|
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB2889 Introduced 3/19/2021, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
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Amends the Department of State Police Law of the Civil Administrative Code of Illinois. Provides that the Illinois State Police shall establish a portal for use by federal, State, or local law enforcement agencies, including Offices of the State's Attorneys and the Office of the Attorney General to capture a report of persons whose Firearm Owner's Identification Cards have been revoked or suspended. Provides that the portal is for law enforcement purposes only. Amends the Firearm Owners Identification Card Act. Provides that each applicant for the issuance of a Firearm Owner's Identification Card may include a full set of his or her fingerprints in electronic format to the Illinois State Police. Provides that a Firearm Owner's Identification Card of a licensee
under the Firearm Concealed Carry Act shall not expire during the term
of the licensee's concealed carry license. Provides that the Illinois State Police shall deny an application or shall revoke and seize a Firearm Owner's Identification Card previously issued under the Act if the Illinois State Police finds that the applicant or person to whom such card was issued is or was at the time of issuance subject to a civil no contact order or a stalking no contact order. Provides for email notifications from the Illinois State Police upon request of an applicant or Card holder. Create expanded rule making authority for the Illinois State Police concerning the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Makes conforming changes in various other Acts.
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| | A BILL FOR |
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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:
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4 | | Section 3. The Open Meetings Act is amended by changing |
5 | | Section 2 as follows:
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6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
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7 | | Sec. 2. Open meetings.
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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.
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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.
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18 | | (c) Exceptions. A public body may hold closed meetings to |
19 | | consider the
following subjects:
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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 |
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1 | | setting, or specific volunteers of the public body or |
2 | | legal counsel for
the public body, including hearing
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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.
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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.
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17 | | (3) The selection of a person to fill a public office,
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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.
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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, |
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1 | | provided that the body
prepares and makes available for |
2 | | public inspection a written decision
setting forth its |
3 | | determinative reasoning.
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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.
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8 | | (6) The setting of a price for sale or lease of |
9 | | property owned
by the public body.
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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.
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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
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17 | | potential danger to the safety of employees, students, |
18 | | staff, the public, or
public
property.
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19 | | (9) Student disciplinary cases.
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20 | | (10) The placement of individual students in special |
21 | | education
programs and other matters relating to |
22 | | individual students.
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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 |
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1 | | imminent, in which case the basis for the finding shall be
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2 | | recorded and entered into the minutes of the closed |
3 | | meeting.
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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
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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
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12 | | association or self insurance pool of which the public |
13 | | body is a member.
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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
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18 | | administrative agency for their enforcement.
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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.
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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.
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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.
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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.
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16 | | (18) Deliberations for decisions of the Prisoner |
17 | | Review Board.
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18 | | (19) Review or discussion of applications received |
19 | | under the
Experimental Organ Transplantation Procedures |
20 | | Act.
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21 | | (20) The classification and discussion of matters |
22 | | classified as
confidential or continued confidential by |
23 | | the State Government Suggestion Award
Board.
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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 |
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1 | | as mandated by Section 2.06.
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2 | | (22) Deliberations for decisions of the State
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3 | | Emergency Medical Services Disciplinary
Review Board.
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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.
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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.
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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 |
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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 |
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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:
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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.
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20 | | "Public office" means a position created by or under the
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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
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26 | | established by law or by a public body itself, that exist to |
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1 | | assist the
body in the conduct of its business.
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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.
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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.
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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.)
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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. |
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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 |
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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 |
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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.
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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 |
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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. |
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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 |
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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 |
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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 |
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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
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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
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23 | | Civil Administrative Code of Illinois is amended by changing |
24 | | Section 2605-605 and by adding Section 2605-304 as follows: |
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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 |
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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 |
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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 |
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1 | | any certification required under Article 50 of the Illinois |
2 | | Procurement Code.
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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 |
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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
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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 |
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1 | | investment of moneys in the Fund shall be retained in the Fund |
2 | | for the uses specified in this Section.
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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 |
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1 | | Violent Crime Intelligence Task Force may apply for grants |
2 | | from the Illinois State Police.
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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:
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7 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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8 | | Sec. 1.1. For purposes of this Act:
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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, |
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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;
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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; |
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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 |
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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).
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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,
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8 | | however:
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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;
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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;
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19 | | (3) any device used exclusively for the firing of stud |
20 | | cartridges,
explosive rivets or similar industrial |
21 | | ammunition; and
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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
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26 | | primarily a collector's item and is not likely to be used |
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1 | | as a weapon.
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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:
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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
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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.
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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 |
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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 |
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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 |
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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. |
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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.
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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 .)
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12 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
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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.
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24 | | (b) Upon receiving a request from a federally licensed |
25 | | firearm dealer, gun show promoter, or gun show vendor, the
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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 |
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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.
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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 |
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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 .)
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8 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
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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 |
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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 |
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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
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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:
|
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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; |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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| | SB2889 | - 54 - | LRB102 17768 RLC 24011 b |
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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 |
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| | SB2889 | - 55 - | LRB102 17768 RLC 24011 b |
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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 |
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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 |
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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 |
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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 |
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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 |
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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.
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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1 | | (430 ILCS 66/20)
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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 |
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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 |
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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 |
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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 |
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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)
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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, |
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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: |
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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 |
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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 |
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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 |
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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 |
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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
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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 |
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1 | | firearms presently believed by the petitioner to be possessed |
2 | | or controlled by the respondent.
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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.
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24 | | (d) An emergency firearms restraining order shall be |
25 | | issued on an ex parte basis, that is, without notice to the |
26 | | respondent.
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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 |
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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 |
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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 |
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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 |
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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.
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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. |
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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 |
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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 |
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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. |
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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.
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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 |
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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 |
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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 |
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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 |
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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 |
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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.
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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 |
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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 |
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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 |
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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
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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).
|
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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
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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 |
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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.
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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 |
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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. |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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. |
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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;
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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.
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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, |
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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 |
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1 | | based, in
whole or in part, on evidence that:
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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;
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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.
|
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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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 5 ILCS 120/2 | from Ch. 102, par. 42 | | 4 | | 5 ILCS 140/7.5 | | | 5 | | 20 ILCS 2605/2605-304 new | | | 6 | | 20 ILCS 2605/2605-605 | | | 7 | | 30 ILCS 105/5.935 new | | | 8 | | 30 ILCS 105/6z-99 | | | 9 | | 30 ILCS 105/6z-124 new | | | 10 | | 430 ILCS 65/1.1 | from Ch. 38, par. 83-1.1 | | 11 | | 430 ILCS 65/3.1 | from Ch. 38, par. 83-3.1 | | 12 | | 430 ILCS 65/4 | from Ch. 38, par. 83-4 | | 13 | | 430 ILCS 65/5 | from Ch. 38, par. 83-5 | | 14 | | 430 ILCS 65/6 | from Ch. 38, par. 83-6 | | 15 | | 430 ILCS 65/6.2 new | | | 16 | | 430 ILCS 65/7 | from Ch. 38, par. 83-7 | | 17 | | 430 ILCS 65/7.5 new | | | 18 | | 430 ILCS 65/8.2 | | | 19 | | 430 ILCS 65/8.3 | | | 20 | | 430 ILCS 65/8.4 new | | | 21 | | 430 ILCS 65/9.5 | | | 22 | | 430 ILCS 65/10 | from Ch. 38, par. 83-10 | | 23 | | 430 ILCS 65/11 | from Ch. 38, par. 83-11 | | 24 | | 430 ILCS 65/13.2 | from Ch. 38, par. 83-13.2 | | 25 | | 430 ILCS 65/13.4 new | | |
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| 1 | | 430 ILCS 66/10.5 new | | | 2 | | 430 ILCS 66/10.6 new | | | 3 | | 430 ILCS 66/20 | | | 4 | | 430 ILCS 66/30 | | | 5 | | 430 ILCS 66/70 | | | 6 | | 430 ILCS 67/35 | | | 7 | | 430 ILCS 67/40 | | | 8 | | 720 ILCS 5/24-3 | from Ch. 38, par. 24-3 | | 9 | | 725 ILCS 5/112A-14 | from Ch. 38, par. 112A-14 |
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