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1 | AN ACT concerning medical cannabis.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Compassionate Use of Medical Cannabis Pilot | |||||||||||||||||||||||||
5 | Program Act is amended by changing Section 5 as follows: | |||||||||||||||||||||||||
6 | (410 ILCS 130/5) | |||||||||||||||||||||||||
7 | (Section scheduled to be repealed on January 1, 2018)
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8 | Sec. 5. Findings.
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9 | (a) The recorded use of cannabis as a medicine goes back | |||||||||||||||||||||||||
10 | nearly 5,000 years. Modern medical research has confirmed the | |||||||||||||||||||||||||
11 | beneficial uses of cannabis in treating or alleviating the | |||||||||||||||||||||||||
12 | pain, nausea, and other symptoms associated with a variety of | |||||||||||||||||||||||||
13 | debilitating medical conditions, including cancer, multiple | |||||||||||||||||||||||||
14 | sclerosis, and HIV/AIDS, as found by the National Academy of | |||||||||||||||||||||||||
15 | Sciences' Institute of Medicine in March 1999.
| |||||||||||||||||||||||||
16 | (b) Studies published since the 1999 Institute of Medicine | |||||||||||||||||||||||||
17 | report continue to show the therapeutic value of cannabis in | |||||||||||||||||||||||||
18 | treating a wide array of debilitating medical conditions. These | |||||||||||||||||||||||||
19 | include relief of the neuropathic pain caused by multiple | |||||||||||||||||||||||||
20 | sclerosis, HIV/AIDS, and other illnesses that often fail to | |||||||||||||||||||||||||
21 | respond to conventional treatments and relief of nausea, | |||||||||||||||||||||||||
22 | vomiting, and other side effects of drugs used to treat | |||||||||||||||||||||||||
23 | HIV/AIDS and hepatitis C, increasing the chances of patients |
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| |||||||
1 | continuing on life-saving treatment regimens.
| ||||||
2 | (c) Cannabis has many currently accepted medical uses in | ||||||
3 | the United States, having been recommended by thousands of | ||||||
4 | licensed physicians to at least 600,000 patients in states with | ||||||
5 | medical cannabis laws. The medical utility of cannabis is | ||||||
6 | recognized by a wide range of medical and public health | ||||||
7 | organizations, including the American Academy of HIV Medicine, | ||||||
8 | the American College of Physicians, the American Nurses | ||||||
9 | Association, the American Public Health Association, the | ||||||
10 | Leukemia & Lymphoma Society, and many others.
| ||||||
11 | (d) Data from the Federal Bureau of Investigation's Uniform | ||||||
12 | Crime Reports and the Compendium of Federal Justice Statistics | ||||||
13 | show that approximately 99 out of every 100 cannabis arrests in | ||||||
14 | the U.S. are made under state law, rather than under federal | ||||||
15 | law. Consequently, changing State law will have the practical | ||||||
16 | effect of protecting from arrest the vast majority of seriously | ||||||
17 | ill patients who have a medical need to use cannabis.
| ||||||
18 | (e) Alaska, Arizona, California, Colorado, Connecticut, | ||||||
19 | Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, | ||||||
20 | Nevada, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, | ||||||
21 | Washington, and Washington, D.C. have removed state-level | ||||||
22 | criminal penalties from the medical use and cultivation of | ||||||
23 | cannabis. Illinois joins in this effort for the health and | ||||||
24 | welfare of its citizens.
| ||||||
25 | (f) States are not required to enforce federal law or | ||||||
26 | prosecute people for engaging in activities prohibited by |
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| |||||||
1 | federal law. Therefore, compliance with this Act does not put | ||||||
2 | the State of Illinois in violation of federal law.
| ||||||
3 | (g) State law should make a distinction between the medical | ||||||
4 | and non-medical uses of cannabis. Hence, the purpose of this | ||||||
5 | Act is to protect patients with debilitating medical | ||||||
6 | conditions, as well as their physicians and providers, from | ||||||
7 | arrest and prosecution, criminal and other penalties , | ||||||
8 | including denial or revocation of a Firearm Owner's | ||||||
9 | Identification Card or concealed carry license , and property | ||||||
10 | forfeiture if the patients engage in the medical use of | ||||||
11 | cannabis.
| ||||||
12 | (Source: P.A. 98-122, eff. 1-1-14.) | ||||||
13 | Section 10. The Firearm Owners Identification Card Act is | ||||||
14 | amended by changing Sections 1.1, 8, and 10 as follows:
| ||||||
15 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
16 | Sec. 1.1. For purposes of this Act:
| ||||||
17 | "Addicted to narcotics" means a person who has been: | ||||||
18 | (1) convicted of an offense involving the use or | ||||||
19 | possession of cannabis, a controlled substance, or | ||||||
20 | methamphetamine within the past year; or | ||||||
21 | (2) determined by the Department of State Police to be | ||||||
22 | addicted to narcotics based upon State federal law or State | ||||||
23 | federal guidelines. | ||||||
24 | "Addicted to narcotics" does not include possession or use |
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| |||||||
1 | of a prescribed controlled substance under the Illinois | ||||||
2 | Controlled Substances Act or possession or use of prescribed or | ||||||
3 | recommended cannabis under the Compassionate Use of Medical | ||||||
4 | Cannabis Pilot Program Act under the direction and authority of | ||||||
5 | a physician or other person authorized to prescribe the | ||||||
6 | controlled substance under the Illinois Controlled Substances | ||||||
7 | Act or prescribe or recommend cannabis under the Compassionate | ||||||
8 | Use of Medical Cannabis Pilot Program Act when the controlled | ||||||
9 | substance or cannabis is used in the prescribed or recommended | ||||||
10 | manner. | ||||||
11 | "Adjudicated as a person with a mental disability" means | ||||||
12 | the person is the subject of a determination by a court, board, | ||||||
13 | commission or other lawful authority that the person, as a | ||||||
14 | result of marked subnormal intelligence, or mental illness, | ||||||
15 | mental impairment, incompetency, condition, or disease: | ||||||
16 | (1) presents a clear and present danger to himself, | ||||||
17 | herself, or to others; | ||||||
18 | (2) lacks the mental capacity to manage his or her own | ||||||
19 | affairs or is adjudicated a person with a disability as | ||||||
20 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
21 | (3) is not guilty in a criminal case by reason of | ||||||
22 | insanity, mental disease or defect; | ||||||
23 | (3.5) is guilty but mentally ill, as provided in | ||||||
24 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
25 | (4) is incompetent to stand trial in a criminal case; | ||||||
26 | (5) is not guilty by reason of lack of mental |
| |||||||
| |||||||
1 | responsibility under Articles 50a and 72b of the Uniform | ||||||
2 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
3 | (6) is a sexually violent person under subsection (f) | ||||||
4 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
5 | Act; | ||||||
6 | (7) is a sexually dangerous person under the Sexually | ||||||
7 | Dangerous Persons Act; | ||||||
8 | (8) is unfit to stand trial under the Juvenile Court | ||||||
9 | Act of 1987; | ||||||
10 | (9) is not guilty by reason of insanity under the | ||||||
11 | Juvenile Court Act of 1987; | ||||||
12 | (10) is subject to involuntary admission as an | ||||||
13 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
14 | and Developmental Disabilities Code; | ||||||
15 | (11) is subject to involuntary admission as an | ||||||
16 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
17 | Health and Developmental Disabilities Code; | ||||||
18 | (12) is subject to judicial admission as set forth in | ||||||
19 | Section 4-500 of the Mental Health and Developmental | ||||||
20 | Disabilities Code; or | ||||||
21 | (13) is subject to the provisions of the Interstate | ||||||
22 | Agreements on Sexually Dangerous Persons Act. | ||||||
23 | "Clear and present danger" means a person who: | ||||||
24 | (1) communicates a serious threat of physical violence | ||||||
25 | against a reasonably identifiable victim or poses a clear | ||||||
26 | and imminent risk of serious physical injury to himself, |
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| |||||||
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 | disability | ||||||
17 | This disability results in the professional opinion of a | ||||||
18 | physician, clinical psychologist, or qualified examiner, in | ||||||
19 | significant functional limitations in 3 or more of the | ||||||
20 | following areas of major life activity: | ||||||
21 | (i) self-care; | ||||||
22 | (ii) receptive and expressive language; | ||||||
23 | (iii) learning; | ||||||
24 | (iv) mobility; or | ||||||
25 | (v) self-direction. | ||||||
26 | "Federally licensed firearm dealer" means a person who is |
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1 | licensed as a federal firearms dealer under Section 923 of the | ||||||
2 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
3 | "Firearm" means any device, by
whatever name known, which | ||||||
4 | is designed to expel a projectile or projectiles
by the action | ||||||
5 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
6 | however:
| ||||||
7 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
8 | B-B gun which
expels a single globular projectile not | ||||||
9 | exceeding .18 inch in
diameter or which has a maximum | ||||||
10 | muzzle velocity of less than 700 feet
per second;
| ||||||
11 | (1.1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
12 | B-B gun which expels breakable paint balls containing | ||||||
13 | washable marking colors;
| ||||||
14 | (2) any device used exclusively for signalling or | ||||||
15 | safety and required or
recommended by the United States | ||||||
16 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
17 | (3) any device used exclusively for the firing of stud | ||||||
18 | cartridges,
explosive rivets or similar industrial | ||||||
19 | ammunition; and
| ||||||
20 | (4) an antique firearm (other than a machine-gun) | ||||||
21 | which, although
designed as a weapon, the Department of | ||||||
22 | State Police finds by reason of
the date of its | ||||||
23 | manufacture, value, design, and other characteristics is
| ||||||
24 | primarily a collector's item and is not likely to be used | ||||||
25 | as a weapon.
| ||||||
26 | "Firearm ammunition" means any self-contained cartridge or |
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1 | shotgun
shell, by whatever name known, which is designed to be | ||||||
2 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
3 | (1) any ammunition exclusively designed for use with a | ||||||
4 | device used
exclusively for signalling or safety and | ||||||
5 | required or recommended by the
United States Coast Guard or | ||||||
6 | the Interstate Commerce Commission; and
| ||||||
7 | (2) any ammunition designed exclusively for use with a | ||||||
8 | stud or rivet
driver or other similar industrial | ||||||
9 | ammunition. | ||||||
10 | "Gun show" means an event or function: | ||||||
11 | (1) at which the sale and transfer of firearms is the | ||||||
12 | regular and normal course of business and where 50 or more | ||||||
13 | firearms are displayed, offered, or exhibited for sale, | ||||||
14 | transfer, or exchange; or | ||||||
15 | (2) at which not less than 10 gun show vendors display, | ||||||
16 | offer, or exhibit for sale, sell, transfer, or exchange | ||||||
17 | firearms.
| ||||||
18 | "Gun show" includes the entire premises provided for an | ||||||
19 | event or function, including parking areas for the event or | ||||||
20 | function, that is sponsored to facilitate the purchase, sale, | ||||||
21 | transfer, or exchange of firearms as described in this Section.
| ||||||
22 | Nothing in this definition shall be construed to exclude a gun | ||||||
23 | show held in conjunction with competitive shooting events at | ||||||
24 | the World Shooting Complex sanctioned by a national governing | ||||||
25 | body in which the sale or transfer of firearms is authorized | ||||||
26 | under subparagraph (5) of paragraph (g) of subsection (A) of |
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1 | Section 24-3 of the Criminal Code of 2012. | ||||||
2 | Unless otherwise expressly stated, "gun show" does not | ||||||
3 | include training or safety classes, competitive shooting | ||||||
4 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
5 | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| ||||||
6 | any other event where the sale or transfer of firearms is not | ||||||
7 | the primary course of business. | ||||||
8 | "Gun show promoter" means a person who organizes or | ||||||
9 | operates a gun show. | ||||||
10 | "Gun show vendor" means a person who exhibits, sells, | ||||||
11 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
12 | show, regardless of whether the person arranges with a gun show | ||||||
13 | promoter for a fixed location from which to exhibit, sell, | ||||||
14 | offer for sale, transfer, or exchange any firearm. | ||||||
15 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
16 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
17 | Developmental Disabilities Code. | ||||||
18 | "Mental health facility" means any licensed private | ||||||
19 | hospital or hospital affiliate, institution, or facility, or | ||||||
20 | part thereof, and any facility, or part thereof, operated by | ||||||
21 | the State or a political subdivision thereof which provide | ||||||
22 | treatment of persons with mental illness and includes all | ||||||
23 | hospitals, institutions, clinics, evaluation facilities, | ||||||
24 | mental health centers, colleges, universities, long-term care | ||||||
25 | facilities, and nursing homes, or parts thereof, which provide | ||||||
26 | treatment of persons with mental illness whether or not the |
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1 | primary purpose is to provide treatment of persons with mental | ||||||
2 | illness. | ||||||
3 | "National governing body" means a group of persons who | ||||||
4 | adopt rules and formulate policy on behalf of a national | ||||||
5 | firearm sporting organization. | ||||||
6 | "Patient" means: | ||||||
7 | (1) a person who voluntarily receives mental health | ||||||
8 | treatment as an in-patient or resident of any public or | ||||||
9 | private mental health facility, unless the treatment was | ||||||
10 | solely for an alcohol abuse disorder and no other secondary | ||||||
11 | substance abuse disorder or mental illness; or | ||||||
12 | (2) a person who voluntarily receives mental health | ||||||
13 | treatment as an out-patient or is provided services by a | ||||||
14 | public or private mental health facility, and who poses a | ||||||
15 | clear and present danger to himself, herself, or to others. | ||||||
16 | "Person with a developmental disability" means a person | ||||||
17 | with a disability which is attributable to any other condition | ||||||
18 | which results in impairment similar to that caused by an | ||||||
19 | intellectual disability and which requires services similar to | ||||||
20 | those required by persons with intellectual disabilities. The | ||||||
21 | disability must originate before the age of 18
years, be | ||||||
22 | expected to continue indefinitely, and constitute a | ||||||
23 | substantial disability. This disability results, in the | ||||||
24 | professional opinion of a physician, clinical psychologist, or | ||||||
25 | qualified examiner, in significant functional limitations in 3 | ||||||
26 | or more of the following areas of major life activity: |
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1 | (i) self-care; | ||||||
2 | (ii) receptive and expressive language; | ||||||
3 | (iii) learning; | ||||||
4 | (iv) mobility; or | ||||||
5 | (v) self-direction. | ||||||
6 | "Person with an intellectual disability" means a person | ||||||
7 | with a significantly subaverage general intellectual | ||||||
8 | functioning which exists concurrently with impairment in | ||||||
9 | adaptive behavior and which originates before the age of 18 | ||||||
10 | years. | ||||||
11 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
12 | the Mental Health and Developmental Disabilities Code. | ||||||
13 | "Qualified examiner" has the meaning provided in Section | ||||||
14 | 1-122 of the Mental Health and Developmental Disabilities Code. | ||||||
15 | "Sanctioned competitive shooting event" means a shooting | ||||||
16 | contest officially recognized by a national or state shooting | ||||||
17 | sport association, and includes any sight-in or practice | ||||||
18 | conducted in conjunction with the event.
| ||||||
19 | "School administrator" means the person required to report | ||||||
20 | under the School Administrator Reporting of Mental Health Clear | ||||||
21 | and Present Danger Determinations Law. | ||||||
22 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
23 | Section 24-1 of the Criminal Code of 2012. | ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, | ||||||
25 | eff. 7-27-15; revised 10-20-15.)
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| |||||||
1 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
2 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
3 | of State Police has authority to deny an
application for or to | ||||||
4 | revoke and seize a Firearm Owner's Identification
Card | ||||||
5 | previously issued under this Act only if the Department finds | ||||||
6 | that the
applicant or the person to whom such card was issued | ||||||
7 | is or was at the time
of issuance:
| ||||||
8 | (a) A person under 21 years of age who has been | ||||||
9 | convicted of a
misdemeanor other than a traffic offense or | ||||||
10 | adjudged delinquent;
| ||||||
11 | (b) A person under 21 years of age who does not have | ||||||
12 | the written consent
of his parent or guardian to acquire | ||||||
13 | and possess firearms and firearm
ammunition, or whose | ||||||
14 | parent or guardian has revoked such written consent,
or | ||||||
15 | where such parent or guardian does not qualify to have a | ||||||
16 | Firearm Owner's
Identification Card;
| ||||||
17 | (c) A person convicted of a felony under the laws of | ||||||
18 | this or any other
jurisdiction;
| ||||||
19 | (d) A person addicted to narcotics;
| ||||||
20 | (e) A person who has been a patient of a mental health | ||||||
21 | facility within the
past 5 years or a person who has been a | ||||||
22 | patient in a mental health facility more than 5 years ago | ||||||
23 | who has not received the certification required under | ||||||
24 | subsection (u) of this Section. An active law enforcement | ||||||
25 | officer employed by a unit of government who is denied, | ||||||
26 | revoked, or has his or her Firearm Owner's Identification |
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| |||||||
1 | Card seized under this subsection (e) may obtain relief as | ||||||
2 | described in subsection (c-5) of Section 10 of this Act if | ||||||
3 | the officer did not act in a manner threatening to the | ||||||
4 | officer, another person, or the public as determined by the | ||||||
5 | treating clinical psychologist or physician, and the | ||||||
6 | officer seeks mental health treatment;
| ||||||
7 | (f) A person whose mental condition is of such a nature | ||||||
8 | that it poses
a clear and present danger to the applicant, | ||||||
9 | any other person or persons or
the community;
| ||||||
10 | (g) A person who has an intellectual disability;
| ||||||
11 | (h) A person who intentionally makes a false statement | ||||||
12 | in the Firearm
Owner's Identification Card application;
| ||||||
13 | (i) An alien who is unlawfully present in
the United | ||||||
14 | States under the laws of the United States;
| ||||||
15 | (i-5) An alien who has been admitted to the United | ||||||
16 | States under a
non-immigrant visa (as that term is defined | ||||||
17 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
18 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
19 | (i-5) does not apply to any alien who has been lawfully | ||||||
20 | admitted to
the United States under a non-immigrant visa if | ||||||
21 | that alien is:
| ||||||
22 | (1) admitted to the United States for lawful | ||||||
23 | hunting or sporting purposes;
| ||||||
24 | (2) an official representative of a foreign | ||||||
25 | government who is:
| ||||||
26 | (A) accredited to the United States Government |
| |||||||
| |||||||
1 | or the Government's
mission to an international | ||||||
2 | organization having its headquarters in the United
| ||||||
3 | States; or
| ||||||
4 | (B) en route to or from another country to | ||||||
5 | which that alien is
accredited;
| ||||||
6 | (3) an official of a foreign government or | ||||||
7 | distinguished foreign visitor
who has been so | ||||||
8 | designated by the Department of State;
| ||||||
9 | (4) a foreign law enforcement officer of a friendly | ||||||
10 | foreign government
entering the United States on | ||||||
11 | official business; or
| ||||||
12 | (5) one who has received a waiver from the Attorney | ||||||
13 | General of the United
States pursuant to 18 U.S.C. | ||||||
14 | 922(y)(3);
| ||||||
15 | (j) (Blank);
| ||||||
16 | (k) A person who has been convicted within the past 5 | ||||||
17 | years of battery,
assault, aggravated assault, violation | ||||||
18 | of an order of protection, or a
substantially similar | ||||||
19 | offense in another jurisdiction, in which a firearm was
| ||||||
20 | used or possessed;
| ||||||
21 | (l) A person who has been convicted of domestic | ||||||
22 | battery, aggravated domestic battery, or a substantially
| ||||||
23 | similar offense in another jurisdiction committed before, | ||||||
24 | on or after January 1, 2012 (the effective date of Public | ||||||
25 | Act 97-158). If the applicant or person who has been | ||||||
26 | previously issued a Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | under this Act knowingly and intelligently waives the right | ||||||
2 | to have an offense described in this paragraph (l) tried by | ||||||
3 | a jury, and by guilty plea or otherwise, results in a | ||||||
4 | conviction for an offense in which a domestic relationship | ||||||
5 | is not a required element of the offense but in which a | ||||||
6 | determination of the applicability of 18 U.S.C. 922(g)(9) | ||||||
7 | is made under Section 112A-11.1 of the Code of Criminal | ||||||
8 | Procedure of 1963, an entry by the court of a judgment of | ||||||
9 | conviction for that offense shall be grounds for denying an | ||||||
10 | application for and for revoking and seizing a Firearm | ||||||
11 | Owner's Identification Card previously issued to the | ||||||
12 | person under this Act;
| ||||||
13 | (m) (Blank);
| ||||||
14 | (n) A person who is prohibited from acquiring or | ||||||
15 | possessing
firearms or firearm ammunition by any Illinois | ||||||
16 | State statute or by federal
law ; however, this subsection | ||||||
17 | (n) does not apply to a person who is a registered | ||||||
18 | qualifying patient or registered designated caregiver | ||||||
19 | under the Compassionate Use of Medical Cannabis Pilot | ||||||
20 | Program Act ;
| ||||||
21 | (o) A minor subject to a petition filed under Section | ||||||
22 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
23 | minor is a delinquent minor for
the commission of an | ||||||
24 | offense that if committed by an adult would be a felony;
| ||||||
25 | (p) An adult who had been adjudicated a delinquent | ||||||
26 | minor under the Juvenile
Court Act of 1987 for the |
| |||||||
| |||||||
1 | commission of an offense that if committed by an
adult | ||||||
2 | would be a felony;
| ||||||
3 | (q) A person who is not a resident of the State of | ||||||
4 | Illinois, except as provided in subsection (a-10) of | ||||||
5 | Section 4; | ||||||
6 | (r) A person who has been adjudicated as a person with | ||||||
7 | a mental disability; | ||||||
8 | (s) A person who has been found to have a developmental | ||||||
9 | disability; | ||||||
10 | (t) A person involuntarily admitted into a mental | ||||||
11 | health facility; or | ||||||
12 | (u) A person who has had his or her Firearm Owner's | ||||||
13 | Identification Card revoked or denied under subsection (e) | ||||||
14 | of this Section or item (iv) of paragraph (2) of subsection | ||||||
15 | (a) of Section 4 of this Act because he or she was a | ||||||
16 | patient in a mental health facility as provided in | ||||||
17 | subsection (e) of this Section, shall not be permitted to | ||||||
18 | obtain a Firearm Owner's Identification Card, after the | ||||||
19 | 5-year period has lapsed, unless he or she has received a | ||||||
20 | mental health evaluation by a physician, clinical | ||||||
21 | psychologist, or qualified examiner as those terms are | ||||||
22 | defined in the Mental Health and Developmental | ||||||
23 | Disabilities Code, and has received a certification that he | ||||||
24 | or she is not a clear and present danger to himself, | ||||||
25 | herself, or others. The physician, clinical psychologist, | ||||||
26 | or qualified examiner making the certification and his or |
| |||||||
| |||||||
1 | her employer shall not be held criminally, civilly, or | ||||||
2 | professionally liable for making or not making the | ||||||
3 | certification required under this subsection, except for | ||||||
4 | willful or wanton misconduct. This subsection does not | ||||||
5 | apply to a person whose firearm possession rights have been | ||||||
6 | restored through administrative or judicial action under | ||||||
7 | Section 10 or 11 of this Act. | ||||||
8 | Upon revocation of a person's Firearm Owner's | ||||||
9 | Identification Card, the Department of State Police shall | ||||||
10 | provide notice to the person and the person shall comply with | ||||||
11 | Section 9.5 of this Act. | ||||||
12 | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | ||||||
13 | eff. 7-16-14; 99-143, eff. 7-27-15.)
| ||||||
14 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
15 | Sec. 10. Appeal to director; hearing; relief from firearm | ||||||
16 | prohibitions. | ||||||
17 | (a) Whenever an application for a Firearm Owner's | ||||||
18 | Identification
Card is denied, whenever the Department fails to | ||||||
19 | act on an application
within 30 days of its receipt, or | ||||||
20 | whenever such a Card is revoked or seized
as provided for in | ||||||
21 | Section 8 of this Act, the aggrieved party may
appeal
to the | ||||||
22 | Director of State Police for a hearing upon
such denial, | ||||||
23 | revocation or seizure, unless the denial, revocation, or | ||||||
24 | seizure
was based upon a forcible felony, stalking, aggravated | ||||||
25 | stalking, domestic
battery, any violation of the Illinois |
| |||||||
| |||||||
1 | Controlled Substances Act, the Methamphetamine Control and | ||||||
2 | Community Protection Act, or the
Cannabis Control Act that is | ||||||
3 | classified as a Class 2 or greater felony,
any
felony violation | ||||||
4 | of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||||||
5 | of 2012, or any
adjudication as a delinquent minor for the | ||||||
6 | commission of an
offense that if committed by an adult would be | ||||||
7 | a felony, in which case the
aggrieved party may petition the | ||||||
8 | circuit court in writing in the county of
his or her residence | ||||||
9 | for a hearing upon such denial, revocation, or seizure.
| ||||||
10 | (b) At least 30 days before any hearing in the circuit | ||||||
11 | court, the
petitioner shall serve the
relevant State's Attorney | ||||||
12 | with a copy of the petition. The State's Attorney
may object to | ||||||
13 | the petition and present evidence. At the hearing the court
| ||||||
14 | shall
determine whether substantial justice has been done. | ||||||
15 | Should the court
determine that substantial justice has not | ||||||
16 | been done, the court shall issue an
order directing the | ||||||
17 | Department of State Police to issue a Card. However, the court | ||||||
18 | shall not issue the order if the petitioner is otherwise | ||||||
19 | prohibited from obtaining, possessing, or using a firearm under
| ||||||
20 | federal law , unless the reason for denial or revocation is that | ||||||
21 | the person is a registered qualifying patient or registered | ||||||
22 | designated caregiver under the Compassionate Use of Medical | ||||||
23 | Cannabis Pilot Program Act .
| ||||||
24 | (c) Any person prohibited from possessing a firearm under | ||||||
25 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
26 | acquiring a Firearm Owner's
Identification Card under Section 8 |
| |||||||
| |||||||
1 | of this Act may apply to
the Director
of State Police
or | ||||||
2 | petition the circuit court in the county where the petitioner | ||||||
3 | resides,
whichever is applicable in accordance with subsection | ||||||
4 | (a) of this Section,
requesting relief
from such prohibition | ||||||
5 | and the Director or court may grant such relief if it
is
| ||||||
6 | established by the applicant to the court's or Director's | ||||||
7 | satisfaction
that:
| ||||||
8 | (0.05) when in the circuit court, the State's Attorney | ||||||
9 | has been served
with a written
copy of the
petition at | ||||||
10 | least 30 days before any such hearing in the circuit court | ||||||
11 | and at
the hearing the
State's Attorney was afforded an | ||||||
12 | opportunity to present evidence and object to
the petition;
| ||||||
13 | (1) the applicant has not been convicted of a forcible | ||||||
14 | felony under the
laws of this State or any other | ||||||
15 | jurisdiction within 20 years of the
applicant's | ||||||
16 | application for a Firearm Owner's Identification Card, or | ||||||
17 | at
least 20 years have passed since the end of any period | ||||||
18 | of imprisonment
imposed in relation to that conviction;
| ||||||
19 | (2) the circumstances regarding a criminal conviction, | ||||||
20 | where applicable,
the applicant's criminal history and his | ||||||
21 | reputation are such that the applicant
will not be likely | ||||||
22 | to act in a manner dangerous to public safety;
| ||||||
23 | (3) granting relief would not be contrary to the public | ||||||
24 | interest; and | ||||||
25 | (4) granting relief would not be contrary to federal | ||||||
26 | law.
|
| |||||||
| |||||||
1 | (c-5) (1) An active law enforcement officer employed by a | ||||||
2 | unit of government, who is denied, revoked, or has his or her | ||||||
3 | Firearm Owner's Identification Card seized under subsection | ||||||
4 | (e) of Section 8 of this Act may apply to the Director of State | ||||||
5 | Police requesting relief if the officer did not act in a manner | ||||||
6 | threatening to the officer, another person, or the public as | ||||||
7 | determined by the treating clinical psychologist or physician, | ||||||
8 | and as a result of his or her work is referred by the employer | ||||||
9 | for or voluntarily seeks mental health evaluation or treatment | ||||||
10 | by a licensed clinical psychologist, psychiatrist, or | ||||||
11 | qualified examiner, and: | ||||||
12 | (A) the officer has not received treatment | ||||||
13 | involuntarily at a mental health facility, regardless of | ||||||
14 | the length of admission; or has not been voluntarily | ||||||
15 | admitted to a mental health facility for more than 30 days | ||||||
16 | and not for more than one incident within the past 5 years; | ||||||
17 | and | ||||||
18 | (B) the officer has not left the mental institution | ||||||
19 | against medical advice. | ||||||
20 | (2) The Director of State Police shall grant expedited | ||||||
21 | relief to active law enforcement officers described in | ||||||
22 | paragraph (1) of this subsection (c-5) upon a determination by | ||||||
23 | the Director that the officer's possession of a firearm does | ||||||
24 | not present a threat to themselves, others, or public safety. | ||||||
25 | The Director shall act on the request for relief within 30 | ||||||
26 | business days of receipt of: |
| |||||||
| |||||||
1 | (A) a notarized statement from the officer in the form | ||||||
2 | prescribed by the Director detailing the circumstances | ||||||
3 | that led to the hospitalization; | ||||||
4 | (B) all documentation regarding the admission, | ||||||
5 | evaluation, treatment and discharge from the treating | ||||||
6 | licensed clinical psychologist or psychiatrist of the | ||||||
7 | officer; | ||||||
8 | (C) a psychological fitness for duty evaluation of the | ||||||
9 | person completed after the time of discharge; and | ||||||
10 | (D) written confirmation in the form prescribed by the | ||||||
11 | Director from the treating licensed clinical psychologist | ||||||
12 | or psychiatrist that the provisions set forth in paragraph | ||||||
13 | (1) of this subsection (c-5) have been met, the person | ||||||
14 | successfully completed treatment, and their professional | ||||||
15 | opinion regarding the person's ability to possess | ||||||
16 | firearms. | ||||||
17 | (3) Officers eligible for the expedited relief in paragraph | ||||||
18 | (2) of this subsection (c-5) have the burden of proof on | ||||||
19 | eligibility and must provide all information required. The | ||||||
20 | Director may not consider granting expedited relief until the | ||||||
21 | proof and information is received. | ||||||
22 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
23 | "qualified examiner" shall have the same meaning as provided in | ||||||
24 | Chapter I of the Mental Health and Developmental Disabilities | ||||||
25 | Code. | ||||||
26 | (c-10) (1) An applicant, who is denied, revoked, or has his |
| |||||||
| |||||||
1 | or her Firearm Owner's Identification Card seized under | ||||||
2 | subsection (e) of Section 8 of this Act based upon a | ||||||
3 | determination of a developmental disability or an intellectual | ||||||
4 | disability may apply to the Director of State Police requesting | ||||||
5 | relief. | ||||||
6 | (2) The Director shall act on the request for relief within | ||||||
7 | 60 business days of receipt of written certification, in the | ||||||
8 | form prescribed by the Director, from a physician or clinical | ||||||
9 | psychologist, or qualified examiner, that the aggrieved | ||||||
10 | party's developmental disability or intellectual disability | ||||||
11 | condition is determined by a physician, clinical psychologist, | ||||||
12 | or qualified to be mild. If a fact-finding conference is | ||||||
13 | scheduled to obtain additional information concerning the | ||||||
14 | circumstances of the denial or revocation, the 60 business days | ||||||
15 | the Director has to act shall be tolled until the completion of | ||||||
16 | the fact-finding conference. | ||||||
17 | (3) The Director may grant relief if the aggrieved party's | ||||||
18 | developmental disability or intellectual disability is mild as | ||||||
19 | determined by a physician, clinical psychologist, or qualified | ||||||
20 | examiner and it is established by the applicant to the | ||||||
21 | Director's satisfaction that: | ||||||
22 | (A) granting relief would not be contrary to the public | ||||||
23 | interest; and | ||||||
24 | (B) granting relief would not be contrary to federal | ||||||
25 | law. | ||||||
26 | (4) The Director may not grant relief if the condition is |
| |||||||
| |||||||
1 | determined by a physician, clinical psychologist, or qualified | ||||||
2 | examiner to be moderate, severe, or profound. | ||||||
3 | (5) The changes made to this Section by this amendatory Act | ||||||
4 | of the 99th General Assembly apply to requests for
relief | ||||||
5 | pending on or before the effective date of this amendatory Act, | ||||||
6 | except that the 60-day period for the Director to act on | ||||||
7 | requests pending before the effective date shall begin
on the | ||||||
8 | effective date of this amendatory Act. | ||||||
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 | ||||||
25 | Section. | ||||||
26 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
| |||||||
| |||||||
1 | eff. 7-20-15.)
| ||||||
2 | Section 99. Effective date. This Act takes effect upon | ||||||
3 | becoming law.
|