SB3433 99TH GENERAL ASSEMBLY

LRB099 21965 RLC 48987 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3433

Introduced 5/23/2016, by Sen. Dale A. Righter

SYNOPSIS AS INTRODUCED:

430 ILCS 66/15

Amends the Firearm Concealed Carry Act. Provides that a law enforcement agency objection to a license applicant based upon information in an arrest or incident report must be based upon information from an investigation of the objecting law enforcement agency and not an investigation of another law enforcement agency. Provides that nothing in the Act prohibits the law enforcement agency from contacting the investigating law enforcement agency regarding the license applicant. Provides that a law enforcement agency that submits an objection to a license applicant may withdraw that objection before its submission to the Concealed Carry Licensing Review Board. Provides that the Department of State Police may review a law enforcement agency objection to a license applicant before the Department's submission of the objection to the Board. Provides that the verification shall determine: (i) if the criteria under this Act for the submission of an objection by the law enforcement agency has been met, (ii) that the objection is against the proper person, and (iii) that information relevant to the objection has been included as required by the Act. Provides that an objection failing verification shall be returned to the objecting agency and that agency shall have 10 calendar days after receiving notification from the Department that the objection failed verification to submit to the Department the required information, a response, or withdrawal of the objection. Provides that if the objecting agency fails to act on the notification within the 10 calendar days, the Department may reject the objection and process the application in accordance with the Act.

A BILL FOR

AN ACT concerning safety.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Firearm Concealed Carry Act is amended by changing Section 15 as follows:

(430 ILCS 66/15)

Sec. 15. Objections by law enforcement agencies.

(a) Any law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. A law enforcement agency objection to a license applicant based upon information in an arrest or incident report must be based upon information from an investigation of the objecting law enforcement agency and not an investigation of another law enforcement agency. Nothing in this Act prohibits the law enforcement agency from contacting the investigating law enforcement agency regarding the license applicant. The objection shall be made by the chief law enforcement officer of the law enforcement agency, or his or her designee, and must include any information relevant to the objection. A law enforcement agency that submits an objection to a license applicant may withdraw that objection before its submission to the Board. If a law enforcement agency submits an objection within 30 days after the entry of an applicant into the database, the Department shall submit the objection, unless withdrawn or rejected as provided in this Section, and all information available to the Board under State and federal law related to the application to the Board within 10 days of completing all necessary background checks and a verification by the Department, if requested. The Department may review a law enforcement agency objection to a license applicant before the Department's submission of the objection to the Board. The verification shall determine: (i) if the criteria under this Act for the submission of an objection by the law enforcement agency has been met, (ii) that the objection is against the proper person, and (iii) that information relevant to the objection has been included as required by this Section. An objection failing verification shall be returned to the objecting agency and that agency shall have 10 calendar days after receiving notification from the Department that the objection failed verification to submit to the Department the required information, a response, or withdrawal of the objection. If the objecting agency fails to act on the notification within the 10 calendar days, the Department may reject the objection and process the application in accordance with this Act.

(b) If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board. For purposes of this subsection, "gang-related offense" is an offense described in Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of subsection (a) of Section 12-6.2, paragraph (2) of subsection (b) of Section 16-30, paragraph (2) of subsection (b) of Section 31-4, or item (iii) of paragraph (1.5) of subsection (i) of Section 48-1 of the Criminal Code of 2012.

(c) The referral of an objection under this Section to the Board shall toll the 90-day period for the Department to issue or deny the applicant a license under subsection (e) of Section 10 of this Act, during the period of review and until the Board issues its decision.

(d) If no objection is made by a law enforcement agency or the Department under this Section, the Department shall process the application in accordance with this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)