disability is | ||||||
26 | mild as determined by a physician, clinical psychologist, or |
| |||||||
| |||||||
1 | qualified examiner and it is established by the applicant to | ||||||
2 | the Board's Director's satisfaction that: | ||||||
3 | (A) granting relief would not be contrary to the | ||||||
4 | public interest; and | ||||||
5 | (B) granting relief would not be contrary to federal | ||||||
6 | law. | ||||||
7 | (4) The Board Director may not grant relief if the | ||||||
8 | condition is determined by a physician, clinical psychologist, | ||||||
9 | or qualified examiner to be moderate, severe, or profound. | ||||||
10 | (5) The changes made to this Section by Public Act 99-29 | ||||||
11 | this amendatory Act of the 99th General Assembly apply to | ||||||
12 | requests for
relief pending on or before July 10, 2015 ( the | ||||||
13 | effective date of Public Act 99-29) this amendatory Act , | ||||||
14 | except that the 60-day period for the Director to act on | ||||||
15 | requests pending before the effective date shall begin
on July | ||||||
16 | 10, 2015 ( the effective date of Public Act 99-29) this | ||||||
17 | amendatory Act . | ||||||
18 | (d) When a minor is adjudicated delinquent for an offense | ||||||
19 | which if
committed by an adult would be a felony, the court | ||||||
20 | shall notify the Illinois Department
of State Police.
| ||||||
21 | (e) The court shall review the denial of an application or | ||||||
22 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
23 | person who has been adjudicated
delinquent for an offense that | ||||||
24 | if
committed by an adult would be a felony if an
application | ||||||
25 | for relief has been filed at least 10 years after the | ||||||
26 | adjudication
of delinquency and the court determines that the |
| |||||||
| |||||||
1 | applicant should be
granted relief from disability to obtain a | ||||||
2 | Firearm Owner's Identification Card.
If the court grants | ||||||
3 | relief, the court shall notify the Illinois Department of | ||||||
4 | State
Police that the disability has
been removed and that the | ||||||
5 | applicant is eligible to obtain a Firearm Owner's
| ||||||
6 | Identification Card.
| ||||||
7 | (f) Any person who is subject to the disabilities of 18 | ||||||
8 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
9 | of 1968 because of an adjudication or commitment that occurred | ||||||
10 | under the laws of this State or who was determined to be | ||||||
11 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
12 | Section 8 of this Act may apply to the Illinois Department of | ||||||
13 | State Police requesting relief from that prohibition. The | ||||||
14 | Board Director shall grant the relief if it is established by a | ||||||
15 | preponderance of the evidence that the person will not be | ||||||
16 | likely to act in a manner dangerous to public safety and that | ||||||
17 | granting relief would not be contrary to the public interest. | ||||||
18 | In making this determination, the Board Director shall receive | ||||||
19 | evidence concerning (i) the circumstances regarding the | ||||||
20 | firearms disabilities from which relief is sought; (ii) the | ||||||
21 | petitioner's mental health and criminal history records, if | ||||||
22 | any; (iii) the petitioner's reputation, developed at a minimum | ||||||
23 | through character witness statements, testimony, or other | ||||||
24 | character evidence; and (iv) changes in the petitioner's | ||||||
25 | condition or circumstances since the disqualifying events | ||||||
26 | relevant to the relief sought. If relief is granted under this |
| |||||||
| |||||||
1 | subsection or by order of a court under this Section, the | ||||||
2 | Director shall as soon as practicable but in no case later than | ||||||
3 | 15 business days, update, correct, modify, or remove the | ||||||
4 | person's record in any database that the Illinois Department | ||||||
5 | of State Police makes available to the National Instant | ||||||
6 | Criminal Background Check System and notify the United States | ||||||
7 | Attorney General that the basis for the record being made | ||||||
8 | available no longer applies. The Illinois Department of State | ||||||
9 | Police shall adopt rules for the administration of this | ||||||
10 | Section. | ||||||
11 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||||||
12 | eff. 7-20-15.)
| ||||||
13 | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
| ||||||
14 | Sec. 11. Judicial review of final administrative | ||||||
15 | decisions. | ||||||
16 | (a) All final administrative decisions of the Firearm | ||||||
17 | Owner's Identification Card Review Board Department under this
| ||||||
18 | Act, except final administrative decisions of the Firearm | ||||||
19 | Owner's Identification Card Review Board Director of State | ||||||
20 | Police to deny a person's application for relief under | ||||||
21 | subsection (f) of Section 10 of this Act, shall be subject to | ||||||
22 | judicial review under the provisions of the Administrative
| ||||||
23 | Review Law, and all amendments and
modifications thereof, and | ||||||
24 | the rules adopted pursuant thereto. The term
"administrative | ||||||
25 | decision" is defined as in Section 3-101 of the Code of
Civil |
| |||||||
| |||||||
1 | Procedure.
| ||||||
2 | (b) Any final administrative decision by the Firearm | ||||||
3 | Owner's Identification Card Review Board Director of State | ||||||
4 | Police to deny a person's application for relief under | ||||||
5 | subsection (f) of Section 10 of this Act is subject to de novo | ||||||
6 | judicial review by the circuit court, and any party may offer | ||||||
7 | evidence that is otherwise proper and admissible without | ||||||
8 | regard to whether that evidence is part of the administrative | ||||||
9 | record. | ||||||
10 | (c) The Firearm Owner's Identification Card Review Board | ||||||
11 | Director of State Police shall submit a report to the General
| ||||||
12 | Assembly on March 1 of each year, beginning March 1, 1991, | ||||||
13 | listing all
final decisions by a court of this State | ||||||
14 | upholding, reversing, or
reversing in part any administrative | ||||||
15 | decision made by the Department of State Police.
| ||||||
16 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
17 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
18 | Sec. 13.2. Renewal; name , photograph, or address change; | ||||||
19 | replacement card. The Department of State Police shall, 60 | ||||||
20 | days
prior to the expiration of a Firearm Owner's | ||||||
21 | Identification Card,
forward by first class mail to each | ||||||
22 | person whose card is to expire a
notification of the
| ||||||
23 | expiration of the card and instructions for renewal.
It is the | ||||||
24 | obligation of the holder of a Firearm Owner's Identification | ||||||
25 | Card
to notify the Department of State Police of any address |
| |||||||
| |||||||
1 | change since the
issuance of
the Firearm Owner's | ||||||
2 | Identification Card. The Illinois State Police may update the | ||||||
3 | applicant and card holders address based upon records in the | ||||||
4 | Secretary of State Driver's License or Illinois Identification | ||||||
5 | Card records of applicants who do not have driver's licenses. | ||||||
6 | Whenever any person moves from the residence address named on | ||||||
7 | his or her card, the person shall within 21 calendar days | ||||||
8 | thereafter notify in a form and manner prescribed by the | ||||||
9 | Department of his or her old and new residence addresses and | ||||||
10 | the card number held by him or her. Any person whose legal name | ||||||
11 | has changed from the name on the card that he or she has been | ||||||
12 | previously issued must apply for a corrected card within 30 | ||||||
13 | calendar days after the change. The cost for an updated or a | ||||||
14 | corrected card shall be $5. The cost for replacement of a card | ||||||
15 | which has been lost, destroyed, or stolen shall be $5 if the | ||||||
16 | loss, destruction, or theft of the card is reported to the | ||||||
17 | Department of State Police. The fees collected under this | ||||||
18 | Section shall be deposited into the State Police Firearm | ||||||
19 | Services Fund.
| ||||||
20 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
21 | (430 ILCS 65/13.4 new) | ||||||
22 | Sec. 13.4. Illinois State Police; rule making authority. | ||||||
23 | The Illinois State Police shall by rule adopt the following | ||||||
24 | procedures: | ||||||
25 | (1) When a person who possesses a valid Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card applies for and is approved for a | ||||||
2 | concealed carry license, the valid Firearm Owner's | ||||||
3 | Identification Card is renewed for 10 years from the time of | ||||||
4 | approval instead of 10 years from the date of the original | ||||||
5 | card. | ||||||
6 | (2) If a person is eligible for both a Firearm Owner's | ||||||
7 | Identification Card and a concealed carry license, the | ||||||
8 | Illinois State Police shall by rule create one card that may be | ||||||
9 | used as both a Firearm Owner's Identification Card and a | ||||||
10 | concealed carry license. A combined Firearm Owner's | ||||||
11 | Identification Card and concealed carry license shall be | ||||||
12 | considered a valid card for the purposes of this Act. The | ||||||
13 | Illinois State Police shall adopt rules to implement this | ||||||
14 | Section. | ||||||
15 | (3) The Illinois State Police may waive the Firearm | ||||||
16 | Owner's Identification Card application fee for the purposes | ||||||
17 | of paragraphs (1) and (2). | ||||||
18 | Section 25. The Firearm Concealed Carry Act is amended by | ||||||
19 | changing Sections 20, 30 and 70 and by adding Sections 10.5 and | ||||||
20 | 10.6 as follows: | ||||||
21 | (430 ILCS 66/10.5 new) | ||||||
22 | Sec. 10.5. Electronic concealed carry licenses. The | ||||||
23 | Illinois State Police may develop a system under which the | ||||||
24 | holder of a concealed carry license may display an electronic |
| |||||||
| |||||||
1 | version of his or her license on a mobile telephone or other | ||||||
2 | portable electronic device. An electronic version of a | ||||||
3 | concealed carry license shall contain security features the | ||||||
4 | Illinois State Police determines to be necessary to ensure | ||||||
5 | that the electronic version is accurate and current and shall | ||||||
6 | satisfy other requirements the Illinois State Police | ||||||
7 | determines to be necessary regarding form and content. The | ||||||
8 | display or possession of an electronic version of a valid | ||||||
9 | concealed carry license in accordance with the requirements of | ||||||
10 | the Illinois State Police satisfies all requirements for the | ||||||
11 | display or possession of a valid concealed carry license under | ||||||
12 | the laws of this State. The possession or display of an | ||||||
13 | electronic concealed carry license on a mobile telephone or | ||||||
14 | other portable electronic device does not constitute consent | ||||||
15 | for a law enforcement officer, court, or other officer of the | ||||||
16 | court to access other contents of the mobile telephone or | ||||||
17 | other portable electronic device. The Illinois State Police | ||||||
18 | may adopt rules to implement this Section. | ||||||
19 | (430 ILCS 66/10.6 new) | ||||||
20 | Sec. 10.6. Email notifications. A person subject to this | ||||||
21 | Act
may notify the Illinois State Police upon application or | ||||||
22 | at any time
thereafter that he or she would like to receive | ||||||
23 | correspondence
from the Illinois State Police via email rather | ||||||
24 | than by mail. |
| |||||||
| |||||||
1 | (430 ILCS 66/20)
| ||||||
2 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
3 | (a) There is hereby created within the Department of State | ||||||
4 | Police a Concealed Carry Licensing Review Board to consider | ||||||
5 | any objection to an applicant's eligibility to obtain a | ||||||
6 | license under this Act submitted by a law enforcement agency | ||||||
7 | or the Department under Section 15 of this Act. The Board shall | ||||||
8 | consist of 7 commissioners to be appointed by the Governor, | ||||||
9 | with the advice and consent of the Senate, with 3 | ||||||
10 | commissioners residing within the First Judicial District and | ||||||
11 | one commissioner residing within each of the 4 remaining | ||||||
12 | Judicial Districts. No more than 4 commissioners shall be | ||||||
13 | members of the same political party. The Governor shall | ||||||
14 | designate one commissioner as the Chairperson. The Board shall | ||||||
15 | consist of: | ||||||
16 | (1) one commissioner with at least 5 years of service | ||||||
17 | as a federal judge; | ||||||
18 | (2) 2 commissioners with at least 5 years of | ||||||
19 | experience serving as an attorney with the United States | ||||||
20 | Department of Justice; | ||||||
21 | (3) 3 commissioners with at least 5 years of | ||||||
22 | experience as a federal agent or employee with | ||||||
23 | investigative experience or duties related to criminal | ||||||
24 | justice under the United States Department of Justice, | ||||||
25 | Drug Enforcement Administration, Department of Homeland | ||||||
26 | Security, or Federal Bureau of Investigation; and |
| |||||||
| |||||||
1 | (4) one member with at least 5 years of experience as a | ||||||
2 | licensed physician or clinical psychologist with expertise | ||||||
3 | in the diagnosis and treatment of mental illness. | ||||||
4 | (b) The initial terms of the commissioners shall end on | ||||||
5 | January 12, 2015. Notwithstanding any provision in this | ||||||
6 | Section to the contrary, the term
of office of each | ||||||
7 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
8 | abolished on
the effective date of this amendatory Act of the | ||||||
9 | 102nd General Assembly. The terms of the commissioners | ||||||
10 | appointed on or after
the effective date of this amendatory | ||||||
11 | Act of the 102nd General Assembly shall be as follows: one of
| ||||||
12 | the initial members shall be appointed for a term of one year, | ||||||
13 | 3 shall be
appointed for terms of 2 years, and 3 shall be | ||||||
14 | appointed for terms of 4 years. Thereafter, the commissioners | ||||||
15 | shall hold office for 4 years, with terms expiring on the | ||||||
16 | second Monday in January of the fourth year. Commissioners may | ||||||
17 | be reappointed. Vacancies in the office of commissioner shall | ||||||
18 | be filled in the same manner as the original appointment, for | ||||||
19 | the remainder of the unexpired term. The Governor may remove a | ||||||
20 | commissioner for incompetence, neglect of duty, malfeasance, | ||||||
21 | or inability to serve. Commissioners shall receive | ||||||
22 | compensation in an amount equal to the compensation of members | ||||||
23 | of the Executive Ethics Commission and may be reimbursed for | ||||||
24 | reasonable expenses actually incurred in the performance of | ||||||
25 | their Board duties, from funds appropriated for that purpose. | ||||||
26 | (c) The Board shall meet at the call of the chairperson as |
| |||||||
| |||||||
1 | often as necessary to consider objections to applications for | ||||||
2 | a license under this Act. If necessary to ensure the | ||||||
3 | participation of a commissioner, the Board shall allow a | ||||||
4 | commissioner to participate in a Board meeting by electronic | ||||||
5 | communication. Any commissioner participating electronically | ||||||
6 | shall be deemed present for purposes of establishing a quorum | ||||||
7 | and voting. | ||||||
8 | (d) The Board shall adopt rules for the review of | ||||||
9 | objections and the conduct of hearings. The Board shall | ||||||
10 | maintain a record of its decisions and all materials | ||||||
11 | considered in making its decisions. All Board decisions and | ||||||
12 | voting records shall be kept confidential and all materials | ||||||
13 | considered by the Board shall be exempt from inspection except | ||||||
14 | upon order of a court. | ||||||
15 | (e) In considering an objection of a law enforcement | ||||||
16 | agency or the Department, the Board shall review the materials | ||||||
17 | received with the objection from the law enforcement agency or | ||||||
18 | the Department. By a vote of at least 4 commissioners, the | ||||||
19 | Board may request additional information from the law | ||||||
20 | enforcement agency, Department, or the applicant, or the | ||||||
21 | testimony of the law enforcement agency, Department, or the | ||||||
22 | applicant. The Board may require that the applicant submit | ||||||
23 | electronic fingerprints to the Department for an updated | ||||||
24 | background check where the Board determines it lacks | ||||||
25 | sufficient information to determine eligibility. The Board may | ||||||
26 | only consider information submitted by the Department, a law |
| |||||||
| |||||||
1 | enforcement agency, or the applicant. The Board shall review | ||||||
2 | each objection and determine by a majority of commissioners | ||||||
3 | whether an applicant is eligible for a license. | ||||||
4 | (f) The Board shall issue a decision within 30 days of | ||||||
5 | receipt of the objection from the Department. However, the | ||||||
6 | Board need not issue a decision within 30 days if: | ||||||
7 | (1) the Board requests information from the applicant, | ||||||
8 | including but not limited to electronic fingerprints to be | ||||||
9 | submitted to the Department, in accordance with subsection | ||||||
10 | (e) of this Section, in which case the Board shall make a | ||||||
11 | decision within 30 days of receipt of the required | ||||||
12 | information from the applicant; | ||||||
13 | (2) the applicant agrees, in writing, to allow the | ||||||
14 | Board additional time to consider an objection; or | ||||||
15 | (3) the Board notifies the applicant and the | ||||||
16 | Department that the Board needs an additional 30 days to | ||||||
17 | issue a decision. | ||||||
18 | (g) If the Board determines by a preponderance of the | ||||||
19 | evidence that the applicant poses a danger to himself or | ||||||
20 | herself or others, or is a threat to public safety, then the | ||||||
21 | Board shall affirm the objection of the law enforcement agency | ||||||
22 | or the Department and shall notify the Department that the | ||||||
23 | applicant is ineligible for a license. If the Board does not | ||||||
24 | determine by a preponderance of the evidence that the | ||||||
25 | applicant poses a danger to himself or herself or others, or is | ||||||
26 | a threat to public safety, then the Board shall notify the |
| |||||||
| |||||||
1 | Department that the applicant is eligible for a license. | ||||||
2 | (h) Meetings of the Board shall not be subject to the Open | ||||||
3 | Meetings Act and records of the Board shall not be subject to | ||||||
4 | the Freedom of Information Act. | ||||||
5 | (i) The Board shall report monthly to the Governor and the | ||||||
6 | General Assembly on the number of objections received and | ||||||
7 | provide details of the circumstances in which the Board has | ||||||
8 | determined to deny licensure based on law enforcement or | ||||||
9 | Department objections under Section 15 of this Act. The report | ||||||
10 | shall not contain any identifying information about the | ||||||
11 | applicants.
| ||||||
12 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
13 | (430 ILCS 66/30)
| ||||||
14 | Sec. 30. Contents of license application. | ||||||
15 | (a) The license application shall be in writing, under | ||||||
16 | penalty of perjury, on a standard form adopted by the | ||||||
17 | Department and shall be accompanied by the documentation | ||||||
18 | required in this Section and the applicable fee. Each | ||||||
19 | application form shall include the following statement printed | ||||||
20 | in bold type: "Warning: Entering false information on this | ||||||
21 | form is punishable as perjury under Section 32-2 of the | ||||||
22 | Criminal Code of 2012." | ||||||
23 | (b) The application shall contain the following: | ||||||
24 | (1) the applicant's name, current address, date and | ||||||
25 | year of birth, place of birth, height, weight, hair color, |
| |||||||
| |||||||
1 | eye color, maiden name or any other name the applicant has | ||||||
2 | used or identified with, and any address where the | ||||||
3 | applicant resided for more than 30 days within the 10 | ||||||
4 | years preceding the date of the license application; | ||||||
5 | (2) the applicant's valid driver's license number or | ||||||
6 | valid state identification card number; | ||||||
7 | (3) a waiver of the applicant's privacy and | ||||||
8 | confidentiality rights and privileges under all federal | ||||||
9 | and state laws, including those limiting access to | ||||||
10 | juvenile court, criminal justice, psychological, or | ||||||
11 | psychiatric records or records relating to any | ||||||
12 | institutionalization of the applicant, and an affirmative | ||||||
13 | request that a person having custody of any of these | ||||||
14 | records provide it or information concerning it to the | ||||||
15 | Department. The waiver only applies to records sought in | ||||||
16 | connection with determining whether the applicant | ||||||
17 | qualifies for a license to carry a concealed firearm under | ||||||
18 | this Act, or whether the applicant remains in compliance | ||||||
19 | with the Firearm Owners Identification Card Act; | ||||||
20 | (4) an affirmation that the applicant possesses a | ||||||
21 | currently valid Firearm Owner's Identification Card and | ||||||
22 | card number if possessed or notice the applicant is | ||||||
23 | applying for a Firearm Owner's Identification Card in | ||||||
24 | conjunction with the license application; | ||||||
25 | (5) an affirmation that the applicant has not been | ||||||
26 | convicted or found guilty of: |
| |||||||
| |||||||
1 | (A) a felony; | ||||||
2 | (B) a misdemeanor involving the use or threat of | ||||||
3 | physical force or violence to any person within the 5 | ||||||
4 | years preceding the date of the application; or | ||||||
5 | (C) 2 or more violations related to driving while | ||||||
6 | under the influence of alcohol, other drug or drugs, | ||||||
7 | intoxicating compound or compounds, or any combination | ||||||
8 | thereof, within the 5 years preceding the date of the | ||||||
9 | license application; and | ||||||
10 | (6) whether the applicant has failed a drug test for a | ||||||
11 | drug for which the applicant did not have a prescription, | ||||||
12 | within the previous year, and if so, the provider of the | ||||||
13 | test, the specific substance involved, and the date of the | ||||||
14 | test; | ||||||
15 | (7) written consent for the Department to review and | ||||||
16 | use the applicant's Illinois digital driver's license or | ||||||
17 | Illinois identification card photograph and signature; | ||||||
18 | (8) unless submitted under subsection (a-25) of | ||||||
19 | Section 4 of the Firearm Owner's Identification Card Act, | ||||||
20 | a full set of fingerprints submitted to the Department in | ||||||
21 | electronic format, provided the Department may accept an | ||||||
22 | application submitted without a set of fingerprints in | ||||||
23 | which case the Department shall be granted 30 days in | ||||||
24 | addition to the 90 days provided under subsection (e) of | ||||||
25 | Section 10 of this Act to issue or deny a license; | ||||||
26 | (9) a head and shoulder color photograph in a size |
| |||||||
| |||||||
1 | specified by the Department taken within the 30 days | ||||||
2 | preceding the date of the license application; and | ||||||
3 | (10) a photocopy of any certificates or other evidence | ||||||
4 | of compliance with the training requirements under this | ||||||
5 | Act.
| ||||||
6 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
7 | (430 ILCS 66/70) | ||||||
8 | Sec. 70. Violations. | ||||||
9 | (a) A license issued or renewed under this Act shall be | ||||||
10 | revoked if, at any time, the licensee is found to be ineligible | ||||||
11 | for a license under this Act or the licensee no longer meets | ||||||
12 | the eligibility requirements of the Firearm Owners | ||||||
13 | Identification Card Act. | ||||||
14 | (b) A license shall be suspended if an order of | ||||||
15 | protection, including an emergency order of protection, | ||||||
16 | plenary order of protection, or interim order of protection | ||||||
17 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
18 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
19 | firearms restraining order, including an emergency firearms | ||||||
20 | restraining order, under the Firearms Restraining Order Act, | ||||||
21 | is issued against a licensee for the duration of the order, or | ||||||
22 | if the Department is made aware of a similar order issued | ||||||
23 | against the licensee in any other jurisdiction. If an order of | ||||||
24 | protection is issued against a licensee, the licensee shall | ||||||
25 | surrender the license, as applicable, to the court at the time |
| |||||||
| |||||||
1 | the order is entered or to the law enforcement agency or entity | ||||||
2 | serving process at the time the licensee is served the order. | ||||||
3 | The court, law enforcement agency, or entity responsible for | ||||||
4 | serving the order of protection shall notify the Department | ||||||
5 | within 7 days and transmit the license to the Department. | ||||||
6 | (c) A license is invalid upon expiration of the license, | ||||||
7 | unless the licensee has submitted an application to renew the | ||||||
8 | license, and the applicant is otherwise eligible to possess a | ||||||
9 | license under this Act. | ||||||
10 | (d) A licensee shall not carry a concealed firearm while | ||||||
11 | under the influence of alcohol, other drug or drugs, | ||||||
12 | intoxicating compound or combination of compounds, or any | ||||||
13 | combination thereof, under the standards set forth in | ||||||
14 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
15 | A licensee in violation of this subsection (d) shall be | ||||||
16 | guilty of a Class A misdemeanor for a first or second violation | ||||||
17 | and a Class 4 felony for a third violation. The Department may | ||||||
18 | suspend a license for up to 6 months for a second violation and | ||||||
19 | shall permanently revoke a license for a third violation. | ||||||
20 | (e) Except as otherwise provided, a licensee in violation | ||||||
21 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
22 | or subsequent violation is a Class A misdemeanor. The | ||||||
23 | Department may suspend a license for up to 6 months for a | ||||||
24 | second violation and shall permanently revoke a license for 3 | ||||||
25 | or more violations of Section 65 of this Act. Any person | ||||||
26 | convicted of a violation under this Section shall pay a $150 |
| |||||||
| |||||||
1 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
2 | plus any applicable court costs or fees. | ||||||
3 | (f) A licensee convicted or found guilty of a violation of | ||||||
4 | this Act who has a valid license and is otherwise eligible to | ||||||
5 | carry a concealed firearm shall only be subject to the | ||||||
6 | penalties under this Section and shall not be subject to the | ||||||
7 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
8 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
9 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
10 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
11 | subsection, nothing in this subsection prohibits the licensee | ||||||
12 | from being subjected to penalties for violations other than | ||||||
13 | those specified in this Act. | ||||||
14 | (g) A licensee whose license is revoked, suspended, or | ||||||
15 | denied shall, within 48 hours of receiving notice of the | ||||||
16 | revocation, suspension, or denial, surrender his or her | ||||||
17 | concealed carry license to the local law enforcement agency | ||||||
18 | where the person resides. The local law enforcement agency | ||||||
19 | shall provide the licensee a receipt and transmit the | ||||||
20 | concealed carry license to the Department of State Police. If | ||||||
21 | the licensee whose concealed carry license has been revoked, | ||||||
22 | suspended, or denied fails to comply with the requirements of | ||||||
23 | this subsection, the law enforcement agency where the person | ||||||
24 | resides may petition the circuit court to issue a warrant to | ||||||
25 | search for and seize the concealed carry license in the | ||||||
26 | possession and under the custody or control of the licensee |
| |||||||
| |||||||
1 | whose concealed carry license has been revoked, suspended, or | ||||||
2 | denied. The observation of a concealed carry license in the | ||||||
3 | possession of a person whose license has been revoked, | ||||||
4 | suspended, or denied constitutes a sufficient basis for the | ||||||
5 | arrest of that person for violation of this subsection. A | ||||||
6 | violation of this subsection is a Class A misdemeanor. | ||||||
7 | (h) Except as otherwise provided in subsection (h-5), a A | ||||||
8 | license issued or renewed under this Act shall be revoked if, | ||||||
9 | at any time, the licensee is found ineligible for a Firearm | ||||||
10 | Owner's Identification Card, or the licensee no longer | ||||||
11 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
12 | Firearm Owner's Identification Card is expired or suspended | ||||||
13 | rather than denied or revoked, the license may be suspended | ||||||
14 | for a period of up to one year to allow the licensee to | ||||||
15 | reinstate his or her Firearm Owner's Identification Card. The | ||||||
16 | Illinois State Police shall adopt rules to enforce this | ||||||
17 | subsection. A licensee whose license is revoked under this | ||||||
18 | subsection (h) shall surrender his or her concealed carry | ||||||
19 | license as provided for in subsection (g) of this Section. | ||||||
20 | This subsection shall not apply to a person who has filed | ||||||
21 | an application with the State Police for renewal of a Firearm
| ||||||
22 | Owner's Identification Card and who is not otherwise | ||||||
23 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
24 | (h-5) If the Firearm Owner's Identification Card of a
| ||||||
25 | licensee under this Act expires during the term of the license
| ||||||
26 | issued under this Act, the license and the Firearm Owner's
|
| |||||||
| |||||||
1 | Identification Card remain valid, and the Illinois State | ||||||
2 | Police
may automatically renew the licensee's Firearm Owner's
| ||||||
3 | Identification Card as provided in subsection (c) of Section 5
| ||||||
4 | of the Firearm Owners Identification Card Act. | ||||||
5 | (i) A certified firearms instructor who knowingly provides | ||||||
6 | or offers to provide a false certification that an applicant | ||||||
7 | has completed firearms training as required under this Act is | ||||||
8 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
9 | of this subsection (i) is not eligible for court supervision. | ||||||
10 | The Department shall permanently revoke the firearms | ||||||
11 | instructor certification of a person convicted under this | ||||||
12 | subsection (i). | ||||||
13 | (Source: P.A. 100-607, eff. 1-1-19 .) | ||||||
14 | Section 26. The Firearms Restraining Order Act is amended | ||||||
15 | by changing Sections 35 and 40 as follows: | ||||||
16 | (430 ILCS 67/35)
| ||||||
17 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
18 | (a) A petitioner may request an emergency firearms | ||||||
19 | restraining order by filing an affidavit or verified pleading | ||||||
20 | alleging that the respondent poses an immediate and present | ||||||
21 | danger of causing personal injury to himself, herself, or | ||||||
22 | another by having in his or her custody or control, | ||||||
23 | purchasing, possessing, or receiving a firearm. The petition | ||||||
24 | shall also describe the type and location of any firearm or |
| |||||||
| |||||||
1 | firearms presently believed by the petitioner to be possessed | ||||||
2 | or controlled by the respondent.
| ||||||
3 | (b) If the respondent is alleged to pose an immediate and | ||||||
4 | present danger of causing personal injury to an intimate | ||||||
5 | partner, or an intimate partner is alleged to have been the | ||||||
6 | target of a threat or act of violence by the respondent, the | ||||||
7 | petitioner shall make a good faith effort to provide notice to | ||||||
8 | any and all intimate partners of the respondent. The notice | ||||||
9 | must include that the petitioner intends to petition the court | ||||||
10 | for an emergency firearms restraining order, and, if the | ||||||
11 | petitioner is a law enforcement officer, referral to relevant | ||||||
12 | domestic violence or stalking advocacy or counseling | ||||||
13 | resources, if appropriate. The petitioner shall attest to | ||||||
14 | having provided the notice in the filed affidavit or verified | ||||||
15 | pleading. If, after making a good faith effort, the petitioner | ||||||
16 | is unable to provide notice to any or all intimate partners, | ||||||
17 | the affidavit or verified pleading should describe what | ||||||
18 | efforts were made. | ||||||
19 | (c) Every person who files a petition for an emergency | ||||||
20 | firearms restraining order, knowing the information provided | ||||||
21 | to the court at any hearing or in the affidavit or verified | ||||||
22 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
23 | of the Criminal Code of 2012.
| ||||||
24 | (d) An emergency firearms restraining order shall be | ||||||
25 | issued on an ex parte basis, that is, without notice to the | ||||||
26 | respondent.
|
| |||||||
| |||||||
1 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
2 | held the same day that the petition is filed or the next day | ||||||
3 | that the court is in session.
| ||||||
4 | (f) If a circuit or associate judge finds probable cause | ||||||
5 | to believe that the respondent poses an immediate and present | ||||||
6 | danger of causing personal injury to himself, herself, or | ||||||
7 | another by having in his or her custody or control, | ||||||
8 | purchasing, possessing, or receiving a firearm, the circuit or | ||||||
9 | associate judge shall issue an emergency order.
| ||||||
10 | (f-5) If the court issues an emergency firearms | ||||||
11 | restraining order, it shall, upon a finding of probable cause | ||||||
12 | that the respondent possesses firearms, issue a search warrant | ||||||
13 | directing a law enforcement agency to seize the respondent's | ||||||
14 | firearms. The court may, as part of that warrant, direct the | ||||||
15 | law enforcement agency to search the respondent's residence | ||||||
16 | and other places where the court finds there is probable cause | ||||||
17 | to believe he or she is likely to possess the firearms. | ||||||
18 | (g) An emergency firearms restraining order shall require:
| ||||||
19 | (1) the respondent to refrain from having in his or | ||||||
20 | her custody or control, purchasing, possessing, or | ||||||
21 | receiving additional firearms for the duration of the | ||||||
22 | order pursuant to Section 8.2 of the Firearm Owners | ||||||
23 | Identification Card Act ;
and | ||||||
24 | (2) the respondent to comply with Section 9.5 of the | ||||||
25 | Firearm Owners Identification Card Act turn over to the | ||||||
26 | local law enforcement agency any Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card and subsection (g) of Section 70 of | ||||||
2 | the Firearm Concealed Carry Act concealed carry license in | ||||||
3 | his or her possession. The local law enforcement agency | ||||||
4 | shall immediately mail the card and concealed carry | ||||||
5 | license to the Department of State Police Firearm Services | ||||||
6 | Bureau for safekeeping. The firearm or firearms and | ||||||
7 | Firearm Owner's Identification Card and concealed carry | ||||||
8 | license, if unexpired, shall be returned to the respondent | ||||||
9 | after the firearms restraining order is terminated or | ||||||
10 | expired . | ||||||
11 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
12 | this Section, upon expiration of the period of safekeeping, if | ||||||
13 | the firearms or Firearm Owner's Identification Card and | ||||||
14 | concealed carry license cannot be returned to the respondent | ||||||
15 | because the respondent cannot be located, fails to respond to | ||||||
16 | requests to retrieve the firearms, or is not lawfully eligible | ||||||
17 | to possess a firearm, upon petition from the local law | ||||||
18 | enforcement agency, the court may order the local law | ||||||
19 | enforcement agency to destroy the firearms, use the firearms | ||||||
20 | for training purposes, or use the firearms for any other | ||||||
21 | application as deemed appropriate by the local law enforcement | ||||||
22 | agency.
| ||||||
23 | (h-5) A respondent whose Firearm Owner's Identification | ||||||
24 | Card has been revoked or suspended may petition the court, if | ||||||
25 | the petitioner is present in court or has notice of the | ||||||
26 | respondent's petition, to transfer the respondent's firearm to |
| |||||||
| |||||||
1 | a person who is lawfully able to possess the firearm if the | ||||||
2 | person does not reside at the same address as the respondent. | ||||||
3 | Notice of the petition shall be served upon the person | ||||||
4 | protected by the emergency firearms restraining order. While | ||||||
5 | the order is in effect, the transferee who receives the | ||||||
6 | respondent's firearms must swear or affirm by affidavit that | ||||||
7 | he or she shall not transfer the firearm to the respondent or | ||||||
8 | to anyone residing in the same residence as the respondent. | ||||||
9 | (h-6) If a person other than the respondent claims title | ||||||
10 | to any firearms surrendered under this Section, he or she may | ||||||
11 | petition the court, if the petitioner is present in court or | ||||||
12 | has notice of the petition, to have the firearm returned to him | ||||||
13 | or her. If the court determines that person to be the lawful | ||||||
14 | owner of the firearm, the firearm shall be returned to him or | ||||||
15 | her, provided that: | ||||||
16 | (1) the firearm is removed from the respondent's | ||||||
17 | custody, control, or possession and the lawful owner | ||||||
18 | agrees to store the firearm in a manner such that the | ||||||
19 | respondent does not have access to or control of the | ||||||
20 | firearm; and | ||||||
21 | (2) the firearm is not otherwise unlawfully possessed | ||||||
22 | by the owner. | ||||||
23 | The person petitioning for the return of his or her | ||||||
24 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
25 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
26 | firearm to the respondent; and (iii) will store the firearm in |
| |||||||
| |||||||
1 | a manner that the respondent does not have access to or control | ||||||
2 | of the firearm. | ||||||
3 | (i) In accordance with subsection (e) of this Section, the | ||||||
4 | court shall schedule a full hearing as soon as possible, but no | ||||||
5 | longer than 14 days from the issuance of an ex parte firearms | ||||||
6 | restraining order, to determine if a 6-month firearms | ||||||
7 | restraining order shall be issued. The court may extend an ex | ||||||
8 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
9 | service of the order or if necessary to continue protection. | ||||||
10 | The court may extend the order for a greater length of time by | ||||||
11 | mutual agreement of the parties.
| ||||||
12 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
13 | (430 ILCS 67/40)
| ||||||
14 | Sec. 40. Six-month orders.
| ||||||
15 | (a) A petitioner may request a 6-month firearms | ||||||
16 | restraining order by filing an affidavit or verified pleading | ||||||
17 | alleging that the respondent poses a significant danger of | ||||||
18 | causing personal injury to himself, herself, or another in the | ||||||
19 | near future by having in his or her custody or control, | ||||||
20 | purchasing, possessing, or receiving a firearm. The petition | ||||||
21 | shall also describe the number, types, and locations of any | ||||||
22 | firearms presently believed by the petitioner to be possessed | ||||||
23 | or controlled by the respondent.
| ||||||
24 | (b) If the respondent is alleged to pose a significant | ||||||
25 | danger of causing personal injury to an intimate partner, or |
| |||||||
| |||||||
1 | an intimate partner is alleged to have been the target of a | ||||||
2 | threat or act of violence by the respondent, the petitioner | ||||||
3 | shall make a good faith effort to provide notice to any and all | ||||||
4 | intimate partners of the respondent. The notice must include | ||||||
5 | that the petitioner intends to petition the court for a | ||||||
6 | 6-month firearms restraining order, and, if the petitioner is | ||||||
7 | a law enforcement officer, referral to relevant domestic | ||||||
8 | violence or stalking advocacy or counseling resources, if | ||||||
9 | appropriate. The petitioner shall attest to having provided | ||||||
10 | the notice in the filed affidavit or verified pleading. If, | ||||||
11 | after making a good faith effort, the petitioner is unable to | ||||||
12 | provide notice to any or all intimate partners, the affidavit | ||||||
13 | or verified pleading should describe what efforts were made. | ||||||
14 | (c) Every person who files a petition for a 6-month | ||||||
15 | firearms restraining order, knowing the information provided | ||||||
16 | to the court at any hearing or in the affidavit or verified | ||||||
17 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
18 | of the Criminal Code of 2012.
| ||||||
19 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
20 | restraining order, the court shall order a hearing within 30 | ||||||
21 | days.
| ||||||
22 | (e) In determining whether to issue a firearms restraining | ||||||
23 | order under this Section, the court shall consider evidence | ||||||
24 | including, but not limited to, the following:
| ||||||
25 | (1) The unlawful and reckless use, display, or | ||||||
26 | brandishing of a firearm by the respondent.
|
| |||||||
| |||||||
1 | (2) The history of use, attempted use, or threatened | ||||||
2 | use of physical force by the respondent against another | ||||||
3 | person.
| ||||||
4 | (3) Any prior arrest of the respondent for a felony | ||||||
5 | offense. | ||||||
6 | (4) Evidence of the abuse of controlled substances or | ||||||
7 | alcohol by the respondent. | ||||||
8 | (5) A recent threat of violence or act of violence by | ||||||
9 | the respondent directed toward himself, herself, or | ||||||
10 | another. | ||||||
11 | (6) A violation of an emergency order of protection | ||||||
12 | issued under Section 217 of the Illinois Domestic Violence | ||||||
13 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
14 | Procedure of 1963 or of an order of protection issued | ||||||
15 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
16 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
17 | of 1963.
| ||||||
18 | (7) A pattern of violent acts or violent threats, | ||||||
19 | including, but not limited to, threats of violence or acts | ||||||
20 | of violence by the respondent directed toward himself, | ||||||
21 | herself, or another. | ||||||
22 | (f) At the hearing, the petitioner shall have the burden | ||||||
23 | of proving, by clear and convincing evidence, that the | ||||||
24 | respondent poses a significant danger of personal injury to | ||||||
25 | himself, herself, or another by having in his or her custody or | ||||||
26 | control, purchasing, possessing, or receiving a firearm. |
| |||||||
| |||||||
1 | (g) If the court finds that there is clear and convincing | ||||||
2 | evidence to issue a firearms restraining order, the court | ||||||
3 | shall issue a firearms restraining order that shall be in | ||||||
4 | effect for 6 months subject to renewal under Section 45 of this | ||||||
5 | Act or termination under that Section. | ||||||
6 | (g-5) If the court issues a 6-month firearms restraining | ||||||
7 | order, it shall, upon a finding of probable cause that the | ||||||
8 | respondent possesses firearms, issue a search warrant | ||||||
9 | directing a law enforcement agency to seize the respondent's | ||||||
10 | firearms. The court may, as part of that warrant, direct the | ||||||
11 | law enforcement agency to search the respondent's residence | ||||||
12 | and other places where the court finds there is probable cause | ||||||
13 | to believe he or she is likely to possess the firearms. | ||||||
14 | (h) A 6-month firearms restraining order shall require: | ||||||
15 | (1) the respondent to refrain from having in his or | ||||||
16 | her custody or control, purchasing, possessing, or | ||||||
17 | receiving additional firearms for the duration of the | ||||||
18 | order pursuant to Section 8.2 of the Firearm Owners | ||||||
19 | Identification Card Act ; and | ||||||
20 | (2) the respondent to comply with Section 9.5 of the | ||||||
21 | Firearm Owners Identification Card Act and subsection (g) | ||||||
22 | of Section 70 of the Firearm Concealed Carry Act turn over | ||||||
23 | to the local law enforcement agency any firearm or Firearm | ||||||
24 | Owner's Identification Card and concealed carry license in | ||||||
25 | his or her possession . The local law enforcement agency | ||||||
26 | shall immediately mail the card and concealed carry |
| |||||||
| |||||||
1 | license to the Department of State Police Firearm Services | ||||||
2 | Bureau for safekeeping. The firearm or firearms and | ||||||
3 | Firearm Owner's Identification Card and concealed carry | ||||||
4 | license, if unexpired, shall be returned to the respondent | ||||||
5 | after the firearms restraining order is terminated or | ||||||
6 | expired. | ||||||
7 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
8 | this Section, upon expiration of the period of safekeeping, if | ||||||
9 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
10 | returned to the respondent because the respondent cannot be | ||||||
11 | located, fails to respond to requests to retrieve the | ||||||
12 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
13 | upon petition from the local law enforcement agency, the court | ||||||
14 | may order the local law enforcement agency to destroy the | ||||||
15 | firearms, use the firearms for training purposes, or use the | ||||||
16 | firearms for any other application as deemed appropriate by | ||||||
17 | the local law enforcement agency. | ||||||
18 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
19 | Card has been revoked or suspended may petition the court, if | ||||||
20 | the petitioner is present in court or has notice of the | ||||||
21 | respondent's petition, to transfer the respondent's firearm to | ||||||
22 | a person who is lawfully able to possess the firearm if the | ||||||
23 | person does not reside at the same address as the respondent. | ||||||
24 | Notice of the petition shall be served upon the person | ||||||
25 | protected by the emergency firearms restraining order. While | ||||||
26 | the order is in effect, the transferee who receives the |
| |||||||
| |||||||
1 | respondent's firearms must swear or affirm by affidavit that | ||||||
2 | he or she shall not transfer the firearm to the respondent or | ||||||
3 | to anyone residing in the same residence as the respondent. | ||||||
4 | (i-6) If a person other than the respondent claims title | ||||||
5 | to any firearms surrendered under this Section, he or she may | ||||||
6 | petition the court, if the petitioner is present in court or | ||||||
7 | has notice of the petition, to have the firearm returned to him | ||||||
8 | or her. If the court determines that person to be the lawful | ||||||
9 | owner of the firearm, the firearm shall be returned to him or | ||||||
10 | her, provided that: | ||||||
11 | (1) the firearm is removed from the respondent's | ||||||
12 | custody, control, or possession and the lawful owner | ||||||
13 | agrees to store the firearm in a manner such that the | ||||||
14 | respondent does not have access to or control of the | ||||||
15 | firearm; and | ||||||
16 | (2) the firearm is not otherwise unlawfully possessed | ||||||
17 | by the owner. | ||||||
18 | The person petitioning for the return of his or her | ||||||
19 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
20 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
21 | firearm to the respondent; and (iii) will store the firearm in | ||||||
22 | a manner that the respondent does not have access to or control | ||||||
23 | of the firearm. | ||||||
24 | (j) If the court does not issue a firearms restraining | ||||||
25 | order at the hearing, the court shall dissolve any emergency | ||||||
26 | firearms restraining order then in effect. |
| |||||||
| |||||||
1 | (k) When the court issues a firearms restraining order | ||||||
2 | under this Section, the court shall inform the respondent that | ||||||
3 | he or she is entitled to one hearing during the period of the | ||||||
4 | order to request a termination of the order, under Section 45 | ||||||
5 | of this Act, and shall provide the respondent with a form to | ||||||
6 | request a hearing.
| ||||||
7 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
8 | Section 30. The Criminal Code of 2012 is amended by | ||||||
9 | changing Section 24-3 as follows:
| ||||||
10 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
11 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
12 | (A) A person commits the offense of unlawful sale or | ||||||
13 | delivery of firearms when he
or she knowingly does any of the | ||||||
14 | following:
| ||||||
15 | (a) Sells or gives any firearm of a size which may be | ||||||
16 | concealed upon the
person to any person under 18 years of | ||||||
17 | age.
| ||||||
18 | (b) Sells or gives any firearm to a person under 21 | ||||||
19 | years of age who has
been convicted of a misdemeanor other | ||||||
20 | than a traffic offense or adjudged
delinquent.
| ||||||
21 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
22 | (d) Sells or gives any firearm to any person who has | ||||||
23 | been convicted of a
felony under the laws of this or any | ||||||
24 | other jurisdiction.
|
| |||||||
| |||||||
1 | (e) Sells or gives any firearm to any person who has | ||||||
2 | been a patient in a
mental institution within the past 5 | ||||||
3 | years. In this subsection (e): | ||||||
4 | "Mental institution" means any hospital, | ||||||
5 | institution, clinic, evaluation facility, mental | ||||||
6 | health center, or part thereof, which is used | ||||||
7 | primarily for the care or treatment of persons with | ||||||
8 | mental illness. | ||||||
9 | "Patient in a mental institution" means the person | ||||||
10 | was admitted, either voluntarily or involuntarily, to | ||||||
11 | a mental institution for mental health treatment, | ||||||
12 | unless the treatment was voluntary and solely for an | ||||||
13 | alcohol abuse disorder and no other secondary | ||||||
14 | substance abuse disorder or mental illness.
| ||||||
15 | (f) Sells or gives any firearms to any person who is a | ||||||
16 | person with an intellectual disability.
| ||||||
17 | (g) Delivers any firearm, incidental to a sale, | ||||||
18 | without withholding delivery of the firearm
for at least | ||||||
19 | 72 hours after application for its purchase has been made, | ||||||
20 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
21 | without withholding delivery of the stun gun or taser for
| ||||||
22 | at least 24 hours after application for its purchase has | ||||||
23 | been made.
However,
this paragraph (g) does not apply to: | ||||||
24 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
25 | the seller of the firearm knows that the person to whom he | ||||||
26 | or she is selling the firearm is a law enforcement officer |
| |||||||
| |||||||
1 | or the sale of a firearm to a person who desires to | ||||||
2 | purchase a firearm for
use in promoting the public | ||||||
3 | interest incident to his or her employment as a
bank | ||||||
4 | guard, armed truck guard, or other similar employment; (2) | ||||||
5 | a mail
order sale of a firearm from a federally licensed | ||||||
6 | firearms dealer to a nonresident of Illinois under which | ||||||
7 | the firearm
is mailed to a federally licensed firearms | ||||||
8 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
9 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
10 | firearms dealer under Section 923
of the federal Gun | ||||||
11 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
12 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
13 | registered competitor or attendee or non-resident | ||||||
14 | registered competitor or attendee by any dealer licensed | ||||||
15 | as a federal firearms dealer under Section 923 of the | ||||||
16 | federal Gun Control Act of 1968 at competitive shooting | ||||||
17 | events held at the World Shooting Complex sanctioned by a | ||||||
18 | national governing body. For purposes of transfers or | ||||||
19 | sales under subparagraph (5) of this paragraph (g), the | ||||||
20 | Department of Natural Resources shall give notice to the | ||||||
21 | Department of State Police at least 30 calendar days prior | ||||||
22 | to any competitive shooting events at the World Shooting | ||||||
23 | Complex sanctioned by a national governing body. The | ||||||
24 | notification shall be made on a form prescribed by the | ||||||
25 | Department of State Police. The sanctioning body shall | ||||||
26 | provide a list of all registered competitors and attendees |
| |||||||
| |||||||
1 | at least 24 hours before the events to the Department of | ||||||
2 | State Police. Any changes to the list of registered | ||||||
3 | competitors and attendees shall be forwarded to the | ||||||
4 | Department of State Police as soon as practicable. The | ||||||
5 | Department of State Police must destroy the list of | ||||||
6 | registered competitors and attendees no later than 30 days | ||||||
7 | after the date of the event. Nothing in this paragraph (g) | ||||||
8 | relieves a federally licensed firearm dealer from the | ||||||
9 | requirements of conducting a NICS background check through | ||||||
10 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
11 | purposes of this paragraph (g), "application" means when | ||||||
12 | the buyer and seller reach an agreement to purchase a | ||||||
13 | firearm.
For purposes of this paragraph (g), "national | ||||||
14 | governing body" means a group of persons who adopt rules | ||||||
15 | and formulate policy on behalf of a national firearm | ||||||
16 | sporting organization.
| ||||||
17 | (h) While holding any license
as a dealer,
importer, | ||||||
18 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
19 | Act of 1968,
manufactures, sells or delivers to any | ||||||
20 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
21 | or receiver which is a die casting of zinc alloy or
any | ||||||
22 | other nonhomogeneous metal which will melt or deform at a | ||||||
23 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
24 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
25 | the Firearm Owners Identification Card Act; and (2)
| ||||||
26 | "handgun" is defined as a firearm designed to be held
and |
| |||||||
| |||||||
1 | fired by the use of a single hand, and includes a | ||||||
2 | combination of parts from
which such a firearm can be | ||||||
3 | assembled.
| ||||||
4 | (i) Sells or gives a firearm of any size to any person | ||||||
5 | under 18 years of
age who does not possess a valid Firearm | ||||||
6 | Owner's Identification Card.
| ||||||
7 | (j) Sells or gives a firearm while engaged in the | ||||||
8 | business of selling
firearms at wholesale or retail | ||||||
9 | without being licensed as a federal firearms
dealer under | ||||||
10 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
11 | U.S.C.
923). In this paragraph (j):
| ||||||
12 | A person "engaged in the business" means a person who | ||||||
13 | devotes time,
attention, and
labor to
engaging in the | ||||||
14 | activity as a regular course of trade or business with the
| ||||||
15 | principal objective of livelihood and profit, but does not | ||||||
16 | include a person who
makes occasional repairs of firearms | ||||||
17 | or who occasionally fits special barrels,
stocks, or | ||||||
18 | trigger mechanisms to firearms.
| ||||||
19 | "With the principal objective of livelihood and | ||||||
20 | profit" means that the
intent
underlying the sale or | ||||||
21 | disposition of firearms is predominantly one of
obtaining | ||||||
22 | livelihood and pecuniary gain, as opposed to other | ||||||
23 | intents, such as
improving or liquidating a personal | ||||||
24 | firearms collection; however, proof of
profit shall not be | ||||||
25 | required as to a person who engages in the regular and
| ||||||
26 | repetitive purchase and disposition of firearms for |
| |||||||
| |||||||
1 | criminal purposes or
terrorism.
| ||||||
2 | (k) Sells or transfers ownership of a firearm to a | ||||||
3 | person who does not possess display to the seller or | ||||||
4 | transferor of the firearm either: (1) a currently valid | ||||||
5 | Firearm Owner's Identification Card that has previously | ||||||
6 | been issued in the transferee's name by the Department of | ||||||
7 | State Police under the provisions of the Firearm Owners | ||||||
8 | Identification Card Act; or (2) a currently valid license | ||||||
9 | to carry a concealed firearm that has previously been | ||||||
10 | issued in the transferee's name by the
Department of State | ||||||
11 | Police under the Firearm Concealed Carry Act. This | ||||||
12 | paragraph (k) does not apply to the transfer of a firearm | ||||||
13 | to a person who is exempt from the requirement of | ||||||
14 | possessing a Firearm Owner's Identification Card under | ||||||
15 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
16 | For the purposes of this Section, a currently valid | ||||||
17 | Firearm Owner's Identification Card or license to carry a | ||||||
18 | concealed firearm means receipt of (i) a Firearm Owner's | ||||||
19 | Identification Card that has not expired or (ii) an | ||||||
20 | approval number issued in accordance with subsection | ||||||
21 | (a-10) of subsection 3 or Section 3.1 of the Firearm | ||||||
22 | Owners Identification Card Act shall be proof that the | ||||||
23 | Firearm Owner's Identification Card was valid. | ||||||
24 | (1) In addition to the other requirements of this | ||||||
25 | paragraph (k), all persons who are not federally | ||||||
26 | licensed firearms dealers must also have complied with |
| |||||||
| |||||||
1 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
2 | Identification Card Act by determining the validity of | ||||||
3 | a purchaser's Firearm Owner's Identification Card. | ||||||
4 | (2) All sellers or transferors who have complied | ||||||
5 | with the requirements of subparagraph (1) of this | ||||||
6 | paragraph (k) shall not be liable for damages in any | ||||||
7 | civil action arising from the use or misuse by the | ||||||
8 | transferee of the firearm transferred, except for | ||||||
9 | willful or wanton misconduct on the part of the seller | ||||||
10 | or transferor. | ||||||
11 | (l) Not
being entitled to the possession of a firearm, | ||||||
12 | delivers the
firearm, knowing it to have been stolen or | ||||||
13 | converted. It may be inferred that
a person who possesses | ||||||
14 | a firearm with knowledge that its serial number has
been | ||||||
15 | removed or altered has knowledge that the firearm is | ||||||
16 | stolen or converted. | ||||||
17 | (B) Paragraph (h) of subsection (A) does not include | ||||||
18 | firearms sold within 6
months after enactment of Public
Act | ||||||
19 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
20 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
21 | purchased by any citizen within 6 months after the
enactment | ||||||
22 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
23 | the provisions of that Public Act. Nothing in
Public Act | ||||||
24 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
25 | firearm if that firearm was legally held or acquired within 6 | ||||||
26 | months after
the enactment of that Public Act.
|
| |||||||
| |||||||
1 | (C) Sentence.
| ||||||
2 | (1) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
4 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
5 | (2) Any person convicted of unlawful sale or delivery | ||||||
6 | of firearms in violation of
paragraph (b) or (i) of | ||||||
7 | subsection (A) commits a Class 3 felony.
| ||||||
8 | (3) Any person convicted of unlawful sale or delivery | ||||||
9 | of firearms in violation of
paragraph (a) of subsection | ||||||
10 | (A) commits a Class 2 felony.
| ||||||
11 | (4) Any person convicted of unlawful sale or delivery | ||||||
12 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
13 | subsection (A) in any school, on the real
property | ||||||
14 | comprising a school, within 1,000 feet of the real | ||||||
15 | property comprising
a school, at a school related | ||||||
16 | activity, or on or within 1,000 feet of any
conveyance | ||||||
17 | owned, leased, or contracted by a school or school | ||||||
18 | district to
transport students to or from school or a | ||||||
19 | school related activity,
regardless of the time of day or | ||||||
20 | time of year at which the offense
was committed, commits a | ||||||
21 | Class 1 felony. Any person convicted of a second
or | ||||||
22 | subsequent violation of unlawful sale or delivery of | ||||||
23 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
24 | subsection (A) in any school, on the real property
| ||||||
25 | comprising a school, within 1,000 feet of the real | ||||||
26 | property comprising a
school, at a school related |
| |||||||
| |||||||
1 | activity, or on or within 1,000 feet of any
conveyance | ||||||
2 | owned, leased, or contracted by a school or school | ||||||
3 | district to
transport students to or from school or a | ||||||
4 | school related activity,
regardless of the time of day or | ||||||
5 | time of year at which the offense
was committed, commits a | ||||||
6 | Class 1 felony for which the sentence shall be a
term of | ||||||
7 | imprisonment of no less than 5 years and no more than 15 | ||||||
8 | years.
| ||||||
9 | (5) Any person convicted of unlawful sale or delivery | ||||||
10 | of firearms in violation of
paragraph (a) or (i) of | ||||||
11 | subsection (A) in residential property owned,
operated, or | ||||||
12 | managed by a public housing agency or leased by a public | ||||||
13 | housing
agency as part of a scattered site or mixed-income | ||||||
14 | development, in a public
park, in a
courthouse, on | ||||||
15 | residential property owned, operated, or managed by a | ||||||
16 | public
housing agency or leased by a public housing agency | ||||||
17 | as part of a scattered site
or mixed-income development, | ||||||
18 | on the real property comprising any public park,
on the | ||||||
19 | real
property comprising any courthouse, or on any public | ||||||
20 | way within 1,000 feet
of the real property comprising any | ||||||
21 | public park, courthouse, or residential
property owned, | ||||||
22 | operated, or managed by a public housing agency or leased | ||||||
23 | by a
public housing agency as part of a scattered site or | ||||||
24 | mixed-income development
commits a
Class 2 felony.
| ||||||
25 | (6) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of
paragraph (j) of subsection |
| |||||||
| |||||||
1 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
2 | violation is a Class 4 felony. | ||||||
3 | (7) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of paragraph (k) of subsection | ||||||
5 | (A) commits a Class 4 felony, except that a violation of | ||||||
6 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
7 | not be punishable as a crime or petty offense. A third or | ||||||
8 | subsequent conviction for a violation of paragraph (k) of | ||||||
9 | subsection (A) is a Class 1 felony.
| ||||||
10 | (8) A person 18 years of age or older convicted of | ||||||
11 | unlawful sale or delivery of firearms in violation of | ||||||
12 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
13 | that was sold or given to another person under 18 years of | ||||||
14 | age was used in the commission of or attempt to commit a | ||||||
15 | forcible felony, shall be fined or imprisoned, or both, | ||||||
16 | not to exceed the maximum provided for the most serious | ||||||
17 | forcible felony so committed or attempted by the person | ||||||
18 | under 18 years of age who was sold or given the firearm. | ||||||
19 | (9) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (d) of subsection | ||||||
21 | (A) commits a Class 3 felony. | ||||||
22 | (10) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of paragraph (l) of subsection | ||||||
24 | (A) commits a Class 2 felony if the delivery is of one | ||||||
25 | firearm. Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of paragraph (l) of subsection |
| |||||||
| |||||||
1 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
2 | than 2 and not more than 5 firearms at the
same time or | ||||||
3 | within a one year period. Any person convicted of unlawful | ||||||
4 | sale or delivery of firearms in violation of paragraph (l) | ||||||
5 | of subsection (A) commits a Class X felony for which he or | ||||||
6 | she shall be sentenced
to a term of imprisonment of not | ||||||
7 | less than 6 years and not more than 30
years if the | ||||||
8 | delivery is of not less than 6 and not more than 10 | ||||||
9 | firearms at the
same time or within a 2 year period. Any | ||||||
10 | person convicted of unlawful sale or delivery of firearms | ||||||
11 | in violation of paragraph (l) of subsection (A) commits a | ||||||
12 | Class X felony for which he or she shall be sentenced
to a | ||||||
13 | term of imprisonment of not less than 6 years and not more | ||||||
14 | than 40
years if the delivery is of not less than 11 and | ||||||
15 | not more than 20 firearms at the
same time or within a 3 | ||||||
16 | year period. Any person convicted of unlawful sale or | ||||||
17 | delivery of firearms in violation of paragraph (l) of | ||||||
18 | subsection (A) commits a Class X felony for which he or she | ||||||
19 | shall be sentenced
to a term of imprisonment of not less | ||||||
20 | than 6 years and not more than 50
years if the delivery is | ||||||
21 | of not less than 21 and not more than 30 firearms at the
| ||||||
22 | same time or within a 4 year period. Any person convicted | ||||||
23 | of unlawful sale or delivery of firearms in violation of | ||||||
24 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
25 | for which he or she shall be sentenced
to a term of | ||||||
26 | imprisonment of not less than 6 years and not more than 60
|
| |||||||
| |||||||
1 | years if the delivery is of 31 or more firearms at the
same | ||||||
2 | time or within a 5 year period. | ||||||
3 | (D) For purposes of this Section:
| ||||||
4 | "School" means a public or private elementary or secondary | ||||||
5 | school,
community college, college, or university.
| ||||||
6 | "School related activity" means any sporting, social, | ||||||
7 | academic, or
other activity for which students' attendance or | ||||||
8 | participation is sponsored,
organized, or funded in whole or | ||||||
9 | in part by a school or school district.
| ||||||
10 | (E) A prosecution for a violation of paragraph (k) of | ||||||
11 | subsection (A) of this Section may be commenced within 6 years | ||||||
12 | after the commission of the offense. A prosecution for a | ||||||
13 | violation of this Section other than paragraph (g) of | ||||||
14 | subsection (A) of this Section may be commenced within 5 years | ||||||
15 | after the commission of the offense defined in the particular | ||||||
16 | paragraph.
| ||||||
17 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
18 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
19 | Section 35. The Code of Criminal Procedure of 1963 is | ||||||
20 | amended by changing Section 112A-14 as follows:
| ||||||
21 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
22 | Sec. 112A-14. Domestic violence order of protection; | ||||||
23 | remedies.
| ||||||
24 | (a) (Blank).
|
| |||||||
| |||||||
1 | (b) The court may order any of the remedies listed in this | ||||||
2 | subsection (b).
The remedies listed in this subsection (b) | ||||||
3 | shall be in addition to other civil
or criminal remedies | ||||||
4 | available to petitioner.
| ||||||
5 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
6 | harassment,
interference with personal liberty, | ||||||
7 | intimidation of a dependent, physical
abuse, or willful | ||||||
8 | deprivation, as defined in this Article, if such abuse has
| ||||||
9 | occurred or otherwise appears likely to occur if not | ||||||
10 | prohibited.
| ||||||
11 | (2) Grant of exclusive possession of residence. | ||||||
12 | Prohibit respondent
from entering or remaining in any | ||||||
13 | residence, household, or premises of the petitioner,
| ||||||
14 | including one owned or leased by respondent, if petitioner | ||||||
15 | has a right
to occupancy thereof. The grant of exclusive | ||||||
16 | possession of the residence, household, or premises
shall | ||||||
17 | not affect title to real property, nor shall the court be | ||||||
18 | limited by
the standard set forth in subsection (c-2) of | ||||||
19 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
20 | Marriage Act.
| ||||||
21 | (A) Right to occupancy. A party has a right to | ||||||
22 | occupancy of a
residence or household if it is
solely | ||||||
23 | or jointly owned or leased by that party, that party's | ||||||
24 | spouse, a
person with a legal duty to support that | ||||||
25 | party or a minor child in that
party's care, or by any | ||||||
26 | person or entity other than the opposing party that
|
| |||||||
| |||||||
1 | authorizes that party's occupancy (e.g., a domestic | ||||||
2 | violence shelter).
Standards set forth in subparagraph | ||||||
3 | (B) shall not preclude equitable relief.
| ||||||
4 | (B) Presumption of hardships. If petitioner and | ||||||
5 | respondent
each has the right to occupancy of a | ||||||
6 | residence or household, the court
shall balance (i) | ||||||
7 | the hardships to respondent and any minor child or
| ||||||
8 | dependent adult in respondent's care resulting from | ||||||
9 | entry of this remedy with (ii)
the hardships to | ||||||
10 | petitioner and any minor child or dependent adult in
| ||||||
11 | petitioner's care resulting from continued exposure to | ||||||
12 | the risk of abuse (should
petitioner remain at the | ||||||
13 | residence or household) or from loss of possession
of | ||||||
14 | the residence or household (should petitioner leave to | ||||||
15 | avoid the risk
of abuse). When determining the balance | ||||||
16 | of hardships, the court shall also
take into account | ||||||
17 | the accessibility of the residence or household.
| ||||||
18 | Hardships need not be balanced if respondent does not | ||||||
19 | have a right to occupancy.
| ||||||
20 | The balance of hardships is presumed to favor | ||||||
21 | possession by
petitioner unless the presumption is | ||||||
22 | rebutted by a preponderance of the
evidence, showing | ||||||
23 | that the hardships to respondent substantially | ||||||
24 | outweigh
the hardships to petitioner and any minor | ||||||
25 | child or dependent adult in petitioner's
care. The | ||||||
26 | court, on the request of petitioner or on its own |
| |||||||
| |||||||
1 | motion,
may order respondent to provide suitable, | ||||||
2 | accessible, alternate housing
for petitioner instead | ||||||
3 | of
excluding respondent from a mutual residence or | ||||||
4 | household.
| ||||||
5 | (3) Stay away order and additional prohibitions.
Order | ||||||
6 | respondent to stay away from petitioner or any other | ||||||
7 | person
protected by the domestic violence order of | ||||||
8 | protection, or prohibit respondent from entering
or | ||||||
9 | remaining present at petitioner's school, place of | ||||||
10 | employment, or other
specified places at times when | ||||||
11 | petitioner is present, or both, if
reasonable, given
the | ||||||
12 | balance of hardships. Hardships need not be balanced for | ||||||
13 | the court
to enter a stay away order or prohibit entry
if | ||||||
14 | respondent has no right to enter the premises.
| ||||||
15 | (A) If a domestic violence order of protection | ||||||
16 | grants petitioner exclusive possession
of the | ||||||
17 | residence, prohibits respondent from entering the | ||||||
18 | residence,
or orders respondent to stay away from | ||||||
19 | petitioner or other
protected persons, then the court | ||||||
20 | may allow respondent access to the
residence to remove | ||||||
21 | items of clothing and personal adornment
used | ||||||
22 | exclusively by respondent, medications, and other | ||||||
23 | items as the court directs.
The right to access shall | ||||||
24 | be exercised on only one occasion as the court directs
| ||||||
25 | and in the presence of an agreed-upon adult third | ||||||
26 | party or law enforcement officer.
|
| |||||||
| |||||||
1 | (B) When the petitioner and the respondent attend | ||||||
2 | the same public, private, or non-public elementary, | ||||||
3 | middle, or high school, the court when issuing a | ||||||
4 | domestic violence order of protection and providing | ||||||
5 | relief shall consider the severity of the act, any | ||||||
6 | continuing physical danger or emotional distress to | ||||||
7 | the petitioner, the educational rights guaranteed to | ||||||
8 | the petitioner and respondent under federal and State | ||||||
9 | law, the availability of a transfer of the respondent | ||||||
10 | to another school, a change of placement or a change of | ||||||
11 | program of the respondent, the expense, difficulty, | ||||||
12 | and educational disruption that would be caused by a | ||||||
13 | transfer of the respondent to another school, and any | ||||||
14 | other relevant facts of the case. The court may order | ||||||
15 | that the respondent not attend the public, private, or | ||||||
16 | non-public elementary, middle, or high school attended | ||||||
17 | by the petitioner, order that the respondent accept a | ||||||
18 | change of placement or change of program, as | ||||||
19 | determined by the school district or private or | ||||||
20 | non-public school, or place restrictions on the | ||||||
21 | respondent's movements within the school attended by | ||||||
22 | the petitioner. The respondent bears the burden of | ||||||
23 | proving by a preponderance of the evidence that a | ||||||
24 | transfer, change of placement, or change of program of | ||||||
25 | the respondent is not available. The respondent also | ||||||
26 | bears the burden of production with respect to the |
| |||||||
| |||||||
1 | expense, difficulty, and educational disruption that | ||||||
2 | would be caused by a transfer of the respondent to | ||||||
3 | another school. A transfer, change of placement, or | ||||||
4 | change of program is not unavailable to the respondent | ||||||
5 | solely on the ground that the respondent does not | ||||||
6 | agree with the school district's or private or | ||||||
7 | non-public school's transfer, change of placement, or | ||||||
8 | change of program or solely on the ground that the | ||||||
9 | respondent fails or refuses to consent or otherwise | ||||||
10 | does not take an action required to effectuate a | ||||||
11 | transfer, change of placement, or change of program. | ||||||
12 | When a court orders a respondent to stay away from the | ||||||
13 | public, private, or non-public school attended by the | ||||||
14 | petitioner and the respondent requests a transfer to | ||||||
15 | another attendance center within the respondent's | ||||||
16 | school district or private or non-public school, the | ||||||
17 | school district or private or non-public school shall | ||||||
18 | have sole discretion to determine the attendance | ||||||
19 | center to which the respondent is transferred. If the | ||||||
20 | court order results in a transfer of the minor | ||||||
21 | respondent to another attendance center, a change in | ||||||
22 | the respondent's placement, or a change of the | ||||||
23 | respondent's program, the parents, guardian, or legal | ||||||
24 | custodian of the respondent is responsible for | ||||||
25 | transportation and other costs associated with the | ||||||
26 | transfer or change. |
| |||||||
| |||||||
1 | (C) The court may order the parents, guardian, or | ||||||
2 | legal custodian of a minor respondent to take certain | ||||||
3 | actions or to refrain from taking certain actions to | ||||||
4 | ensure that the respondent complies with the order. If | ||||||
5 | the court orders a transfer of the respondent to | ||||||
6 | another school, the parents, guardian, or legal | ||||||
7 | custodian of the respondent is responsible for | ||||||
8 | transportation and other costs associated with the | ||||||
9 | change of school by the respondent. | ||||||
10 | (4) Counseling. Require or recommend the respondent to | ||||||
11 | undergo
counseling for a specified duration with a social | ||||||
12 | worker, psychologist,
clinical psychologist, | ||||||
13 | psychiatrist, family service agency, alcohol or
substance | ||||||
14 | abuse program, mental health center guidance counselor, | ||||||
15 | agency
providing services to elders, program designed for | ||||||
16 | domestic violence
abusers, or any other guidance service | ||||||
17 | the court deems appropriate. The court may order the | ||||||
18 | respondent in any intimate partner relationship to report | ||||||
19 | to an Illinois Department of Human Services protocol | ||||||
20 | approved partner abuse intervention program for an | ||||||
21 | assessment and to follow all recommended treatment.
| ||||||
22 | (5) Physical care and possession of the minor child. | ||||||
23 | In order to protect
the minor child from abuse, neglect, | ||||||
24 | or unwarranted separation from the person
who has been the | ||||||
25 | minor child's primary caretaker, or to otherwise protect | ||||||
26 | the
well-being of the minor child, the court may do either |
| |||||||
| |||||||
1 | or both of the following:
(i) grant petitioner physical | ||||||
2 | care or possession of the minor child, or both, or
(ii) | ||||||
3 | order respondent to return a minor child to, or not remove | ||||||
4 | a minor child
from, the physical care of a parent or person | ||||||
5 | in loco parentis.
| ||||||
6 | If the respondent is charged with abuse
(as defined in | ||||||
7 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
8 | be a
rebuttable presumption that awarding physical care to | ||||||
9 | respondent would not
be in the minor child's best | ||||||
10 | interest.
| ||||||
11 | (6) Temporary allocation of parental responsibilities | ||||||
12 | and significant decision-making responsibilities.
Award | ||||||
13 | temporary significant decision-making responsibility to | ||||||
14 | petitioner in accordance with this Section,
the Illinois | ||||||
15 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
16 | Parentage Act of 2015,
and this State's Uniform | ||||||
17 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
18 | If the respondent
is charged with abuse (as defined in | ||||||
19 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
20 | be a rebuttable presumption that awarding
temporary | ||||||
21 | significant decision-making responsibility to respondent | ||||||
22 | would not be in the
child's best interest.
| ||||||
23 | (7) Parenting time. Determine the parenting time, if | ||||||
24 | any, of respondent in any case in which the court
awards | ||||||
25 | physical care or temporary significant decision-making | ||||||
26 | responsibility of a minor child to
petitioner. The court |
| |||||||
| |||||||
1 | shall restrict or deny respondent's parenting time with
a | ||||||
2 | minor child if
the court finds that respondent has done or | ||||||
3 | is likely to do any of the
following: | ||||||
4 | (i) abuse or endanger the minor child during | ||||||
5 | parenting time; | ||||||
6 | (ii) use the parenting time
as an opportunity to | ||||||
7 | abuse or harass petitioner or
petitioner's family or | ||||||
8 | household members; | ||||||
9 | (iii) improperly conceal or
detain the minor | ||||||
10 | child; or | ||||||
11 | (iv) otherwise act in a manner that is not in
the | ||||||
12 | best interests of the minor child. | ||||||
13 | The court shall not be limited by the
standards set | ||||||
14 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
15 | Dissolution of Marriage Act. If the court grants parenting | ||||||
16 | time, the order
shall specify dates and times for the | ||||||
17 | parenting time to take place or other
specific parameters | ||||||
18 | or conditions that are appropriate. No order for parenting | ||||||
19 | time
shall refer merely to the term "reasonable parenting | ||||||
20 | time". Petitioner may deny respondent access to the minor | ||||||
21 | child if, when
respondent arrives for parenting time, | ||||||
22 | respondent is under the influence of drugs
or alcohol and | ||||||
23 | constitutes a threat to the safety and well-being of
| ||||||
24 | petitioner or petitioner's minor children or is behaving | ||||||
25 | in a violent or abusive manner. If necessary to protect | ||||||
26 | any member of petitioner's family or
household from future |
| |||||||
| |||||||
1 | abuse, respondent shall be prohibited from coming to
| ||||||
2 | petitioner's residence to meet the minor child for | ||||||
3 | parenting time, and the petitioner and respondent
shall | ||||||
4 | submit to the court their recommendations for reasonable
| ||||||
5 | alternative arrangements for parenting time. A person may | ||||||
6 | be approved to
supervise parenting time only after filing | ||||||
7 | an affidavit accepting
that responsibility and | ||||||
8 | acknowledging accountability to the court.
| ||||||
9 | (8) Removal or concealment of minor child.
Prohibit | ||||||
10 | respondent from
removing a minor child from the State or | ||||||
11 | concealing the child within the
State.
| ||||||
12 | (9) Order to appear. Order the respondent to
appear in | ||||||
13 | court, alone
or with a minor child, to prevent abuse, | ||||||
14 | neglect, removal or concealment of
the child, to return | ||||||
15 | the child to the custody or care of the petitioner, or
to | ||||||
16 | permit any court-ordered interview or examination of the | ||||||
17 | child or the
respondent.
| ||||||
18 | (10) Possession of personal property. Grant petitioner | ||||||
19 | exclusive
possession of personal property and, if | ||||||
20 | respondent has possession or
control, direct respondent to | ||||||
21 | promptly make it available to petitioner, if:
| ||||||
22 | (i) petitioner, but not respondent, owns the | ||||||
23 | property; or
| ||||||
24 | (ii) the petitioner and respondent own the | ||||||
25 | property jointly; sharing it would risk
abuse of | ||||||
26 | petitioner by respondent or is impracticable; and the |
| |||||||
| |||||||
1 | balance of
hardships favors temporary possession by | ||||||
2 | petitioner.
| ||||||
3 | If petitioner's sole claim to ownership of the | ||||||
4 | property is that it is
marital property, the court may | ||||||
5 | award petitioner temporary possession
thereof under the | ||||||
6 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
7 | proper proceeding has been filed under the Illinois | ||||||
8 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
9 | hereafter amended.
| ||||||
10 | No order under this provision shall affect title to | ||||||
11 | property.
| ||||||
12 | (11) Protection of property. Forbid the respondent | ||||||
13 | from taking,
transferring, encumbering, concealing, | ||||||
14 | damaging, or otherwise disposing of
any real or personal | ||||||
15 | property, except as explicitly authorized by the
court, | ||||||
16 | if:
| ||||||
17 | (i) petitioner, but not respondent, owns the | ||||||
18 | property; or
| ||||||
19 | (ii) the petitioner and respondent own the | ||||||
20 | property jointly,
and the balance of hardships favors | ||||||
21 | granting this remedy.
| ||||||
22 | If petitioner's sole claim to ownership of the | ||||||
23 | property is that it is
marital property, the court may | ||||||
24 | grant petitioner relief under subparagraph
(ii) of this | ||||||
25 | paragraph only if a proper proceeding has been filed under | ||||||
26 | the
Illinois Marriage and Dissolution of Marriage Act, as |
| |||||||
| |||||||
1 | now or hereafter amended.
| ||||||
2 | The court may further prohibit respondent from | ||||||
3 | improperly using the
financial or other resources of an | ||||||
4 | aged member of the family or household
for the profit or | ||||||
5 | advantage of respondent or of any other person.
| ||||||
6 | (11.5) Protection of animals. Grant the petitioner the | ||||||
7 | exclusive care, custody, or control of any animal owned, | ||||||
8 | possessed, leased, kept, or held by either the petitioner | ||||||
9 | or the respondent or a minor child residing in the | ||||||
10 | residence or household of either the petitioner or the | ||||||
11 | respondent and order the respondent to stay away from the | ||||||
12 | animal and forbid the respondent from taking, | ||||||
13 | transferring, encumbering, concealing, harming, or | ||||||
14 | otherwise disposing of the animal.
| ||||||
15 | (12) Order for payment of support. Order
respondent to | ||||||
16 | pay temporary
support for the petitioner or any child in | ||||||
17 | the petitioner's care or over whom the petitioner has been | ||||||
18 | allocated parental responsibility, when the respondent has | ||||||
19 | a legal obligation to support that person,
in accordance | ||||||
20 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
21 | Act, which shall govern, among other matters, the amount | ||||||
22 | of
support, payment through the clerk and withholding of | ||||||
23 | income to secure
payment. An order for child support may | ||||||
24 | be granted to a petitioner with
lawful physical care of a | ||||||
25 | child, or an order or agreement for
physical care of a | ||||||
26 | child, prior to entry of an order allocating significant |
| |||||||
| |||||||
1 | decision-making responsibility.
Such a support order shall | ||||||
2 | expire upon entry of a valid order allocating parental | ||||||
3 | responsibility differently and vacating petitioner's | ||||||
4 | significant decision-making responsibility unless | ||||||
5 | otherwise provided in the order.
| ||||||
6 | (13) Order for payment of losses. Order
respondent to | ||||||
7 | pay petitioner
for losses suffered as a direct result of | ||||||
8 | the abuse. Such losses shall
include, but not be limited | ||||||
9 | to, medical expenses, lost earnings or other
support, | ||||||
10 | repair or replacement of property damaged or taken, | ||||||
11 | reasonable
attorney's fees, court costs, and moving or | ||||||
12 | other travel expenses, including
additional reasonable | ||||||
13 | expenses for temporary shelter and restaurant meals.
| ||||||
14 | (i) Losses affecting family needs. If a party is | ||||||
15 | entitled to seek
maintenance, child support, or | ||||||
16 | property distribution from the other party
under the | ||||||
17 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
18 | now or
hereafter amended, the court may order | ||||||
19 | respondent to reimburse petitioner's
actual losses, to | ||||||
20 | the extent that such reimbursement would be | ||||||
21 | "appropriate
temporary relief", as authorized by | ||||||
22 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
23 | (ii) Recovery of expenses. In the case of an | ||||||
24 | improper concealment
or removal of a minor child, the | ||||||
25 | court may order respondent to pay the reasonable
| ||||||
26 | expenses incurred or to be incurred in the search for |
| |||||||
| |||||||
1 | and recovery of the
minor child, including, but not | ||||||
2 | limited to, legal fees, court costs, private
| ||||||
3 | investigator fees, and travel costs.
| ||||||
4 | (14) Prohibition of entry. Prohibit the respondent | ||||||
5 | from entering or
remaining in the residence or household | ||||||
6 | while the respondent is under the
influence of alcohol or | ||||||
7 | drugs and constitutes a threat to the safety and
| ||||||
8 | well-being of the petitioner or the petitioner's children.
| ||||||
9 | (14.5) Prohibition of firearm possession. | ||||||
10 | (A) A person who is subject to an existing | ||||||
11 | domestic violence order of protection issued under | ||||||
12 | this Code may not lawfully possess weapons or a valid | ||||||
13 | Firearm Owner's Identification Card under Section 8.2 | ||||||
14 | of the Firearm Owners Identification Card Act. | ||||||
15 | (B) Any firearms in the
possession of the | ||||||
16 | respondent, except as provided in subparagraph (C) of | ||||||
17 | this paragraph (14.5), shall be ordered by the court | ||||||
18 | to be turned
over to a person with a valid Firearm | ||||||
19 | Owner's Identification Card for safekeeping. The court | ||||||
20 | shall issue an order that the respondent comply with | ||||||
21 | Section 9.5 of the Firearm Owners Identification Card | ||||||
22 | Act. the respondent's Firearm Owner's Identification | ||||||
23 | Card be turned over to the local law enforcement | ||||||
24 | agency, which in turn shall immediately mail the card | ||||||
25 | to the Department of State Police Firearm Owner's | ||||||
26 | Identification Card Office for safekeeping.
The period |
| |||||||
| |||||||
1 | of safekeeping shall be for the duration of the | ||||||
2 | domestic violence order of protection. The firearm or | ||||||
3 | firearms and Firearm Owner's Identification Card, if | ||||||
4 | unexpired, shall at the respondent's request be | ||||||
5 | returned to the respondent at expiration of the | ||||||
6 | domestic violence order of protection.
| ||||||
7 | (C) If the respondent is a peace officer as | ||||||
8 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
9 | the court shall order that any firearms used by the
| ||||||
10 | respondent in the performance of his or her duties as a
| ||||||
11 | peace officer be surrendered to
the chief law | ||||||
12 | enforcement executive of the agency in which the | ||||||
13 | respondent is
employed, who shall retain the firearms | ||||||
14 | for safekeeping for the duration of the domestic | ||||||
15 | violence order of protection.
| ||||||
16 | (D) Upon expiration of the period of safekeeping, | ||||||
17 | if the firearms or Firearm Owner's Identification Card | ||||||
18 | cannot be returned to respondent because respondent | ||||||
19 | cannot be located, fails to respond to requests to | ||||||
20 | retrieve the firearms, or is not lawfully eligible to | ||||||
21 | possess a firearm, upon petition from the local law | ||||||
22 | enforcement agency, the court may order the local law | ||||||
23 | enforcement agency to destroy the firearms, use the | ||||||
24 | firearms for training purposes, or for any other | ||||||
25 | application as deemed appropriate by the local law | ||||||
26 | enforcement agency; or that the firearms be turned |
| |||||||
| |||||||
1 | over to a third party who is lawfully eligible to | ||||||
2 | possess firearms, and who does not reside with | ||||||
3 | respondent. | ||||||
4 | (15) Prohibition of access to records. If a domestic | ||||||
5 | violence order of protection
prohibits respondent from | ||||||
6 | having contact with the minor child,
or if petitioner's | ||||||
7 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
8 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
9 | removal or
concealment of a minor child, the order shall | ||||||
10 | deny respondent access to, and
prohibit respondent from | ||||||
11 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
12 | school or any other records of the minor child
who is in | ||||||
13 | the care of petitioner.
| ||||||
14 | (16) Order for payment of shelter services. Order | ||||||
15 | respondent to
reimburse a shelter providing temporary | ||||||
16 | housing and counseling services to
the petitioner for the | ||||||
17 | cost of the services, as certified by the shelter
and | ||||||
18 | deemed reasonable by the court.
| ||||||
19 | (17) Order for injunctive relief. Enter injunctive | ||||||
20 | relief necessary
or appropriate to prevent further abuse | ||||||
21 | of a family or household member or
to effectuate one of the | ||||||
22 | granted remedies, if supported by the balance of
| ||||||
23 | hardships. If the harm to be prevented by the injunction | ||||||
24 | is abuse or any
other harm that one of the remedies listed | ||||||
25 | in paragraphs (1) through (16)
of this subsection is | ||||||
26 | designed to prevent, no further evidence is necessary
to |
| |||||||
| |||||||
1 | establish that the harm is an irreparable injury.
| ||||||
2 | (18) Telephone services. | ||||||
3 | (A) Unless a condition described in subparagraph | ||||||
4 | (B) of this paragraph exists, the court may, upon | ||||||
5 | request by the petitioner, order a wireless telephone | ||||||
6 | service provider to transfer to the petitioner the | ||||||
7 | right to continue to use a telephone number or numbers | ||||||
8 | indicated by the petitioner and the financial | ||||||
9 | responsibility associated with the number or numbers, | ||||||
10 | as set forth in subparagraph (C) of this paragraph. In | ||||||
11 | this paragraph (18), the term "wireless telephone | ||||||
12 | service provider" means a provider of commercial | ||||||
13 | mobile service as defined in 47 U.S.C. 332. The | ||||||
14 | petitioner may request the transfer of each telephone | ||||||
15 | number that the petitioner, or a minor child in his or | ||||||
16 | her custody, uses. The clerk of the court shall serve | ||||||
17 | the order on the wireless telephone service provider's | ||||||
18 | agent for service of process provided to the Illinois | ||||||
19 | Commerce Commission. The order shall contain all of | ||||||
20 | the following: | ||||||
21 | (i) The name and billing telephone number of | ||||||
22 | the account holder including the name of the | ||||||
23 | wireless telephone service provider that serves | ||||||
24 | the account. | ||||||
25 | (ii) Each telephone number that will be | ||||||
26 | transferred. |
| |||||||
| |||||||
1 | (iii) A statement that the provider transfers | ||||||
2 | to the petitioner all financial responsibility for | ||||||
3 | and right to the use of any telephone number | ||||||
4 | transferred under this paragraph. | ||||||
5 | (B) A wireless telephone service provider shall | ||||||
6 | terminate the respondent's use of, and shall transfer | ||||||
7 | to the petitioner use of, the telephone number or | ||||||
8 | numbers indicated in subparagraph (A) of this | ||||||
9 | paragraph unless it notifies the petitioner, within 72 | ||||||
10 | hours after it receives the order, that one of the | ||||||
11 | following applies: | ||||||
12 | (i) The account holder named in the order has | ||||||
13 | terminated the account. | ||||||
14 | (ii) A difference in network technology would | ||||||
15 | prevent or impair the functionality of a device on | ||||||
16 | a network if the transfer occurs. | ||||||
17 | (iii) The transfer would cause a geographic or | ||||||
18 | other limitation on network or service provision | ||||||
19 | to the petitioner. | ||||||
20 | (iv) Another technological or operational | ||||||
21 | issue would prevent or impair the use of the | ||||||
22 | telephone number if the transfer occurs. | ||||||
23 | (C) The petitioner assumes all financial | ||||||
24 | responsibility for and right to the use of any | ||||||
25 | telephone number transferred under this paragraph. In | ||||||
26 | this paragraph, "financial responsibility" includes |
| |||||||
| |||||||
1 | monthly service costs and costs associated with any | ||||||
2 | mobile device associated with the number. | ||||||
3 | (D) A wireless telephone service provider may | ||||||
4 | apply to the petitioner its routine and customary | ||||||
5 | requirements for establishing an account or | ||||||
6 | transferring a number, including requiring the | ||||||
7 | petitioner to provide proof of identification, | ||||||
8 | financial information, and customer preferences.
| ||||||
9 | (E) Except for willful or wanton misconduct, a | ||||||
10 | wireless telephone service provider is immune from | ||||||
11 | civil liability for its actions taken in compliance | ||||||
12 | with a court order issued under this paragraph. | ||||||
13 | (F) All wireless service providers that provide | ||||||
14 | services to residential customers shall provide to the | ||||||
15 | Illinois Commerce Commission the name and address of | ||||||
16 | an agent for service of orders entered under this | ||||||
17 | paragraph (18). Any change in status of the registered | ||||||
18 | agent must be reported to the Illinois Commerce | ||||||
19 | Commission within 30 days of such change. | ||||||
20 | (G) The Illinois Commerce Commission shall | ||||||
21 | maintain the list of registered agents for service for | ||||||
22 | each wireless telephone service provider on the | ||||||
23 | Commission's website. The Commission may consult with | ||||||
24 | wireless telephone service providers and the Circuit | ||||||
25 | Court Clerks on the manner in which this information | ||||||
26 | is provided and displayed. |
| |||||||
| |||||||
1 | (c) Relevant factors; findings.
| ||||||
2 | (1) In determining whether to grant a
specific remedy, | ||||||
3 | other than payment of support, the
court shall consider | ||||||
4 | relevant factors, including, but not limited to, the
| ||||||
5 | following:
| ||||||
6 | (i) the nature, frequency, severity, pattern, and | ||||||
7 | consequences of the
respondent's past abuse of the | ||||||
8 | petitioner or any family or household
member, | ||||||
9 | including the concealment of his or her location in | ||||||
10 | order to evade
service of process or notice, and the | ||||||
11 | likelihood of danger of future abuse to
petitioner or
| ||||||
12 | any member of petitioner's or respondent's family or | ||||||
13 | household; and
| ||||||
14 | (ii) the danger that any minor child will be | ||||||
15 | abused or neglected or
improperly relocated from the | ||||||
16 | jurisdiction, improperly concealed within the
State, | ||||||
17 | or improperly separated from the child's primary | ||||||
18 | caretaker.
| ||||||
19 | (2) In comparing relative hardships resulting to the | ||||||
20 | parties from loss
of possession of the family home, the | ||||||
21 | court shall consider relevant
factors, including, but not | ||||||
22 | limited to, the following:
| ||||||
23 | (i) availability, accessibility, cost, safety, | ||||||
24 | adequacy, location, and other
characteristics of | ||||||
25 | alternate housing for each party and any minor child | ||||||
26 | or
dependent adult in the party's care;
|
| |||||||
| |||||||
1 | (ii) the effect on the party's employment; and
| ||||||
2 | (iii) the effect on the relationship of the party, | ||||||
3 | and any minor
child or dependent adult in the party's | ||||||
4 | care, to family, school, church,
and community.
| ||||||
5 | (3) Subject to the exceptions set forth in paragraph | ||||||
6 | (4) of this
subsection (c), the court shall make its | ||||||
7 | findings in an official record or in
writing, and shall at | ||||||
8 | a minimum set forth the following:
| ||||||
9 | (i) That the court has considered the applicable | ||||||
10 | relevant factors
described in paragraphs (1) and (2) | ||||||
11 | of this subsection (c).
| ||||||
12 | (ii) Whether the conduct or actions of respondent, | ||||||
13 | unless
prohibited, will likely cause irreparable harm | ||||||
14 | or continued abuse.
| ||||||
15 | (iii) Whether it is necessary to grant the | ||||||
16 | requested relief in order
to protect petitioner or | ||||||
17 | other alleged abused persons.
| ||||||
18 | (4) (Blank).
| ||||||
19 | (5) Never married parties. No rights or | ||||||
20 | responsibilities for a minor
child born outside of | ||||||
21 | marriage attach to a putative father until a father and
| ||||||
22 | child relationship has been established under the Illinois | ||||||
23 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
24 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
25 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
26 | Act of 1975, the Uniform Interstate Family Support Act, |
| |||||||
| |||||||
1 | the Expedited Child Support Act of 1990, any judicial, | ||||||
2 | administrative, or other act of another state or | ||||||
3 | territory, any other statute of this State, or by any | ||||||
4 | foreign nation establishing the father and child | ||||||
5 | relationship, any other proceeding substantially in | ||||||
6 | conformity with the federal Personal Responsibility and | ||||||
7 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
8 | parties appeared in open court or at an administrative | ||||||
9 | hearing acknowledging under oath or admitting by | ||||||
10 | affirmation the existence of a father and child | ||||||
11 | relationship. Absent such an adjudication, no putative | ||||||
12 | father shall be granted
temporary allocation of parental | ||||||
13 | responsibilities, including parenting time with the minor | ||||||
14 | child, or
physical care
and possession of the minor child, | ||||||
15 | nor shall
an order of payment for support of the minor | ||||||
16 | child be entered.
| ||||||
17 | (d) Balance of hardships; findings. If the court finds | ||||||
18 | that the balance
of hardships does not support the granting of | ||||||
19 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
20 | subsection (b) of this Section,
which may require such | ||||||
21 | balancing, the court's findings shall so
indicate and shall | ||||||
22 | include a finding as to whether granting the remedy will
| ||||||
23 | result in hardship to respondent that would substantially | ||||||
24 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
25 | The findings shall be an official record or in
writing.
| ||||||
26 | (e) Denial of remedies. Denial of any remedy shall not be |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | based, in
whole or in part, on evidence that:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | (1) respondent has cause for any use of force, unless | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | that cause
satisfies the standards for justifiable use of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | force provided by Article
7 of the Criminal Code of 2012;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (2) respondent was voluntarily intoxicated;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | (3) petitioner acted in self-defense or defense of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | another, provided
that, if petitioner utilized force, such | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | force was justifiable under
Article 7 of the Criminal Code | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | of 2012;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | (4) petitioner did not act in self-defense or defense | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | of another;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (5) petitioner left the residence or household to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | avoid further abuse
by respondent;
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | (6) petitioner did not leave the residence or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | household to avoid further
abuse by respondent; or
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | (7) conduct by any family or household member excused | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | the abuse by
respondent, unless that same conduct would | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | have excused such abuse if the
parties had not been family | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | or household members.
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20 | (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | 1-1-19; 101-81, eff. 7-12-19.)
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