Sen. Kwame Raoul
Filed: 5/28/2013
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 183
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 183 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the Gun | ||||||
5 | Safety and Responsibility Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Applicant" means a person who is applying for a license to | ||||||
8 | carry a concealed handgun under this Act. | ||||||
9 | "Board" means the Concealed Carry Licensing Review Board. | ||||||
10 | "Concealed handgun" means a loaded or unloaded handgun | ||||||
11 | carried on or about a person completely or mostly concealed | ||||||
12 | from view of the public or on or about a person within a | ||||||
13 | vehicle. | ||||||
14 | "Department" means the Department of State Police. | ||||||
15 | "Director" means the Director of State Police. | ||||||
16 | "Handgun" means any device which is designed to expel a |
| |||||||
| |||||||
1 | projectile or projectiles by the action of an explosion, | ||||||
2 | expansion of gas, or escape of gas that is designed to be held | ||||||
3 | and fired by the use of a single hand. "Handgun" does not | ||||||
4 | include: | ||||||
5 | (1) a stun gun or taser; | ||||||
6 | (2) a machine gun as defined in item (i) of paragraph | ||||||
7 | (7) of subsection (a) of Section 24-1 of the Criminal Code | ||||||
8 | of 2012; | ||||||
9 | (3) a short-barreled rifle or shotgun as defined in | ||||||
10 | item (ii) of paragraph (7) of subsection (a) of Section | ||||||
11 | 24-1 of the Criminal Code of 2012; or | ||||||
12 | (4) any pneumatic gun, spring gun, paint ball gun, or | ||||||
13 | B-B gun which
expels a single globular projectile not | ||||||
14 | exceeding .18 inch in
diameter, or which has a maximum | ||||||
15 | muzzle velocity of less than 700 feet
per second, or which | ||||||
16 | expels breakable paint balls containing washable marking | ||||||
17 | colors. | ||||||
18 | "Law enforcement agency" means any federal, State, or local | ||||||
19 | law enforcement agency, including offices of State's Attorneys | ||||||
20 | and the Office of the Attorney General. | ||||||
21 | "License" means a license issued by the Department of State | ||||||
22 | Police to carry a concealed handgun. | ||||||
23 | "Licensee" means a person issued a license to carry a | ||||||
24 | concealed handgun. | ||||||
25 | "Municipality" has the meaning ascribed to it in Section 1 | ||||||
26 | of Article VII of the Illinois Constitution. |
| |||||||
| |||||||
1 | "Unit of local government" has the meaning ascribed to it | ||||||
2 | in Section 1 of Article VII of the Illinois Constitution. | ||||||
3 | Section 10. Issuance of licenses to carry a concealed | ||||||
4 | firearm. | ||||||
5 | (a) The Department shall issue a license to carry a | ||||||
6 | concealed handgun under this Act to an applicant who: | ||||||
7 | (1) meets the qualifications of Section 25 of this Act; | ||||||
8 | (2) has provided the application and documentation | ||||||
9 | required in Section 30 of this Act; | ||||||
10 | (3) has submitted the requisite fees; and | ||||||
11 | (4) does not pose a danger to himself, herself, or | ||||||
12 | others, or a threat to public safety as determined by the | ||||||
13 | Concealed Carry Licensing Review Board in accordance with | ||||||
14 | Section 20. | ||||||
15 | (b) The Department shall issue a renewal, corrected, or | ||||||
16 | duplicate license as provided in this Act. | ||||||
17 | (c) A license shall be valid throughout the State for a | ||||||
18 | period of 5 years from the date of issuance. A license shall | ||||||
19 | permit the licensee to: | ||||||
20 | (1) carry a loaded or unloaded concealed handgun, | ||||||
21 | completely concealed or mostly concealed, on or about his | ||||||
22 | or her person; and
| ||||||
23 | (2) keep or carry a loaded or unloaded concealed | ||||||
24 | handgun on or about his or her person within a vehicle. | ||||||
25 | (d) The Department shall make applications for a license |
| |||||||
| |||||||
1 | available no later than 180 days after the effective date of | ||||||
2 | this Act. The Department shall establish rules for the | ||||||
3 | availability and submission of applications in accordance with | ||||||
4 | this Act. | ||||||
5 | (e) An application for a license submitted to the | ||||||
6 | Department that contains all the information and materials | ||||||
7 | required by this Act, including the requisite fee, shall be | ||||||
8 | deemed completed. Except as otherwise provided in this Act, no | ||||||
9 | later than 90 days after receipt of a completed application, | ||||||
10 | the Department shall issue or deny the applicant a license. | ||||||
11 | (f) The Department shall deny the applicant a license if | ||||||
12 | the applicant fails to meet the requirements under this Act or | ||||||
13 | the Department receives a determination from the Board that the | ||||||
14 | applicant is ineligible for a license. The Department must | ||||||
15 | notify the applicant stating the grounds for the denial. The | ||||||
16 | notice of denial must inform the applicant of his or her right | ||||||
17 | to an appeal through administrative and judicial review. | ||||||
18 | (g) A licensee shall possess a license at all times the | ||||||
19 | licensee carries a concealed handgun except: | ||||||
20 | (1) when the licensee is carrying or possessing a | ||||||
21 | concealed handgun on his or her land or in his or her | ||||||
22 | abode, legal dwelling, or fixed place of business, or on | ||||||
23 | the land or in the legal dwelling of another person as an | ||||||
24 | invitee with that person's permission; | ||||||
25 | (2) when the person is authorized to carry a firearm | ||||||
26 | under Section 24-2 of the Criminal Code of 2012, except |
| |||||||
| |||||||
1 | subsection (a-5) of that Section; or | ||||||
2 | (3) when the handgun is broken down in a | ||||||
3 | non-functioning state, is not immediately accessible, or | ||||||
4 | is unloaded and enclosed in a case. | ||||||
5 | (h) If an officer of a law enforcement agency initiates an | ||||||
6 | investigative stop, including but not limited to a traffic | ||||||
7 | stop, of a licensee who is carrying a concealed handgun, upon | ||||||
8 | the request of the officer the licensee shall disclose to the | ||||||
9 | officer that he or she is in possession of a concealed handgun | ||||||
10 | under this Act, present the license upon the request of the | ||||||
11 | officer, and identify the location of the concealed handgun. | ||||||
12 | (i) The Department shall maintain a database of license | ||||||
13 | applicants and licensees. The database shall be available to | ||||||
14 | all federal, State, and local law enforcement agencies, State's | ||||||
15 | Attorneys, the Attorney General, and authorized court | ||||||
16 | personnel. Within 180 days after the effective date of this | ||||||
17 | Act, the database shall be searchable and provide all | ||||||
18 | information included in the application, including the | ||||||
19 | applicant's previous addresses within the 10 years prior to the | ||||||
20 | license application and any information related to violations | ||||||
21 | of this Act. No law enforcement agency, State's Attorney, | ||||||
22 | Attorney General, or member or staff of the judiciary shall | ||||||
23 | provide any information to a requester who is not entitled to | ||||||
24 | it by law. | ||||||
25 | (j) No later than 10 days after receipt of a completed | ||||||
26 | application, the Department shall enter the relevant |
| |||||||
| |||||||
1 | information about the applicant into the database under | ||||||
2 | subsection (i) of this Section which is accessible by law | ||||||
3 | enforcement agencies. | ||||||
4 | Section 15. Objections by law enforcement agencies. | ||||||
5 | (a) Any law enforcement agency may submit an objection to a | ||||||
6 | license applicant based upon a reasonable suspicion that the | ||||||
7 | applicant is a danger to himself or herself or others, or a | ||||||
8 | threat to public safety. The objection shall be made by the | ||||||
9 | chief law enforcement officer of the law enforcement agency, or | ||||||
10 | his or her designee, and must include any information relevant | ||||||
11 | to the objection. If a law enforcement agency submits an | ||||||
12 | objection within 30 days after the entry of an applicant into | ||||||
13 | the database, the Department shall submit the objection and all | ||||||
14 | information related to the application to the Board within 10 | ||||||
15 | days of completing all necessary background checks. | ||||||
16 | (b) If an applicant has 5 or more arrests for any reason, | ||||||
17 | that have been entered into the Criminal History Records | ||||||
18 | Information (CHRI) System, within the 7 years preceding the | ||||||
19 | date of application for a license, or has 3 or more arrests | ||||||
20 | within the 7 years preceding the date of application for a | ||||||
21 | license for any combination of gang-related offenses, the | ||||||
22 | Department shall object and submit the applicant's arrest | ||||||
23 | record, the application materials, and any additional | ||||||
24 | information submitted by a law enforcement agency to the Board. | ||||||
25 | For purposes of this subsection, "gang-related offense" is an |
| |||||||
| |||||||
1 | offense described in Section 12-6.4, Section 24-1.8, Section | ||||||
2 | 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of | ||||||
3 | subsection (a) of Section 12-6.2, paragraph (2) of subsection | ||||||
4 | (b) of Section 16-30, paragraph (2) of subsection (b) of | ||||||
5 | Section 31-4, or item (iii) of paragraph (1.5) of subsection | ||||||
6 | (i) of Section 48-1 of the Criminal Code of 2012. | ||||||
7 | (c) The referral of an objection under this Section to the | ||||||
8 | Board shall toll the 90-day period for the Department to issue | ||||||
9 | or deny the applicant a license under subsection (e) of Section | ||||||
10 | 10 of this Act, during the period of review and until the Board | ||||||
11 | issues its decision. | ||||||
12 | (d) If no objection is made by a law enforcement agency or | ||||||
13 | the Department under this Section, the Department shall process | ||||||
14 | the application in accordance with this Act. | ||||||
15 | Section 20. Concealed Carry Licensing Review Board. | ||||||
16 | (a) There is hereby created a Concealed Carry Licensing | ||||||
17 | Review Board to consider any objection to an applicant's | ||||||
18 | eligibility to obtain a license under this Act submitted by a | ||||||
19 | law enforcement agency or the Department under Section 15 of | ||||||
20 | this Act. The Board shall consist of 7 commissioners to be | ||||||
21 | appointed by the Governor, with the advice and consent of the | ||||||
22 | Senate, with 3 commissioners residing within the First Judicial | ||||||
23 | District and one commissioner residing within each of the 4 | ||||||
24 | remaining Judicial Districts. No more than 4 commissioners | ||||||
25 | shall be members of the same political party. The Governor |
| |||||||
| |||||||
1 | shall designate one commissioner as the Chairperson. The Board | ||||||
2 | shall consist of: | ||||||
3 | (1) one commissioner with at least 5 years of service | ||||||
4 | as a federal judge; | ||||||
5 | (2) 2 commissioners with at least 5 years of experience | ||||||
6 | serving as an attorney with the United States Department of | ||||||
7 | Justice; | ||||||
8 | (3) 3 commissioners with at least 5 years of experience | ||||||
9 | as a federal agent or employee with investigative | ||||||
10 | experience or duties related to criminal justice under the | ||||||
11 | United States Department of Justice, Drug Enforcement | ||||||
12 | Administration, Department of Homeland Security, or | ||||||
13 | Federal Bureau of Investigation; and | ||||||
14 | (4) one member with at least 5 years of experience as a | ||||||
15 | licensed physician or clinical psychologist with expertise | ||||||
16 | in the diagnosis and treatment of mental illness. | ||||||
17 | (b) The initial terms of the commissioners shall end on | ||||||
18 | January 12, 2015. Thereafter, the commissioners shall hold | ||||||
19 | office for 4 years, with terms expiring on the second Monday in | ||||||
20 | January of the fourth year. Commissioners may be reappointed. | ||||||
21 | Vacancies in the office of commissioner shall be filled in the | ||||||
22 | same manner as the original appointment, for the remainder of | ||||||
23 | the unexpired term. The Governor may remove a commissioner for | ||||||
24 | incompetence, neglect of duty, malfeasance, or inability to | ||||||
25 | serve. Commissioners shall receive compensation in an amount | ||||||
26 | equal to the compensation of members of the Executive Ethics |
| |||||||
| |||||||
1 | Commission and may be reimbursed for reasonable expenses | ||||||
2 | actually incurred in the performance of their Board duties, | ||||||
3 | from funds appropriated for that purpose. | ||||||
4 | (c) The Board shall meet at the call of the chairperson as | ||||||
5 | often as necessary to consider objections to applications for a | ||||||
6 | license under this Act. If necessary to ensure the | ||||||
7 | participation of a commissioner, the Board shall allow a | ||||||
8 | commissioner to participate in a Board meeting by electronic | ||||||
9 | communication. Any commissioner participating electronically | ||||||
10 | shall be deemed present for purposes of establishing a quorum | ||||||
11 | and voting. | ||||||
12 | (d) The Board shall adopt rules for the conduct of | ||||||
13 | hearings. The Board shall maintain a record of its decisions | ||||||
14 | and all materials considered in making its decisions. All Board | ||||||
15 | decisions and voting records shall be kept confidential and all | ||||||
16 | materials considered by the Board shall be exempt from | ||||||
17 | inspection except upon order of a court. | ||||||
18 | (e) In considering an objection of a law enforcement agency | ||||||
19 | or the Department, the Board shall review the materials | ||||||
20 | received with the objection from the law enforcement agency or | ||||||
21 | the Department. By a vote of at least 4 commissioners, the | ||||||
22 | Board may request additional information from the law | ||||||
23 | enforcement agency, Department, or the applicant, or the | ||||||
24 | testimony of the law enforcement agency, Department, or the | ||||||
25 | applicant. The Board may only consider information submitted by | ||||||
26 | the Department, a law enforcement agency, or the applicant. The |
| |||||||
| |||||||
1 | Board shall review each objection and determine by a majority | ||||||
2 | of commissioners whether an applicant is eligible for a | ||||||
3 | 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 | in accordance with subsection (e) of this Section, in which | ||||||
9 | case the Board shall make a decision within 30 days of | ||||||
10 | receipt of the required information from the applicant; | ||||||
11 | (2) the applicant agrees, in writing, to allow the | ||||||
12 | Board additional time to consider an objection; or | ||||||
13 | (3) the Board notifies the applicant and the Department | ||||||
14 | that the Board needs an additional 30 days to issue a | ||||||
15 | decision. | ||||||
16 | (g) If the Board determines by a preponderance of the | ||||||
17 | evidence that the applicant poses a danger to himself or | ||||||
18 | herself or others, or is a threat to public safety, then the | ||||||
19 | Board shall affirm the objection of the law enforcement agency | ||||||
20 | or the Department and shall notify the Department that the | ||||||
21 | applicant is ineligible for a license. If the Board does not | ||||||
22 | determine by a preponderance of the evidence that the applicant | ||||||
23 | poses a danger to himself or herself or others, or is a threat | ||||||
24 | to public safety, then the Board shall notify the Department | ||||||
25 | that the applicant is eligible for a license. | ||||||
26 | (h) Meetings of the Board shall not be subject to the Open |
| |||||||
| |||||||
1 | Meetings Act and records of the Board shall not be subject to | ||||||
2 | the Freedom of Information Act. | ||||||
3 | (i) The Board shall report monthly to the Governor and the | ||||||
4 | General Assembly on the number of objections received and | ||||||
5 | provide details of the circumstances in which the Board has | ||||||
6 | determined to deny licensure based on law enforcement or | ||||||
7 | Department objections under Section 15 of this Act. The report | ||||||
8 | shall not contain any identifying information about the | ||||||
9 | applicants. | ||||||
10 | Section 25. Qualifications for a license. | ||||||
11 | The Department shall issue a license to an applicant | ||||||
12 | completing an application in accordance with Section 30 of this | ||||||
13 | Act if the person: | ||||||
14 | (1) is at least 21 years of age; | ||||||
15 | (2) has a currently valid Firearm Owner's | ||||||
16 | Identification Card and at the time of application meets | ||||||
17 | the requirements for the issuance of a Firearm Owner's | ||||||
18 | Identification Card and is not prohibited under the Firearm | ||||||
19 | Owners Identification Card Act or federal law from | ||||||
20 | possessing or receiving a firearm; | ||||||
21 | (3) has not been convicted or found guilty in this | ||||||
22 | State or in any other state of: | ||||||
23 | (A) a misdemeanor involving the use or threat of | ||||||
24 | physical force or violence to any person within the 5 | ||||||
25 | years preceding the date of the license application; or |
| |||||||
| |||||||
1 | (B) 2 or more violations related to driving while | ||||||
2 | under the influence of alcohol, other drug or drugs, | ||||||
3 | intoxicating compound or compounds, or any combination | ||||||
4 | thereof, within the 5 years preceding the date of the | ||||||
5 | license application; and | ||||||
6 | (4) is not the subject of a pending arrest warrant, | ||||||
7 | prosecution, or proceeding for an offense or action that | ||||||
8 | could lead to disqualification to own or possess a firearm; | ||||||
9 | (5) has not been in residential or court-ordered | ||||||
10 | treatment for alcoholism, alcohol detoxification, or drug | ||||||
11 | treatment within the 5 years immediately preceding the date | ||||||
12 | of the license application; and | ||||||
13 | (6) has completed firearms training and any education | ||||||
14 | component required under Section 75 of this Act. | ||||||
15 | Section 30. Contents of license application. | ||||||
16 | (a) The license application shall be in writing, under | ||||||
17 | penalty of perjury, on a standard form adopted by the | ||||||
18 | Department and shall be accompanied by the documentation | ||||||
19 | required in this Section and the applicable fee. Each | ||||||
20 | application form shall include the following statement printed | ||||||
21 | in bold type: "Warning: Entering false information on this form | ||||||
22 | is punishable as perjury under Section 32-2 of the Criminal | ||||||
23 | Code of 2012." | ||||||
24 | (b) The application shall contain the following: | ||||||
25 | (1) the applicant's name, current address, date and |
| |||||||
| |||||||
1 | year of birth, place of birth, height, weight, hair color, | ||||||
2 | eye color, maiden name or any other name the applicant has | ||||||
3 | used or identified with, and any address where the | ||||||
4 | applicant resided for more than 30 days within the 10 years | ||||||
5 | preceding the date of the license application; | ||||||
6 | (2) the applicant's valid driver's license number or | ||||||
7 | valid state identification card number; | ||||||
8 | (3) a waiver of the applicant's privacy and | ||||||
9 | confidentiality rights and privileges under all federal | ||||||
10 | and state laws, including those limiting access to juvenile | ||||||
11 | court, criminal justice, psychological, or psychiatric | ||||||
12 | records or records relating to any institutionalization of | ||||||
13 | the applicant, and an affirmative request that a person | ||||||
14 | having custody of any of these records provide it or | ||||||
15 | information concerning it to the Department; | ||||||
16 | (4) an affirmation that the applicant possesses a | ||||||
17 | currently valid Firearm Owner's Identification Card and | ||||||
18 | card number if possessed or notice the applicant is | ||||||
19 | applying for a Firearm Owner's Identification Card in | ||||||
20 | conjunction with the license application; | ||||||
21 | (5) an affirmation that the applicant has not been | ||||||
22 | convicted or found guilty of: | ||||||
23 | (A) a felony; | ||||||
24 | (B) a misdemeanor involving the use or threat of | ||||||
25 | physical force or violence to any person within the 5 | ||||||
26 | years preceding the date of the application; or |
| |||||||
| |||||||
1 | (C) 2 or more violations related to driving while | ||||||
2 | under the influence of alcohol, other drug or drugs, | ||||||
3 | intoxicating compound or compounds, or any combination | ||||||
4 | thereof, within the 5 years preceding the date of the | ||||||
5 | license application; and | ||||||
6 | (6) whether the applicant has failed a drug test for a | ||||||
7 | drug for which the applicant did not have a prescription, | ||||||
8 | within the previous year, and if so, the provider of the | ||||||
9 | test, the specific substance involved, and the date of the | ||||||
10 | test; | ||||||
11 | (7) written consent for the Department to review and | ||||||
12 | use the applicant's Illinois digital driver's license or | ||||||
13 | Illinois identification card photograph and signature; | ||||||
14 | (8) a full set of fingerprints submitted to the | ||||||
15 | Department in electronic format, provided the Department | ||||||
16 | may accept an application submitted without a set of | ||||||
17 | fingerprints in which case the Department shall be granted | ||||||
18 | 30 days in addition to the 90 days provided under | ||||||
19 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
20 | license; | ||||||
21 | (9) a head and shoulder color photograph in a size | ||||||
22 | specified by the Department taken within the 30 days | ||||||
23 | preceding the date of the license application; and | ||||||
24 | (10) a photocopy of any certificates or other evidence | ||||||
25 | of compliance with the training requirements under this | ||||||
26 | Act. |
| |||||||
| |||||||
1 | Section 35. Investigation of the applicant. | ||||||
2 | The Department shall conduct a background check of the | ||||||
3 | applicant to ensure compliance with the requirements of this | ||||||
4 | Act and all federal, State, and local laws. The background | ||||||
5 | check shall include a search of the following: | ||||||
6 | (1) the National Instant Criminal Background Check | ||||||
7 | System of the Federal Bureau of Investigation; | ||||||
8 | (2) all available state and local criminal history | ||||||
9 | record information files, including records of juvenile | ||||||
10 | adjudications; | ||||||
11 | (3) all available federal, state, and local records | ||||||
12 | regarding wanted persons; | ||||||
13 | (4) all available federal, state, and local records of | ||||||
14 | domestic violence restraining and protective orders; | ||||||
15 | (5) the files of the Department of Human Services | ||||||
16 | relating to mental health and developmental disabilities; | ||||||
17 | and
| ||||||
18 | (6) all other available records of a federal, state, or | ||||||
19 | local agency or other public entity in any jurisdiction | ||||||
20 | likely to contain information relevant to whether the | ||||||
21 | applicant is prohibited from purchasing, possessing, or | ||||||
22 | carrying a firearm under federal, state, or local law. | ||||||
23 | (7) Fingerprints collected under Section 30 shall be | ||||||
24 | checked against the Department of State Police and Federal | ||||||
25 | Bureau of Investigation criminal history record databases |
| |||||||
| |||||||
1 | now and hereafter filed. The Department shall charge | ||||||
2 | applicants a fee for conducting the criminal history | ||||||
3 | records check, which shall be deposited in the State Police | ||||||
4 | Firearm Services Fund and shall not exceed the actual cost | ||||||
5 | of the records check. | ||||||
6 | Section 40. Non-resident license applications. | ||||||
7 | (a) For the purposes of this Section, "non-resident" means | ||||||
8 | a person who has not resided within this State for more than 30 | ||||||
9 | days and resides in another state or territory. | ||||||
10 | (b) The Department shall by rule allow for non-resident | ||||||
11 | license applications from any state or territory of the United | ||||||
12 | States with laws related to firearm ownership, possession, and | ||||||
13 | carrying, that are substantially similar to the requirements to | ||||||
14 | obtain a license under this Act. | ||||||
15 | (c) A resident of a state or territory approved by the | ||||||
16 | Department under subsection (b) of this Section may apply for a | ||||||
17 | non-resident license. The applicant shall apply to the | ||||||
18 | Department and must meet all of the qualifications established | ||||||
19 | in Section 25 of this Act, except for the Illinois residency | ||||||
20 | requirement in item (xiv) of paragraph (2) of subsection (a) of | ||||||
21 | Section 4 of the Firearm Owners Identification Card Act. The | ||||||
22 | applicant shall submit: | ||||||
23 | (1) the application and documentation required under | ||||||
24 | Section 30 of this Act and the applicable fee; | ||||||
25 | (2) a notarized document stating that the applicant: |
| |||||||
| |||||||
1 | (A) is eligible under federal law and the laws of | ||||||
2 | his or her state or territory of residence to own or | ||||||
3 | possess a firearm; | ||||||
4 | (B) if applicable, has a license or permit to carry | ||||||
5 | a firearm or concealed firearm issued by his or her | ||||||
6 | state or territory of residence and attach a copy of | ||||||
7 | the license or permit to the application; | ||||||
8 | (C) understands Illinois laws pertaining to the | ||||||
9 | possession and transport of firearms, and | ||||||
10 | (D) acknowledges that the applicant is subject to | ||||||
11 | the jurisdiction of the Department and Illinois courts | ||||||
12 | for any violation of this Act; and | ||||||
13 | (3) a photocopy of any certificates or other evidence | ||||||
14 | of compliance with the training requirements under Section | ||||||
15 | 75 of this Act; and | ||||||
16 | (4) a head and shoulder color photograph in a size | ||||||
17 | specified by the Department taken within the 30 days | ||||||
18 | preceding the date of the application. | ||||||
19 | (d) In lieu of an Illinois driver's license or Illinois | ||||||
20 | identification card, a non-resident applicant shall provide | ||||||
21 | similar documentation from his or her state or territory of | ||||||
22 | residence. In lieu of a valid Firearm Owner's Identification | ||||||
23 | Card, the applicant shall submit documentation and information | ||||||
24 | required by the Department to obtain a Firearm Owner's | ||||||
25 | Identification Card, including an affidavit that the | ||||||
26 | non-resident meets the mental health standards to obtain a |
| |||||||
| |||||||
1 | firearm under Illinois law, and the Department shall ensure | ||||||
2 | that the applicant would meet the eligibility criteria to | ||||||
3 | obtain a Firearm Owner's Identification card if he or she was a | ||||||
4 | resident of this State. | ||||||
5 | (e) Nothing in this Act shall prohibit a non-resident from | ||||||
6 | transporting a concealed handgun within his or her vehicle in | ||||||
7 | Illinois, if the concealed handgun remains within his or her | ||||||
8 | vehicle and the non-resident: | ||||||
9 | (1) is transporting the concealed handgun in | ||||||
10 | accordance with Article 24 of the Criminal Code of 2012 and | ||||||
11 | all other applicable provisions of law; | ||||||
12 | (2) is not prohibited from owning or possessing a | ||||||
13 | firearm under federal law; | ||||||
14 | (3) is eligible to carry a firearm in public under the | ||||||
15 | laws of his or her state or territory of residence; and | ||||||
16 | (4) is not in possession of a license under this Act. | ||||||
17 | If the non-resident leaves his or her vehicle unattended, | ||||||
18 | he or she shall store the firearm within a locked vehicle or | ||||||
19 | locked container within the vehicle. | ||||||
20 | Section 45. Civil immunity; Board, employees, and agents. | ||||||
21 | The Board, Department, local law enforcement agency, or | ||||||
22 | employees and agents of the Board, Department, or local law | ||||||
23 | enforcement agency participating in the licensing process | ||||||
24 | under this Act shall not be held liable for damages in any | ||||||
25 | civil action arising from alleged wrongful or improper |
| |||||||
| |||||||
1 | granting, denying, renewing, revoking, suspending, or failing | ||||||
2 | to grant, deny, renew, revoke, or suspend a license under this | ||||||
3 | Act, except for willful or wanton misconduct. | ||||||
4 | Section 50. License renewal. | ||||||
5 | Applications for renewal of a license shall be made to the | ||||||
6 | Department. A license shall be renewed for a period of 5 years | ||||||
7 | upon receipt of a completed renewal application, completion of | ||||||
8 | 3 hours of training required under Section 75 of this Section, | ||||||
9 | payment of the applicable renewal fee, and completion of an | ||||||
10 | investigation under Section 35 of this Act. The renewal | ||||||
11 | application shall contain the information required in Section | ||||||
12 | 30 of this Act, except that the applicant need not resubmit a | ||||||
13 | full set of fingerprints. | ||||||
14 | Section 55. Change of address or name; lost, destroyed, or | ||||||
15 | stolen licenses. | ||||||
16 | (a) A licensee shall notify the Department within 30 days | ||||||
17 | of moving or changing residence or any change of name. The | ||||||
18 | licensee shall submit: | ||||||
19 | (1) a notarized statement that the licensee has changed | ||||||
20 | his or her residence or his or her name, including the | ||||||
21 | prior and current address or name and the date the | ||||||
22 | applicant moved or changed his or her name; and | ||||||
23 | (2) the requisite fee. | ||||||
24 | (b) A licensee shall notify the Department within 10 days |
| |||||||
| |||||||
1 | of discovering that a license has been lost, destroyed, or | ||||||
2 | stolen. A lost, destroyed, or stolen license is invalid. To | ||||||
3 | request a replacement license, the licensee shall submit: | ||||||
4 | (1) a notarized statement that the licensee no longer | ||||||
5 | possesses the license, and that it was lost, destroyed, or | ||||||
6 | stolen; | ||||||
7 | (2) if applicable, a copy of a police report stating | ||||||
8 | that the license was stolen; and | ||||||
9 | (3) the requisite fee. | ||||||
10 | (c) A violation of this Section is a petty offense with a | ||||||
11 | fine of $150 which shall be deposited into the Mental Health | ||||||
12 | Reporting Fund. | ||||||
13 | Section 60. Fees. | ||||||
14 | (a) All fees collected under this Act shall be deposited as | ||||||
15 | provided in this Section. Application, renewal, and | ||||||
16 | replacement fees shall be non-refundable. | ||||||
17 | (b) An applicant for a new license or a renewal shall | ||||||
18 | submit $150 with the application, of which $120 shall be | ||||||
19 | apportioned to the State Police Firearm Services Fund, $20 | ||||||
20 | shall be apportioned to the Mental Health Reporting Fund, and | ||||||
21 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
22 | (c) A non-resident applicant for a new license or renewal | ||||||
23 | shall submit $300 with the application, of which $250 shall be | ||||||
24 | apportioned to the State Police Firearm Services Fund, $40 | ||||||
25 | shall be apportioned to the Mental Health Reporting Fund, and |
| |||||||
| |||||||
1 | $10 shall be apportioned to the State Crime Laboratory Fund. | ||||||
2 | (d) A licensee requesting a new license in accordance with | ||||||
3 | Section 55 shall submit $75, of which $60 shall be apportioned | ||||||
4 | to the State Police Firearm Services Fund, $5 shall be | ||||||
5 | apportioned to the Mental Health Reporting Fund, and $10 shall | ||||||
6 | be apportioned to the State Crime Laboratory Fund. | ||||||
7 | Section 65. Prohibited areas. | ||||||
8 | (a) A licensee under this Act shall not knowingly carry a | ||||||
9 | firearm on or into: | ||||||
10 | (1) Any building, real property, and parking area under | ||||||
11 | the control of a public or private elementary or secondary | ||||||
12 | school. | ||||||
13 | (2) Any building, real property, and parking area under | ||||||
14 | the control of a pre-school or child care facility, | ||||||
15 | including any room or portion of a building under the | ||||||
16 | control of a pre-school or child care facility. Nothing in | ||||||
17 | this paragraph shall prevent the operator of a child care | ||||||
18 | facility in a family home from owning or possessing a | ||||||
19 | firearm in the home or license under this Act, if no child | ||||||
20 | under child care at the home is present in the home or the | ||||||
21 | firearm in the home is stored in a locked container when a | ||||||
22 | child under child care at the home is present in the home. | ||||||
23 | (3) Any building, parking area, or portion of a | ||||||
24 | building under the control of an officer of the executive | ||||||
25 | or legislative branch of government, provided that nothing |
| |||||||
| |||||||
1 | in this paragraph shall prohibit a licensee from carrying a | ||||||
2 | concealed handgun onto the real property, bikeway, or trail | ||||||
3 | in a park regulated by the Department of Natural Resources | ||||||
4 | or any other designated public hunting area or building | ||||||
5 | where firearm possession is permitted as established by the | ||||||
6 | Department of Natural Resources under Section 1.8 of the | ||||||
7 | Wildlife Code. | ||||||
8 | (4) Any building designated for matters before a | ||||||
9 | circuit court, appellate court, or the Supreme Court, and | ||||||
10 | any building or portion of a building under the control of | ||||||
11 | the Supreme Court. | ||||||
12 | (5) Any building or portion of a building under the | ||||||
13 | control of a unit of local government. | ||||||
14 | (6) Any building, real property, and parking area under | ||||||
15 | the control of an adult or juvenile detention or | ||||||
16 | correctional institution, prison, or jail. | ||||||
17 | (7) Any building, real property, and parking area under | ||||||
18 | the control of a public or private hospital or hospital | ||||||
19 | affiliate, mental health facility, or nursing home. | ||||||
20 | (8) Any bus, train, or form of transportation paid for | ||||||
21 | in whole or in part with public funds, and any building, | ||||||
22 | real property, and parking area under the control of a | ||||||
23 | public transportation facility paid for in whole or in part | ||||||
24 | with public funds. | ||||||
25 | (9) Any building, real property, and parking area under | ||||||
26 | the control of an establishment that serves alcohol on its |
| |||||||
| |||||||
1 | premises. | ||||||
2 | (10) Any public gathering or special event conducted on | ||||||
3 | property open to the public that requires the issuance of a | ||||||
4 | permit from the unit of local government, provided this | ||||||
5 | prohibition shall not apply to a licensee who must walk | ||||||
6 | through a public gathering in order to access his or her | ||||||
7 | residence, place of business, or vehicle. | ||||||
8 | (11) Any building or real property that has been issued | ||||||
9 | a Special Event Retailer's license as defined in Section | ||||||
10 | 1-3.17.1 of the Liquor Control Act during the time | ||||||
11 | designated for the sale of alcohol by the special event | ||||||
12 | retailer's license, or a Special use permit license as | ||||||
13 | defined in subsection (q) of Section 5-1 of the Liquor | ||||||
14 | Control Act during the time designated for the sale of | ||||||
15 | alcohol by the Special use permit license. | ||||||
16 | (12) Any public playground. | ||||||
17 | (13) Any public park, athletic area, or athletic | ||||||
18 | facility under the control of a municipality or park | ||||||
19 | district, provided nothing in this Section shall prohibit a | ||||||
20 | licensee from carrying a concealed handgun while on a trail | ||||||
21 | or bikeway if only a portion of the trail or bikeway | ||||||
22 | includes a public park. | ||||||
23 | (14) Any real property under the control of the Cook | ||||||
24 | County Forest Preserve District. | ||||||
25 | (15) Any building, classroom, laboratory, medical | ||||||
26 | clinic, hospital, artistic venue, athletic venue, |
| |||||||
| |||||||
1 | entertainment venue, officially recognized | ||||||
2 | university-related organization property, whether owned or | ||||||
3 | leased, and any real property, including parking areas, | ||||||
4 | sidewalks, and common areas under the control of a public | ||||||
5 | or private community college, college, or university. | ||||||
6 | (16) Any building, real property, or parking area under | ||||||
7 | the control of a gaming facility licensed under the | ||||||
8 | Riverboat Gambling Act or the Illinois Horse Racing Act of | ||||||
9 | 1975, including an inter-track wagering location licensee. | ||||||
10 | (17) Any stadium, arena, or the real property or | ||||||
11 | parking area under the control of a stadium, arena, or any | ||||||
12 | collegiate or professional sporting event. | ||||||
13 | (18) Any building, real property, or parking area under | ||||||
14 | the control of a public library. | ||||||
15 | (19) Any building, real property, or parking area under | ||||||
16 | the control of an airport. | ||||||
17 | (20) Any building, real property, or parking area under | ||||||
18 | the control of an amusement park. | ||||||
19 | (21) Any building, real property, or parking area under | ||||||
20 | the control of a zoo or museum. | ||||||
21 | (22) Any street, driveway, parking area, property, | ||||||
22 | building, or facility, owned, leased, controlled, or used | ||||||
23 | by a nuclear energy, storage, weapons, or development site | ||||||
24 | or facility regulated by the federal Nuclear Regulatory | ||||||
25 | Commission. The licensee shall not under any circumstance | ||||||
26 | store a firearm or ammunition in his or her vehicle or in a |
| |||||||
| |||||||
1 | compartment or container within a vehicle located anywhere | ||||||
2 | in or on the street, driveway, parking area, property, | ||||||
3 | building, or facility described in this paragraph. | ||||||
4 | (23) Any area where firearms are prohibited under | ||||||
5 | federal law. | ||||||
6 | (a-5) Nothing in this Act shall prohibit a public or | ||||||
7 | private community college, college, or university from: | ||||||
8 | (1) prohibiting persons from carrying a firearm within | ||||||
9 | a vehicle owned, leased, or controlled by the college or | ||||||
10 | university; | ||||||
11 | (2) developing resolutions, regulations, or policies | ||||||
12 | regarding student, employee, or visitor misconduct and | ||||||
13 | discipline, including suspension and expulsion; | ||||||
14 | (3) developing resolutions, regulations, or policies | ||||||
15 | regarding the storage or maintenance of firearms, which | ||||||
16 | must include designated areas where persons can park | ||||||
17 | vehicles that carry firearms; and | ||||||
18 | (4) permitting the carrying or use of firearms for the | ||||||
19 | purpose of instruction and curriculum of officially | ||||||
20 | recognized programs, including but not limited to military | ||||||
21 | science and law enforcement training programs, or in any | ||||||
22 | designated area used for hunting purposes or target | ||||||
23 | shooting. | ||||||
24 | (a-10) The owner of private real property of any type may | ||||||
25 | prohibit firearms on the property under his or her control. The | ||||||
26 | owner must post a sign in accordance with subsection (d) of |
| |||||||
| |||||||
1 | this Section indicating that firearms are prohibited on the | ||||||
2 | property, unless the property is a private residence. | ||||||
3 | (b) Notwithstanding subsection (a) of this Section except | ||||||
4 | under paragraph (22) or (23) of subsection (a), any licensee | ||||||
5 | prohibited from carrying a concealed handgun into the parking | ||||||
6 | area of a prohibited location specified in subsection (a) of | ||||||
7 | this Section shall be permitted to carry a concealed handgun on | ||||||
8 | or about his or her person within a vehicle into the parking | ||||||
9 | area and may store a handgun or ammunition concealed in a case | ||||||
10 | within a locked vehicle or locked container out of plain view | ||||||
11 | within the vehicle in the parking area. A licensee may carry a | ||||||
12 | concealed handgun in the immediate area surrounding his or her | ||||||
13 | vehicle within a prohibited parking lot area only for the | ||||||
14 | limited purpose of storing or retrieving a handgun within the | ||||||
15 | vehicle's trunk, provided the licensee ensures the concealed | ||||||
16 | handgun is unloaded prior to exiting the vehicle. For purposes | ||||||
17 | of this subsection, "case" includes a glove compartment or | ||||||
18 | console that completely encloses the concealed handgun or | ||||||
19 | ammunition, the trunk of the vehicle, or a firearm carrying | ||||||
20 | box, shipping box, or other container. | ||||||
21 | (c) A licensee shall not be in violation of this Section | ||||||
22 | while he or she is traveling along a public right of way that | ||||||
23 | touches or crosses any of the premises under subsection (a) of | ||||||
24 | this Section if the concealed handgun is carried on his or her | ||||||
25 | person in accordance with the provisions of this Act or is | ||||||
26 | being transported in a vehicle by the licensee in accordance |
| |||||||
| |||||||
1 | with all other applicable provisions of law. | ||||||
2 | (d) Signs stating that the carrying of firearms is | ||||||
3 | prohibited shall be clearly and conspicuously posted at the | ||||||
4 | entrance of a building, premises, or real property specified in | ||||||
5 | this Section as a prohibited area, unless the building or | ||||||
6 | premises is a private residence. Signs shall be of a uniform | ||||||
7 | design as established by the Department and shall be 4 inches | ||||||
8 | by 6 inches in size. The Department shall adopt rules for | ||||||
9 | standardized signs to be used under this subsection. | ||||||
10 | Section 70. Violations. | ||||||
11 | (a) A license issued or renewed under this Act shall be | ||||||
12 | revoked if, at any time, the licensee is found to be ineligible | ||||||
13 | for a license under this Act or the licensee no longer meets | ||||||
14 | the eligibility requirements of the Firearm Owners | ||||||
15 | Identification Card Act. | ||||||
16 | (b) A license shall be suspended if an order of protection, | ||||||
17 | emergency order of protection, plenary order of protection, or | ||||||
18 | interim order of protection under Article 112A of the Code of | ||||||
19 | Criminal Procedure of 1963 or under the Illinois Domestic | ||||||
20 | Violence Act of 1986 is issued against a licensee for the | ||||||
21 | duration of the order, or if the Department is made aware of a | ||||||
22 | similar order issued against the licensee in any other | ||||||
23 | jurisdiction. If an order of protection is issued against a | ||||||
24 | licensee, the licensee shall surrender the license, as | ||||||
25 | applicable, to the court at the time the order is entered or to |
| |||||||
| |||||||
1 | the law enforcement agency or entity serving process at the | ||||||
2 | time the licensee is served the order. The court, law | ||||||
3 | enforcement agency, or entity responsible for serving the order | ||||||
4 | shall notify the Department within 7 days and transmit the | ||||||
5 | 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 or subsequent violation. The | ||||||
18 | Department may suspend a license for up to 6 months for a | ||||||
19 | second violation and shall permanently revoke a license for a | ||||||
20 | third violation. | ||||||
21 | (e) Except as otherwise provided, a licensee in violation | ||||||
22 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
23 | or subsequent violation is a Class A misdemeanor. The | ||||||
24 | Department may suspend a license for up to 6 months for a | ||||||
25 | second violation and shall permanently revoke a license for 3 | ||||||
26 | or more violations of Section 65 of this Act. Any person |
| |||||||
| |||||||
1 | convicted of a violation under this Section shall pay a $150 | ||||||
2 | fee to be deposited into the Mental Health Reporting Fund, plus | ||||||
3 | any applicable court costs or fees. | ||||||
4 | (f) A licensee convicted or found guilty of a violation of | ||||||
5 | this Act who has a valid license and is otherwise eligible to | ||||||
6 | carry a concealed firearm shall only be subject to the | ||||||
7 | penalties under this Section and shall not be subject to the | ||||||
8 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
9 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
10 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
11 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
12 | subsection, nothing in this subsection prohibits the licensee | ||||||
13 | from being subjected to penalties for violations other than | ||||||
14 | those specified in this Act. | ||||||
15 | (g) A licensee whose license is revoked, suspended, or | ||||||
16 | denied shall, within 48 hours of receiving notice of the | ||||||
17 | revocation, suspension, or denial surrender his or her | ||||||
18 | concealed carry license to the local law enforcement agency | ||||||
19 | where the person resides. The local law enforcement agency | ||||||
20 | shall provide the licensee a receipt and transmit the concealed | ||||||
21 | carry license to the Department of State Police. If the | ||||||
22 | licensee whose concealed carry license has been revoked, | ||||||
23 | suspended, or denied fails to comply with the requirements of | ||||||
24 | this subsection, the law enforcement agency where the person | ||||||
25 | resides may petition the circuit court to issue a warrant to | ||||||
26 | search for and seize the concealed carry license in the |
| |||||||
| |||||||
1 | possession and under the custody or control of the licensee | ||||||
2 | whose concealed carry license has been revoked, suspended, or | ||||||
3 | denied. The observation of a concealed carry license in the | ||||||
4 | possession of a person whose license has been revoked, | ||||||
5 | suspended, or denied constitutes a sufficient basis for the | ||||||
6 | arrest of that person for violation of this subsection. A | ||||||
7 | violation of this subsection is a Class A misdemeanor. | ||||||
8 | (h) A license issued or renewed under this Act shall be | ||||||
9 | revoked if, at any time, the licensee is found ineligible for a | ||||||
10 | Firearm Owner's Identification Card, or the licensee no longer | ||||||
11 | possesses a valid Firearm Owner's Identification Card. A | ||||||
12 | licensee whose license is revoked under this subsection (h) | ||||||
13 | shall surrender his or her concealed carry license as provided | ||||||
14 | for in subsection (g) of this Section. | ||||||
15 | This subsection shall not apply to a person who has filed | ||||||
16 | an application with the State Police for renewal of a Firearm
| ||||||
17 | Owner's Identification Card and who is otherwise eligible to | ||||||
18 | obtain a Firearm Owner's Identification Card. | ||||||
19 | Section 75. Applicant firearm training. | ||||||
20 | (a) Within 90 days of the effective date of this Act, the | ||||||
21 | Department shall begin approval of firearm training courses and | ||||||
22 | shall make a list of approved courses available of the | ||||||
23 | Department's website. | ||||||
24 | (b) An applicant for a new license shall provide proof of | ||||||
25 | completion of a firearms training course or combination of |
| |||||||
| |||||||
1 | courses approved by the Department of at least 16 hours, which | ||||||
2 | includes range qualification time under subsection (c) of this | ||||||
3 | Section, that covers the following: | ||||||
4 | (1) firearm safety; | ||||||
5 | (2) the basic principles of marksmanship; | ||||||
6 | (3) care, cleaning, loading, and unloading of a | ||||||
7 | concealable firearm; | ||||||
8 | (4) all applicable State and federal laws relating to | ||||||
9 | the ownership, storage, carry, and transportation of a | ||||||
10 | firearm; and | ||||||
11 | (5) instruction on the appropriate and lawful | ||||||
12 | interaction with law enforcement while transporting or | ||||||
13 | carrying a concealed firearm. | ||||||
14 | (c) An applicant for a new license shall provide proof of | ||||||
15 | certification by a certified instructor that the applicant | ||||||
16 | passed a live fire exercise with a concealable firearm | ||||||
17 | consisting of: | ||||||
18 | (1) a minimum of 30 rounds; and | ||||||
19 | (2) 10 rounds from a distance of 5 yards; 10 rounds | ||||||
20 | from a distance of 7 yards; and 10 rounds from a distance | ||||||
21 | of 10 yards at a B-27 silhouette target approved by the | ||||||
22 | Department. | ||||||
23 | (d) An applicant for renewal of a license shall provide | ||||||
24 | proof of completion of a firearms training course or | ||||||
25 | combination of courses approved by the Department of at least 3 | ||||||
26 | hours. |
| |||||||
| |||||||
1 | (e) A certificate of completion for an applicant firearm | ||||||
2 | training course shall not be issued to a student who: | ||||||
3 | (1) does not follow the orders of the certified | ||||||
4 | firearms instructor;
| ||||||
5 | (2) in the judgment of the certified instructor, | ||||||
6 | handles a firearm in a manner that poses a danger to the | ||||||
7 | student or to others; or
| ||||||
8 | (3) during the range firing portion of testing fails to | ||||||
9 | hit the target with 70% of the rounds fired. | ||||||
10 | (f) An instructor shall maintain a record of each student's | ||||||
11 | performance for at least 5 years, and shall make all records | ||||||
12 | available upon demand of authorized personnel of the | ||||||
13 | Department. | ||||||
14 | (g) The Department and certified firearms instructor shall | ||||||
15 | recognize up to 8 hours of training already completed toward | ||||||
16 | the 16 hour training requirement under this Section if the | ||||||
17 | training course is approved by the Department and recognized | ||||||
18 | under the laws of another state. Any remaining hours that the | ||||||
19 | applicant completes must at least cover the classroom subject | ||||||
20 | matter of paragraph (4) of subsection (b) of this Section, and | ||||||
21 | the range qualification in subsection (c) of this Section. | ||||||
22 | (h) A person who has qualified to carry a firearm as an | ||||||
23 | active law enforcement officer, a person certified as a | ||||||
24 | firearms instructor by this Act or by the Illinois Law | ||||||
25 | Enforcement Training Standards Board, or a person who has | ||||||
26 | completed the required training and has been issued a firearm |
| |||||||
| |||||||
1 | control card by the Department of Financial and Professional | ||||||
2 | Regulation shall be exempt from the requirements of this | ||||||
3 | Section. | ||||||
4 | Section 80. Firearms instructor training. | ||||||
5 | (a) Within 90 days of the effective date of this Act, the | ||||||
6 | Department shall begin approval of certified firearms | ||||||
7 | instructors and enter certified firearms instructors into an | ||||||
8 | online registry on the Department's website. | ||||||
9 | (b) A person who is not a certified firearms instructor | ||||||
10 | shall not teach applicant training courses or advertise or | ||||||
11 | otherwise represent courses they teach as qualifying their | ||||||
12 | students to meet the requirements to receive a license under | ||||||
13 | this Act. Each violation of this subsection is a business | ||||||
14 | offense with a fine of at least $1,000 per violation. | ||||||
15 | (c) A person seeking to become a certified firearms | ||||||
16 | instructor shall: | ||||||
17 | (1) be at least 21 years of age; | ||||||
18 | (2) be a legal resident of the United States; and | ||||||
19 | (3) meet the requirements of Section 25 of this Act, | ||||||
20 | and any additional uniformly applied requirements | ||||||
21 | established by the Department. | ||||||
22 | (d) A person seeking to become a certified firearms | ||||||
23 | instructor trainer, in addition to the requirements of | ||||||
24 | subsection (c) of this Section, shall: | ||||||
25 | (1) possess a high school diploma or GED certificate; |
| |||||||
| |||||||
1 | and | ||||||
2 | (2) have at least one of the following valid firearms | ||||||
3 | instructor certifications: | ||||||
4 | (A) certification from a law enforcement agency; | ||||||
5 | (B) certification from a firearm instructor course | ||||||
6 | offered by a State or federal governmental agency; | ||||||
7 | (C) certification from a firearm instructor | ||||||
8 | qualification course offered by the Illinois Law | ||||||
9 | Enforcement Training Standards Board; or | ||||||
10 | (D) certification from an entity approved by the | ||||||
11 | Department that offers firearm instructor education | ||||||
12 | and training in the use and safety of firearms. | ||||||
13 | (e) A person may have his or her firearms instructor | ||||||
14 | certification denied or revoked if he or she does not meet the | ||||||
15 | requirements to obtain a license under this Act, provides false | ||||||
16 | or misleading information to the Department, or has had a prior | ||||||
17 | instructor certification revoked or denied by the Department. | ||||||
18 | Section 85. Background Checks for Sales. | ||||||
19 | A license to carry a concealed handgun issued by this | ||||||
20 | State shall not exempt the licensee from the requirements of a | ||||||
21 | background check, including a check of the National Instant | ||||||
22 | Criminal Background Check System, upon purchase or transfer of | ||||||
23 | a firearm. | ||||||
24 | Section 87. Administrative and judicial review. |
| |||||||
| |||||||
1 | (a) Whenever an application for a concealed carry license | ||||||
2 | is denied, whenever the Department fails to act on an | ||||||
3 | application
within 90 days of its receipt, or whenever a | ||||||
4 | license is revoked or suspended as provided in this Act, the | ||||||
5 | aggrieved party may
appeal
to the Director for a hearing upon
| ||||||
6 | the denial, revocation, suspension, or failure to act on the | ||||||
7 | application, unless the denial
was made by the Concealed Carry | ||||||
8 | Licensing Review Board, in which case the
aggrieved party may | ||||||
9 | petition the circuit court in writing in the county of
his or | ||||||
10 | her residence for a hearing upon the denial. | ||||||
11 | (b) All final administrative decisions of the Department or | ||||||
12 | the Concealed Carry Licensing Review Board under this
Act shall | ||||||
13 | be subject to judicial review under the provisions of the | ||||||
14 | Administrative
Review Law. The term
"administrative decision" | ||||||
15 | is defined as in Section 3-101 of the Code of
Civil Procedure.
| ||||||
16 | Section 90. Preemption.
The regulation and licensing of the | ||||||
17 | carrying of firearms are exclusive powers and functions of the | ||||||
18 | State. This Section is a denial and limitation of home rule | ||||||
19 | powers and functions under subsection (h) of Section 6 of | ||||||
20 | Article VII of the Illinois Constitution.
| ||||||
21 | Section 92. Consolidation of concealed carry license and | ||||||
22 | Firearm Owner's Identification Card. | ||||||
23 | (a) The Director shall create a task force to develop a | ||||||
24 | plan to incorporate and consolidate the concealed carry license |
| |||||||
| |||||||
1 | under this Act and the Firearm Owner's Identification Card | ||||||
2 | under the Firearm Owners Identification Card Act into a | ||||||
3 | designation on the Illinois driver's license or Illinois | ||||||
4 | identification card of a person with authority to possess a | ||||||
5 | firearm under the Firearm Owners Identification Card Act, or | ||||||
6 | authority to possess a firearm under the Firearm Owners | ||||||
7 | Identification Card Act and authority to carry a concealed | ||||||
8 | handgun under this Act. The plan must provide for an | ||||||
9 | alternative card for: | ||||||
10 | (1) a non-resident or a resident without an Illinois | ||||||
11 | driver's license or Illinois identification card, who has | ||||||
12 | been granted authority under this Act to carry a concealed | ||||||
13 | handgun in this State; and | ||||||
14 | (2) a resident without an Illinois driver's license or | ||||||
15 | Illinois identification card, who has been granted | ||||||
16 | authority to possess a firearm under the Firearm Owners | ||||||
17 | Identification Card Act. | ||||||
18 | The plan shall include statutory changes necessary to | ||||||
19 | implement it. | ||||||
20 | (b) The task force shall consist of the following members: | ||||||
21 | (1) one member appointed by the Speaker of the House of | ||||||
22 | Representatives; | ||||||
23 | (2) one member appointed by the House of | ||||||
24 | Representatives Minority Leader; | ||||||
25 | (3) one member appointed by the President of the | ||||||
26 | Senate; |
| |||||||
| |||||||
1 | (4) one member appointed by the Senate Minority Leader; | ||||||
2 | (5) one member appointed by the Secretary of State; | ||||||
3 | (6) one member appointed by the Director of State | ||||||
4 | Police; | ||||||
5 | (7) one member appointed by the Speaker of the House of | ||||||
6 | Representatives representing the National Rifle | ||||||
7 | Association; | ||||||
8 | (8) one member appointed by the Governor from the | ||||||
9 | Department of Natural Resources; and | ||||||
10 | (9) one member appointed by the Governor representing | ||||||
11 | the Chicago Police Department. | ||||||
12 | The task force shall elect a chairperson from its | ||||||
13 | membership. Members shall serve without compensation. | ||||||
14 | (c) The task force shall file the plan supported by a | ||||||
15 | majority of its members with the General Assembly and the | ||||||
16 | Secretary of State on or before March 1, 2014. | ||||||
17 | (d) This Section is repealed on March 2, 2014. | ||||||
18 | Section 95. Procurement; rulemaking. | ||||||
19 | (a) The Department of State Police, in consultation with | ||||||
20 | and subject to the approval of the Chief Procurement Officer, | ||||||
21 | may procure a single contract or multiple contracts to | ||||||
22 | implement the provisions of this Act. A contract or contracts | ||||||
23 | under this paragraph are not subject to the provisions of the | ||||||
24 | Illinois Procurement Code, except for Sections 20-60, 20-65, | ||||||
25 | 20-70, and 20-160 and Article 50 of that Code, provided that |
| |||||||
| |||||||
1 | the Chief Procurement Officer may, in writing with | ||||||
2 | justification, waive any certification required under Article | ||||||
3 | 50. This exemption shall be repealed one year from the | ||||||
4 | effective date of this Act. | ||||||
5 | (b) The Department shall adopt rules to implement the | ||||||
6 | provisions of this Act. The Department may adopt rules | ||||||
7 | necessary to implement the provisions of this Act through the | ||||||
8 | use of emergency rulemaking in accordance with Section 5-45 of | ||||||
9 | the Illinois Administrative Procedure Act for a period not to | ||||||
10 | exceed 180 days after the effective date of this Act. | ||||||
11 | Section 100. Short title. Sections 100 through 110 may be | ||||||
12 | cited as the School Administrator Reporting of Mental Health | ||||||
13 | Clear and Present Danger Determinations Law. | ||||||
14 | Section 105. Duty of school administrator. It is the duty | ||||||
15 | of the principal
of a public elementary or secondary school, or | ||||||
16 | his or her designee, and the
chief administrative officer of a | ||||||
17 | private elementary or secondary school or a
public or private | ||||||
18 | community college, college, or university, or his or her
| ||||||
19 | designee, to report to the Department of State Police when a | ||||||
20 | student is determined to pose a clear and present danger to | ||||||
21 | himself, herself, or to others, within 24 hours of
the | ||||||
22 | determination as provided in Section 6-103.3 of the Mental | ||||||
23 | Health and Developmental Disabilities Code. "Clear and present | ||||||
24 | danger" has the meaning as defined in paragraph (2) of the |
| |||||||
| |||||||
1 | definition of "clear and present danger" in Section 1.1 of the | ||||||
2 | Firearm Owners Identification Card Act. | ||||||
3 | Section 110. Immunity. A principal or chief administrative | ||||||
4 | officer, or the designee of a principal of chief administrative | ||||||
5 | officer, making the determination and reporting under Section | ||||||
6 | 105 of this Law shall not be held criminally, civilly, or | ||||||
7 | professionally liable, except for willful or wanton | ||||||
8 | misconduct. | ||||||
9 | Section 115. The Open Meetings Act is amended by changing | ||||||
10 | Section 2 as follows:
| ||||||
11 | (5 ILCS 120/2) (from Ch. 102, par. 42)
| ||||||
12 | Sec. 2. Open meetings.
| ||||||
13 | (a) Openness required. All meetings of public
bodies shall | ||||||
14 | be open to the public unless excepted in subsection (c)
and | ||||||
15 | closed in accordance with Section 2a.
| ||||||
16 | (b) Construction of exceptions. The exceptions contained | ||||||
17 | in subsection
(c) are in derogation of the requirement that | ||||||
18 | public bodies
meet in the open, and therefore, the exceptions | ||||||
19 | are to be strictly
construed, extending only to subjects | ||||||
20 | clearly within their scope.
The exceptions authorize but do not | ||||||
21 | require the holding of
a closed meeting to discuss a subject | ||||||
22 | included within an enumerated exception.
| ||||||
23 | (c) Exceptions. A public body may hold closed meetings to |
| |||||||
| |||||||
1 | consider the
following subjects:
| ||||||
2 | (1) The appointment, employment, compensation, | ||||||
3 | discipline, performance,
or dismissal of specific | ||||||
4 | employees of the public body or legal counsel for
the | ||||||
5 | public body, including hearing
testimony on a complaint | ||||||
6 | lodged against an employee of the public body or
against | ||||||
7 | legal counsel for the public body to determine its | ||||||
8 | validity.
| ||||||
9 | (2) Collective negotiating matters between the public | ||||||
10 | body and its
employees or their representatives, or | ||||||
11 | deliberations concerning salary
schedules for one or more | ||||||
12 | classes of employees.
| ||||||
13 | (3) The selection of a person to fill a public office,
| ||||||
14 | as defined in this Act, including a vacancy in a public | ||||||
15 | office, when the public
body is given power to appoint | ||||||
16 | under law or ordinance, or the discipline,
performance or | ||||||
17 | removal of the occupant of a public office, when the public | ||||||
18 | body
is given power to remove the occupant under law or | ||||||
19 | ordinance.
| ||||||
20 | (4) Evidence or testimony presented in open hearing, or | ||||||
21 | in closed
hearing where specifically authorized by law, to
| ||||||
22 | a quasi-adjudicative body, as defined in this Act, provided | ||||||
23 | that the body
prepares and makes available for public | ||||||
24 | inspection a written decision
setting forth its | ||||||
25 | determinative reasoning.
| ||||||
26 | (5) The purchase or lease of real property for the use |
| |||||||
| |||||||
1 | of
the public body, including meetings held for the purpose | ||||||
2 | of discussing
whether a particular parcel should be | ||||||
3 | acquired.
| ||||||
4 | (6) The setting of a price for sale or lease of | ||||||
5 | property owned
by the public body.
| ||||||
6 | (7) The sale or purchase of securities, investments, or | ||||||
7 | investment
contracts. This exception shall not apply to the | ||||||
8 | investment of assets or income of funds deposited into the | ||||||
9 | Illinois Prepaid Tuition Trust Fund.
| ||||||
10 | (8) Security procedures and the use of personnel and
| ||||||
11 | equipment to respond to an actual, a threatened, or a | ||||||
12 | reasonably
potential danger to the safety of employees, | ||||||
13 | students, staff, the public, or
public
property.
| ||||||
14 | (9) Student disciplinary cases.
| ||||||
15 | (10) The placement of individual students in special | ||||||
16 | education
programs and other matters relating to | ||||||
17 | individual students.
| ||||||
18 | (11) Litigation, when an action against, affecting or | ||||||
19 | on behalf of the
particular public body has been filed and | ||||||
20 | is pending before a court or
administrative tribunal, or | ||||||
21 | when the public body finds that an action is
probable or | ||||||
22 | imminent, in which case the basis for the finding shall be
| ||||||
23 | recorded and entered into the minutes of the closed | ||||||
24 | meeting.
| ||||||
25 | (12) The establishment of reserves or settlement of | ||||||
26 | claims as provided
in the Local Governmental and |
| |||||||
| |||||||
1 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
2 | disposition of a claim or potential claim might be
| ||||||
3 | prejudiced, or the review or discussion of claims, loss or | ||||||
4 | risk management
information, records, data, advice or | ||||||
5 | communications from or with respect
to any insurer of the | ||||||
6 | public body or any intergovernmental risk management
| ||||||
7 | association or self insurance pool of which the public body | ||||||
8 | is a member.
| ||||||
9 | (13) Conciliation of complaints of discrimination in | ||||||
10 | the sale or rental
of housing, when closed meetings are | ||||||
11 | authorized by the law or ordinance
prescribing fair housing | ||||||
12 | practices and creating a commission or
administrative | ||||||
13 | agency for their enforcement.
| ||||||
14 | (14) Informant sources, the hiring or assignment of | ||||||
15 | undercover personnel
or equipment, or ongoing, prior or | ||||||
16 | future criminal investigations, when
discussed by a public | ||||||
17 | body with criminal investigatory responsibilities.
| ||||||
18 | (15) Professional ethics or performance when | ||||||
19 | considered by an advisory
body appointed to advise a | ||||||
20 | licensing or regulatory agency on matters
germane to the | ||||||
21 | advisory body's field of competence.
| ||||||
22 | (16) Self evaluation, practices and procedures or | ||||||
23 | professional ethics,
when meeting with a representative of | ||||||
24 | a statewide association of which the
public body is a | ||||||
25 | member.
| ||||||
26 | (17) The recruitment, credentialing, discipline or |
| |||||||
| |||||||
1 | formal peer review
of physicians or other
health care | ||||||
2 | professionals for a hospital, or
other institution | ||||||
3 | providing medical care, that is operated by the public | ||||||
4 | body.
| ||||||
5 | (18) Deliberations for decisions of the Prisoner | ||||||
6 | Review Board.
| ||||||
7 | (19) Review or discussion of applications received | ||||||
8 | under the
Experimental Organ Transplantation Procedures | ||||||
9 | Act.
| ||||||
10 | (20) The classification and discussion of matters | ||||||
11 | classified as
confidential or continued confidential by | ||||||
12 | the State Government Suggestion Award
Board.
| ||||||
13 | (21) Discussion of minutes of meetings lawfully closed | ||||||
14 | under this Act,
whether for purposes of approval by the | ||||||
15 | body of the minutes or semi-annual
review of the minutes as | ||||||
16 | mandated by Section 2.06.
| ||||||
17 | (22) Deliberations for decisions of the State
| ||||||
18 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
19 | (23) The operation by a municipality of a municipal | ||||||
20 | utility or the
operation of a
municipal power agency or | ||||||
21 | municipal natural gas agency when the
discussion involves | ||||||
22 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
23 | of electricity or natural gas or (ii) the results
or | ||||||
24 | conclusions of load forecast studies.
| ||||||
25 | (24) Meetings of a residential health care facility | ||||||
26 | resident sexual
assault and death review
team or
the |
| |||||||
| |||||||
1 | Executive
Council under the Abuse Prevention Review
Team | ||||||
2 | Act.
| ||||||
3 | (25) Meetings of an independent team of experts under | ||||||
4 | Brian's Law. | ||||||
5 | (26) Meetings of a mortality review team appointed | ||||||
6 | under the Department of Juvenile Justice Mortality Review | ||||||
7 | Team Act. | ||||||
8 | (27) Confidential information, when discussed by one | ||||||
9 | or more members of an elder abuse fatality review team, | ||||||
10 | designated under Section 15 of the Elder Abuse and Neglect | ||||||
11 | Act, while participating in a review conducted by that team | ||||||
12 | of the death of an elderly person in which abuse or neglect | ||||||
13 | is suspected, alleged, or substantiated; provided that | ||||||
14 | before the review team holds a closed meeting, or closes an | ||||||
15 | open meeting, to discuss the confidential information, | ||||||
16 | each participating review team member seeking to disclose | ||||||
17 | the confidential information in the closed meeting or | ||||||
18 | closed portion of the meeting must state on the record | ||||||
19 | during an open meeting or the open portion of a meeting the | ||||||
20 | nature of the information to be disclosed and the legal | ||||||
21 | basis for otherwise holding that information confidential. | ||||||
22 | (28) Correspondence and records (i) that may not be | ||||||
23 | disclosed under Section 11-9 of the Public Aid Code or (ii) | ||||||
24 | that pertain to appeals under Section 11-8 of the Public | ||||||
25 | Aid Code. | ||||||
26 | (29) Meetings between internal or external auditors |
| |||||||
| |||||||
1 | and governmental audit committees, finance committees, and | ||||||
2 | their equivalents, when the discussion involves internal | ||||||
3 | control weaknesses, identification of potential fraud risk | ||||||
4 | areas, known or suspected frauds, and fraud interviews | ||||||
5 | conducted in accordance with generally accepted auditing | ||||||
6 | standards of the United States of America. | ||||||
7 | (30) Meetings and deliberations for decisions of the | ||||||
8 | Concealed Carry Licensing Review Board under the Gun Safety | ||||||
9 | and Responsibility Act. | ||||||
10 | (d) Definitions. For purposes of this Section:
| ||||||
11 | "Employee" means a person employed by a public body whose | ||||||
12 | relationship
with the public body constitutes an | ||||||
13 | employer-employee relationship under
the usual common law | ||||||
14 | rules, and who is not an independent contractor.
| ||||||
15 | "Public office" means a position created by or under the
| ||||||
16 | Constitution or laws of this State, the occupant of which is | ||||||
17 | charged with
the exercise of some portion of the sovereign | ||||||
18 | power of this State. The term
"public office" shall include | ||||||
19 | members of the public body, but it shall not
include | ||||||
20 | organizational positions filled by members thereof, whether
| ||||||
21 | established by law or by a public body itself, that exist to | ||||||
22 | assist the
body in the conduct of its business.
| ||||||
23 | "Quasi-adjudicative body" means an administrative body | ||||||
24 | charged by law or
ordinance with the responsibility to conduct | ||||||
25 | hearings, receive evidence or
testimony and make | ||||||
26 | determinations based
thereon, but does not include
local |
| |||||||
| |||||||
1 | electoral boards when such bodies are considering petition | ||||||
2 | challenges.
| ||||||
3 | (e) Final action. No final action may be taken at a closed | ||||||
4 | meeting.
Final action shall be preceded by a public recital of | ||||||
5 | the nature of the
matter being considered and other information | ||||||
6 | that will inform the
public of the business being conducted.
| ||||||
7 | (Source: P.A. 96-1235, eff. 1-1-11; 96-1378, eff. 7-29-10; | ||||||
8 | 96-1428, eff. 8-11-10; 97-318, eff. 1-1-12; 97-333, eff. | ||||||
9 | 8-12-11; 97-452, eff. 8-19-11; 97-813, eff. 7-13-12; 97-876, | ||||||
10 | eff. 8-1-12.)
| ||||||
11 | Section 120. The Freedom of Information Act is amended by | ||||||
12 | changing Section 7.5 as follows: | ||||||
13 | (5 ILCS 140/7.5) | ||||||
14 | Sec. 7.5. Statutory Exemptions. To the extent provided for | ||||||
15 | by the statutes referenced below, the following shall be exempt | ||||||
16 | from inspection and copying: | ||||||
17 | (a) All information determined to be confidential under | ||||||
18 | Section 4002 of the Technology Advancement and Development Act. | ||||||
19 | (b) Library circulation and order records identifying | ||||||
20 | library users with specific materials under the Library Records | ||||||
21 | Confidentiality Act. | ||||||
22 | (c) Applications, related documents, and medical records | ||||||
23 | received by the Experimental Organ Transplantation Procedures | ||||||
24 | Board and any and all documents or other records prepared by |
| |||||||
| |||||||
1 | the Experimental Organ Transplantation Procedures Board or its | ||||||
2 | staff relating to applications it has received. | ||||||
3 | (d) Information and records held by the Department of | ||||||
4 | Public Health and its authorized representatives relating to | ||||||
5 | known or suspected cases of sexually transmissible disease or | ||||||
6 | any information the disclosure of which is restricted under the | ||||||
7 | Illinois Sexually Transmissible Disease Control Act. | ||||||
8 | (e) Information the disclosure of which is exempted under | ||||||
9 | Section 30 of the Radon Industry Licensing Act. | ||||||
10 | (f) Firm performance evaluations under Section 55 of the | ||||||
11 | Architectural, Engineering, and Land Surveying Qualifications | ||||||
12 | Based Selection Act. | ||||||
13 | (g) Information the disclosure of which is restricted and | ||||||
14 | exempted under Section 50 of the Illinois Prepaid Tuition Act. | ||||||
15 | (h) Information the disclosure of which is exempted under | ||||||
16 | the State Officials and Employees Ethics Act, and records of | ||||||
17 | any lawfully created State or local inspector general's office | ||||||
18 | that would be exempt if created or obtained by an Executive | ||||||
19 | Inspector General's office under that Act. | ||||||
20 | (i) Information contained in a local emergency energy plan | ||||||
21 | submitted to a municipality in accordance with a local | ||||||
22 | emergency energy plan ordinance that is adopted under Section | ||||||
23 | 11-21.5-5 of the Illinois Municipal Code. | ||||||
24 | (j) Information and data concerning the distribution of | ||||||
25 | surcharge moneys collected and remitted by wireless carriers | ||||||
26 | under the Wireless Emergency Telephone Safety Act. |
| |||||||
| |||||||
1 | (k) Law enforcement officer identification information or | ||||||
2 | driver identification information compiled by a law | ||||||
3 | enforcement agency or the Department of Transportation under | ||||||
4 | Section 11-212 of the Illinois Vehicle Code. | ||||||
5 | (l) Records and information provided to a residential | ||||||
6 | health care facility resident sexual assault and death review | ||||||
7 | team or the Executive Council under the Abuse Prevention Review | ||||||
8 | Team Act. | ||||||
9 | (m) Information provided to the predatory lending database | ||||||
10 | created pursuant to Article 3 of the Residential Real Property | ||||||
11 | Disclosure Act, except to the extent authorized under that | ||||||
12 | Article. | ||||||
13 | (n) Defense budgets and petitions for certification of | ||||||
14 | compensation and expenses for court appointed trial counsel as | ||||||
15 | provided under Sections 10 and 15 of the Capital Crimes | ||||||
16 | Litigation Act. This subsection (n) shall apply until the | ||||||
17 | conclusion of the trial of the case, even if the prosecution | ||||||
18 | chooses not to pursue the death penalty prior to trial or | ||||||
19 | sentencing. | ||||||
20 | (o) Information that is prohibited from being disclosed | ||||||
21 | under Section 4 of the Illinois Health and Hazardous Substances | ||||||
22 | Registry Act. | ||||||
23 | (p) Security portions of system safety program plans, | ||||||
24 | investigation reports, surveys, schedules, lists, data, or | ||||||
25 | information compiled, collected, or prepared by or for the | ||||||
26 | Regional Transportation Authority under Section 2.11 of the |
| |||||||
| |||||||
1 | Regional Transportation Authority Act or the St. Clair County | ||||||
2 | Transit District under the Bi-State Transit Safety Act. | ||||||
3 | (q) Information prohibited from being disclosed by the | ||||||
4 | Personnel Records Review Act. | ||||||
5 | (r) Information prohibited from being disclosed by the | ||||||
6 | Illinois School Student Records Act. | ||||||
7 | (s) Information the disclosure of which is restricted under | ||||||
8 | Section 5-108 of the Public Utilities Act.
| ||||||
9 | (t) All identified or deidentified health information in | ||||||
10 | the form of health data or medical records contained in, stored | ||||||
11 | in, submitted to, transferred by, or released from the Illinois | ||||||
12 | Health Information Exchange, and identified or deidentified | ||||||
13 | health information in the form of health data and medical | ||||||
14 | records of the Illinois Health Information Exchange in the | ||||||
15 | possession of the Illinois Health Information Exchange | ||||||
16 | Authority due to its administration of the Illinois Health | ||||||
17 | Information Exchange. The terms "identified" and | ||||||
18 | "deidentified" shall be given the same meaning as in the Health | ||||||
19 | Insurance Accountability and Portability Act of 1996, Public | ||||||
20 | Law 104-191, or any subsequent amendments thereto, and any | ||||||
21 | regulations promulgated thereunder. | ||||||
22 | (u) Records and information provided to an independent team | ||||||
23 | of experts under Brian's Law. | ||||||
24 | (v) Names and information of people who have applied for or | ||||||
25 | received Firearm Owner's Identification Cards under the | ||||||
26 | Firearm Owners Identification Card Act or applied for or |
| |||||||
| |||||||
1 | received a concealed carry license under the Gun Safety and | ||||||
2 | Responsibility Act, unless otherwise authorized by the Gun | ||||||
3 | Safety and Responsibility Act; and databases under the Gun | ||||||
4 | Safety and Responsibility Act, records of the Concealed Carry | ||||||
5 | Licensing Review Board under the Gun Safety and Responsibility | ||||||
6 | Act, and law enforcement agency objections under the Gun Safety | ||||||
7 | and Responsibility Act . | ||||||
8 | (w) Personally identifiable information which is exempted | ||||||
9 | from disclosure under subsection (g) of Section 19.1 of the | ||||||
10 | Toll Highway Act. | ||||||
11 | (x) Information which is exempted from disclosure under | ||||||
12 | Section 5-1014.3 of the Counties Code or Section 8-11-21 of the | ||||||
13 | Illinois Municipal Code. | ||||||
14 | (Source: P.A. 96-542, eff. 1-1-10; 96-1235, eff. 1-1-11; | ||||||
15 | 96-1331, eff. 7-27-10; 97-80, eff. 7-5-11; 97-333, eff. | ||||||
16 | 8-12-11; 97-342, eff. 8-12-11; 97-813, eff. 7-13-12; 97-976, | ||||||
17 | eff. 1-1-13.) | ||||||
18 | Section 122. The Secretary of State Act is amended by | ||||||
19 | adding Section 13.5 as follows: | ||||||
20 | (15 ILCS 305/13.5 new) | ||||||
21 | Sec. 13.5. Department of State Police access to driver's | ||||||
22 | license and identification card photographs. | ||||||
23 | The Secretary of State shall allow the Department of State | ||||||
24 | Police to access the driver's license or Illinois |
| |||||||
| |||||||
1 | Identification card photograph, if available, of an applicant | ||||||
2 | for a handgun concealed carry license under the Gun Safety and | ||||||
3 | Responsibility Act for the purpose of identifying the handgun | ||||||
4 | concealed carry license applicant and issuing a license to the | ||||||
5 | applicant. | ||||||
6 | Section 125. The Department of State Police Law of the
| ||||||
7 | Civil Administrative Code of Illinois is amended by changing | ||||||
8 | Section 2605-300 and by adding Section 2605-595 as follows:
| ||||||
9 | (20 ILCS 2605/2605-300) (was 20 ILCS 2605/55a in part)
| ||||||
10 | Sec. 2605-300. Records; crime laboratories; personnel. To | ||||||
11 | do
the
following:
| ||||||
12 | (1) Be a central repository and custodian of criminal
| ||||||
13 | statistics for the State.
| ||||||
14 | (2) Be a central repository for criminal history
record | ||||||
15 | information.
| ||||||
16 | (3) Procure and file for record information that is
| ||||||
17 | necessary and helpful to plan programs of crime prevention, | ||||||
18 | law
enforcement,
and criminal justice.
| ||||||
19 | (4) Procure and file for record copies of
fingerprints | ||||||
20 | that may be required by law.
| ||||||
21 | (5) Establish general and field
crime laboratories.
| ||||||
22 | (6) Register and file for record information that
may | ||||||
23 | be required by law for the issuance of firearm owner's | ||||||
24 | identification
cards under the Firearm Owners |
| |||||||
| |||||||
1 | Identification Card Act and concealed carry licenses under | ||||||
2 | the Gun Safety and Responsibility Act .
| ||||||
3 | (7) Employ polygraph operators, laboratory | ||||||
4 | technicians,
and
other
specially qualified persons to aid | ||||||
5 | in the identification of criminal
activity.
| ||||||
6 | (8) Undertake other identification, information,
| ||||||
7 | laboratory, statistical, or registration activities that | ||||||
8 | may be
required by law.
| ||||||
9 | (Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98;
90-372, | ||||||
10 | eff. 7-1-98;
90-590, eff. 1-1-00; 90-655, eff. 7-30-98; 90-793, | ||||||
11 | eff. 8-14-98;
91-239, eff. 1-1-00.)
| ||||||
12 | (20 ILCS 2605/2605-595 new) | ||||||
13 | Sec. 2605-595. State Police Firearm Services Fund. | ||||||
14 | (a) There is created in the State treasury a special fund | ||||||
15 | known as the State Police Firearm Services Fund. The Fund shall | ||||||
16 | receive revenue under the Gun Safety and Responsibility Act and | ||||||
17 | Section 5 of the Firearm Owners Identification Card Act. The | ||||||
18 | Fund may also receive revenue from grants, pass-through grants, | ||||||
19 | donations, appropriations, and any other legal source. | ||||||
20 | (b) The Department of State Police may use moneys in the | ||||||
21 | Fund to finance any of its lawful purposes, mandates, | ||||||
22 | functions, and duties under the Firearm Owners Identification | ||||||
23 | Card Act and the Gun Safety and Responsibility Act, including | ||||||
24 | the cost of sending notices of expiration of Firearm Owner's | ||||||
25 | Identification Cards, concealed carry licenses, the prompt and |
| |||||||
| |||||||
1 | efficient processing of applications under the Firearm Owners | ||||||
2 | Identification Card Act and the Gun Safety and Responsibility | ||||||
3 | Act, the improved efficiency and reporting of the Law | ||||||
4 | Enforcement Agencies Data System (LEADS) and federal NICS law | ||||||
5 | enforcement data systems, and support for investigations | ||||||
6 | required under these Acts and law. Any surplus funds beyond | ||||||
7 | what is needed to comply with the aforementioned purposes shall | ||||||
8 | be used by the Department to improve the LEADS and criminal | ||||||
9 | history background check system. | ||||||
10 | (c) Investment income that is attributable to the | ||||||
11 | investment of moneys in the Fund shall be retained in the Fund | ||||||
12 | for the uses specified in this Section. | ||||||
13 | Section 130. The State Finance Act is amended by adding | ||||||
14 | Sections 5.826, 5.827, and 6z-98 as follows: | ||||||
15 | (30 ILCS 105/5.826 new) | ||||||
16 | Sec. 5.826. The Mental Health Reporting Fund. | ||||||
17 | (30 ILCS 105/5.827 new) | ||||||
18 | Sec. 5.827. The State Police Firearm Services Fund. | ||||||
19 | (30 ILCS 105/6z-98 new) | ||||||
20 | Sec. 6z-98. The Mental Health Reporting Fund. | ||||||
21 | (a) There is created in the State treasury a special fund | ||||||
22 | known as the Mental Health Reporting Fund. The Fund shall |
| |||||||
| |||||||
1 | receive revenue under the Gun Safety and Responsibility Act. | ||||||
2 | The Fund may also receive revenue from grants, pass-through | ||||||
3 | grants, donations, appropriations, and any other legal source. | ||||||
4 | (b) The Department of State Police and Department of Human | ||||||
5 | Services shall coordinate to use moneys in the Fund to finance | ||||||
6 | their respective duties of collecting and reporting data on | ||||||
7 | mental health records and ensuring that mental health firearm | ||||||
8 | possession prohibitors are enforced as set forth under the Gun | ||||||
9 | Safety and Responsibility Act and the Firearm Owners | ||||||
10 | Identification Card Act. Any surplus in the Fund beyond what is | ||||||
11 | necessary to ensure compliance with mental health reporting | ||||||
12 | under these Acts shall be used by the Department of Human | ||||||
13 | Services for mental health treatment programs. | ||||||
14 | (c) Investment income that is attributable to the | ||||||
15 | investment of moneys in the Fund shall be retained in the Fund | ||||||
16 | for the uses specified in this Section. | ||||||
17 | (30 ILCS 105/5.206 rep.) | ||||||
18 | Section 135. The State Finance Act is amended by repealing | ||||||
19 | Section 5.206. | ||||||
20 | Section 140. The Illinois Explosives Act is amended by | ||||||
21 | changing Section 2005 as follows:
| ||||||
22 | (225 ILCS 210/2005) (from Ch. 96 1/2, par. 1-2005)
| ||||||
23 | Sec. 2005. Qualifications for licensure. |
| |||||||
| |||||||
1 | (a) No person shall qualify to hold a license who: | ||||||
2 | (1) is under 21 years of age; | ||||||
3 | (2) has been convicted in any court of a crime | ||||||
4 | punishable by imprisonment for a term exceeding one year; | ||||||
5 | (3) is under indictment for a crime punishable by | ||||||
6 | imprisonment for a term exceeding one year; | ||||||
7 | (4) is a fugitive from justice; | ||||||
8 | (5) is an unlawful user of or addicted to any | ||||||
9 | controlled substance as defined in Section 102 of the | ||||||
10 | federal Controlled Substances Act (21 U.S.C. Sec. 802 et | ||||||
11 | seq.); | ||||||
12 | (6) has been adjudicated a mentally disabled person as | ||||||
13 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
14 | Card Act mental defective ; or | ||||||
15 | (7) is not a legal citizen of the United States. | ||||||
16 | (b) A person who has been granted a "relief from | ||||||
17 | disabilities" regarding criminal convictions and indictments, | ||||||
18 | pursuant to the federal Safe Explosives Act (18 U.S.C. Sec. | ||||||
19 | 845) may receive a license provided all other qualifications | ||||||
20 | under this Act are met.
| ||||||
21 | (Source: P.A. 96-1194, eff. 1-1-11.)
| ||||||
22 | Section 145. The Mental Health and Developmental | ||||||
23 | Disabilities Code is amended by changing Section 6-103.1 and by | ||||||
24 | adding Sections 6-103.2 and 6-103.3 as follows: |
| |||||||
| |||||||
1 | (405 ILCS 5/6-103.1) | ||||||
2 | Sec. 6-103.1. Adjudication as a mentally disabled person | ||||||
3 | mental defective . | ||||||
4 | When a person has been adjudicated as a mentally disabled | ||||||
5 | person mental defective as defined in Section 1.1 of the | ||||||
6 | Firearm Owners Identification Card Act, including, but not | ||||||
7 | limited to, an adjudication as a disabled person as defined in | ||||||
8 | Section 11a-2 of the Probate Act of 1975, the court shall | ||||||
9 | direct
the circuit court clerk to immediately notify the
| ||||||
10 | Department of State Police, Firearm Owner's Identification
| ||||||
11 | (FOID) Office, in a form and manner prescribed by the | ||||||
12 | Department of State Police, and shall forward a copy of the | ||||||
13 | court order to the Department no later than 7 days after the | ||||||
14 | entry of the order. Upon receipt of the order, the Department | ||||||
15 | of State Police shall provide notification to the National | ||||||
16 | Instant Criminal Background Check System .
| ||||||
17 | (Source: P.A. 97-1131, eff. 1-1-13.) | ||||||
18 | (405 ILCS 5/6-103.2 new) | ||||||
19 | Sec. 6-103.2. Developmental disability; notice. | ||||||
20 | For purposes of this Section, if a person is determined to | ||||||
21 | be developmentally disabled as defined in Section 1.1 of the | ||||||
22 | Firearm Owners Identification Card Act by a physician, clinical | ||||||
23 | psychologist, or qualified examiner, whether practicing at a | ||||||
24 | public or by a private mental health facility or developmental | ||||||
25 | disability facility, the physician, clinical psychologist, or |
| |||||||
| |||||||
1 | qualified examiner shall notify the Department of Human | ||||||
2 | Services within 24 hours of making the determination that the | ||||||
3 | person has a developmental disability. The Department of Human | ||||||
4 | Services shall immediately update its records and information | ||||||
5 | relating to mental health and developmental disabilities, and | ||||||
6 | if appropriate, shall notify the Department of State Police in | ||||||
7 | a form and manner prescribed by the Department of State Police. | ||||||
8 | Information disclosed under this Section shall remain | ||||||
9 | privileged and confidential, and shall not be redisclosed, | ||||||
10 | except as required under subsection (e) of Section 3.1 of the | ||||||
11 | Firearm Owners Identification Card Act, nor used for any other | ||||||
12 | purpose. The method of providing this information shall | ||||||
13 | guarantee that the information is not released beyond that | ||||||
14 | which is necessary for the purpose of this Section and shall be | ||||||
15 | provided by rule by the Department of Human Services. The | ||||||
16 | identity of the person reporting under this Section shall not | ||||||
17 | be disclosed to the subject of the report. | ||||||
18 | The physician, clinical psychologist, or qualified | ||||||
19 | examiner making the determination and his or her employer may | ||||||
20 | not be held criminally, civilly, or professionally liable for | ||||||
21 | making or not making the notification required under this | ||||||
22 | Section, except for willful or wanton misconduct. | ||||||
23 | (405 ILCS 5/6-103.3 new) | ||||||
24 | Sec. 6-103.3. Clear and present danger; notice. | ||||||
25 | If a person is determined to pose a clear and present |
| |||||||
| |||||||
1 | danger to himself, herself, or to others by a physician, | ||||||
2 | clinical psychologist, or qualified examiner, whether employed | ||||||
3 | by the State, by any public or private mental health facility | ||||||
4 | or part thereof, or by a law enforcement official or a school | ||||||
5 | administrator, then the physician, clinical psychologist, | ||||||
6 | qualified examiner shall notify the Department of Human | ||||||
7 | Services and a law enforcement official or school administrator | ||||||
8 | shall notify the Department of State Police, within 24 hours of | ||||||
9 | making the determination that the person poses a clear and | ||||||
10 | present danger. The Department of Human Services shall | ||||||
11 | immediately update its records and information relating to | ||||||
12 | mental health and developmental disabilities, and if | ||||||
13 | appropriate, shall notify the Department of State Police in a | ||||||
14 | form and manner prescribed by the Department of State Police. | ||||||
15 | Information disclosed under this Section shall remain | ||||||
16 | privileged and confidential, and shall not be redisclosed, | ||||||
17 | except as required under subsection (e) of Section 3.1 of the | ||||||
18 | Firearm Owners Identification Card Act, nor used for any other | ||||||
19 | purpose. The method of providing this information shall | ||||||
20 | guarantee that the information is not released beyond that | ||||||
21 | which is necessary for the purpose of this Section and shall be | ||||||
22 | provided by rule by the Department of Human Services. The | ||||||
23 | identity of the person reporting under this Section shall not | ||||||
24 | be disclosed to the subject of the report. The physician, | ||||||
25 | clinical psychologist, qualified examiner, law enforcement | ||||||
26 | official, or school administrator making the determination and |
| |||||||
| |||||||
1 | his or her employer shall not be held criminally, civilly, or | ||||||
2 | professionally liable for making or not making the notification | ||||||
3 | required under this Section, except for willful or wanton | ||||||
4 | misconduct. This Section does not apply to a law enforcement | ||||||
5 | official, if making the notification under this Section will | ||||||
6 | interfere with an ongoing or pending criminal investigation. | ||||||
7 | For the purposes of this Section: | ||||||
8 | "Clear and present danger" has the meaning ascribed to | ||||||
9 | it in Section 1.1 of the Firearm Owners Identification Card | ||||||
10 | Act. | ||||||
11 | "School administrator" means the person required to | ||||||
12 | report under the School Administrator Reporting of Mental | ||||||
13 | Health Clear and Present Danger Determinations Law. | ||||||
14 | Section 150. The Firearm Owners Identification Card Act is | ||||||
15 | amended by changing Sections 1.1, 3.1, 4, 5, 8, 8.1, 9, 10, | ||||||
16 | 13.1, and 13.2 and by adding Sections 5.1 and 9.5 as follows:
| ||||||
17 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
18 | (Text of Section before amendment by P.A. 97-1167 ) | ||||||
19 | Sec. 1.1. For purposes of this Act:
| ||||||
20 | "Addicted to narcotics" means a person who has been: | ||||||
21 | (1) convicted of an offense involving the use or | ||||||
22 | possession of cannabis, a controlled substance, or | ||||||
23 | methamphetamine within the past year; or | ||||||
24 | (2) determined by the Department of State Police to be |
| |||||||
| |||||||
1 | addicted to narcotics based upon federal law or federal | ||||||
2 | guidelines. | ||||||
3 | "Addicted to narcotics" does not include possession or use | ||||||
4 | of a prescribed controlled substance under the direction and | ||||||
5 | authority of a physician or other person authorized to | ||||||
6 | prescribe the controlled substance when the controlled | ||||||
7 | substance is used in the prescribed manner. | ||||||
8 | " Adjudicated Has been adjudicated as a mentally disabled | ||||||
9 | person mental defective " means the person is the subject of a | ||||||
10 | determination by a court, board, commission or other lawful | ||||||
11 | authority that the a person, as a result of marked subnormal | ||||||
12 | intelligence, or mental illness, mental impairment, | ||||||
13 | incompetency, condition, or disease: | ||||||
14 | (1) presents a clear and present is a danger to | ||||||
15 | himself, herself, or to others; | ||||||
16 | (2) lacks the mental capacity to manage his or her own | ||||||
17 | affairs or is adjudicated a disabled person as defined in | ||||||
18 | Section 11a-2 of the Probate Act of 1975 ; | ||||||
19 | (3) is not guilty in a criminal case by reason of | ||||||
20 | insanity, mental disease or defect; | ||||||
21 | (3.5) is guilty but mentally ill, as provided in | ||||||
22 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
23 | (4) is incompetent to stand trial in a criminal case; | ||||||
24 | (5) is not guilty by reason of lack of mental | ||||||
25 | responsibility under pursuant to Articles 50a and 72b of | ||||||
26 | the Uniform Code of Military Justice, 10 U.S.C. 850a, |
| |||||||
| |||||||
1 | 876b ; . | ||||||
2 | (6) is a sexually violent person under subsection (f) | ||||||
3 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
4 | Act; | ||||||
5 | (7) has been found to be a sexually dangerous person | ||||||
6 | under the Sexually Dangerous Persons Act; | ||||||
7 | (8) is unfit to stand trial under the Juvenile Court | ||||||
8 | Act of 1987; | ||||||
9 | (9) is not guilty by reason of insanity under the | ||||||
10 | Juvenile Court Act of 1987; | ||||||
11 | (10) is subject to involuntary admission as an | ||||||
12 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
13 | and Development Disabilities Code; | ||||||
14 | (11) is subject to involuntary admission as an | ||||||
15 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
16 | Health and Developmental Disabilities Code; | ||||||
17 | (12) is subject to judicial admission as set forth in | ||||||
18 | Section 4-500 of the Mental Health and Developmental | ||||||
19 | Disabilities Code; or | ||||||
20 | (13) is subject to the provisions of the Interstate | ||||||
21 | Agreements on Sexually Dangerous Persons Act. | ||||||
22 | "Clear and present danger" means a person who: | ||||||
23 | (1) communicates a serious threat of physical violence | ||||||
24 | against a reasonably identifiable victim or poses a clear | ||||||
25 | and imminent risk of serious physical injury to himself, | ||||||
26 | herself, or another person as determined by a physician, |
| |||||||
| |||||||
1 | clinical psychologist, or qualified examiner; or | ||||||
2 | (2) demonstrates threatening physical or verbal | ||||||
3 | behavior, such as violent, suicidal, or assaultive | ||||||
4 | threats, actions, or other behavior, as determined by a | ||||||
5 | physician, clinical psychologist, qualified examiner, | ||||||
6 | school administrator, or law enforcement official. | ||||||
7 | "Clinical psychologist" has the meaning provided in | ||||||
8 | Section 1-103 of the Mental Health and Developmental | ||||||
9 | Disabilities Code. | ||||||
10 | "Controlled substance" means a controlled substance or | ||||||
11 | controlled substance analog as defined in the Illinois | ||||||
12 | Controlled Substances Act. | ||||||
13 | "Counterfeit" means to copy or imitate, without legal | ||||||
14 | authority, with
intent
to deceive. | ||||||
15 | "Developmentally disabled" means a disability which is | ||||||
16 | attributable to any other condition which results in impairment | ||||||
17 | similar to that caused by an intellectual disability and which | ||||||
18 | requires services similar to those required by intellectually | ||||||
19 | disabled persons. The disability must originate before the age | ||||||
20 | of 18
years, be expected to continue indefinitely, and | ||||||
21 | constitute a substantial handicap. | ||||||
22 | "Federally licensed firearm dealer" means a person who is | ||||||
23 | licensed as a federal firearms dealer under Section 923 of the | ||||||
24 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
25 | "Firearm" means any device, by
whatever name known, which | ||||||
26 | is designed to expel a projectile or projectiles
by the action |
| |||||||
| |||||||
1 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
2 | however:
| ||||||
3 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
4 | B-B gun which
expels a single globular projectile not | ||||||
5 | exceeding .18 inch in
diameter or which has a maximum | ||||||
6 | muzzle velocity of less than 700 feet
per second;
| ||||||
7 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
8 | B-B gun which expels breakable paint balls containing | ||||||
9 | washable marking colors;
| ||||||
10 | (2) any device used exclusively for signalling or | ||||||
11 | safety and required or
recommended by the United States | ||||||
12 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
13 | (3) any device used exclusively for the firing of stud | ||||||
14 | cartridges,
explosive rivets or similar industrial | ||||||
15 | ammunition; and
| ||||||
16 | (4) an antique firearm (other than a machine-gun) | ||||||
17 | which, although
designed as a weapon, the Department of | ||||||
18 | State Police finds by reason of
the date of its | ||||||
19 | manufacture, value, design, and other characteristics is
| ||||||
20 | primarily a collector's item and is not likely to be used | ||||||
21 | as a weapon.
| ||||||
22 | "Firearm ammunition" means any self-contained cartridge or | ||||||
23 | shotgun
shell, by whatever name known, which is designed to be | ||||||
24 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
25 | (1) any ammunition exclusively designed for use with a | ||||||
26 | device used
exclusively for signalling or safety and |
| |||||||
| |||||||
1 | required or recommended by the
United States Coast Guard or | ||||||
2 | the Interstate Commerce Commission; and
| ||||||
3 | (2) any ammunition designed exclusively for use with a | ||||||
4 | stud or rivet
driver or other similar industrial | ||||||
5 | ammunition. | ||||||
6 | "Gun show" means an event or function: | ||||||
7 | (1) at which the sale and transfer of firearms is the | ||||||
8 | regular and normal course of business and where 50 or more | ||||||
9 | firearms are displayed, offered, or exhibited for sale, | ||||||
10 | transfer, or exchange; or | ||||||
11 | (2) at which not less than 10 gun show vendors display, | ||||||
12 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
13 | firearms.
| ||||||
14 | "Gun show" includes the entire premises provided for an | ||||||
15 | event or function, including parking areas for the event or | ||||||
16 | function, that is sponsored to facilitate the purchase, sale, | ||||||
17 | transfer, or exchange of firearms as described in this Section.
| ||||||
18 | "Gun show" does not include training or safety classes, | ||||||
19 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
20 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
21 | banquets, raffles, or
any other event where the sale or | ||||||
22 | transfer of firearms is not the primary course of business. | ||||||
23 | "Gun show promoter" means a person who organizes or | ||||||
24 | operates a gun show. | ||||||
25 | "Gun show vendor" means a person who exhibits, sells, | ||||||
26 | offers for sale, transfers, or exchanges any firearms at a gun |
| |||||||
| |||||||
1 | show, regardless of whether the person arranges with a gun show | ||||||
2 | promoter for a fixed location from which to exhibit, sell, | ||||||
3 | offer for sale, transfer, or exchange any firearm. | ||||||
4 | "Intellectually disabled" means significantly subaverage | ||||||
5 | general intellectual functioning which exists concurrently | ||||||
6 | with impairment in adaptive behavior and which originates | ||||||
7 | before the age of 18 years. | ||||||
8 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
9 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
10 | Developmental Disabilities Code. | ||||||
11 | "Mental health facility" means any licensed private | ||||||
12 | hospital or hospital affiliate, institution, or facility, or | ||||||
13 | part thereof, and any facility, or part thereof, operated by | ||||||
14 | the State or a political subdivision thereof which provide | ||||||
15 | treatment of persons with mental illness and includes all | ||||||
16 | hospitals, institutions, clinics, evaluation facilities, | ||||||
17 | mental health centers, colleges, universities, long-term care | ||||||
18 | facilities, and nursing homes, or parts thereof, which provide | ||||||
19 | treatment of persons with mental illness whether or not the | ||||||
20 | primary purpose is to provide treatment of persons with mental | ||||||
21 | illness. | ||||||
22 | "Patient" means: | ||||||
23 | (1) a person who voluntarily receives mental health | ||||||
24 | treatment as an in-patient or resident of any public or | ||||||
25 | private mental health facility, unless the treatment was | ||||||
26 | solely for an alcohol abuse disorder and no other secondary |
| |||||||
| |||||||
1 | substance abuse disorder or mental illness; or | ||||||
2 | (2) a person who voluntarily receives mental health | ||||||
3 | treatment as an out-patient or is provided services by a | ||||||
4 | public or private mental health facility, and who poses a | ||||||
5 | clear and present danger to himself, herself, or to others. | ||||||
6 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
7 | the Mental Health and Developmental Disabilities Code. | ||||||
8 | "Qualified examiner" has the meaning provided in Section | ||||||
9 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
10 | "Sanctioned competitive shooting event" means a shooting | ||||||
11 | contest officially recognized by a national or state shooting | ||||||
12 | sport association, and includes any sight-in or practice | ||||||
13 | conducted in conjunction with the event.
| ||||||
14 | "School administrator" means the person required to report | ||||||
15 | under the School Administrator Reporting of Mental Health Clear | ||||||
16 | and Present Danger Determinations Law. | ||||||
17 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
18 | Section 24-1 of the Criminal Code of 2012. | ||||||
19 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13.) | ||||||
20 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
21 | Sec. 1.1. For purposes of this Act:
| ||||||
22 | "Addicted to narcotics" means a person who has been: | ||||||
23 | (1) convicted of an offense involving the use or | ||||||
24 | possession of cannabis, a controlled substance, or | ||||||
25 | methamphetamine within the past year; or |
| |||||||
| |||||||
1 | (2) determined by the Department of State Police to be | ||||||
2 | addicted to narcotics based upon federal law or federal | ||||||
3 | guidelines. | ||||||
4 | "Addicted to narcotics" does not include possession or use | ||||||
5 | of a prescribed controlled substance under the direction and | ||||||
6 | authority of a physician or other person authorized to | ||||||
7 | prescribe the controlled substance when the controlled | ||||||
8 | substance is used in the prescribed manner. | ||||||
9 | " Adjudicated Has been adjudicated as a mentally disabled | ||||||
10 | person mental defective " means the person is the subject of a | ||||||
11 | determination by a court, board, commission or other lawful | ||||||
12 | authority that the a person, as a result of marked subnormal | ||||||
13 | intelligence, or mental illness, mental impairment, | ||||||
14 | incompetency, condition, or disease: | ||||||
15 | (1) presents a clear and present is a danger to | ||||||
16 | himself, herself, or to others; | ||||||
17 | (2) lacks the mental capacity to manage his or her own | ||||||
18 | affairs or is adjudicated a disabled person as defined in | ||||||
19 | Section 11a-2 of the Probate Act of 1975 ; | ||||||
20 | (3) is not guilty in a criminal case by reason of | ||||||
21 | insanity, mental disease or defect; | ||||||
22 | (3.5) is guilty but mentally ill, as provided in | ||||||
23 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
24 | (4) is incompetent to stand trial in a criminal case; | ||||||
25 | (5) is not guilty by reason of lack of mental | ||||||
26 | responsibility under pursuant to Articles 50a and 72b of |
| |||||||
| |||||||
1 | the Uniform Code of Military Justice, 10 U.S.C. 850a, | ||||||
2 | 876b ; .
| ||||||
3 | (6) is a sexually violent person under subsection (f) | ||||||
4 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
5 | Act; | ||||||
6 | (7) is a sexually dangerous person under the Sexually | ||||||
7 | Dangerous Persons Act; or | ||||||
8 | (8) is unfit to stand trial under the Juvenile Court | ||||||
9 | Act of 1987; | ||||||
10 | (9) is not guilty by reason of insanity under the | ||||||
11 | Juvenile Court Act of 1987; | ||||||
12 | (10) is subject to involuntary admission as an | ||||||
13 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
14 | and Development Disabilities Code; | ||||||
15 | (11) is subject to involuntary admission as an | ||||||
16 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
17 | Health and Developmental Disabilities Code; | ||||||
18 | (12) is subject to judicial admission as set forth in | ||||||
19 | Section 4-500 of the Mental Health and Developmental | ||||||
20 | Disabilities Code; or | ||||||
21 | (13) is subject to the provisions of the Interstate | ||||||
22 | Agreements on Sexually Dangerous Persons Act. | ||||||
23 | "Clear and present danger" means a person who: | ||||||
24 | (1) communicates a serious threat of physical violence | ||||||
25 | against a reasonably identifiable victim or poses a clear | ||||||
26 | and imminent risk of serious physical injury to himself, |
| |||||||
| |||||||
1 | herself, or another person as determined by a physician, | ||||||
2 | clinical psychologist, or qualified examiner; or | ||||||
3 | (2) demonstrates threatening physical or verbal | ||||||
4 | behavior, such as violent, suicidal, or assaultive | ||||||
5 | threats, actions, or other behavior, as determined by a | ||||||
6 | physician, clinical psychologist, qualified examiner, | ||||||
7 | school administrator, or law enforcement official. | ||||||
8 | "Clinical psychologist" has the meaning provided in | ||||||
9 | Section 1-103 of the Mental Health and Developmental | ||||||
10 | Disabilities Code. | ||||||
11 | "Controlled substance" means a controlled substance or | ||||||
12 | controlled substance analog as defined in the Illinois | ||||||
13 | Controlled Substances Act. | ||||||
14 | "Counterfeit" means to copy or imitate, without legal | ||||||
15 | authority, with
intent
to deceive. | ||||||
16 | "Developmentally disabled" means a disability which is | ||||||
17 | attributable to any other condition which results in impairment | ||||||
18 | similar to that caused by an intellectual disability and which | ||||||
19 | requires services similar to those required by intellectually | ||||||
20 | disabled persons. The disability must originate before the age | ||||||
21 | of 18
years, be expected to continue indefinitely, and | ||||||
22 | constitute a substantial handicap. | ||||||
23 | "Federally licensed firearm dealer" means a person who is | ||||||
24 | licensed as a federal firearms dealer under Section 923 of the | ||||||
25 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
26 | "Firearm" means any device, by
whatever name known, which |
| |||||||
| |||||||
1 | is designed to expel a projectile or projectiles
by the action | ||||||
2 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
3 | however:
| ||||||
4 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
5 | B-B gun which
expels a single globular projectile not | ||||||
6 | exceeding .18 inch in
diameter or which has a maximum | ||||||
7 | muzzle velocity of less than 700 feet
per second;
| ||||||
8 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
9 | B-B gun which expels breakable paint balls containing | ||||||
10 | washable marking colors;
| ||||||
11 | (2) any device used exclusively for signalling or | ||||||
12 | safety and required or
recommended by the United States | ||||||
13 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
14 | (3) any device used exclusively for the firing of stud | ||||||
15 | cartridges,
explosive rivets or similar industrial | ||||||
16 | ammunition; and
| ||||||
17 | (4) an antique firearm (other than a machine-gun) | ||||||
18 | which, although
designed as a weapon, the Department of | ||||||
19 | State Police finds by reason of
the date of its | ||||||
20 | manufacture, value, design, and other characteristics is
| ||||||
21 | primarily a collector's item and is not likely to be used | ||||||
22 | as a weapon.
| ||||||
23 | "Firearm ammunition" means any self-contained cartridge or | ||||||
24 | shotgun
shell, by whatever name known, which is designed to be | ||||||
25 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
26 | (1) any ammunition exclusively designed for use with a |
| |||||||
| |||||||
1 | device used
exclusively for signalling or safety and | ||||||
2 | required or recommended by the
United States Coast Guard or | ||||||
3 | the Interstate Commerce Commission; and
| ||||||
4 | (2) any ammunition designed exclusively for use with a | ||||||
5 | stud or rivet
driver or other similar industrial | ||||||
6 | ammunition. | ||||||
7 | "Gun show" means an event or function: | ||||||
8 | (1) at which the sale and transfer of firearms is the | ||||||
9 | regular and normal course of business and where 50 or more | ||||||
10 | firearms are displayed, offered, or exhibited for sale, | ||||||
11 | transfer, or exchange; or | ||||||
12 | (2) at which not less than 10 gun show vendors display, | ||||||
13 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
14 | firearms.
| ||||||
15 | "Gun show" includes the entire premises provided for an | ||||||
16 | event or function, including parking areas for the event or | ||||||
17 | function, that is sponsored to facilitate the purchase, sale, | ||||||
18 | transfer, or exchange of firearms as described in this Section.
| ||||||
19 | "Gun show" does not include training or safety classes, | ||||||
20 | competitive shooting events, such as rifle, shotgun, or handgun | ||||||
21 | matches, trap, skeet, or sporting clays shoots, dinners, | ||||||
22 | banquets, raffles, or
any other event where the sale or | ||||||
23 | transfer of firearms is not the primary course of business. | ||||||
24 | "Gun show promoter" means a person who organizes or | ||||||
25 | operates a gun show. | ||||||
26 | "Gun show vendor" means a person who exhibits, sells, |
| |||||||
| |||||||
1 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
2 | show, regardless of whether the person arranges with a gun show | ||||||
3 | promoter for a fixed location from which to exhibit, sell, | ||||||
4 | offer for sale, transfer, or exchange any firearm. | ||||||
5 | "Intellectually disabled" means significantly subaverage | ||||||
6 | general intellectual functioning which exists concurrently | ||||||
7 | with impairment in adaptive behavior and which originates | ||||||
8 | before the age of 18 years. | ||||||
9 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
10 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
11 | Developmental Disabilities Code. | ||||||
12 | "Mental health facility institution " means any licensed | ||||||
13 | private hospital or hospital affiliate , institution, or | ||||||
14 | facility, or part thereof, and any facility, or part thereof, | ||||||
15 | operated by the State or a political subdivision thereof which | ||||||
16 | provide clinic, evaluation facility, mental health center, or | ||||||
17 | part thereof, which is used primarily for the care or treatment | ||||||
18 | of persons with mental illness and includes all hospitals, | ||||||
19 | institutions, clinics, evaluation facilities, mental health | ||||||
20 | centers, colleges, universities, long-term care facilities, | ||||||
21 | and nursing homes, or parts thereof, which provide treatment of | ||||||
22 | persons with mental illness whether or not the primary purpose | ||||||
23 | is to provide treatment of persons with mental illness . | ||||||
24 | "Patient" means: | ||||||
25 | (1) a person who voluntarily receives mental health | ||||||
26 | treatment as an in-patient or resident of any public or |
| |||||||
| |||||||
1 | private mental health facility, unless the treatment was | ||||||
2 | solely for an alcohol abuse disorder and no other secondary | ||||||
3 | substance abuse disorder or mental illness; or | ||||||
4 | (2) a person who voluntarily receives mental health | ||||||
5 | treatment as an out-patient or is provided services by a | ||||||
6 | public or private mental health facility, and who poses a | ||||||
7 | clear and present danger to himself, herself, or to others. | ||||||
8 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
9 | the Mental Health and Developmental Disabilities Code. | ||||||
10 | "Qualified examiner" has the meaning provided in Section | ||||||
11 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
12 | "Patient in a mental institution" means the person was | ||||||
13 | admitted, either voluntarily or involuntarily, to a mental | ||||||
14 | institution for mental health treatment, unless the treatment | ||||||
15 | was voluntary and solely for an alcohol abuse disorder and no | ||||||
16 | other secondary substance abuse disorder or mental illness. | ||||||
17 | "Sanctioned competitive shooting event" means a shooting | ||||||
18 | contest officially recognized by a national or state shooting | ||||||
19 | sport association, and includes any sight-in or practice | ||||||
20 | conducted in conjunction with the event.
| ||||||
21 | "School administrator" means the person required to report | ||||||
22 | under the School Administrator Reporting of Mental Health Clear | ||||||
23 | and Present Danger Determinations Law. | ||||||
24 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
25 | Section 24-1 of the Criminal Code of 2012. | ||||||
26 | (Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; |
| |||||||
| |||||||
1 | 97-1167, eff. 6-1-13.)
| ||||||
2 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
3 | Sec. 3.1. Dial up system. | ||||||
4 | (a) The Department of State Police shall provide
a dial up | ||||||
5 | telephone system or utilize other existing technology which | ||||||
6 | shall be used by any federally licensed
firearm dealer, gun | ||||||
7 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
8 | stun gun, or taser under the provisions of this
Act. The | ||||||
9 | Department of State Police may utilize existing technology | ||||||
10 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
11 | Fees collected by the Department of
State Police shall be | ||||||
12 | deposited in the State Police Services Fund and used
to provide | ||||||
13 | the service.
| ||||||
14 | (b) Upon receiving a request from a federally licensed | ||||||
15 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
16 | Department of State Police shall immediately approve, or within | ||||||
17 | the time
period established by Section 24-3 of the Criminal | ||||||
18 | Code of 2012 regarding
the delivery of firearms, stun guns, and | ||||||
19 | tasers notify the inquiring dealer, gun show promoter, or gun | ||||||
20 | show vendor of any objection that
would disqualify the | ||||||
21 | transferee from acquiring or possessing a firearm, stun gun, or | ||||||
22 | taser. In
conducting the inquiry, the Department of State | ||||||
23 | Police shall initiate and
complete an automated search of its | ||||||
24 | criminal history record information
files and those of the | ||||||
25 | Federal Bureau of Investigation, including the
National |
| |||||||
| |||||||
1 | Instant Criminal Background Check System, and of the files of
| ||||||
2 | the Department of Human Services relating to mental health and
| ||||||
3 | developmental disabilities to obtain
any felony conviction or | ||||||
4 | patient hospitalization information which would
disqualify a | ||||||
5 | person from obtaining or require revocation of a currently
| ||||||
6 | valid Firearm Owner's Identification Card. | ||||||
7 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
8 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
9 | Department of State Police shall: | ||||||
10 | (1) assign a unique identification number to the | ||||||
11 | transfer; and | ||||||
12 | (2) provide the licensee, gun show promoter, or gun | ||||||
13 | show vendor with the number. | ||||||
14 | (d) Approvals issued by the Department of State Police for | ||||||
15 | the purchase of a firearm are valid for 30 days from the date | ||||||
16 | of issue.
| ||||||
17 | (e) (1) The Department of State Police must act as the | ||||||
18 | Illinois Point of Contact
for the National Instant Criminal | ||||||
19 | Background Check System. | ||||||
20 | (2) The Department of State Police and the Department of | ||||||
21 | Human Services shall, in accordance with State and federal law | ||||||
22 | regarding confidentiality, enter into a memorandum of | ||||||
23 | understanding with the Federal Bureau of Investigation for the | ||||||
24 | purpose of implementing the National Instant Criminal | ||||||
25 | Background Check System in the State. The Department of State | ||||||
26 | Police shall report the name, date of birth, and physical |
| |||||||
| |||||||
1 | description of any person prohibited from possessing a firearm | ||||||
2 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
3 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
4 | Background Check System Index, Denied Persons Files.
| ||||||
5 | (3) The Department of State Police shall provide notice of | ||||||
6 | the disqualification of a person under subsection (b) of this | ||||||
7 | Section or the revocation of a person's Firearm Owner's | ||||||
8 | Identification Card under Section 8 of this Act, and the reason | ||||||
9 | for the disqualification or revocation, to all law enforcement | ||||||
10 | agencies with jurisdiction to assist with the seizure of the | ||||||
11 | person's Firearm Owner's Identification Card. | ||||||
12 | (f) The Department of State Police shall adopt promulgate | ||||||
13 | rules not inconsistent with this Section to implement this
| ||||||
14 | system.
| ||||||
15 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
16 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
17 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
18 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
19 | Identification Card must:
| ||||||
20 | (1) Make application on blank forms prepared and | ||||||
21 | furnished at convenient
locations throughout the State by | ||||||
22 | the Department of State Police, or by
electronic means, if | ||||||
23 | and when made available by the Department of State
Police; | ||||||
24 | and
| ||||||
25 | (2) Submit evidence to the Department of State Police |
| |||||||
| |||||||
1 | that:
| ||||||
2 | (i) He or she is 21 years of age or over, or if he | ||||||
3 | or she is under 21
years of age that he or she has the | ||||||
4 | written consent of his or her parent or
legal guardian | ||||||
5 | to possess and acquire firearms and firearm ammunition | ||||||
6 | and that
he or she has never been convicted of a | ||||||
7 | misdemeanor other than a traffic
offense or adjudged
| ||||||
8 | delinquent, provided, however, that such parent or | ||||||
9 | legal guardian is not an
individual prohibited from | ||||||
10 | having a Firearm Owner's Identification Card and
files | ||||||
11 | an affidavit with the Department as prescribed by the | ||||||
12 | Department
stating that he or she is not an individual | ||||||
13 | prohibited from having a Card;
| ||||||
14 | (ii) He or she has not been convicted of a felony | ||||||
15 | under the laws of
this or any other jurisdiction;
| ||||||
16 | (iii) He or she is not addicted to narcotics;
| ||||||
17 | (iv) He or she has not been a patient in a mental | ||||||
18 | health facility institution within
the past 5 years or, | ||||||
19 | if he or she has been a patient in a mental health | ||||||
20 | facility more than 5 years ago submit the certification | ||||||
21 | required under subsection (u) of Section 8 of this | ||||||
22 | Act and he or she has not been adjudicated as a mental | ||||||
23 | defective ;
| ||||||
24 | (v) He or she is not intellectually disabled;
| ||||||
25 | (vi) He or she is not an alien who is unlawfully | ||||||
26 | present in the
United States under the laws of the |
| |||||||
| |||||||
1 | United States;
| ||||||
2 | (vii) He or she is not subject to an existing order | ||||||
3 | of protection
prohibiting him or her from possessing a | ||||||
4 | firearm;
| ||||||
5 | (viii) He or she has not been convicted within the | ||||||
6 | past 5 years of
battery, assault, aggravated assault, | ||||||
7 | violation of an order of
protection, or a substantially | ||||||
8 | similar offense in another jurisdiction, in
which a | ||||||
9 | firearm was used or possessed;
| ||||||
10 | (ix) He or she has not been convicted of domestic | ||||||
11 | battery, aggravated domestic battery, or a
| ||||||
12 | substantially similar offense in another
jurisdiction | ||||||
13 | committed before, on or after January 1, 2012 (the | ||||||
14 | effective date of Public Act 97-158). If the applicant | ||||||
15 | knowingly and intelligently waives the right to have an | ||||||
16 | offense described in this clause (ix) tried by a jury, | ||||||
17 | and by guilty plea or otherwise, results in a | ||||||
18 | conviction for an offense in which a domestic | ||||||
19 | relationship is not a required element of the offense | ||||||
20 | but in which a determination of the applicability of 18 | ||||||
21 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
22 | Code of Criminal Procedure of 1963, an entry by the | ||||||
23 | court of a judgment of conviction for that offense | ||||||
24 | shall be grounds for denying the issuance of a Firearm | ||||||
25 | Owner's Identification Card under this Section;
| ||||||
26 | (x) (Blank);
|
| |||||||
| |||||||
1 | (xi) He or she is not an alien who has been | ||||||
2 | admitted to the United
States under a non-immigrant | ||||||
3 | visa (as that term is defined in Section
101(a)(26) of | ||||||
4 | the Immigration and Nationality Act (8 U.S.C. | ||||||
5 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
6 | been lawfully admitted to the United
States under a | ||||||
7 | non-immigrant visa if that alien is:
| ||||||
8 | (1) admitted to the United States for lawful | ||||||
9 | hunting or sporting
purposes;
| ||||||
10 | (2) an official representative of a foreign | ||||||
11 | government who is:
| ||||||
12 | (A) accredited to the United States | ||||||
13 | Government or the Government's
mission to an | ||||||
14 | international organization having its | ||||||
15 | headquarters in the United
States; or
| ||||||
16 | (B) en route to or from another country to | ||||||
17 | which that alien is
accredited;
| ||||||
18 | (3) an official of a foreign government or | ||||||
19 | distinguished foreign
visitor who has been so | ||||||
20 | designated by the Department of State;
| ||||||
21 | (4) a foreign law enforcement officer of a | ||||||
22 | friendly foreign
government entering the United | ||||||
23 | States on official business; or
| ||||||
24 | (5) one who has received a waiver from the | ||||||
25 | Attorney General of the
United States pursuant to | ||||||
26 | 18 U.S.C. 922(y)(3);
|
| |||||||
| |||||||
1 | (xii) He or she is not a minor subject to a | ||||||
2 | petition filed
under Section 5-520 of the Juvenile | ||||||
3 | Court Act of 1987 alleging that the
minor is a | ||||||
4 | delinquent minor for the commission of an offense that | ||||||
5 | if
committed by an adult would be a felony;
| ||||||
6 | (xiii) He or she is not an adult who had been | ||||||
7 | adjudicated a delinquent
minor under the Juvenile | ||||||
8 | Court Act of 1987 for the commission of an offense
that | ||||||
9 | if committed by an adult would be a felony; and
| ||||||
10 | (xiv) He or she is a resident of the State of | ||||||
11 | Illinois; and | ||||||
12 | (xv) He or she has not been adjudicated as a | ||||||
13 | mentally disabled person; | ||||||
14 | (xvi) He or she has not been involuntarily admitted | ||||||
15 | into a mental health facility; and | ||||||
16 | (xvii) He or she is not developmentally disabled; | ||||||
17 | and
| ||||||
18 | (3) Upon request by the Department of State Police, | ||||||
19 | sign a release on a
form prescribed by the Department of | ||||||
20 | State Police waiving any right to
confidentiality and | ||||||
21 | requesting the disclosure to the Department of State Police
| ||||||
22 | of limited mental health institution admission information | ||||||
23 | from another state,
the District of Columbia, any other | ||||||
24 | territory of the United States, or a
foreign nation | ||||||
25 | concerning the applicant for the sole purpose of | ||||||
26 | determining
whether the applicant is or was a patient in a |
| |||||||
| |||||||
1 | mental health institution and
disqualified because of that | ||||||
2 | status from receiving a Firearm Owner's
Identification | ||||||
3 | Card. No mental health care or treatment records may be
| ||||||
4 | requested. The information received shall be destroyed | ||||||
5 | within one year of
receipt.
| ||||||
6 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
7 | Card who is over
the age of 18 shall furnish to the Department | ||||||
8 | of State Police either his or
her Illinois driver's license | ||||||
9 | number or Illinois Identification Card number, except as
| ||||||
10 | provided in subsection (a-10).
| ||||||
11 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
12 | Card,
who is employed as a law enforcement officer, an armed | ||||||
13 | security officer in Illinois, or by the United States Military
| ||||||
14 | permanently assigned in Illinois and who is not an Illinois | ||||||
15 | resident, shall furnish to
the Department of State Police his | ||||||
16 | or her driver's license number or state
identification card | ||||||
17 | number from his or her state of residence. The Department
of | ||||||
18 | State Police may adopt promulgate rules to enforce the | ||||||
19 | provisions of this
subsection (a-10).
| ||||||
20 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
21 | Identification Card moves from the residence address named in | ||||||
22 | the application, he or she shall immediately notify in a form | ||||||
23 | and manner prescribed by the Department of State Police of that | ||||||
24 | change of address. | ||||||
25 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
26 | Card shall furnish to the Department of State Police his or her |
| |||||||
| |||||||
1 | photograph. An applicant who is 21 years of age or older | ||||||
2 | seeking a religious exemption to the photograph requirement | ||||||
3 | must furnish with the application an approved copy of United | ||||||
4 | States Department of the Treasury Internal Revenue Service Form | ||||||
5 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
6 | seeking a religious exemption to the photograph requirement | ||||||
7 | shall submit fingerprints on a form and manner prescribed by | ||||||
8 | the Department with his or her application. | ||||||
9 | (b) Each application form shall include the following | ||||||
10 | statement printed in
bold type: "Warning: Entering false | ||||||
11 | information on an application for a Firearm
Owner's | ||||||
12 | Identification Card is punishable as a Class 2 felony in | ||||||
13 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
14 | Owners Identification Card
Act.".
| ||||||
15 | (c) Upon such written consent, pursuant to Section 4, | ||||||
16 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
17 | consent shall be liable for any
damages resulting from the | ||||||
18 | applicant's use of firearms or firearm ammunition.
| ||||||
19 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
20 | eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
21 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
22 | Sec. 4. (a) Each applicant for a Firearm Owner's | ||||||
23 | Identification Card must:
| ||||||
24 | (1) Make application on blank forms prepared and | ||||||
25 | furnished at convenient
locations throughout the State by |
| |||||||
| |||||||
1 | the Department of State Police, or by
electronic means, if | ||||||
2 | and when made available by the Department of State
Police; | ||||||
3 | and
| ||||||
4 | (2) Submit evidence to the Department of State Police | ||||||
5 | that:
| ||||||
6 | (i) He or she is 21 years of age or over, or if he | ||||||
7 | or she is under 21
years of age that he or she has the | ||||||
8 | written consent of his or her parent or
legal guardian | ||||||
9 | to possess and acquire firearms and firearm ammunition | ||||||
10 | and that
he or she has never been convicted of a | ||||||
11 | misdemeanor other than a traffic
offense or adjudged
| ||||||
12 | delinquent, provided, however, that such parent or | ||||||
13 | legal guardian is not an
individual prohibited from | ||||||
14 | having a Firearm Owner's Identification Card and
files | ||||||
15 | an affidavit with the Department as prescribed by the | ||||||
16 | Department
stating that he or she is not an individual | ||||||
17 | prohibited from having a Card;
| ||||||
18 | (ii) He or she has not been convicted of a felony | ||||||
19 | under the laws of
this or any other jurisdiction;
| ||||||
20 | (iii) He or she is not addicted to narcotics;
| ||||||
21 | (iv) He or she has not been a patient in a mental | ||||||
22 | health facility institution within
the past 5 years or, | ||||||
23 | if he or she has been a patient in a mental health | ||||||
24 | facility more than 5 years ago submit the certification | ||||||
25 | required under subsection (u) of Section 8 of this Act ;
| ||||||
26 | (v) He or she is not intellectually disabled;
|
| |||||||
| |||||||
1 | (vi) He or she is not an alien who is unlawfully | ||||||
2 | present in the
United States under the laws of the | ||||||
3 | United States;
| ||||||
4 | (vii) He or she is not subject to an existing order | ||||||
5 | of protection
prohibiting him or her from possessing a | ||||||
6 | firearm;
| ||||||
7 | (viii) He or she has not been convicted within the | ||||||
8 | past 5 years of
battery, assault, aggravated assault, | ||||||
9 | violation of an order of
protection, or a substantially | ||||||
10 | similar offense in another jurisdiction, in
which a | ||||||
11 | firearm was used or possessed;
| ||||||
12 | (ix) He or she has not been convicted of domestic | ||||||
13 | battery, aggravated domestic battery, or a
| ||||||
14 | substantially similar offense in another
jurisdiction | ||||||
15 | committed before, on or after January 1, 2012 (the | ||||||
16 | effective date of Public Act 97-158). If the applicant | ||||||
17 | knowingly and intelligently waives the right to have an | ||||||
18 | offense described in this clause (ix) tried by a jury, | ||||||
19 | and by guilty plea or otherwise, results in a | ||||||
20 | conviction for an offense in which a domestic | ||||||
21 | relationship is not a required element of the offense | ||||||
22 | but in which a determination of the applicability of 18 | ||||||
23 | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | ||||||
24 | Code of Criminal Procedure of 1963, an entry by the | ||||||
25 | court of a judgment of conviction for that offense | ||||||
26 | shall be grounds for denying the issuance of a Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card under this Section;
| ||||||
2 | (x) (Blank);
| ||||||
3 | (xi) He or she is not an alien who has been | ||||||
4 | admitted to the United
States under a non-immigrant | ||||||
5 | visa (as that term is defined in Section
101(a)(26) of | ||||||
6 | the Immigration and Nationality Act (8 U.S.C. | ||||||
7 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
8 | been lawfully admitted to the United
States under a | ||||||
9 | non-immigrant visa if that alien is:
| ||||||
10 | (1) admitted to the United States for lawful | ||||||
11 | hunting or sporting
purposes;
| ||||||
12 | (2) an official representative of a foreign | ||||||
13 | government who is:
| ||||||
14 | (A) accredited to the United States | ||||||
15 | Government or the Government's
mission to an | ||||||
16 | international organization having its | ||||||
17 | headquarters in the United
States; or
| ||||||
18 | (B) en route to or from another country to | ||||||
19 | which that alien is
accredited;
| ||||||
20 | (3) an official of a foreign government or | ||||||
21 | distinguished foreign
visitor who has been so | ||||||
22 | designated by the Department of State;
| ||||||
23 | (4) a foreign law enforcement officer of a | ||||||
24 | friendly foreign
government entering the United | ||||||
25 | States on official business; or
| ||||||
26 | (5) one who has received a waiver from the |
| |||||||
| |||||||
1 | Attorney General of the
United States pursuant to | ||||||
2 | 18 U.S.C. 922(y)(3);
| ||||||
3 | (xii) He or she is not a minor subject to a | ||||||
4 | petition filed
under Section 5-520 of the Juvenile | ||||||
5 | Court Act of 1987 alleging that the
minor is a | ||||||
6 | delinquent minor for the commission of an offense that | ||||||
7 | if
committed by an adult would be a felony;
| ||||||
8 | (xiii) He or she is not an adult who had been | ||||||
9 | adjudicated a delinquent
minor under the Juvenile | ||||||
10 | Court Act of 1987 for the commission of an offense
that | ||||||
11 | if committed by an adult would be a felony;
| ||||||
12 | (xiv) He or she is a resident of the State of | ||||||
13 | Illinois; and | ||||||
14 | (xv) He or she has not been adjudicated as a | ||||||
15 | mentally disabled person mental defective ; and | ||||||
16 | (xvi) He or she has not been involuntarily admitted | ||||||
17 | into a mental health facility; and | ||||||
18 | (xvii) He or she is not developmentally disabled; | ||||||
19 | and
| ||||||
20 | (3) Upon request by the Department of State Police, | ||||||
21 | sign a release on a
form prescribed by the Department of | ||||||
22 | State Police waiving any right to
confidentiality and | ||||||
23 | requesting the disclosure to the Department of State Police
| ||||||
24 | of limited mental health institution admission information | ||||||
25 | from another state,
the District of Columbia, any other | ||||||
26 | territory of the United States, or a
foreign nation |
| |||||||
| |||||||
1 | concerning the applicant for the sole purpose of | ||||||
2 | determining
whether the applicant is or was a patient in a | ||||||
3 | mental health institution and
disqualified because of that | ||||||
4 | status from receiving a Firearm Owner's
Identification | ||||||
5 | Card. No mental health care or treatment records may be
| ||||||
6 | requested. The information received shall be destroyed | ||||||
7 | within one year of
receipt.
| ||||||
8 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
9 | Card who is over
the age of 18 shall furnish to the Department | ||||||
10 | of State Police either his or
her Illinois driver's license | ||||||
11 | number or Illinois Identification Card number, except as
| ||||||
12 | provided in subsection (a-10).
| ||||||
13 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
14 | Card,
who is employed as a law enforcement officer, an armed | ||||||
15 | security officer in Illinois, or by the United States Military
| ||||||
16 | permanently assigned in Illinois and who is not an Illinois | ||||||
17 | resident, shall furnish to
the Department of State Police his | ||||||
18 | or her driver's license number or state
identification card | ||||||
19 | number from his or her state of residence. The Department
of | ||||||
20 | State Police may adopt promulgate rules to enforce the | ||||||
21 | provisions of this
subsection (a-10).
| ||||||
22 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
23 | Identification Card moves from the residence address named in | ||||||
24 | the application, he or she shall immediately notify in a form | ||||||
25 | and manner prescribed by the Department of State Police of that | ||||||
26 | change of address. |
| |||||||
| |||||||
1 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
2 | Card shall furnish to the Department of State Police his or her | ||||||
3 | photograph. An applicant who is 21 years of age or older | ||||||
4 | seeking a religious exemption to the photograph requirement | ||||||
5 | must furnish with the application an approved copy of United | ||||||
6 | States Department of the Treasury Internal Revenue Service Form | ||||||
7 | 4029. In lieu of a photograph, an applicant regardless of age | ||||||
8 | seeking a religious exemption to the photograph requirement | ||||||
9 | shall submit fingerprints on a form and manner prescribed by | ||||||
10 | the Department with his or her application. | ||||||
11 | (b) Each application form shall include the following | ||||||
12 | statement printed in
bold type: "Warning: Entering false | ||||||
13 | information on an application for a Firearm
Owner's | ||||||
14 | Identification Card is punishable as a Class 2 felony in | ||||||
15 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
16 | Owners Identification Card
Act.".
| ||||||
17 | (c) Upon such written consent, pursuant to Section 4, | ||||||
18 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
19 | consent shall be liable for any
damages resulting from the | ||||||
20 | applicant's use of firearms or firearm ammunition.
| ||||||
21 | (Source: P.A. 97-158, eff. 1-1-12; 97-227, eff. 1-1-12; 97-813, | ||||||
22 | eff. 7-13-12; 97-1131, eff. 1-1-13; 97-1167, eff. 6-1-13.)
| ||||||
23 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
24 | Sec. 5. The Department of State Police shall either approve | ||||||
25 | or
deny all applications within 30 days from the date they are |
| |||||||
| |||||||
1 | received,
and every applicant found qualified under pursuant to | ||||||
2 | Section 8 of this Act by
the Department shall be entitled to a | ||||||
3 | Firearm Owner's Identification
Card upon the payment of a $10 | ||||||
4 | fee. Any applicant who is an active duty member of the Armed | ||||||
5 | Forces of the United States, a member of the Illinois National | ||||||
6 | Guard, or a member of the Reserve Forces of the United States | ||||||
7 | is exempt from the application fee. $6 of each fee derived from | ||||||
8 | the
issuance of Firearm Owner's Identification Cards, or | ||||||
9 | renewals thereof,
shall be deposited in the Wildlife and Fish | ||||||
10 | Fund in the State Treasury;
$1 of the such fee shall be | ||||||
11 | deposited in the State Police Services Fund and $3 of the such | ||||||
12 | fee shall be deposited in the
State Police Firearm Services | ||||||
13 | Fund. Firearm Owner's Notification Fund. Monies in the Firearm | ||||||
14 | Owner's
Notification Fund shall be used exclusively to pay for | ||||||
15 | the cost of sending
notices of expiration of Firearm Owner's | ||||||
16 | Identification Cards under Section
13.2 of this Act.
Excess | ||||||
17 | monies in the Firearm Owner's Notification Fund shall be used | ||||||
18 | to
ensure the prompt and efficient processing of applications | ||||||
19 | received under
Section 4 of this Act.
| ||||||
20 | (Source: P.A. 95-581, eff. 6-1-08; 96-91, eff. 7-27-09.)
| ||||||
21 | (430 ILCS 65/5.1 new) | ||||||
22 | Sec. 5.1. State Police Firearm Services Fund. All moneys | ||||||
23 | remaining in the Firearm Owner's Notification Fund on the | ||||||
24 | effective date of this
amendatory Act of the 98th General | ||||||
25 | Assembly shall be
transferred into the State Police Firearm |
| |||||||
| |||||||
1 | Services Fund, a special
fund created in the State treasury, to | ||||||
2 | be expended by the Department
of State Police, for the purposes | ||||||
3 | specified in this Act and Section 2605-595 of the Department of | ||||||
4 | State Police Law of the
Civil Administrative Code of Illinois.
| ||||||
5 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
6 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
7 | Sec. 8. The Department of State Police has authority to | ||||||
8 | deny an
application for or to revoke and seize a Firearm | ||||||
9 | Owner's Identification
Card previously issued under this Act | ||||||
10 | only if the Department finds that the
applicant or the person | ||||||
11 | to whom such card was issued is or was at the time
of issuance:
| ||||||
12 | (a) A person under 21 years of age who has been convicted | ||||||
13 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
14 | delinquent;
| ||||||
15 | (b) A person under 21 years of age who does not have the | ||||||
16 | written consent
of his parent or guardian to acquire and | ||||||
17 | possess firearms and firearm
ammunition, or whose parent or | ||||||
18 | guardian has revoked such written consent,
or where such parent | ||||||
19 | or guardian does not qualify to have a Firearm Owner's
| ||||||
20 | Identification Card;
| ||||||
21 | (c) A person convicted of a felony under the laws of this | ||||||
22 | or any other
jurisdiction;
| ||||||
23 | (d) A person addicted to narcotics;
| ||||||
24 | (e) A person who has been a patient of a mental health | ||||||
25 | facility institution within the
past 5 years or a person who |
| |||||||
| |||||||
1 | has been a patient in a mental health facility more than 5 | ||||||
2 | years ago who has not received the certification required under | ||||||
3 | subsection (u) of this Section. An active law enforcement | ||||||
4 | officer employed by a unit of government who is denied, | ||||||
5 | revoked, or has his or her Firearm Owner's Identification Card | ||||||
6 | seized under this subsection (e) may obtain relief as described | ||||||
7 | in subsection (c-5) of Section 10 of this Act if the officer | ||||||
8 | did not act in a manner threatening to the officer, another | ||||||
9 | person, or the public as determined by the treating clinical | ||||||
10 | psychologist or physician, and the officer seeks mental health | ||||||
11 | treatment; or has been adjudicated as a mental defective ;
| ||||||
12 | (f) A person whose mental condition is of such a nature | ||||||
13 | that it poses
a clear and present danger to the applicant, any | ||||||
14 | other person or persons or
the community;
| ||||||
15 | For the purposes of this Section, "mental condition" means | ||||||
16 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
17 | assaultive behavior.
| ||||||
18 | (g) A person who is intellectually disabled;
| ||||||
19 | (h) A person who intentionally makes a false statement in | ||||||
20 | the Firearm
Owner's Identification Card application;
| ||||||
21 | (i) An alien who is unlawfully present in
the United States | ||||||
22 | under the laws of the United States;
| ||||||
23 | (i-5) An alien who has been admitted to the United States | ||||||
24 | under a
non-immigrant visa (as that term is defined in Section | ||||||
25 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
26 | 1101(a)(26))), except that this
subsection (i-5) does not apply |
| |||||||
| |||||||
1 | to any alien who has been lawfully admitted to
the United | ||||||
2 | States under a non-immigrant visa if that alien is:
| ||||||
3 | (1) admitted to the United States for lawful hunting or | ||||||
4 | sporting purposes;
| ||||||
5 | (2) an official representative of a foreign government | ||||||
6 | who is:
| ||||||
7 | (A) accredited to the United States Government or | ||||||
8 | the Government's
mission to an international | ||||||
9 | organization having its headquarters in the United
| ||||||
10 | States; or
| ||||||
11 | (B) en route to or from another country to which | ||||||
12 | that alien is
accredited;
| ||||||
13 | (3) an official of a foreign government or | ||||||
14 | distinguished foreign visitor
who has been so designated by | ||||||
15 | the Department of State;
| ||||||
16 | (4) a foreign law enforcement officer of a friendly | ||||||
17 | foreign government
entering the United States on official | ||||||
18 | business; or
| ||||||
19 | (5) one who has received a waiver from the Attorney | ||||||
20 | General of the United
States pursuant to 18 U.S.C. | ||||||
21 | 922(y)(3);
| ||||||
22 | (j) (Blank);
| ||||||
23 | (k) A person who has been convicted within the past 5 years | ||||||
24 | of battery,
assault, aggravated assault, violation of an order | ||||||
25 | of protection, or a
substantially similar offense in another | ||||||
26 | jurisdiction, in which a firearm was
used or possessed;
|
| |||||||
| |||||||
1 | (l) A person who has been convicted of domestic battery, | ||||||
2 | aggravated domestic battery, or a substantially
similar | ||||||
3 | offense in another jurisdiction committed before, on or after | ||||||
4 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
5 | the applicant or person who has been previously issued a | ||||||
6 | Firearm Owner's Identification Card under this Act knowingly | ||||||
7 | and intelligently waives the right to have an offense described | ||||||
8 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
9 | otherwise, results in a conviction for an offense in which a | ||||||
10 | domestic relationship is not a required element of the offense | ||||||
11 | but in which a determination of the applicability of 18 U.S.C. | ||||||
12 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
13 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
14 | of conviction for that offense shall be grounds for denying an | ||||||
15 | application for and for revoking and seizing a Firearm Owner's | ||||||
16 | Identification Card previously issued to the person under this | ||||||
17 | Act;
| ||||||
18 | (m) (Blank);
| ||||||
19 | (n) A person who is prohibited from acquiring or possessing
| ||||||
20 | firearms or firearm ammunition by any Illinois State statute or | ||||||
21 | by federal
law;
| ||||||
22 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
23 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
24 | delinquent minor for
the commission of an offense that if | ||||||
25 | committed by an adult would be a felony;
| ||||||
26 | (p) An adult who had been adjudicated a delinquent minor |
| |||||||
| |||||||
1 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
2 | offense that if committed by an
adult would be a felony; or
| ||||||
3 | (q) A person who is not a resident of the State of | ||||||
4 | Illinois, except as provided in subsection (a-10) of Section | ||||||
5 | 4 ; . | ||||||
6 | (r) A person who has been adjudicated as a mentally | ||||||
7 | disabled person; | ||||||
8 | (s) A person who has been found to be developmentally | ||||||
9 | disabled; | ||||||
10 | (t) A person involuntarily admitted into a mental health | ||||||
11 | facility; | ||||||
12 | (u) A person who has had his or her Firearm Owner's | ||||||
13 | Identification Card revoked or denied under subsection (e) of | ||||||
14 | this Section or item (iv) of Section 4 of this Act because he | ||||||
15 | or she was a patient in a mental health facility as provided in | ||||||
16 | item (2) of subsection (e) of this Section, shall not be | ||||||
17 | permitted to obtain a Firearm Owner's Identification Card, | ||||||
18 | after the 5 year period has lapsed, unless he or she has | ||||||
19 | received a mental health evaluation by a physician, clinical | ||||||
20 | psychologist, or qualified examiner as those terms are defined | ||||||
21 | in the Mental Health and Developmental Disabilities Code, and | ||||||
22 | has received a certification that he or she is not a clear and | ||||||
23 | present danger to himself, herself, or others. The physician, | ||||||
24 | clinical psychologist, or qualified examiner making the | ||||||
25 | certification shall not be held criminally, civilly, or | ||||||
26 | professionally liable for making or not making the |
| |||||||
| |||||||
1 | certification required under this subsection, except for | ||||||
2 | willful or wanton misconduct. This subsection does not apply to | ||||||
3 | a person whose firearm possession rights have been restored | ||||||
4 | through administrative or judicial action under Section 10 or | ||||||
5 | 11 of this Act; or | ||||||
6 | (v) Upon revocation of a person's Firearm Owner's | ||||||
7 | Identification Card, the Department of State Police shall | ||||||
8 | provide notice to the person and the person shall comply with | ||||||
9 | Section 9.5 of this Act. | ||||||
10 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
11 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13.)
| ||||||
12 | (Text of Section after amendment by P.A. 97-1167 ) | ||||||
13 | Sec. 8. The Department of State Police has authority to | ||||||
14 | deny an
application for or to revoke and seize a Firearm | ||||||
15 | Owner's Identification
Card previously issued under this Act | ||||||
16 | only if the Department finds that the
applicant or the person | ||||||
17 | to whom such card was issued is or was at the time
of issuance:
| ||||||
18 | (a) A person under 21 years of age who has been convicted | ||||||
19 | of a
misdemeanor other than a traffic offense or adjudged | ||||||
20 | delinquent;
| ||||||
21 | (b) A person under 21 years of age who does not have the | ||||||
22 | written consent
of his parent or guardian to acquire and | ||||||
23 | possess firearms and firearm
ammunition, or whose parent or | ||||||
24 | guardian has revoked such written consent,
or where such parent | ||||||
25 | or guardian does not qualify to have a Firearm Owner's
|
| |||||||
| |||||||
1 | Identification Card;
| ||||||
2 | (c) A person convicted of a felony under the laws of this | ||||||
3 | or any other
jurisdiction;
| ||||||
4 | (d) A person addicted to narcotics;
| ||||||
5 | (e) A person who has been a patient of a mental health | ||||||
6 | facility institution within the
past 5 years or a person who | ||||||
7 | has been a patient in a mental health facility more than 5 | ||||||
8 | years ago who has not received the certification required under | ||||||
9 | subsection (u) of this Section . An active law enforcement | ||||||
10 | officer employed by a unit of government who is denied, | ||||||
11 | revoked, or has his or her Firearm Owner's Identification Card | ||||||
12 | seized under this subsection (e) may obtain relief as described | ||||||
13 | in subsection (c-5) of Section 10 of this Act if the officer | ||||||
14 | did not act in a manner threatening to the officer, another | ||||||
15 | person, or the public as determined by the treating clinical | ||||||
16 | psychologist or physician, and the officer seeks mental health | ||||||
17 | treatment;
| ||||||
18 | (f) A person whose mental condition is of such a nature | ||||||
19 | that it poses
a clear and present danger to the applicant, any | ||||||
20 | other person or persons or
the community;
| ||||||
21 | For the purposes of this Section, "mental condition" means | ||||||
22 | a state of
mind manifested by violent, suicidal, threatening or | ||||||
23 | assaultive behavior.
| ||||||
24 | (g) A person who is intellectually disabled;
| ||||||
25 | (h) A person who intentionally makes a false statement in | ||||||
26 | the Firearm
Owner's Identification Card application;
|
| |||||||
| |||||||
1 | (i) An alien who is unlawfully present in
the United States | ||||||
2 | under the laws of the United States;
| ||||||
3 | (i-5) An alien who has been admitted to the United States | ||||||
4 | under a
non-immigrant visa (as that term is defined in Section | ||||||
5 | 101(a)(26) of the
Immigration and Nationality Act (8 U.S.C. | ||||||
6 | 1101(a)(26))), except that this
subsection (i-5) does not apply | ||||||
7 | to any alien who has been lawfully admitted to
the United | ||||||
8 | States under a non-immigrant visa if that alien is:
| ||||||
9 | (1) admitted to the United States for lawful hunting or | ||||||
10 | sporting purposes;
| ||||||
11 | (2) an official representative of a foreign government | ||||||
12 | who is:
| ||||||
13 | (A) accredited to the United States Government or | ||||||
14 | the Government's
mission to an international | ||||||
15 | organization having its headquarters in the United
| ||||||
16 | States; or
| ||||||
17 | (B) en route to or from another country to which | ||||||
18 | that alien is
accredited;
| ||||||
19 | (3) an official of a foreign government or | ||||||
20 | distinguished foreign visitor
who has been so designated by | ||||||
21 | the Department of State;
| ||||||
22 | (4) a foreign law enforcement officer of a friendly | ||||||
23 | foreign government
entering the United States on official | ||||||
24 | business; or
| ||||||
25 | (5) one who has received a waiver from the Attorney | ||||||
26 | General of the United
States pursuant to 18 U.S.C. |
| |||||||
| |||||||
1 | 922(y)(3);
| ||||||
2 | (j) (Blank);
| ||||||
3 | (k) A person who has been convicted within the past 5 years | ||||||
4 | of battery,
assault, aggravated assault, violation of an order | ||||||
5 | of protection, or a
substantially similar offense in another | ||||||
6 | jurisdiction, in which a firearm was
used or possessed;
| ||||||
7 | (l) A person who has been convicted of domestic battery, | ||||||
8 | aggravated domestic battery, or a substantially
similar | ||||||
9 | offense in another jurisdiction committed before, on or after | ||||||
10 | January 1, 2012 (the effective date of Public Act 97-158). If | ||||||
11 | the applicant or person who has been previously issued a | ||||||
12 | Firearm Owner's Identification Card under this Act knowingly | ||||||
13 | and intelligently waives the right to have an offense described | ||||||
14 | in this paragraph (l) tried by a jury, and by guilty plea or | ||||||
15 | otherwise, results in a conviction for an offense in which a | ||||||
16 | domestic relationship is not a required element of the offense | ||||||
17 | but in which a determination of the applicability of 18 U.S.C. | ||||||
18 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
19 | Criminal Procedure of 1963, an entry by the court of a judgment | ||||||
20 | of conviction for that offense shall be grounds for denying an | ||||||
21 | application for and for revoking and seizing a Firearm Owner's | ||||||
22 | Identification Card previously issued to the person under this | ||||||
23 | Act;
| ||||||
24 | (m) (Blank);
| ||||||
25 | (n) A person who is prohibited from acquiring or possessing
| ||||||
26 | firearms or firearm ammunition by any Illinois State statute or |
| |||||||
| |||||||
1 | by federal
law;
| ||||||
2 | (o) A minor subject to a petition filed under Section 5-520 | ||||||
3 | of the
Juvenile Court Act of 1987 alleging that the minor is a | ||||||
4 | delinquent minor for
the commission of an offense that if | ||||||
5 | committed by an adult would be a felony;
| ||||||
6 | (p) An adult who had been adjudicated a delinquent minor | ||||||
7 | under the Juvenile
Court Act of 1987 for the commission of an | ||||||
8 | offense that if committed by an
adult would be a felony;
| ||||||
9 | (q) A person who is not a resident of the State of | ||||||
10 | Illinois, except as provided in subsection (a-10) of Section 4; | ||||||
11 | or | ||||||
12 | (r) A person who has been adjudicated as a mentally | ||||||
13 | disabled person; mental defective. | ||||||
14 | (s) A person who has been found to be developmentally | ||||||
15 | disabled; | ||||||
16 | (t) A person involuntarily admitted into a mental health | ||||||
17 | facility; | ||||||
18 | (u) A person who has had his or her Firearm Owner's | ||||||
19 | Identification Card revoked or denied under subsection (e) of | ||||||
20 | this Section or item (iv) of Section 4 of this Act because he | ||||||
21 | or she was a patient in a mental health facility as provided in | ||||||
22 | item (2) of subsection (e) of this Section, shall not be | ||||||
23 | permitted to obtain a Firearm Owner's Identification Card, | ||||||
24 | after the 5 year period has lapsed, unless he or she has | ||||||
25 | received a mental health evaluation by a physician, clinical | ||||||
26 | psychologist, or qualified examiner as those terms are defined |
| |||||||
| |||||||
1 | in the Mental Health and Developmental Disabilities Code, and | ||||||
2 | has received a certification that he or she is not a clear and | ||||||
3 | present danger to himself, herself, or others. The physician, | ||||||
4 | clinical psychologist, or qualified examiner making the | ||||||
5 | certification shall not be held criminally, civilly, or | ||||||
6 | professionally liable for making or not making the | ||||||
7 | certification required under this subsection, except for | ||||||
8 | willful or wanton misconduct. This subsection does not apply to | ||||||
9 | a person whose firearm possession rights have been restored | ||||||
10 | through administrative or judicial action under Section 10 or | ||||||
11 | 11 of this Act; or | ||||||
12 | (v) Upon revocation of a person's Firearm Owner's | ||||||
13 | Identification Card, the Department of State Police shall | ||||||
14 | provide notice to the person and the person shall comply with | ||||||
15 | Section 9.5 of this Act. | ||||||
16 | (Source: P.A. 96-701, eff. 1-1-10; 97-158, eff. 1-1-12; 97-227, | ||||||
17 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1131, eff. 1-1-13; | ||||||
18 | 97-1167, eff. 6-1-13.)
| ||||||
19 | (430 ILCS 65/8.1) (from Ch. 38, par. 83-8.1)
| ||||||
20 | Sec. 8.1. Notifications to the Circuit Clerk to notify | ||||||
21 | Department of State Police.
| ||||||
22 | (a) The Circuit Clerk shall, in the form and manner | ||||||
23 | required by the
Supreme Court, notify the Department of State | ||||||
24 | Police of all final dispositions
of cases for which the | ||||||
25 | Department has received information reported to it under
|
| |||||||
| |||||||
1 | Sections 2.1 and 2.2 of the Criminal Identification Act.
| ||||||
2 | (b) Upon adjudication of any individual as a mentally | ||||||
3 | disabled person mental defective, as defined in Section 1.1 of | ||||||
4 | this Act or a finding that a person has been involuntarily | ||||||
5 | admitted or as provided in paragraph (3.5) of subsection (c) of | ||||||
6 | Section 104-26 of the Code of Criminal Procedure of 1963 , the | ||||||
7 | court shall direct the circuit court clerk to immediately | ||||||
8 | notify the Department of State Police, Firearm Owner's | ||||||
9 | Identification (FOID) department, and shall forward a copy of | ||||||
10 | the court order to the Department. | ||||||
11 | (c) The Department of Human Services shall, in the form and | ||||||
12 | manner prescribed by the Department of State Police, report all | ||||||
13 | information collected under subsection (b) of Section 12 of the | ||||||
14 | Mental Health and Developmental Disabilities Confidentiality | ||||||
15 | Act for the purpose of determining whether a person who may be | ||||||
16 | or may have been a patient in a mental health facility is | ||||||
17 | disqualified under State or federal law from receiving or | ||||||
18 | retaining a Firearm Owner's Identification Card, or purchasing | ||||||
19 | a weapon. | ||||||
20 | (d) If a person is determined to pose a clear and present | ||||||
21 | danger to himself, herself, or to others by a physician, | ||||||
22 | clinical psychologist, qualified examiner, law enforcement | ||||||
23 | official, or school administrator, or is determined to be | ||||||
24 | developmentally disabled by a physician, clinical | ||||||
25 | psychologist, or qualified examiner, whether employed by the | ||||||
26 | State or by a private mental health facility, then the |
| |||||||
| |||||||
1 | physician, clinical psychologist, or qualified examiner shall, | ||||||
2 | within 24 hours of making the determination, notify the | ||||||
3 | Department of Human Services that the person poses a clear and | ||||||
4 | present danger. The Department of Human Services shall | ||||||
5 | immediately update its records and information relating to | ||||||
6 | mental health and developmental disabilities, and if | ||||||
7 | appropriate, shall notify the Department of State Police in a | ||||||
8 | form and manner prescribed by the Department of State Police. | ||||||
9 | The Department of State Police shall determine whether to | ||||||
10 | revoke the person's Firearm Owner's Identification Card under | ||||||
11 | Section 8 of this Act. Any information disclosed under this | ||||||
12 | subsection shall remain privileged and confidential, and shall | ||||||
13 | not be redisclosed, except as required under subsection (e) of | ||||||
14 | Section 3.1 of this Act, nor used for any other purpose. The | ||||||
15 | method of providing this information shall guarantee that the | ||||||
16 | information is not released beyond what is necessary for the | ||||||
17 | purpose of this Section and shall be provided by rule by the | ||||||
18 | Department of Human Services. The identity of the person | ||||||
19 | reporting under this Section shall not be disclosed to the | ||||||
20 | subject of the report. The physician, clinical psychologist, | ||||||
21 | qualified examiner, law enforcement official, or school | ||||||
22 | administrator making the determination and his or her employer | ||||||
23 | shall not be held criminally, civilly, or professionally liable | ||||||
24 | for making or not making the notification required under this | ||||||
25 | subsection, except for willful or wanton misconduct. | ||||||
26 | (e) The Department of State Police shall adopt rules to |
| |||||||
| |||||||
1 | implement this Section. | ||||||
2 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
3 | (430 ILCS 65/9) (from Ch. 38, par. 83-9)
| ||||||
4 | Sec. 9.
Every person whose application for a Firearm | ||||||
5 | Owner's Identification
Card is denied, and every holder of such | ||||||
6 | a Card whose Card is revoked
or seized, shall receive a written | ||||||
7 | notice from the Department of State
Police stating specifically | ||||||
8 | the grounds upon which
his application has
been denied or upon | ||||||
9 | which his Identification Card has been revoked. The written | ||||||
10 | notice shall include the requirements of Section 9.5 of this | ||||||
11 | Act and the persons's right to administrative or judicial | ||||||
12 | review under Section 10 and 11 of this Act. A copy of the | ||||||
13 | written notice shall be provided to the sheriff and law | ||||||
14 | enforcement agency where the person resides.
| ||||||
15 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
16 | (430 ILCS 65/9.5 new) | ||||||
17 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
18 | Card. | ||||||
19 | (a) A person who receives a revocation notice under Section | ||||||
20 | 9 of this Act shall, within 48 hours of receiving notice of the | ||||||
21 | revocation: | ||||||
22 | (1) surrender his or her Firearm Owner's | ||||||
23 | Identification Card to the local law enforcement agency | ||||||
24 | where the person resides. The local law enforcement agency |
| |||||||
| |||||||
1 | shall provide the person a receipt and transmit the Firearm | ||||||
2 | Owner's Identification Card to the Department of State | ||||||
3 | Police; and | ||||||
4 | (2) complete a Firearm Disposition Record on a form | ||||||
5 | prescribed by the Department of State Police and place his | ||||||
6 | or her firearms in the location or with the person reported | ||||||
7 | in the Firearm Disposition Record. The form shall require | ||||||
8 | the person to disclose: | ||||||
9 | (A) the make, model, and serial number of each | ||||||
10 | firearm owned by or under the custody and control of | ||||||
11 | the revoked person; | ||||||
12 | (B) the location where each firearm will be | ||||||
13 | maintained during the prohibited term; and | ||||||
14 | (C) if any firearm will be transferred to the | ||||||
15 | custody of another person, the name, address and | ||||||
16 | Firearm Owner's Identification Card number of the | ||||||
17 | transferee. | ||||||
18 | (b) The local law enforcement agency shall provide a copy | ||||||
19 | of the Firearm Disposition Record to the person whose Firearm | ||||||
20 | Owner's Identification Card has been revoked and to the | ||||||
21 | Department of State Police. | ||||||
22 | (c) If the person whose Firearm Owner's Identification Card | ||||||
23 | has been revoked fails to comply with the requirements of this | ||||||
24 | Section, the sheriff or law enforcement agency where the person | ||||||
25 | resides may petition the circuit court to issue a warrant to | ||||||
26 | search for and seize the Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | and firearms in the possession or under the custody or control | ||||||
2 | of the person whose Firearm Owner's Identification Card has | ||||||
3 | been revoked. | ||||||
4 | (d) A violation of subsection (a) of this Section is a | ||||||
5 | Class A misdemeanor. | ||||||
6 | (e) The observation of a Firearm Owner's Identification | ||||||
7 | Card in the possession of a person whose Firearm Owner's | ||||||
8 | Identification Card has been revoked constitutes a sufficient | ||||||
9 | basis for the arrest of that person for violation of this | ||||||
10 | Section. | ||||||
11 | (f) Within 30 days after the effective date of this | ||||||
12 | amendatory Act of the 98th General Assembly, the Department of | ||||||
13 | State Police shall provide written notice of the requirements | ||||||
14 | of this Section to persons whose Firearm Owner's Identification | ||||||
15 | Cards have been revoked, suspended, or expired and who have | ||||||
16 | failed to surrender their cards to the Department. | ||||||
17 | (g) Persons whose Firearm Owner's Identification Cards | ||||||
18 | have been revoked and who receive notice under subsection (f) | ||||||
19 | shall comply with the requirements of this Section within 48 | ||||||
20 | hours of receiving notice.
| ||||||
21 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
22 | (Text of Section before amendment by P.A. 97-1167 )
| ||||||
23 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
24 | prohibitions. | ||||||
25 | (a) Whenever an application for a Firearm Owner's |
| |||||||
| |||||||
1 | Identification
Card is denied, whenever the Department fails to | ||||||
2 | act on an application
within 30 days of its receipt, or | ||||||
3 | whenever such a Card is revoked or seized
as provided for in | ||||||
4 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
5 | Director of State Police for a hearing upon
such denial, | ||||||
6 | revocation or seizure, unless the denial, revocation, or | ||||||
7 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
8 | stalking, domestic
battery, any violation of the Illinois | ||||||
9 | Controlled Substances Act, the Methamphetamine Control and | ||||||
10 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
11 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
12 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
13 | of 2012, or any
adjudication as a delinquent minor for the | ||||||
14 | commission of an
offense that if committed by an adult would be | ||||||
15 | a felony, in which case the
aggrieved party may petition the | ||||||
16 | circuit court in writing in the county of
his or her residence | ||||||
17 | for a hearing upon such denial, revocation, or seizure.
| ||||||
18 | (b) At least 30 days before any hearing in the circuit | ||||||
19 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
20 | with a copy of the petition. The State's Attorney
may object to | ||||||
21 | the petition and present evidence. At the hearing the court
| ||||||
22 | shall
determine whether substantial justice has been done. | ||||||
23 | Should the court
determine that substantial justice has not | ||||||
24 | been done, the court shall issue an
order directing the | ||||||
25 | Department of State Police to issue a Card. However, the court | ||||||
26 | shall not issue the order if the petitioner is otherwise |
| |||||||
| |||||||
1 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
2 | federal law.
| ||||||
3 | (c) Any person prohibited from possessing a firearm under | ||||||
4 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
5 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
6 | of this Act may apply to
the Director
of State Police
or | ||||||
7 | petition the circuit court in the county where the petitioner | ||||||
8 | resides,
whichever is applicable in accordance with subsection | ||||||
9 | (a) of this Section,
requesting relief
from such prohibition | ||||||
10 | and the Director or court may grant such relief if it
is
| ||||||
11 | established by the applicant to the court's or Director's | ||||||
12 | satisfaction
that:
| ||||||
13 | (0.05) when in the circuit court, the State's Attorney | ||||||
14 | has been served
with a written
copy of the
petition at | ||||||
15 | least 30 days before any such hearing in the circuit court | ||||||
16 | and at
the hearing the
State's Attorney was afforded an | ||||||
17 | opportunity to present evidence and object to
the petition;
| ||||||
18 | (1) the applicant has not been convicted of a forcible | ||||||
19 | felony under the
laws of this State or any other | ||||||
20 | jurisdiction within 20 years of the
applicant's | ||||||
21 | application for a Firearm Owner's Identification Card, or | ||||||
22 | at
least 20 years have passed since the end of any period | ||||||
23 | of imprisonment
imposed in relation to that conviction;
| ||||||
24 | (2) the circumstances regarding a criminal conviction, | ||||||
25 | where applicable,
the applicant's criminal history and his | ||||||
26 | reputation are such that the applicant
will not be likely |
| |||||||
| |||||||
1 | to act in a manner dangerous to public safety;
| ||||||
2 | (3) granting relief would not be contrary to the public | ||||||
3 | 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 | ||||||
7 | a unit of government, who is denied, revoked, or has his or | ||||||
8 | her Firearm Owner's Identification Card seized under | ||||||
9 | subsection (e) of Section 8 of this Act may apply to the | ||||||
10 | Director of State Police requesting relief if the officer | ||||||
11 | did not act in a manner threatening to the officer, another | ||||||
12 | person, or the public as determined by the treating | ||||||
13 | clinical psychologist or physician, and as a result of his | ||||||
14 | or her work is referred by the employer for or voluntarily | ||||||
15 | seeks mental health evaluation or treatment by a licensed | ||||||
16 | clinical psychologist, psychiatrist, or qualified | ||||||
17 | examiner, and: | ||||||
18 | (A) the officer has not received treatment | ||||||
19 | involuntarily at a mental health facility, regardless | ||||||
20 | of the length of admission; or has not been voluntarily | ||||||
21 | admitted to a mental health facility for more than 30 | ||||||
22 | days and not for more than one incident within the past | ||||||
23 | 5 years; and | ||||||
24 | (B) the officer has not left the mental institution | ||||||
25 | against medical advice. | ||||||
26 | (2) The Director of State Police shall grant expedited |
| |||||||
| |||||||
1 | relief to active law enforcement officers described in | ||||||
2 | paragraph (1) of this subsection (c-5) upon a determination | ||||||
3 | by the Director that the officer's possession of a firearm | ||||||
4 | does not present a threat to themselves, others, or public | ||||||
5 | safety. The Director shall act on the request for relief | ||||||
6 | within 30 business days of receipt of: | ||||||
7 | (A) a notarized statement from the officer in the | ||||||
8 | form prescribed by the Director detailing the | ||||||
9 | circumstances that led to the hospitalization; | ||||||
10 | (B) all documentation regarding the admission, | ||||||
11 | evaluation, treatment and discharge from the treating | ||||||
12 | licensed clinical psychologist or psychiatrist of the | ||||||
13 | officer; | ||||||
14 | (C) a psychological fitness for duty evaluation of | ||||||
15 | the person completed after the time of discharge; and | ||||||
16 | (D) written confirmation in the form prescribed by | ||||||
17 | the Director from the treating licensed clinical | ||||||
18 | psychologist or psychiatrist that the provisions set | ||||||
19 | forth in paragraph (1) of this subsection (c-5) have | ||||||
20 | been met, the person successfully completed treatment, | ||||||
21 | and their professional opinion regarding the person's | ||||||
22 | ability to possess firearms. | ||||||
23 | (3) Officers eligible for the expedited relief in | ||||||
24 | paragraph (2) of this subsection (c-5) have the burden of | ||||||
25 | proof on eligibility and must provide all information | ||||||
26 | required. The Director may not consider granting expedited |
| |||||||
| |||||||
1 | relief until the proof and information is received. | ||||||
2 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
3 | "qualified examiner" shall have the same meaning as | ||||||
4 | provided in Chapter 1 of the Mental Health and | ||||||
5 | Developmental Disabilities Code. | ||||||
6 | (d) When a minor is adjudicated delinquent for an offense | ||||||
7 | which if
committed by an adult would be a felony, the court | ||||||
8 | shall notify the Department
of State Police.
| ||||||
9 | (e) The court shall review the denial of an application or | ||||||
10 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
11 | person who has been adjudicated
delinquent for an offense that | ||||||
12 | if
committed by an adult would be a felony if an
application | ||||||
13 | for relief has been filed at least 10 years after the | ||||||
14 | adjudication
of delinquency and the court determines that the | ||||||
15 | applicant should be
granted relief from disability to obtain a | ||||||
16 | Firearm Owner's Identification Card.
If the court grants | ||||||
17 | relief, the court shall notify the Department of State
Police | ||||||
18 | that the disability has
been removed and that the applicant is | ||||||
19 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
20 | (f) Any person who is subject to the disabilities of 18 | ||||||
21 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
22 | of 1968 because of an adjudication or commitment that occurred | ||||||
23 | under the laws of this State or who was determined to be | ||||||
24 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
25 | Section 8 of this Act may apply to the Department of State | ||||||
26 | Police requesting relief from that prohibition. The Director |
| |||||||
| |||||||
1 | shall grant the relief if it is established by a preponderance | ||||||
2 | of the evidence that the person will not be likely to act in a | ||||||
3 | manner dangerous to public safety and that granting relief | ||||||
4 | would not be contrary to the public interest. In making this | ||||||
5 | determination, the Director shall receive evidence concerning | ||||||
6 | (i) the circumstances regarding the firearms disabilities from | ||||||
7 | which relief is sought; (ii) the petitioner's mental health and | ||||||
8 | criminal history records, if any; (iii) the petitioner's | ||||||
9 | reputation, developed at a minimum through character witness | ||||||
10 | statements, testimony, or other character evidence; and (iv) | ||||||
11 | changes in the petitioner's condition or circumstances since | ||||||
12 | the disqualifying events relevant to the relief sought. If | ||||||
13 | relief is granted under this subsection or by order of a court | ||||||
14 | under this Section, the Director shall as soon as practicable | ||||||
15 | but in no case later than 15 business days, update, correct, | ||||||
16 | modify, or remove the person's record in any database that the | ||||||
17 | Department of State Police makes available to the National | ||||||
18 | Instant Criminal Background Check System and notify the United | ||||||
19 | States Attorney General that the basis for the record being | ||||||
20 | made available no longer applies. The Department of State | ||||||
21 | Police shall adopt rules for the administration of this Section | ||||||
22 | subsection (f) . | ||||||
23 | (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13; | ||||||
24 | 97-1150, eff. 1-25-13.)
| ||||||
25 | (Text of Section after amendment by P.A. 97-1167 )
|
| |||||||
| |||||||
1 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
2 | prohibitions. | ||||||
3 | (a) Whenever an application for a Firearm Owner's | ||||||
4 | Identification
Card is denied, whenever the Department fails to | ||||||
5 | act on an application
within 30 days of its receipt, or | ||||||
6 | whenever such a Card is revoked or seized
as provided for in | ||||||
7 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
8 | Director of State Police for a hearing upon
such denial, | ||||||
9 | revocation or seizure, unless the denial, revocation, or | ||||||
10 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
11 | stalking, domestic
battery, any violation of the Illinois | ||||||
12 | Controlled Substances Act, the Methamphetamine Control and | ||||||
13 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
14 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
15 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
16 | of 2012, or any
adjudication as a delinquent minor for the | ||||||
17 | commission of an
offense that if committed by an adult would be | ||||||
18 | a felony, in which case the
aggrieved party may petition the | ||||||
19 | circuit court in writing in the county of
his or her residence | ||||||
20 | for a hearing upon such denial, revocation, or seizure.
| ||||||
21 | (b) At least 30 days before any hearing in the circuit | ||||||
22 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
23 | with a copy of the petition. The State's Attorney
may object to | ||||||
24 | the petition and present evidence. At the hearing the court
| ||||||
25 | shall
determine whether substantial justice has been done. | ||||||
26 | Should the court
determine that substantial justice has not |
| |||||||
| |||||||
1 | been done, the court shall issue an
order directing the | ||||||
2 | Department of State Police to issue a Card. However, the court | ||||||
3 | shall not issue the order if the petitioner is otherwise | ||||||
4 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
5 | federal law.
| ||||||
6 | (c) Any person prohibited from possessing a firearm under | ||||||
7 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
8 | acquiring a Firearm Owner's
Identification Card under Section 8 | ||||||
9 | of this Act may apply to
the Director
of State Police
or | ||||||
10 | petition the circuit court in the county where the petitioner | ||||||
11 | resides,
whichever is applicable in accordance with subsection | ||||||
12 | (a) of this Section,
requesting relief
from such prohibition | ||||||
13 | and the Director or court may grant such relief if it
is
| ||||||
14 | established by the applicant to the court's or Director's | ||||||
15 | satisfaction
that:
| ||||||
16 | (0.05) when in the circuit court, the State's Attorney | ||||||
17 | has been served
with a written
copy of the
petition at | ||||||
18 | least 30 days before any such hearing in the circuit court | ||||||
19 | and at
the hearing the
State's Attorney was afforded an | ||||||
20 | opportunity to present evidence and object to
the petition;
| ||||||
21 | (1) the applicant has not been convicted of a forcible | ||||||
22 | felony under the
laws of this State or any other | ||||||
23 | jurisdiction within 20 years of the
applicant's | ||||||
24 | application for a Firearm Owner's Identification Card, or | ||||||
25 | at
least 20 years have passed since the end of any period | ||||||
26 | of imprisonment
imposed in relation to that conviction;
|
| |||||||
| |||||||
1 | (2) the circumstances regarding a criminal conviction, | ||||||
2 | where applicable,
the applicant's criminal history and his | ||||||
3 | reputation are such that the applicant
will not be likely | ||||||
4 | to act in a manner dangerous to public safety;
| ||||||
5 | (3) granting relief would not be contrary to the public | ||||||
6 | interest; and | ||||||
7 | (4) granting relief would not be contrary to federal | ||||||
8 | law.
| ||||||
9 | (c-5) (1) An active law enforcement officer employed by | ||||||
10 | a unit of government, who is denied, revoked, or has his or | ||||||
11 | her Firearm Owner's Identification Card seized under | ||||||
12 | subsection (e) of Section 8 of this Act may apply to the | ||||||
13 | Director of State Police requesting relief if the officer | ||||||
14 | did not act in a manner threatening to the officer, another | ||||||
15 | person, or the public as determined by the treating | ||||||
16 | clinical psychologist or physician, and as a result of his | ||||||
17 | or her work is referred by the employer for or voluntarily | ||||||
18 | seeks mental health evaluation or treatment by a licensed | ||||||
19 | clinical psychologist, psychiatrist, or qualified | ||||||
20 | examiner, and: | ||||||
21 | (A) the officer has not received treatment | ||||||
22 | involuntarily at a mental health facility institution , | ||||||
23 | regardless of the length of admission; or has not been | ||||||
24 | voluntarily admitted to a mental health facility | ||||||
25 | institution for more than 30 days and not for more than | ||||||
26 | one incident within the past 5 years; and |
| |||||||
| |||||||
1 | (B) the officer has not left the mental institution | ||||||
2 | against medical advice. | ||||||
3 | (2) The Director of State Police shall grant expedited | ||||||
4 | relief to active law enforcement officers described in | ||||||
5 | paragraph (1) of this subsection (c-5) upon a determination | ||||||
6 | by the Director that the officer's possession of a firearm | ||||||
7 | does not present a threat to themselves, others, or public | ||||||
8 | safety. The Director shall act on the request for relief | ||||||
9 | within 30 business days of receipt of: | ||||||
10 | (A) a notarized statement from the officer in the | ||||||
11 | form prescribed by the Director detailing the | ||||||
12 | circumstances that led to the hospitalization; | ||||||
13 | (B) all documentation regarding the admission, | ||||||
14 | evaluation, treatment and discharge from the treating | ||||||
15 | licensed clinical psychologist or psychiatrist of the | ||||||
16 | officer; | ||||||
17 | (C) a psychological fitness for duty evaluation of | ||||||
18 | the person completed after the time of discharge; and | ||||||
19 | (D) written confirmation in the form prescribed by | ||||||
20 | the Director from the treating licensed clinical | ||||||
21 | psychologist or psychiatrist that the provisions set | ||||||
22 | forth in paragraph (1) of this subsection (c-5) have | ||||||
23 | been met, the person successfully completed treatment, | ||||||
24 | and their professional opinion regarding the person's | ||||||
25 | ability to possess firearms. | ||||||
26 | (3) Officers eligible for the expedited relief in |
| |||||||
| |||||||
1 | paragraph (2) of this subsection (c-5) have the burden of | ||||||
2 | proof on eligibility and must provide all information | ||||||
3 | required. The Director may not consider granting expedited | ||||||
4 | relief until the proof and information is received. | ||||||
5 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
6 | "qualified examiner" shall have the same meaning as | ||||||
7 | provided in Chapter 1 of the Mental Health and | ||||||
8 | Developmental Disabilities Code. | ||||||
9 | (d) When a minor is adjudicated delinquent for an offense | ||||||
10 | which if
committed by an adult would be a felony, the court | ||||||
11 | shall notify the Department
of State Police.
| ||||||
12 | (e) The court shall review the denial of an application or | ||||||
13 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
14 | person who has been adjudicated
delinquent for an offense that | ||||||
15 | if
committed by an adult would be a felony if an
application | ||||||
16 | for relief has been filed at least 10 years after the | ||||||
17 | adjudication
of delinquency and the court determines that the | ||||||
18 | applicant should be
granted relief from disability to obtain a | ||||||
19 | Firearm Owner's Identification Card.
If the court grants | ||||||
20 | relief, the court shall notify the Department of State
Police | ||||||
21 | that the disability has
been removed and that the applicant is | ||||||
22 | eligible to obtain a Firearm Owner's
Identification Card.
| ||||||
23 | (f) Any person who is subject to the disabilities of 18 | ||||||
24 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
25 | of 1968 because of an adjudication or commitment that occurred | ||||||
26 | under the laws of this State or who was determined to be |
| |||||||
| |||||||
1 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
2 | Section 8 of this Act may apply to the Department of State | ||||||
3 | Police requesting relief from that prohibition. The Director | ||||||
4 | shall grant the relief if it is established by a preponderance | ||||||
5 | of the evidence that the person will not be likely to act in a | ||||||
6 | manner dangerous to public safety and that granting relief | ||||||
7 | would not be contrary to the public interest. In making this | ||||||
8 | determination, the Director shall receive evidence concerning | ||||||
9 | (i) the circumstances regarding the firearms disabilities from | ||||||
10 | which relief is sought; (ii) the petitioner's mental health and | ||||||
11 | criminal history records, if any; (iii) the petitioner's | ||||||
12 | reputation, developed at a minimum through character witness | ||||||
13 | statements, testimony, or other character evidence; and (iv) | ||||||
14 | changes in the petitioner's condition or circumstances since | ||||||
15 | the disqualifying events relevant to the relief sought. If | ||||||
16 | relief is granted under this subsection or by order of a court | ||||||
17 | under this Section, the Director shall as soon as practicable | ||||||
18 | but in no case later than 15 business days, update, correct, | ||||||
19 | modify, or remove the person's record in any database that the | ||||||
20 | Department of State Police makes available to the National | ||||||
21 | Instant Criminal Background Check System and notify the United | ||||||
22 | States Attorney General that the basis for the record being | ||||||
23 | made available no longer applies. The Department of State | ||||||
24 | Police shall adopt rules for the administration of this Section | ||||||
25 | subsection (f) . | ||||||
26 | (Source: P.A. 96-1368, eff. 7-28-10; 97-1131, eff. 1-1-13; |
| |||||||
| |||||||
1 | 97-1150, eff. 1-25-13; 97-1167, eff. 6-1-13.)
| ||||||
2 | (430 ILCS 65/13.1) (from Ch. 38, par. 83-13.1)
| ||||||
3 | Sec. 13.1.
| ||||||
4 | Except as otherwise provided in the Gun Safety and | ||||||
5 | Responsibility Act, the The provisions of any ordinance enacted | ||||||
6 | by any municipality or home rule unit which
requires | ||||||
7 | registration or imposes greater restrictions or limitations on | ||||||
8 | the
acquisition, possession and transfer of firearms than are | ||||||
9 | imposed by this
Act, are not invalidated or affected by this | ||||||
10 | Act.
| ||||||
11 | (Source: P.A. 76-1939.)
| ||||||
12 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
13 | Sec. 13.2.
The Department of State Police shall, 60 days
| ||||||
14 | prior to the expiration of a Firearm Owner's Identification | ||||||
15 | Card,
forward by first class mail to each person whose card is | ||||||
16 | to expire a
notification of the
expiration of the card and an | ||||||
17 | application which may be used to
apply for renewal of the card.
| ||||||
18 | It is the obligation of the holder of a Firearm Owner's | ||||||
19 | Identification Card
to notify the Department of State Police of | ||||||
20 | any address change since the
issuance of
the Firearm Owner's | ||||||
21 | Identification Card. Whenever any person moves from the | ||||||
22 | residence address named on his or her card, the person shall | ||||||
23 | within 21 calendar days thereafter notify in a form and manner | ||||||
24 | prescribed by the Department of his or her old and new |
| |||||||
| |||||||
1 | residence addresses and the card number held by him or her. Any | ||||||
2 | person whose legal name has changed from the name on the card | ||||||
3 | that he or she has been previously issued must apply for a | ||||||
4 | corrected card within 30 calendar days after the change. The | ||||||
5 | cost for a corrected card shall be $5 which shall be deposited | ||||||
6 | into the State Police Firearm Services Fund Firearm Owner's | ||||||
7 | Notification Fund .
| ||||||
8 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
9 | Section 155. The Criminal Code of 2012 is amended by | ||||||
10 | changing Sections 24-1.6 and 24-2 as follows: | ||||||
11 | (720 ILCS 5/24-1.6) | ||||||
12 | Sec. 24-1.6. Aggravated unlawful use of a weapon. | ||||||
13 | (a) A person commits the offense of aggravated unlawful use | ||||||
14 | of a weapon when
he or she knowingly: | ||||||
15 | (1) Carries on or about his or her person or in any | ||||||
16 | vehicle or concealed
on or about his or her person except | ||||||
17 | when on his or her land or in his or her
abode, legal | ||||||
18 | dwelling, or fixed place of business, or on the land or in | ||||||
19 | the legal dwelling of another person as an invitee with | ||||||
20 | that person's permission, any pistol, revolver, stun gun or | ||||||
21 | taser or
other firearm; or | ||||||
22 | (2) Carries or possesses on or about his or her person, | ||||||
23 | upon any public
street, alley, or other public lands within | ||||||
24 | the corporate limits of a city,
village or incorporated |
| |||||||
| |||||||
1 | town, except when an invitee thereon or therein, for
the | ||||||
2 | purpose of the display of such weapon or the lawful | ||||||
3 | commerce in weapons, or
except when on his or her own land | ||||||
4 | or in his or her own abode, legal dwelling, or fixed place | ||||||
5 | of
business, or on the land or in the legal dwelling of | ||||||
6 | another person as an invitee with that person's permission, | ||||||
7 | any pistol, revolver, stun gun or taser or other firearm; | ||||||
8 | and | ||||||
9 | (3) One of the following factors is present: | ||||||
10 | (A) the firearm , other than a pistol, revolver, or | ||||||
11 | handgun, possessed was uncased, loaded , and | ||||||
12 | immediately accessible
at the time of the offense; or | ||||||
13 | (A-5) the pistol, revolver, or handgun possessed | ||||||
14 | was uncased, loaded, and immediately accessible
at the | ||||||
15 | time of the offense and the person possessing the | ||||||
16 | pistol, revolver, or handgun has not been issued a | ||||||
17 | currently valid license under the Gun Safety and | ||||||
18 | Responsibility Act; or | ||||||
19 | (B) the firearm , other than a pistol, revolver, or | ||||||
20 | handgun, possessed was uncased, unloaded , and the | ||||||
21 | ammunition for
the weapon was immediately accessible | ||||||
22 | at the time of the offense; or | ||||||
23 | (B-5) the pistol, revolver, or handgun possessed | ||||||
24 | was uncased, unloaded, and the ammunition for
the | ||||||
25 | weapon was immediately accessible at the time of the | ||||||
26 | offense and the person possessing the pistol, |
| |||||||
| |||||||
1 | revolver, or handgun has not been issued a currently | ||||||
2 | valid license under the Gun Safety and Responsibility | ||||||
3 | Act; or | ||||||
4 | (C) the person possessing the firearm has not been | ||||||
5 | issued a currently
valid Firearm Owner's | ||||||
6 | Identification Card; or | ||||||
7 | (D) the person possessing the weapon was | ||||||
8 | previously adjudicated
a delinquent minor under the | ||||||
9 | Juvenile Court Act of 1987 for an act that if
committed | ||||||
10 | by an adult would be a felony; or | ||||||
11 | (E) the person possessing the weapon was engaged in | ||||||
12 | a misdemeanor
violation of the Cannabis
Control Act, in | ||||||
13 | a misdemeanor violation of the Illinois Controlled | ||||||
14 | Substances
Act, or in a misdemeanor violation of the | ||||||
15 | Methamphetamine Control and Community Protection Act; | ||||||
16 | or | ||||||
17 | (F) (blank); or | ||||||
18 | (G) the person possessing the weapon had a order of | ||||||
19 | protection issued
against him or her within the | ||||||
20 | previous 2 years; or | ||||||
21 | (H) the person possessing the weapon was engaged in | ||||||
22 | the commission or
attempted commission of
a | ||||||
23 | misdemeanor involving the use or threat of violence | ||||||
24 | against
the person or property of another; or | ||||||
25 | (I) the person possessing the weapon was under 21 | ||||||
26 | years of age and in
possession of a handgun as defined |
| |||||||
| |||||||
1 | in Section 24-3 , unless the person under 21
is engaged | ||||||
2 | in lawful activities under the Wildlife Code or | ||||||
3 | described in
subsection 24-2(b)(1), (b)(3), or | ||||||
4 | 24-2(f). | ||||||
5 | (a-5) "Handgun" as used in this Section has the meaning | ||||||
6 | given to it in Section 5 of the Gun Safety and Responsibility | ||||||
7 | Act. | ||||||
8 | (b) "Stun gun or taser" as used in this Section has the | ||||||
9 | same definition
given to it in Section 24-1 of this Code. | ||||||
10 | (c) This Section does not apply to or affect the | ||||||
11 | transportation or
possession
of weapons that: | ||||||
12 | (i) are broken down in a non-functioning state; or | ||||||
13 | (ii) are not immediately accessible; or | ||||||
14 | (iii) are unloaded and enclosed in a case, firearm | ||||||
15 | carrying box,
shipping box, or other container by a | ||||||
16 | person who has been issued a currently
valid Firearm | ||||||
17 | Owner's
Identification Card. | ||||||
18 | (d) Sentence. | ||||||
19 | (1) Aggravated unlawful use of a weapon is a Class 4 | ||||||
20 | felony;
a second or subsequent offense is a Class 2 felony | ||||||
21 | for which the person shall be sentenced to a term of | ||||||
22 | imprisonment of not less than 3 years and not more than 7 | ||||||
23 | years. | ||||||
24 | (2) Except as otherwise provided in paragraphs (3) and | ||||||
25 | (4) of this subsection (d), a first offense of aggravated | ||||||
26 | unlawful use of a weapon committed with a firearm by a |
| |||||||
| |||||||
1 | person 18 years of age or older where the factors listed in | ||||||
2 | both items (A) and (C) or both items (A-5) and (C) of | ||||||
3 | paragraph (3) of subsection (a) are present is a Class 4 | ||||||
4 | felony, for which the person shall be sentenced to a term | ||||||
5 | of imprisonment of not less than one year and not more than | ||||||
6 | 3 years. | ||||||
7 | (3) Aggravated unlawful use of
a weapon by a person who | ||||||
8 | has been previously
convicted of a felony in this State or | ||||||
9 | another jurisdiction is a Class 2
felony for which the | ||||||
10 | person shall be sentenced to a term of imprisonment of not | ||||||
11 | less than 3 years and not more than 7 years. | ||||||
12 | (4) Aggravated unlawful use of a weapon while wearing | ||||||
13 | or in possession of body armor as defined in Section 33F-1 | ||||||
14 | by a person who has not been issued a valid Firearms | ||||||
15 | Owner's Identification Card in accordance with Section 5 of | ||||||
16 | the Firearm Owners Identification Card Act is a Class X | ||||||
17 | felony.
| ||||||
18 | (e) The possession of each firearm in violation of this | ||||||
19 | Section constitutes a single and separate violation. | ||||||
20 | (Source: P.A. 95-331, eff. 8-21-07; 96-742, eff. 8-25-09; | ||||||
21 | 96-829, eff. 12-3-09; 96-1107, eff. 1-1-11.)
| ||||||
22 | (720 ILCS 5/24-2)
| ||||||
23 | Sec. 24-2. Exemptions.
| ||||||
24 | (a) Subsections 24-1(a)(3), 24-1(a)(4), 24-1(a)(10), and | ||||||
25 | 24-1(a)(13) and Section
24-1.6 do not apply to
or affect any of |
| |||||||
| |||||||
1 | the following:
| ||||||
2 | (1) Peace officers, and any person summoned by a peace | ||||||
3 | officer to
assist in making arrests or preserving the | ||||||
4 | peace, while actually engaged in
assisting such officer.
| ||||||
5 | (2) Wardens, superintendents and keepers of prisons,
| ||||||
6 | penitentiaries, jails and other institutions for the | ||||||
7 | detention of persons
accused or convicted of an offense, | ||||||
8 | while in the performance of their
official duty, or while | ||||||
9 | commuting between their homes and places of employment.
| ||||||
10 | (3) Members of the Armed Services or Reserve Forces of | ||||||
11 | the United States
or the Illinois National Guard or the | ||||||
12 | Reserve Officers Training Corps,
while in the performance | ||||||
13 | of their official duty.
| ||||||
14 | (4) Special agents employed by a railroad or a public | ||||||
15 | utility to
perform police functions, and guards of armored | ||||||
16 | car companies, while
actually engaged in the performance of | ||||||
17 | the duties of their employment or
commuting between their | ||||||
18 | homes and places of employment; and watchmen
while actually | ||||||
19 | engaged in the performance of the duties of their | ||||||
20 | employment.
| ||||||
21 | (5) Persons licensed as private security contractors, | ||||||
22 | private
detectives, or private alarm contractors, or | ||||||
23 | employed by an agency
certified by the Department of | ||||||
24 | Financial and Professional Regulation, if their duties
| ||||||
25 | include the carrying of a weapon under the provisions of | ||||||
26 | the Private
Detective, Private Alarm,
Private Security, |
| |||||||
| |||||||
1 | Fingerprint Vendor, and Locksmith Act of 2004,
while | ||||||
2 | actually
engaged in the performance of the duties of their | ||||||
3 | employment or commuting
between their homes and places of | ||||||
4 | employment, provided that such commuting
is accomplished | ||||||
5 | within one hour from departure from home or place of
| ||||||
6 | employment, as the case may be. A person shall be | ||||||
7 | considered eligible for this
exemption if he or she has | ||||||
8 | completed the required 20
hours of training for a private | ||||||
9 | security contractor, private
detective, or private alarm | ||||||
10 | contractor, or employee of a licensed agency and 20 hours | ||||||
11 | of required firearm
training, and has been issued a firearm | ||||||
12 | control card by
the Department of Financial and | ||||||
13 | Professional Regulation. Conditions for the renewal of
| ||||||
14 | firearm control cards issued under the provisions of this | ||||||
15 | Section
shall be the same as for those cards issued under | ||||||
16 | the provisions of the
Private Detective, Private Alarm,
| ||||||
17 | Private Security, Fingerprint Vendor, and Locksmith Act of | ||||||
18 | 2004. The
firearm control card shall be carried by the | ||||||
19 | private security contractor, private
detective, or private | ||||||
20 | alarm contractor, or employee of the licensed agency at all
| ||||||
21 | times when he or she is in possession of a concealable | ||||||
22 | weapon.
| ||||||
23 | (6) Any person regularly employed in a commercial or | ||||||
24 | industrial
operation as a security guard for the protection | ||||||
25 | of persons employed
and private property related to such | ||||||
26 | commercial or industrial
operation, while actually engaged |
| |||||||
| |||||||
1 | in the performance of his or her
duty or traveling between | ||||||
2 | sites or properties belonging to the
employer, and who, as | ||||||
3 | a security guard, is a member of a security force of
at | ||||||
4 | least 5 persons registered with the Department of Financial | ||||||
5 | and Professional
Regulation; provided that such security | ||||||
6 | guard has successfully completed a
course of study, | ||||||
7 | approved by and supervised by the Department of
Financial | ||||||
8 | and Professional Regulation, consisting of not less than 40 | ||||||
9 | hours of training
that includes the theory of law | ||||||
10 | enforcement, liability for acts, and the
handling of | ||||||
11 | weapons. A person shall be considered eligible for this
| ||||||
12 | exemption if he or she has completed the required 20
hours | ||||||
13 | of training for a security officer and 20 hours of required | ||||||
14 | firearm
training, and has been issued a firearm control | ||||||
15 | card by
the Department of Financial and Professional | ||||||
16 | Regulation. Conditions for the renewal of
firearm control | ||||||
17 | cards issued under the provisions of this Section
shall be | ||||||
18 | the same as for those cards issued under the provisions of | ||||||
19 | the
Private Detective, Private Alarm,
Private Security, | ||||||
20 | Fingerprint Vendor, and Locksmith Act of 2004. The
firearm | ||||||
21 | control card shall be carried by the security guard at all
| ||||||
22 | times when he or she is in possession of a concealable | ||||||
23 | weapon.
| ||||||
24 | (7) Agents and investigators of the Illinois | ||||||
25 | Legislative Investigating
Commission authorized by the | ||||||
26 | Commission to carry the weapons specified in
subsections |
| |||||||
| |||||||
1 | 24-1(a)(3) and 24-1(a)(4), while on duty in the course of
| ||||||
2 | any investigation for the Commission.
| ||||||
3 | (8) Persons employed by a financial institution for the | ||||||
4 | protection of
other employees and property related to such | ||||||
5 | financial institution, while
actually engaged in the | ||||||
6 | performance of their duties, commuting between
their homes | ||||||
7 | and places of employment, or traveling between sites or
| ||||||
8 | properties owned or operated by such financial | ||||||
9 | institution, provided that
any person so employed has | ||||||
10 | successfully completed a course of study,
approved by and | ||||||
11 | supervised by the Department of Financial and Professional | ||||||
12 | Regulation,
consisting of not less than 40 hours of | ||||||
13 | training which includes theory of
law enforcement, | ||||||
14 | liability for acts, and the handling of weapons.
A person | ||||||
15 | shall be considered to be eligible for this exemption if he | ||||||
16 | or
she has completed the required 20 hours of training for | ||||||
17 | a security officer
and 20 hours of required firearm | ||||||
18 | training, and has been issued a
firearm control card by the | ||||||
19 | Department of Financial and Professional Regulation.
| ||||||
20 | Conditions for renewal of firearm control cards issued | ||||||
21 | under the
provisions of this Section shall be the same as | ||||||
22 | for those issued under the
provisions of the Private | ||||||
23 | Detective, Private Alarm,
Private Security, Fingerprint | ||||||
24 | Vendor, and Locksmith Act of 2004.
Such firearm control | ||||||
25 | card shall be carried by the person so
trained at all times | ||||||
26 | when such person is in possession of a concealable
weapon. |
| |||||||
| |||||||
1 | For purposes of this subsection, "financial institution" | ||||||
2 | means a
bank, savings and loan association, credit union or | ||||||
3 | company providing
armored car services.
| ||||||
4 | (9) Any person employed by an armored car company to | ||||||
5 | drive an armored
car, while actually engaged in the | ||||||
6 | performance of his duties.
| ||||||
7 | (10) Persons who have been classified as peace officers | ||||||
8 | pursuant
to the Peace Officer Fire Investigation Act.
| ||||||
9 | (11) Investigators of the Office of the State's | ||||||
10 | Attorneys Appellate
Prosecutor authorized by the board of | ||||||
11 | governors of the Office of the
State's Attorneys Appellate | ||||||
12 | Prosecutor to carry weapons pursuant to
Section 7.06 of the | ||||||
13 | State's Attorneys Appellate Prosecutor's Act.
| ||||||
14 | (12) Special investigators appointed by a State's | ||||||
15 | Attorney under
Section 3-9005 of the Counties Code.
| ||||||
16 | (12.5) Probation officers while in the performance of | ||||||
17 | their duties, or
while commuting between their homes, | ||||||
18 | places of employment or specific locations
that are part of | ||||||
19 | their assigned duties, with the consent of the chief judge | ||||||
20 | of
the circuit for which they are employed.
| ||||||
21 | (13) Court Security Officers while in the performance | ||||||
22 | of their official
duties, or while commuting between their | ||||||
23 | homes and places of employment, with
the
consent of the | ||||||
24 | Sheriff.
| ||||||
25 | (13.5) A person employed as an armed security guard at | ||||||
26 | a nuclear energy,
storage, weapons or development site or |
| |||||||
| |||||||
1 | facility regulated by the Nuclear
Regulatory Commission | ||||||
2 | who has completed the background screening and training
| ||||||
3 | mandated by the rules and regulations of the Nuclear | ||||||
4 | Regulatory Commission.
| ||||||
5 | (14) Manufacture, transportation, or sale of weapons | ||||||
6 | to
persons
authorized under subdivisions (1) through | ||||||
7 | (13.5) of this
subsection
to
possess those weapons.
| ||||||
8 | (a-5) Subsections 24-1(a)(4) and 24-1(a)(10) do not apply | ||||||
9 | to
or affect any person carrying a concealed pistol, revolver, | ||||||
10 | or handgun and the person has been issued a currently valid | ||||||
11 | license under the Gun Safety and Responsibility Act at the time | ||||||
12 | of the commission of the offense. | ||||||
13 | (b) Subsections 24-1(a)(4) and 24-1(a)(10) and Section | ||||||
14 | 24-1.6 do not
apply to or affect
any of the following:
| ||||||
15 | (1) Members of any club or organization organized for | ||||||
16 | the purpose of
practicing shooting at targets upon | ||||||
17 | established target ranges, whether
public or private, and | ||||||
18 | patrons of such ranges, while such members
or patrons are | ||||||
19 | using their firearms on those target ranges.
| ||||||
20 | (2) Duly authorized military or civil organizations | ||||||
21 | while parading,
with the special permission of the | ||||||
22 | Governor.
| ||||||
23 | (3) Hunters, trappers or fishermen with a license or
| ||||||
24 | permit while engaged in hunting,
trapping or fishing.
| ||||||
25 | (4) Transportation of weapons that are broken down in a
| ||||||
26 | non-functioning state or are not immediately accessible.
|
| |||||||
| |||||||
1 | (5) Carrying or possessing any pistol, revolver, stun | ||||||
2 | gun or taser or other firearm on the land or in the legal | ||||||
3 | dwelling of another person as an invitee with that person's | ||||||
4 | permission. | ||||||
5 | (c) Subsection 24-1(a)(7) does not apply to or affect any | ||||||
6 | of the
following:
| ||||||
7 | (1) Peace officers while in performance of their | ||||||
8 | official duties.
| ||||||
9 | (2) Wardens, superintendents and keepers of prisons, | ||||||
10 | penitentiaries,
jails and other institutions for the | ||||||
11 | detention of persons accused or
convicted of an offense.
| ||||||
12 | (3) Members of the Armed Services or Reserve Forces of | ||||||
13 | the United States
or the Illinois National Guard, while in | ||||||
14 | the performance of their official
duty.
| ||||||
15 | (4) Manufacture, transportation, or sale of machine | ||||||
16 | guns to persons
authorized under subdivisions (1) through | ||||||
17 | (3) of this subsection to
possess machine guns, if the | ||||||
18 | machine guns are broken down in a
non-functioning state or | ||||||
19 | are not immediately accessible.
| ||||||
20 | (5) Persons licensed under federal law to manufacture | ||||||
21 | any weapon from
which 8 or more shots or bullets can be | ||||||
22 | discharged by a
single function of the firing device, or | ||||||
23 | ammunition for such weapons, and
actually engaged in the | ||||||
24 | business of manufacturing such weapons or
ammunition, but | ||||||
25 | only with respect to activities which are within the lawful
| ||||||
26 | scope of such business, such as the manufacture, |
| |||||||
| |||||||
1 | transportation, or testing
of such weapons or ammunition. | ||||||
2 | This exemption does not authorize the
general private | ||||||
3 | possession of any weapon from which 8 or more
shots or | ||||||
4 | bullets can be discharged by a single function of the | ||||||
5 | firing
device, but only such possession and activities as | ||||||
6 | are within the lawful
scope of a licensed manufacturing | ||||||
7 | business described in this paragraph.
| ||||||
8 | During transportation, such weapons shall be broken | ||||||
9 | down in a
non-functioning state or not immediately | ||||||
10 | accessible.
| ||||||
11 | (6) The manufacture, transport, testing, delivery, | ||||||
12 | transfer or sale,
and all lawful commercial or experimental | ||||||
13 | activities necessary thereto, of
rifles, shotguns, and | ||||||
14 | weapons made from rifles or shotguns,
or ammunition for | ||||||
15 | such rifles, shotguns or weapons, where engaged in
by a | ||||||
16 | person operating as a contractor or subcontractor pursuant | ||||||
17 | to a
contract or subcontract for the development and supply | ||||||
18 | of such rifles,
shotguns, weapons or ammunition to the | ||||||
19 | United States government or any
branch of the Armed Forces | ||||||
20 | of the United States, when such activities are
necessary | ||||||
21 | and incident to fulfilling the terms of such contract.
| ||||||
22 | The exemption granted under this subdivision (c)(6)
| ||||||
23 | shall also apply to any authorized agent of any such | ||||||
24 | contractor or
subcontractor who is operating within the | ||||||
25 | scope of his employment, where
such activities involving | ||||||
26 | such weapon, weapons or ammunition are necessary
and |
| |||||||
| |||||||
1 | incident to fulfilling the terms of such contract.
| ||||||
2 | During transportation, any such weapon shall be broken | ||||||
3 | down in a
non-functioning state, or not immediately | ||||||
4 | accessible.
| ||||||
5 | (7) A person possessing a rifle with a barrel or | ||||||
6 | barrels less than 16 inches in length if: (A) the person | ||||||
7 | has been issued a Curios and Relics license from the U.S. | ||||||
8 | Bureau of Alcohol, Tobacco, Firearms and Explosives; or (B) | ||||||
9 | the person is an active member of a bona fide, nationally | ||||||
10 | recognized military re-enacting group and the modification | ||||||
11 | is required and necessary to accurately portray the weapon | ||||||
12 | for historical re-enactment purposes; the re-enactor is in | ||||||
13 | possession of a valid and current re-enacting group | ||||||
14 | membership credential; and the overall length of the weapon | ||||||
15 | as modified is not less than 26 inches. | ||||||
16 | During transportation, any such weapon shall be broken | ||||||
17 | down in a
non-functioning state, or not immediately | ||||||
18 | accessible.
| ||||||
19 | (d) Subsection 24-1(a)(1) does not apply to the purchase, | ||||||
20 | possession
or carrying of a black-jack or slung-shot by a peace | ||||||
21 | officer.
| ||||||
22 | (e) Subsection 24-1(a)(8) does not apply to any owner, | ||||||
23 | manager or
authorized employee of any place specified in that | ||||||
24 | subsection nor to any
law enforcement officer.
| ||||||
25 | (f) Subsection 24-1(a)(4) and subsection 24-1(a)(10) and | ||||||
26 | Section 24-1.6
do not apply
to members of any club or |
| |||||||
| |||||||
1 | organization organized for the purpose of practicing
shooting | ||||||
2 | at targets upon established target ranges, whether public or | ||||||
3 | private,
while using their firearms on those target ranges.
| ||||||
4 | (g) Subsections 24-1(a)(11) and 24-3.1(a)(6) do not apply | ||||||
5 | to:
| ||||||
6 | (1) Members of the Armed Services or Reserve Forces of | ||||||
7 | the United
States or the Illinois National Guard, while in | ||||||
8 | the performance of their
official duty.
| ||||||
9 | (2) Bonafide collectors of antique or surplus military | ||||||
10 | ordinance.
| ||||||
11 | (3) Laboratories having a department of forensic | ||||||
12 | ballistics, or
specializing in the development of | ||||||
13 | ammunition or explosive ordinance.
| ||||||
14 | (4) Commerce, preparation, assembly or possession of | ||||||
15 | explosive
bullets by manufacturers of ammunition licensed | ||||||
16 | by the federal government,
in connection with the supply of | ||||||
17 | those organizations and persons exempted
by subdivision | ||||||
18 | (g)(1) of this Section, or like organizations and persons
| ||||||
19 | outside this State, or the transportation of explosive | ||||||
20 | bullets to any
organization or person exempted in this | ||||||
21 | Section by a common carrier or by a
vehicle owned or leased | ||||||
22 | by an exempted manufacturer.
| ||||||
23 | (g-5) Subsection 24-1(a)(6) does not apply to or affect | ||||||
24 | persons licensed
under federal law to manufacture any device or | ||||||
25 | attachment of any kind designed,
used, or intended for use in | ||||||
26 | silencing the report of any firearm, firearms, or
ammunition
|
| |||||||
| |||||||
1 | for those firearms equipped with those devices, and actually | ||||||
2 | engaged in the
business of manufacturing those devices, | ||||||
3 | firearms, or ammunition, but only with
respect to
activities | ||||||
4 | that are within the lawful scope of that business, such as the
| ||||||
5 | manufacture, transportation, or testing of those devices, | ||||||
6 | firearms, or
ammunition. This
exemption does not authorize the | ||||||
7 | general private possession of any device or
attachment of any | ||||||
8 | kind designed, used, or intended for use in silencing the
| ||||||
9 | report of any firearm, but only such possession and activities | ||||||
10 | as are within
the
lawful scope of a licensed manufacturing | ||||||
11 | business described in this subsection
(g-5). During | ||||||
12 | transportation, these devices shall be detached from any weapon
| ||||||
13 | or
not immediately accessible.
| ||||||
14 | (g-6) Subsections 24-1(a)(4) and 24-1(a)(10) and Section
| ||||||
15 | 24-1.6 do not apply to
or affect any parole agent or parole | ||||||
16 | supervisor who meets the qualifications and conditions | ||||||
17 | prescribed in Section 3-14-1.5 of the Unified Code of | ||||||
18 | Corrections. | ||||||
19 | (g-7) Subsection 24-1(a)(6) does not apply to a peace | ||||||
20 | officer while serving as a member of a tactical response team | ||||||
21 | or special operations team. A peace officer may not personally | ||||||
22 | own or apply for ownership of a device or attachment of any | ||||||
23 | kind designed, used, or intended for use in silencing the | ||||||
24 | report of any firearm. These devices shall be owned and | ||||||
25 | maintained by lawfully recognized units of government whose | ||||||
26 | duties include the investigation of criminal acts. |
| |||||||
| |||||||
1 | (g-10) Subsections 24-1(a)(4), 24-1(a)(8), and | ||||||
2 | 24-1(a)(10), and Sections 24-1.6 and 24-3.1 do not apply to an | ||||||
3 | athlete's possession, transport on official Olympic and | ||||||
4 | Paralympic transit systems established for athletes, or use of | ||||||
5 | competition firearms sanctioned by the International Olympic | ||||||
6 | Committee, the International Paralympic Committee, the | ||||||
7 | International Shooting Sport Federation, or USA Shooting in | ||||||
8 | connection with such athlete's training for and participation | ||||||
9 | in shooting competitions at the 2016 Olympic and Paralympic | ||||||
10 | Games and sanctioned test events leading up to the 2016 Olympic | ||||||
11 | and Paralympic Games. | ||||||
12 | (h) An information or indictment based upon a violation of | ||||||
13 | any
subsection of this Article need not negative any exemptions | ||||||
14 | contained in
this Article. The defendant shall have the burden | ||||||
15 | of proving such an
exemption.
| ||||||
16 | (i) Nothing in this Article shall prohibit, apply to, or | ||||||
17 | affect
the transportation, carrying, or possession, of any | ||||||
18 | pistol or revolver,
stun gun, taser, or other firearm consigned | ||||||
19 | to a common carrier operating
under license of the State of | ||||||
20 | Illinois or the federal government, where
such transportation, | ||||||
21 | carrying, or possession is incident to the lawful
| ||||||
22 | transportation in which such common carrier is engaged; and | ||||||
23 | nothing in this
Article shall prohibit, apply to, or affect the | ||||||
24 | transportation, carrying,
or possession of any pistol, | ||||||
25 | revolver, stun gun, taser, or other firearm,
not the subject of | ||||||
26 | and regulated by subsection 24-1(a)(7) or subsection
24-2(c) of |
| |||||||
| |||||||
1 | this Article, which is unloaded and enclosed in a case, firearm
| ||||||
2 | carrying box, shipping box, or other container, by the | ||||||
3 | possessor of a valid
Firearm Owners Identification Card.
| ||||||
4 | (Source: P.A. 96-7, eff. 4-3-09; 96-230, eff. 1-1-10; 96-742, | ||||||
5 | eff. 8-25-09; 96-1000, eff. 7-2-10; 97-465, eff. 8-22-11; | ||||||
6 | 97-676, eff. 6-1-12; 97-936, eff. 1-1-13; 97-1010, eff. 1-1-13; | ||||||
7 | revised 8-23-12.) | ||||||
8 | Section 160. The Code of Criminal Procedure of 1963 is | ||||||
9 | amended by changing Section 112A-14 as follows:
| ||||||
10 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
11 | Sec. 112A-14. Order of protection; remedies.
| ||||||
12 | (a) Issuance of order. If the court finds that petitioner | ||||||
13 | has been
abused by a family or household member, as defined in | ||||||
14 | this Article, an
order of protection prohibiting such abuse | ||||||
15 | shall issue; provided that
petitioner must also satisfy the | ||||||
16 | requirements of one of the following
Sections, as appropriate: | ||||||
17 | Section 112A-17 on emergency orders, Section
112A-18 on interim | ||||||
18 | orders, or Section 112A-19 on
plenary orders.
Petitioner shall | ||||||
19 | not be denied an order of protection because petitioner or
| ||||||
20 | respondent is a minor. The court, when determining whether or | ||||||
21 | not to issue
an order of protection, shall not require physical | ||||||
22 | manifestations of abuse
on the person of the victim. | ||||||
23 | Modification and extension of prior orders of
protection shall | ||||||
24 | be in accordance with this Article.
|
| |||||||
| |||||||
1 | (b) Remedies and standards. The remedies to be included in | ||||||
2 | an order of
protection shall be determined in accordance with | ||||||
3 | this Section and one of
the following Sections, as appropriate: | ||||||
4 | Section 112A-17 on
emergency orders,
Section 112A-18 on interim | ||||||
5 | orders, and Section 112A-19 on
plenary orders.
The remedies | ||||||
6 | listed in this subsection shall be in addition to other civil
| ||||||
7 | or criminal remedies available to petitioner.
| ||||||
8 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
9 | harassment,
interference with personal liberty, | ||||||
10 | intimidation of a dependent, physical
abuse or willful | ||||||
11 | deprivation, as defined in this Article, if such abuse has
| ||||||
12 | occurred or otherwise appears likely to occur if not | ||||||
13 | prohibited.
| ||||||
14 | (2) Grant of exclusive possession of residence. | ||||||
15 | Prohibit respondent
from entering or remaining in any | ||||||
16 | residence, household, or premises of the petitioner,
| ||||||
17 | including one owned or leased by respondent, if petitioner | ||||||
18 | has a right
to occupancy thereof. The grant of exclusive | ||||||
19 | possession of the residence, household, or premises
shall | ||||||
20 | not affect title to real property, nor shall the court be | ||||||
21 | limited by
the standard set forth in Section 701 of the | ||||||
22 | Illinois Marriage and
Dissolution of Marriage Act.
| ||||||
23 | (A) Right to occupancy. A party has a right to | ||||||
24 | occupancy of a
residence or household if it is
solely | ||||||
25 | or jointly owned or leased by that party, that party's | ||||||
26 | spouse, a
person with a legal duty to support that |
| |||||||
| |||||||
1 | party or a minor child in that
party's care, or by any | ||||||
2 | person or entity other than the opposing party that
| ||||||
3 | authorizes that party's occupancy (e.g., a domestic | ||||||
4 | violence shelter).
Standards set forth in subparagraph | ||||||
5 | (B) shall not preclude equitable relief.
| ||||||
6 | (B) Presumption of hardships. If petitioner and | ||||||
7 | respondent
each has the right to occupancy of a | ||||||
8 | residence or household, the court
shall balance (i) the | ||||||
9 | hardships to respondent and any minor child or
| ||||||
10 | dependent adult in respondent's care resulting from | ||||||
11 | entry of this remedy with (ii)
the hardships to | ||||||
12 | petitioner and any minor child or dependent adult in
| ||||||
13 | petitioner's care resulting from continued exposure to | ||||||
14 | the risk of abuse (should
petitioner remain at the | ||||||
15 | residence or household) or from loss of possession
of | ||||||
16 | the residence or household (should petitioner leave to | ||||||
17 | avoid the risk
of abuse). When determining the balance | ||||||
18 | of hardships, the court shall also
take into account | ||||||
19 | the accessibility of the residence or household.
| ||||||
20 | Hardships need not be balanced if respondent does not | ||||||
21 | have a right to occupancy.
| ||||||
22 | The balance of hardships is presumed to favor | ||||||
23 | possession by
petitioner unless the presumption is | ||||||
24 | rebutted by a preponderance of the
evidence, showing | ||||||
25 | that the hardships to respondent substantially | ||||||
26 | outweigh
the hardships to petitioner and any minor |
| |||||||
| |||||||
1 | child or dependent adult in petitioner's
care. The | ||||||
2 | court, on the request of petitioner or on its own | ||||||
3 | motion,
may order respondent to provide suitable, | ||||||
4 | accessible, alternate housing
for petitioner instead | ||||||
5 | of
excluding respondent from a mutual residence or | ||||||
6 | household.
| ||||||
7 | (3) Stay away order and additional prohibitions.
Order | ||||||
8 | respondent to stay away from petitioner or any other person
| ||||||
9 | protected by the order of protection, or prohibit | ||||||
10 | respondent from entering
or remaining present at | ||||||
11 | petitioner's school, place of employment, or other
| ||||||
12 | specified places at times when petitioner is present, or | ||||||
13 | both, if
reasonable, given
the balance of hardships. | ||||||
14 | Hardships need not be balanced for the court
to enter a | ||||||
15 | stay away order or prohibit entry
if respondent has no | ||||||
16 | right to enter the premises.
| ||||||
17 | If an order of protection grants petitioner exclusive | ||||||
18 | possession
of the residence, or prohibits respondent from | ||||||
19 | entering the residence,
or orders respondent to stay away | ||||||
20 | from petitioner or other
protected persons, then the court | ||||||
21 | may allow respondent access to the
residence to remove | ||||||
22 | items of clothing and personal adornment
used exclusively | ||||||
23 | by respondent, medications, and other items as the court | ||||||
24 | directs.
The right to access shall be exercised on only one | ||||||
25 | occasion as the court directs
and in the presence of an | ||||||
26 | agreed-upon adult third party or law enforcement officer.
|
| |||||||
| |||||||
1 | (4) Counseling. Require or recommend the respondent to | ||||||
2 | undergo
counseling for a specified duration with a social | ||||||
3 | worker, psychologist,
clinical psychologist, psychiatrist, | ||||||
4 | family service agency, alcohol or
substance abuse program, | ||||||
5 | mental health center guidance counselor, agency
providing | ||||||
6 | services to elders, program designed for domestic violence
| ||||||
7 | abusers or any other guidance service the court deems | ||||||
8 | appropriate. The court may order the respondent in any | ||||||
9 | intimate partner relationship to report to an Illinois | ||||||
10 | Department of Human Services protocol approved partner | ||||||
11 | abuse intervention program for an assessment and to follow | ||||||
12 | all recommended treatment.
| ||||||
13 | (5) Physical care and possession of the minor child. In | ||||||
14 | order to protect
the minor child from abuse, neglect, or | ||||||
15 | unwarranted separation from the person
who has been the | ||||||
16 | minor child's primary caretaker, or to otherwise protect | ||||||
17 | the
well-being of the minor child, the court may do either | ||||||
18 | or both of the following:
(i) grant petitioner physical | ||||||
19 | care or possession of the minor child, or both, or
(ii) | ||||||
20 | order respondent to return a minor child to, or not remove | ||||||
21 | a minor child
from, the physical care of a parent or person | ||||||
22 | in loco parentis.
| ||||||
23 | If a court finds, after a hearing, that respondent has | ||||||
24 | committed abuse
(as defined in Section 112A-3) of a minor | ||||||
25 | child, there shall be a
rebuttable presumption that | ||||||
26 | awarding physical care to respondent would not
be in the |
| |||||||
| |||||||
1 | minor child's best interest.
| ||||||
2 | (6) Temporary legal custody.
Award temporary legal | ||||||
3 | custody to petitioner in accordance with this Section,
the | ||||||
4 | Illinois Marriage
and Dissolution of Marriage Act, the | ||||||
5 | Illinois Parentage Act of 1984,
and this State's Uniform | ||||||
6 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
7 | If a court finds, after a hearing, that respondent
has | ||||||
8 | committed abuse (as defined in Section 112A-3) of a
minor | ||||||
9 | child, there shall be a rebuttable presumption that | ||||||
10 | awarding
temporary legal custody to respondent would not be | ||||||
11 | in the
child's best interest.
| ||||||
12 | (7) Visitation. Determine the
visitation rights, if | ||||||
13 | any, of respondent in any case in which the court
awards | ||||||
14 | physical care or temporary legal custody of a minor child | ||||||
15 | to
petitioner. The court shall restrict or deny | ||||||
16 | respondent's visitation with
a minor child if
the court | ||||||
17 | finds that respondent has done or is likely to do any of | ||||||
18 | the
following: (i) abuse or endanger the minor child during | ||||||
19 | visitation; (ii) use the
visitation as an opportunity to | ||||||
20 | abuse or harass petitioner or
petitioner's family or | ||||||
21 | household members; (iii) improperly conceal or
detain the | ||||||
22 | minor child; or (iv) otherwise act in a manner that is not | ||||||
23 | in
the best interests of the minor child. The court shall | ||||||
24 | not be limited by the
standards set forth in Section 607.1 | ||||||
25 | of the Illinois Marriage and
Dissolution of Marriage Act. | ||||||
26 | If the court grants visitation, the order
shall specify |
| |||||||
| |||||||
1 | dates and times for the visitation to take place or other
| ||||||
2 | specific parameters or conditions that are appropriate. No | ||||||
3 | order for
visitation shall refer merely to the term | ||||||
4 | "reasonable visitation".
| ||||||
5 | Petitioner may deny respondent access to the minor | ||||||
6 | child if, when
respondent arrives for visitation, | ||||||
7 | respondent is under the influence of drugs
or alcohol and | ||||||
8 | constitutes a threat to the safety and well-being of
| ||||||
9 | petitioner or petitioner's minor children or is behaving in | ||||||
10 | a violent or abusive manner.
| ||||||
11 | If necessary to protect any member of petitioner's | ||||||
12 | family or
household from future abuse, respondent shall be | ||||||
13 | prohibited from coming to
petitioner's residence to meet | ||||||
14 | the minor child for visitation, and the
parties shall | ||||||
15 | submit to the court their recommendations for reasonable
| ||||||
16 | alternative arrangements for visitation. A person may be | ||||||
17 | approved to
supervise visitation only after filing an | ||||||
18 | affidavit accepting
that responsibility and acknowledging | ||||||
19 | accountability to the court.
| ||||||
20 | (8) Removal or concealment of minor child.
Prohibit | ||||||
21 | respondent from
removing a minor child from the State or | ||||||
22 | concealing the child within the
State.
| ||||||
23 | (9) Order to appear. Order the respondent to
appear in | ||||||
24 | court, alone
or with a minor child, to prevent abuse, | ||||||
25 | neglect, removal or concealment of
the child, to return the | ||||||
26 | child to the custody or care of the petitioner or
to permit |
| |||||||
| |||||||
1 | any court-ordered interview or examination of the child or | ||||||
2 | the
respondent.
| ||||||
3 | (10) Possession of personal property. Grant petitioner | ||||||
4 | exclusive
possession of personal property and, if | ||||||
5 | respondent has possession or
control, direct respondent to | ||||||
6 | promptly make it available to petitioner, if:
| ||||||
7 | (i) petitioner, but not respondent, owns the | ||||||
8 | property; or
| ||||||
9 | (ii) the parties own the property jointly; sharing | ||||||
10 | it would risk
abuse of petitioner by respondent or is | ||||||
11 | impracticable; and the balance of
hardships favors | ||||||
12 | temporary possession by petitioner.
| ||||||
13 | If petitioner's sole claim to ownership of the property | ||||||
14 | is that it is
marital property, the court may award | ||||||
15 | petitioner temporary possession
thereof under the | ||||||
16 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
17 | proper proceeding has been filed under the Illinois | ||||||
18 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
19 | hereafter amended.
| ||||||
20 | No order under this provision shall affect title to | ||||||
21 | property.
| ||||||
22 | (11) Protection of property. Forbid the respondent | ||||||
23 | from taking,
transferring, encumbering, concealing, | ||||||
24 | damaging or otherwise disposing of
any real or personal | ||||||
25 | property, except as explicitly authorized by the
court, if:
| ||||||
26 | (i) petitioner, but not respondent, owns the |
| |||||||
| |||||||
1 | property; or
| ||||||
2 | (ii) the parties own the property jointly,
and the | ||||||
3 | balance of hardships favors granting this remedy.
| ||||||
4 | If petitioner's sole claim to ownership of the property | ||||||
5 | is that it is
marital property, the court may grant | ||||||
6 | petitioner relief under subparagraph
(ii) of this | ||||||
7 | paragraph only if a proper proceeding has been filed under | ||||||
8 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
9 | now or hereafter amended.
| ||||||
10 | The court may further prohibit respondent from | ||||||
11 | improperly using the
financial or other resources of an | ||||||
12 | aged member of the family or household
for the profit or | ||||||
13 | advantage of respondent or of any other person.
| ||||||
14 | (11.5) Protection of animals. Grant the petitioner the | ||||||
15 | exclusive care, custody, or control of any animal owned, | ||||||
16 | possessed, leased, kept, or held by either the petitioner | ||||||
17 | or the respondent or a minor child residing in the | ||||||
18 | residence or household of either the petitioner or the | ||||||
19 | respondent and order the respondent to stay away from the | ||||||
20 | animal and forbid the respondent from taking, | ||||||
21 | transferring, encumbering, concealing, harming, or | ||||||
22 | otherwise disposing of the animal.
| ||||||
23 | (12) Order for payment of support. Order
respondent to | ||||||
24 | pay temporary
support for the petitioner or any child in | ||||||
25 | the petitioner's care or
custody, when the respondent has a | ||||||
26 | legal obligation to support that person,
in accordance with |
| |||||||
| |||||||
1 | the Illinois Marriage and Dissolution
of Marriage Act, | ||||||
2 | which shall govern, among other matters, the amount of
| ||||||
3 | support, payment through the clerk and withholding of | ||||||
4 | income to secure
payment. An order for child support may be | ||||||
5 | granted to a petitioner with
lawful physical care or | ||||||
6 | custody of a child, or an order or agreement for
physical | ||||||
7 | care or custody, prior to entry of an order for legal | ||||||
8 | custody.
Such a support order shall expire upon entry of a | ||||||
9 | valid order granting
legal custody to another, unless | ||||||
10 | otherwise provided in the custody order.
| ||||||
11 | (13) Order for payment of losses. Order
respondent to | ||||||
12 | pay petitioner
for losses suffered as a direct result of | ||||||
13 | the abuse. Such losses shall
include, but not be limited | ||||||
14 | to, medical expenses, lost earnings or other
support, | ||||||
15 | repair or replacement of property damaged or taken, | ||||||
16 | reasonable
attorney's fees, court costs and moving or other | ||||||
17 | travel expenses, including
additional reasonable expenses | ||||||
18 | for temporary shelter and restaurant meals.
| ||||||
19 | (i) Losses affecting family needs. If a party is | ||||||
20 | entitled to seek
maintenance, child support or | ||||||
21 | property distribution from the other party
under the | ||||||
22 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
23 | now or
hereafter amended, the court may order | ||||||
24 | respondent to reimburse petitioner's
actual losses, to | ||||||
25 | the extent that such reimbursement would be | ||||||
26 | "appropriate
temporary relief", as authorized by |
| |||||||
| |||||||
1 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
2 | (ii) Recovery of expenses. In the case of an | ||||||
3 | improper concealment
or removal of a minor child, the | ||||||
4 | court may order respondent to pay the reasonable
| ||||||
5 | expenses incurred or to be incurred in the search for | ||||||
6 | and recovery of the
minor child, including but not | ||||||
7 | limited to legal fees, court costs, private
| ||||||
8 | investigator fees, and travel costs.
| ||||||
9 | (14) Prohibition of entry. Prohibit the respondent | ||||||
10 | from entering or
remaining in the residence or household | ||||||
11 | while the respondent is under the
influence of alcohol or | ||||||
12 | drugs and constitutes a threat to the safety and
well-being | ||||||
13 | of the petitioner or the petitioner's children.
| ||||||
14 | (14.5) Prohibition of firearm possession. | ||||||
15 | (A) A person who is subject to an existing order of | ||||||
16 | protection, interim order of protection, emergency | ||||||
17 | order of protection, or plenary order of protection, | ||||||
18 | issued under this Code may not lawfully possess weapons | ||||||
19 | under Section 8.2 of the Firearm Owners Identification | ||||||
20 | Card Act. (a) Prohibit a respondent against whom an | ||||||
21 | order of protection was issued from possessing any | ||||||
22 | firearms during the duration of the order if the order: | ||||||
23 | (1) was issued after a hearing of which such | ||||||
24 | person received
actual notice, and at which such | ||||||
25 | person had an opportunity to
participate; | ||||||
26 | (2) restrains such person from harassing, |
| |||||||
| |||||||
1 | stalking, or
threatening an intimate partner of | ||||||
2 | such person or child of such
intimate partner or | ||||||
3 | person, or engaging in other conduct that
would | ||||||
4 | place an intimate partner in reasonable fear of | ||||||
5 | bodily
injury to the partner or child; and | ||||||
6 | (3)(i) includes a finding that such person | ||||||
7 | represents a
credible threat to the physical | ||||||
8 | safety of such intimate partner
or child; or
(ii) | ||||||
9 | by its terms explicitly prohibits the use, | ||||||
10 | attempted
use, or threatened use of physical force | ||||||
11 | against such intimate
partner or child that would | ||||||
12 | reasonably be expected to cause
bodily injury. | ||||||
13 | (B) Any firearms in the
possession of the respondent, | ||||||
14 | except as provided in subparagraph (C) of this | ||||||
15 | paragraph (14.5) subsection (b) , shall be ordered by | ||||||
16 | the court to be turned
over to a person with a valid | ||||||
17 | Firearm Owner's Identification Card the local law | ||||||
18 | enforcement agency for safekeeping. The court shall | ||||||
19 | issue an order that the respondent's Firearm Owner's | ||||||
20 | Identification Card be turned over to the local law | ||||||
21 | enforcement agency, which in turn shall immediately | ||||||
22 | mail the card to the Department of State Police Firearm | ||||||
23 | Owner's Identification Card Office for safekeeping.
| ||||||
24 | The period of safekeeping shall be for the duration of | ||||||
25 | the order of protection. The firearm or firearms and | ||||||
26 | Firearm Owner's Identification Card, if unexpired, |
| |||||||
| |||||||
1 | shall at the respondent's request be returned to the | ||||||
2 | respondent at expiration of the order of protection.
| ||||||
3 | (C) (b) If the respondent is a peace officer as | ||||||
4 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
5 | the court shall order that any firearms used by the
| ||||||
6 | respondent in the performance of his or her duties as a
| ||||||
7 | peace officer be surrendered to
the chief law | ||||||
8 | enforcement executive of the agency in which the | ||||||
9 | respondent is
employed, who shall retain the firearms | ||||||
10 | for safekeeping for the duration of the order of | ||||||
11 | protection.
| ||||||
12 | (D) (c) Upon expiration of the period of | ||||||
13 | safekeeping, if the firearms or Firearm Owner's | ||||||
14 | Identification Card cannot be returned to respondent | ||||||
15 | because respondent cannot be located, fails to respond | ||||||
16 | to requests to retrieve the firearms, or is not | ||||||
17 | lawfully eligible to possess a firearm, upon petition | ||||||
18 | from the local law enforcement agency, the court may | ||||||
19 | order the local law enforcement agency to destroy the | ||||||
20 | firearms, use the firearms for training purposes, or | ||||||
21 | for any other application as deemed appropriate by the | ||||||
22 | local law enforcement agency; or that the firearms be | ||||||
23 | turned over to a third party who is lawfully eligible | ||||||
24 | to possess firearms, and who does not reside with | ||||||
25 | respondent.
| ||||||
26 | (15) Prohibition of access to records. If an order of |
| |||||||
| |||||||
1 | protection
prohibits respondent from having contact with | ||||||
2 | the minor child,
or if petitioner's address is omitted | ||||||
3 | under subsection (b) of
Section 112A-5, or if necessary to | ||||||
4 | prevent abuse or wrongful removal or
concealment of a minor | ||||||
5 | child, the order shall deny respondent access to, and
| ||||||
6 | prohibit respondent from inspecting, obtaining, or | ||||||
7 | attempting to
inspect or obtain, school or any other | ||||||
8 | records of the minor child
who is in the care of | ||||||
9 | petitioner.
| ||||||
10 | (16) Order for payment of shelter services. Order | ||||||
11 | respondent to
reimburse a shelter providing temporary | ||||||
12 | housing and counseling services to
the petitioner for the | ||||||
13 | cost of the services, as certified by the shelter
and | ||||||
14 | deemed reasonable by the court.
| ||||||
15 | (17) Order for injunctive relief. Enter injunctive | ||||||
16 | relief necessary
or appropriate to prevent further abuse of | ||||||
17 | a family or household member or
to effectuate one of the | ||||||
18 | granted remedies, if supported by the balance of
hardships. | ||||||
19 | If the harm to be prevented by the injunction is abuse or | ||||||
20 | any
other harm that one of the remedies listed in | ||||||
21 | paragraphs (1) through (16)
of this subsection is designed | ||||||
22 | to prevent, no further evidence is necessary
to establish | ||||||
23 | that the harm is an irreparable injury.
| ||||||
24 | (c) Relevant factors; findings.
| ||||||
25 | (1) In determining whether to grant a
specific remedy, | ||||||
26 | other than payment of support, the
court shall consider |
| |||||||
| |||||||
1 | relevant factors, including but not limited to the
| ||||||
2 | following:
| ||||||
3 | (i) the nature, frequency, severity, pattern and | ||||||
4 | consequences of the
respondent's past abuse of the | ||||||
5 | petitioner or any family or household
member, | ||||||
6 | including the concealment of his or her location in | ||||||
7 | order to evade
service of process or notice, and the | ||||||
8 | likelihood of danger of future abuse to
petitioner or
| ||||||
9 | any member of petitioner's or respondent's family or | ||||||
10 | household; and
| ||||||
11 | (ii) the danger that any minor child will be abused | ||||||
12 | or neglected or
improperly removed from the | ||||||
13 | jurisdiction, improperly concealed within the
State or | ||||||
14 | improperly separated from the child's primary | ||||||
15 | caretaker.
| ||||||
16 | (2) In comparing relative hardships resulting to the | ||||||
17 | parties from loss
of possession of the family home, the | ||||||
18 | court shall consider relevant
factors, including but not | ||||||
19 | limited to the following:
| ||||||
20 | (i) availability, accessibility, cost, safety, | ||||||
21 | adequacy, location and other
characteristics of | ||||||
22 | alternate housing for each party and any minor child or
| ||||||
23 | dependent adult in the party's care;
| ||||||
24 | (ii) the effect on the party's employment; and
| ||||||
25 | (iii) the effect on the relationship of the party, | ||||||
26 | and any minor
child or dependent adult in the party's |
| |||||||
| |||||||
1 | care, to family, school, church
and community.
| ||||||
2 | (3) Subject to the exceptions set forth in paragraph | ||||||
3 | (4) of this
subsection, the court shall make its findings | ||||||
4 | in an official record or in
writing, and shall at a minimum | ||||||
5 | set forth the following:
| ||||||
6 | (i) That the court has considered the applicable | ||||||
7 | relevant factors
described in paragraphs (1) and (2) of | ||||||
8 | this subsection.
| ||||||
9 | (ii) Whether the conduct or actions of respondent, | ||||||
10 | unless
prohibited, will likely cause irreparable harm | ||||||
11 | or continued abuse.
| ||||||
12 | (iii) Whether it is necessary to grant the | ||||||
13 | requested relief in order
to protect petitioner or | ||||||
14 | other alleged abused persons.
| ||||||
15 | (4) For purposes of issuing an ex parte emergency order | ||||||
16 | of protection,
the court, as an alternative to or as a | ||||||
17 | supplement to making the findings
described in paragraphs | ||||||
18 | (c)(3)(i) through (c)(3)(iii) of this subsection, may use
| ||||||
19 | the following procedure:
| ||||||
20 | When a verified petition for an emergency order of | ||||||
21 | protection in
accordance with the requirements of Sections | ||||||
22 | 112A-5 and 112A-17 is
presented to the court, the court | ||||||
23 | shall examine petitioner on oath or
affirmation. An | ||||||
24 | emergency order of protection shall be issued by the court
| ||||||
25 | if it appears from the contents of the petition and the | ||||||
26 | examination of
petitioner that the averments are |
| |||||||
| |||||||
1 | sufficient to indicate abuse by
respondent and to support | ||||||
2 | the granting of relief under the issuance of the
emergency | ||||||
3 | order of protection.
| ||||||
4 | (5) Never married parties. No rights or | ||||||
5 | responsibilities for a minor
child born outside of marriage | ||||||
6 | attach to a putative father until a father and
child | ||||||
7 | relationship has been established under the Illinois | ||||||
8 | Parentage Act of
1984. Absent such an adjudication, no | ||||||
9 | putative father shall be granted
temporary custody of the | ||||||
10 | minor child, visitation with the minor child, or
physical | ||||||
11 | care
and possession of the minor child, nor shall
an order | ||||||
12 | of payment for support of the minor child be entered.
| ||||||
13 | (d) Balance of hardships; findings. If the court finds that | ||||||
14 | the balance
of hardships does not support the granting of a | ||||||
15 | remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
16 | subsection (b) of this Section,
which may require such | ||||||
17 | balancing, the court's findings shall so
indicate and shall | ||||||
18 | include a finding as to whether granting the remedy will
result | ||||||
19 | in hardship to respondent that would substantially outweigh the | ||||||
20 | hardship
to petitioner
from denial of the remedy. The findings | ||||||
21 | shall be an official record or in
writing.
| ||||||
22 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
23 | based, in
whole or in part, on evidence that:
| ||||||
24 | (1) Respondent has cause for any use of force, unless | ||||||
25 | that cause
satisfies the standards for justifiable use of | ||||||
26 | force provided by Article
7 of the Criminal Code of 2012;
|
| |||||||
| |||||||
1 | (2) Respondent was voluntarily intoxicated;
| ||||||
2 | (3) Petitioner acted in self-defense or defense of | ||||||
3 | another, provided
that, if petitioner utilized force, such | ||||||
4 | force was justifiable under
Article 7 of the Criminal Code | ||||||
5 | of 2012;
| ||||||
6 | (4) Petitioner did not act in self-defense or defense | ||||||
7 | of another;
| ||||||
8 | (5) Petitioner left the residence or household to avoid | ||||||
9 | further abuse
by respondent;
| ||||||
10 | (6) Petitioner did not leave the residence or household | ||||||
11 | to avoid further
abuse by respondent;
| ||||||
12 | (7) Conduct by any family or household member excused | ||||||
13 | the abuse by
respondent, unless that same conduct would | ||||||
14 | have excused such abuse if the
parties had not been family | ||||||
15 | or household members.
| ||||||
16 | (Source: P.A. 96-701, eff. 1-1-10; 96-1239, eff. 1-1-11; | ||||||
17 | 97-158, eff. 1-1-12; 97-1131, eff. 1-1-13; 97-1150, eff. | ||||||
18 | 1-25-13.)
| ||||||
19 | Section 165. The Mental Health and Developmental | ||||||
20 | Disabilities Confidentiality Act is amended by changing | ||||||
21 | Section 12 as follows:
| ||||||
22 | (740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||||||
23 | Sec. 12. (a) If the United States Secret Service or the | ||||||
24 | Department of
State Police requests information from a mental |
| |||||||
| |||||||
1 | health or developmental
disability facility, as defined in | ||||||
2 | Section 1-107 and 1-114 of the Mental
Health and Developmental | ||||||
3 | Disabilities Code, relating to a specific
recipient and the | ||||||
4 | facility director determines that disclosure of such
| ||||||
5 | information may be necessary to protect the life of, or to | ||||||
6 | prevent
the infliction of great bodily harm to, a public | ||||||
7 | official,
or a person under the protection of the United
States | ||||||
8 | Secret Service, only the following information
may be | ||||||
9 | disclosed: the recipient's name, address, and age and the date | ||||||
10 | of
any admission to or discharge from a facility; and any | ||||||
11 | information which
would indicate whether or not the recipient | ||||||
12 | has a history of violence or
presents a danger of violence to | ||||||
13 | the person under protection. Any information
so disclosed shall | ||||||
14 | be used for investigative purposes only and shall not
be | ||||||
15 | publicly disseminated.
Any person participating in good faith | ||||||
16 | in the disclosure of such
information in accordance with this | ||||||
17 | provision shall have immunity from any
liability, civil, | ||||||
18 | criminal or otherwise, if such information is disclosed
relying | ||||||
19 | upon the representation of an officer of the United States | ||||||
20 | Secret
Service or the Department of State Police that a person | ||||||
21 | is under the
protection of the United States Secret Service or | ||||||
22 | is a public official.
| ||||||
23 | For the purpose of this subsection (a), the term "public | ||||||
24 | official" means
the Governor, Lieutenant Governor, Attorney | ||||||
25 | General, Secretary of State,
State Comptroller, State | ||||||
26 | Treasurer, member of the General Assembly, member of the United |
| |||||||
| |||||||
1 | States Congress, Judge of the United States as defined in 28 | ||||||
2 | U.S.C. 451, Justice of the United States as defined in 28 | ||||||
3 | U.S.C. 451, United States Magistrate Judge as defined in 28 | ||||||
4 | U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||||||
5 | Supreme, Appellate, Circuit, or Associate Judge of the State of | ||||||
6 | Illinois. The
term shall also include the spouse, child or | ||||||
7 | children of a public official.
| ||||||
8 | (b) The Department of Human Services (acting as successor | ||||||
9 | to the
Department of Mental Health and Developmental | ||||||
10 | Disabilities) and all
public or private hospitals and mental | ||||||
11 | health facilities are required, as hereafter described in this | ||||||
12 | subsection,
to furnish the Department of State Police only such | ||||||
13 | information as may
be required for the sole purpose of | ||||||
14 | determining whether an individual who
may be or may have been a | ||||||
15 | patient is disqualified because of that status
from receiving | ||||||
16 | or retaining a Firearm Owner's Identification Card or falls | ||||||
17 | within the federal prohibitors under subsection (e), (f), (g), | ||||||
18 | (r), (s), or (t) of Section 8 of the Firearm Owners | ||||||
19 | Identification Card Act, or falls within the federal | ||||||
20 | prohibitors in under
subsection (e) or (f) of Section 8 of the | ||||||
21 | Firearm Owners Identification Card
Act or 18 U.S.C. 922(g) and | ||||||
22 | (n). All physicians, clinical psychologists, or qualified | ||||||
23 | examiners at public or private hospitals and mental health | ||||||
24 | facilities or parts thereof as defined in this subsection | ||||||
25 | shall, in the form and manner required
by the Department, | ||||||
26 | provide notice directly to the Department of Human Services, or |
| |||||||
| |||||||
1 | to his or her employer who shall then report to the Department, | ||||||
2 | within 24 hours after determining that a patient as described | ||||||
3 | in clause (2) of the definition of "patient" in Section 1.1 of | ||||||
4 | the Firearm Owners Identification Card Act poses a clear and | ||||||
5 | present danger to himself, herself, or others, or is determined | ||||||
6 | to be developmentally disabled such information as shall be | ||||||
7 | necessary for the
Department to comply with the reporting | ||||||
8 | requirements to the Department of
State Police . This Such | ||||||
9 | information shall be furnished within 24 hours after the | ||||||
10 | physician, clinical psychologist, or qualified examiner has | ||||||
11 | made a determination, or within 7 days after
admission to a | ||||||
12 | public or private hospital or mental health facility or the | ||||||
13 | provision of services to a patient described in clause (1) of | ||||||
14 | the definition of "patient" in Section 1.1 of the Firearm | ||||||
15 | Owners Identification Card Act clause (2) of this subsection | ||||||
16 | (b) . Any such information disclosed under
this subsection shall
| ||||||
17 | remain privileged and confidential, and shall not be | ||||||
18 | redisclosed, except as required by subsection (e) clause (e)(2) | ||||||
19 | of Section 3.1 of the Firearm Owners Identification Card Act, | ||||||
20 | nor utilized
for any other purpose. The method of requiring the | ||||||
21 | providing of such
information shall guarantee that no | ||||||
22 | information is released beyond what
is necessary for this | ||||||
23 | purpose. In addition, the information disclosed
shall be | ||||||
24 | provided
by the Department within the time period established | ||||||
25 | by Section 24-3 of the
Criminal Code of 2012 regarding the | ||||||
26 | delivery of firearms. The method used
shall be sufficient to |
| |||||||
| |||||||
1 | provide the necessary information within the
prescribed time | ||||||
2 | period, which may include periodically providing
lists to the | ||||||
3 | Department of Human Services
or any public or private hospital | ||||||
4 | or mental health facility of Firearm Owner's Identification | ||||||
5 | Card applicants
on which the Department or hospital shall | ||||||
6 | indicate the identities of those
individuals who are to its | ||||||
7 | knowledge disqualified from having a Firearm
Owner's | ||||||
8 | Identification Card for reasons described herein. The | ||||||
9 | Department
may provide for a centralized source
of information | ||||||
10 | for the State on this subject under its jurisdiction. The | ||||||
11 | identity of the person reporting under this subsection shall | ||||||
12 | not be disclosed to the subject of the report. For the purposes | ||||||
13 | of this subsection, the physician, clinical psychologist, or | ||||||
14 | qualified examiner making the determination and his or her | ||||||
15 | employer shall not be held criminally, civilly, or | ||||||
16 | professionally liable for making or not making the notification | ||||||
17 | required under this subsection, except for willful or wanton | ||||||
18 | misconduct.
| ||||||
19 | Any person, institution, or agency, under this Act, | ||||||
20 | participating in
good faith in the reporting or disclosure of | ||||||
21 | records and communications
otherwise in accordance with this | ||||||
22 | provision or with rules, regulations or
guidelines issued by | ||||||
23 | the Department shall have immunity from any
liability, civil, | ||||||
24 | criminal or otherwise, that might result by reason of the
| ||||||
25 | action. For the purpose of any proceeding, civil or criminal,
| ||||||
26 | arising out of a report or disclosure in accordance with this |
| |||||||
| |||||||
1 | provision,
the good faith of any person,
institution, or agency | ||||||
2 | so reporting or disclosing shall be presumed. The
full extent | ||||||
3 | of the immunity provided in this subsection (b) shall apply to
| ||||||
4 | any person, institution or agency that fails to make a report | ||||||
5 | or disclosure
in the good faith belief that the report or | ||||||
6 | disclosure would violate
federal regulations governing the | ||||||
7 | confidentiality of alcohol and drug abuse
patient records | ||||||
8 | implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||||||
9 | For purposes of this subsection (b) only, the following | ||||||
10 | terms shall have
the meaning prescribed:
| ||||||
11 | (1) (Blank). "Hospital" means only that type of | ||||||
12 | institution which is providing
full-time residential | ||||||
13 | facilities and treatment.
| ||||||
14 | (1.3) "Clear and present danger" has the meaning as | ||||||
15 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
16 | Card Act. | ||||||
17 | (1.5) "Developmentally disabled" has the meaning as | ||||||
18 | defined in Section 1.1 of the Firearm Owners Identification | ||||||
19 | Card Act.
| ||||||
20 | (2) "Patient" has the meaning as defined in Section 1.1 | ||||||
21 | of the Firearm Owners Identification Card Act shall include | ||||||
22 | only: (i) a person who is an in-patient or resident of any | ||||||
23 | public or private hospital or mental health facility or | ||||||
24 | (ii) a person who is an out-patient or provided services by | ||||||
25 | a public or private hospital or mental health facility | ||||||
26 | whose mental condition is of such a nature that it is |
| |||||||
| |||||||
1 | manifested by violent, suicidal, threatening, or | ||||||
2 | assaultive behavior or reported behavior, for which there | ||||||
3 | is a reasonable belief by a physician, clinical | ||||||
4 | psychologist, or qualified examiner that the condition | ||||||
5 | poses a clear and present or imminent danger to the | ||||||
6 | patient, any other person or the community meaning the | ||||||
7 | patient's condition poses a clear and present danger in | ||||||
8 | accordance with subsection
(f) of Section 8 of the Firearm | ||||||
9 | Owners Identification Card Act. The terms physician, | ||||||
10 | clinical psychologist, and qualified examiner are defined | ||||||
11 | in Sections 1-120, 1-103, and 1-122 of the Mental Health | ||||||
12 | and Developmental Disabilities Code .
| ||||||
13 | (3) "Mental health facility" has the meaning as defined | ||||||
14 | in Section 1.1 of the Firearm Owners Identification Card | ||||||
15 | Act is defined by Section 1-114 of the Mental Health and | ||||||
16 | Developmental Disabilities Code .
| ||||||
17 | (c) Upon the request of a peace officer who takes a person | ||||||
18 | into custody
and transports such person to a mental health or | ||||||
19 | developmental disability
facility pursuant to Section 3-606 or | ||||||
20 | 4-404 of the Mental Health and
Developmental Disabilities Code | ||||||
21 | or who transports a person from such facility,
a facility | ||||||
22 | director shall furnish said peace officer the name, address, | ||||||
23 | age
and name of the nearest relative of the person transported | ||||||
24 | to or from the
mental health or developmental disability | ||||||
25 | facility. In no case shall the
facility director disclose to | ||||||
26 | the peace officer any information relating to the
diagnosis, |
| |||||||
| |||||||
1 | treatment or evaluation of the person's mental or physical | ||||||
2 | health.
| ||||||
3 | For the purposes of this subsection (c), the terms "mental | ||||||
4 | health or
developmental disability facility", "peace officer" | ||||||
5 | and "facility director"
shall have the meanings ascribed to | ||||||
6 | them in the Mental Health and
Developmental Disabilities Code.
| ||||||
7 | (d) Upon the request of a peace officer or prosecuting | ||||||
8 | authority who is
conducting a bona fide investigation of a | ||||||
9 | criminal offense, or attempting to
apprehend a fugitive from | ||||||
10 | justice,
a facility director may disclose whether a person is | ||||||
11 | present at the facility.
Upon request of a peace officer or | ||||||
12 | prosecuting authority who has a valid
forcible felony warrant | ||||||
13 | issued, a facility director shall disclose: (1) whether
the | ||||||
14 | person who is the subject of the warrant is present at the | ||||||
15 | facility and (2)
the
date of that person's discharge or future | ||||||
16 | discharge from the facility.
The requesting peace officer or | ||||||
17 | prosecuting authority must furnish a case
number and the | ||||||
18 | purpose of the investigation or an outstanding arrest warrant | ||||||
19 | at
the time of the request. Any person, institution, or agency
| ||||||
20 | participating in good faith in disclosing such information in | ||||||
21 | accordance with
this subsection (d) is immune from any | ||||||
22 | liability, civil, criminal or
otherwise, that might result by | ||||||
23 | reason of the action.
| ||||||
24 | (Source: P.A. 96-193, eff. 8-10-09; 97-1150, eff. 1-25-13.)
| ||||||
25 | Section 170. The Probate Act of 1975 is amended by adding |
| |||||||
| |||||||
1 | Section 11a-24 as follows: | ||||||
2 | (755 ILCS 5/11a-24 new) | ||||||
3 | Sec. 11a-24. Notification; Department of State Police. | ||||||
4 | When a court adjudges a respondent to be a disabled person | ||||||
5 | under this Article, the court shall direct
the circuit court | ||||||
6 | clerk to notify the
Department of State Police, Firearm Owner's | ||||||
7 | Identification
(FOID) Office, in a form and manner prescribed | ||||||
8 | by the Department of State Police, and shall forward a copy of | ||||||
9 | the court order to the Department no later than 7 days after | ||||||
10 | the entry of the order. Upon receipt of the order, the | ||||||
11 | Department of State Police shall provide notification to the | ||||||
12 | National Instant Criminal Background Check System. | ||||||
13 | Section 195. No acceleration or delay. Where this Act makes | ||||||
14 | changes in a statute that is represented in this Act by text | ||||||
15 | that is not yet or no longer in effect (for example, a Section | ||||||
16 | represented by multiple versions), the use of that text does | ||||||
17 | not accelerate or delay the taking effect of (i) the changes | ||||||
18 | made by this Act or (ii) provisions derived from any other | ||||||
19 | Public Act.
| ||||||
20 | Section 999. Effective date. This Act takes effect upon | ||||||
21 | becoming law.".
|