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Public Act 099-0029 | ||||
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AN ACT concerning safety.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Mental Health and Developmental | ||||
Disabilities Code is amended by changing Sections 6-103.2 and | ||||
6-103.3 as follows: | ||||
(405 ILCS 5/6-103.2) | ||||
Sec. 6-103.2. Developmental disability; notice. If For | ||||
purposes of this Section, if a person 14 years old or older is | ||||
determined to be developmentally disabled as defined in Section | ||||
1.1 of the Firearm Owners Identification Card Act by a | ||||
physician, clinical psychologist, or qualified examiner, | ||||
whether practicing at a public or by a private mental health | ||||
facility or developmental disability facility, the physician, | ||||
clinical psychologist, or qualified examiner shall notify the | ||||
Department of Human Services within 7 days 24 hours of making | ||||
the determination that the person has a developmental | ||||
disability. The Department of Human Services shall immediately | ||||
update its records and information relating to mental health | ||||
and developmental disabilities, and if appropriate, shall | ||||
notify the Department of State Police in a form and manner | ||||
prescribed by the Department of State Police. Information | ||||
disclosed under this Section shall remain privileged and |
confidential, and shall not be redisclosed, except as required | ||
under subsection (e) of Section 3.1 of the Firearm Owners | ||
Identification Card Act, nor used for any other purpose. The | ||
method of providing this information shall guarantee that the | ||
information is not released beyond that which is necessary for | ||
the purpose of this Section and shall be provided by rule by | ||
the Department of Human Services. The identity of the person | ||
reporting under this Section shall not be disclosed to the | ||
subject of the report. | ||
The physician, clinical psychologist, or qualified | ||
examiner making the determination and his or her employer may | ||
not be held criminally, civilly, or professionally liable for | ||
making or not making the notification required under this | ||
Section, except for willful or wanton misconduct.
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For purposes of this Section, "developmentally disabled" | ||
means a disability which is attributable to any other condition | ||
which results in impairment similar to that caused by an | ||
intellectual disability and which requires services similar to | ||
those required by intellectually disabled persons. The | ||
disability must originate before the age of 18 years, be | ||
expected to continue indefinitely, and constitute a | ||
substantial disability. This disability results in the | ||
professional opinion of a physician, clinical psychologist, or | ||
qualified examiner, in significant functional limitations in 3 | ||
or more of the following areas of major life activity: | ||
(i) self-care; |
(ii) receptive and expressive language; | ||
(iii) learning; | ||
(iv) mobility; or | ||
(v) self-direction. | ||
"Determined to be developmentally disabled by a physician, | ||
clinical psychologist, or qualified examiner" means in the | ||
professional opinion of the physician, clinical psychologist, | ||
or qualified examiner, a person is diagnosed, assessed, or | ||
evaluated to be developmentally disabled. | ||
(Source: P.A. 98-63, eff. 7-9-13.) | ||
(405 ILCS 5/6-103.3) | ||
Sec. 6-103.3. Clear and present danger; notice. If a person | ||
is determined to pose a clear and present danger to himself, | ||
herself, or to others by a physician, clinical psychologist, or | ||
qualified examiner, whether employed by the State, by any | ||
public or private mental health facility or part thereof, or by | ||
a law enforcement official or a school administrator, then the | ||
physician, clinical psychologist, qualified examiner shall | ||
notify the Department of Human Services and a law enforcement | ||
official or school administrator shall notify the Department of | ||
State Police, within 24 hours of making the determination that | ||
the person poses a clear and present danger. The Department of | ||
Human Services shall immediately update its records and | ||
information relating to mental health and developmental | ||
disabilities, and if appropriate, shall notify the Department |
of State Police in a form and manner prescribed by the | ||
Department of State Police. Information disclosed under this | ||
Section shall remain privileged and confidential, and shall not | ||
be redisclosed, except as required under subsection (e) of | ||
Section 3.1 of the Firearm Owners Identification Card Act, nor | ||
used for any other purpose. The method of providing this | ||
information shall guarantee that the information is not | ||
released beyond that which is necessary for the purpose of this | ||
Section and shall be provided by rule by the Department of | ||
Human Services. The identity of the person reporting under this | ||
Section shall not be disclosed to the subject of the report. | ||
The physician, clinical psychologist, qualified examiner, law | ||
enforcement official, or school administrator making the | ||
determination and his or her employer shall not be held | ||
criminally, civilly, or professionally liable for making or not | ||
making the notification required under this Section, except for | ||
willful or wanton misconduct. This Section does not apply to a | ||
law enforcement official, if making the notification under this | ||
Section will interfere with an ongoing or pending criminal | ||
investigation. | ||
For the purposes of this Section: | ||
"Clear and present danger" has the meaning ascribed to | ||
it in Section 1.1 of the Firearm Owners Identification Card | ||
Act. | ||
"Determined to pose a clear and present danger to | ||
himself, herself, or to others by a physician, clinical |
psychologist, or qualified examiner" means in the | ||
professional opinion of the physician, clinical | ||
psychologist, or qualified examiner, a person poses a clear | ||
and present danger. | ||
"School administrator" means the person required to | ||
report under the School Administrator Reporting of Mental | ||
Health Clear and Present Danger Determinations Law.
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(Source: P.A. 98-63, eff. 7-9-13.) | ||
Section 10. The Firearm Owners Identification Card Act is | ||
amended by changing Sections 1.1, 2, 3, 3a, and 10 as follows:
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(430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
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Sec. 1.1. For purposes of this Act:
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"Addicted to narcotics" means a person who has been: | ||
(1) convicted of an offense involving the use or | ||
possession of cannabis, a controlled substance, or | ||
methamphetamine within the past year; or | ||
(2) determined by the Department of State Police to be | ||
addicted to narcotics based upon federal law or federal | ||
guidelines. | ||
"Addicted to narcotics" does not include possession or use | ||
of a prescribed controlled substance under the direction and | ||
authority of a physician or other person authorized to | ||
prescribe the controlled substance when the controlled | ||
substance is used in the prescribed manner. |
"Adjudicated as a mentally disabled person" means the | ||
person is the subject of a determination by a court, board, | ||
commission or other lawful authority that the person, as a | ||
result of marked subnormal intelligence, or mental illness, | ||
mental impairment, incompetency, condition, or disease: | ||
(1) presents a clear and present danger to himself, | ||
herself, or to others; | ||
(2) lacks the mental capacity to manage his or her own | ||
affairs or is adjudicated a disabled person as defined in | ||
Section 11a-2 of the Probate Act of 1975; | ||
(3) is not guilty in a criminal case by reason of | ||
insanity, mental disease or defect; | ||
(3.5) is guilty but mentally ill, as provided in | ||
Section 5-2-6 of the Unified Code of Corrections; | ||
(4) is incompetent to stand trial in a criminal case; | ||
(5) is not guilty by reason of lack of mental | ||
responsibility under Articles 50a and 72b of the Uniform | ||
Code of Military Justice, 10 U.S.C. 850a, 876b;
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(6) is a sexually violent person under subsection (f) | ||
of Section 5 of the Sexually Violent Persons Commitment | ||
Act; | ||
(7) is a sexually dangerous person under the Sexually | ||
Dangerous Persons Act; | ||
(8) is unfit to stand trial under the Juvenile Court | ||
Act of 1987; | ||
(9) is not guilty by reason of insanity under the |
Juvenile Court Act of 1987; | ||
(10) is subject to involuntary admission as an | ||
inpatient as defined in Section 1-119 of the Mental Health | ||
and Developmental Disabilities Code; | ||
(11) is subject to involuntary admission as an | ||
outpatient as defined in Section 1-119.1 of the Mental | ||
Health and Developmental Disabilities Code; | ||
(12) is subject to judicial admission as set forth in | ||
Section 4-500 of the Mental Health and Developmental | ||
Disabilities Code; or | ||
(13) is subject to the provisions of the Interstate | ||
Agreements on Sexually Dangerous Persons Act. | ||
"Clear and present danger" means a person who: | ||
(1) communicates a serious threat of physical violence | ||
against a reasonably identifiable victim or poses a clear | ||
and imminent risk of serious physical injury to himself, | ||
herself, or another person as determined by a physician, | ||
clinical psychologist, or qualified examiner; or | ||
(2) demonstrates threatening physical or verbal | ||
behavior, such as violent, suicidal, or assaultive | ||
threats, actions, or other behavior, as determined by a | ||
physician, clinical psychologist, qualified examiner, | ||
school administrator, or law enforcement official. | ||
"Clinical psychologist" has the meaning provided in | ||
Section 1-103 of the Mental Health and Developmental | ||
Disabilities Code. |
"Controlled substance" means a controlled substance or | ||
controlled substance analog as defined in the Illinois | ||
Controlled Substances Act. | ||
"Counterfeit" means to copy or imitate, without legal | ||
authority, with
intent
to deceive. | ||
"Developmentally disabled" means a disability which is | ||
attributable to any other condition which results in impairment | ||
similar to that caused by an intellectual disability and which | ||
requires services similar to those required by intellectually | ||
disabled persons. The disability must originate before the age | ||
of 18
years, be expected to continue indefinitely, and | ||
constitute a substantial disability handicap . | ||
This disability results in the professional opinion of a | ||
physician, clinical psychologist, or qualified examiner, in | ||
significant functional limitations in 3 or more of the | ||
following areas of major life activity: | ||
(i) self-care; | ||
(ii) receptive and expressive language; | ||
(iii) learning; | ||
(iv) mobility; or | ||
(v) self-direction. | ||
"Federally licensed firearm dealer" means a person who is | ||
licensed as a federal firearms dealer under Section 923 of the | ||
federal Gun Control Act of 1968 (18 U.S.C. 923).
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"Firearm" means any device, by
whatever name known, which | ||
is designed to expel a projectile or projectiles
by the action |
of an explosion, expansion of gas or escape of gas; excluding,
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however:
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(1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which
expels a single globular projectile not | ||
exceeding .18 inch in
diameter or which has a maximum | ||
muzzle velocity of less than 700 feet
per second;
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(1.1) any pneumatic gun, spring gun, paint ball gun, or | ||
B-B gun which expels breakable paint balls containing | ||
washable marking colors;
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(2) any device used exclusively for signalling or | ||
safety and required or
recommended by the United States | ||
Coast Guard or the Interstate Commerce
Commission;
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(3) any device used exclusively for the firing of stud | ||
cartridges,
explosive rivets or similar industrial | ||
ammunition; and
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(4) an antique firearm (other than a machine-gun) | ||
which, although
designed as a weapon, the Department of | ||
State Police finds by reason of
the date of its | ||
manufacture, value, design, and other characteristics is
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primarily a collector's item and is not likely to be used | ||
as a weapon.
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"Firearm ammunition" means any self-contained cartridge or | ||
shotgun
shell, by whatever name known, which is designed to be | ||
used or adaptable to
use in a firearm; excluding, however:
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(1) any ammunition exclusively designed for use with a | ||
device used
exclusively for signalling or safety and |
required or recommended by the
United States Coast Guard or | ||
the Interstate Commerce Commission; and
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(2) any ammunition designed exclusively for use with a | ||
stud or rivet
driver or other similar industrial | ||
ammunition. | ||
"Gun show" means an event or function: | ||
(1) at which the sale and transfer of firearms is the | ||
regular and normal course of business and where 50 or more | ||
firearms are displayed, offered, or exhibited for sale, | ||
transfer, or exchange; or | ||
(2) at which not less than 10 gun show vendors display, | ||
offer, or exhibit for sale, sell, transfer, or exchange | ||
firearms.
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"Gun show" includes the entire premises provided for an | ||
event or function, including parking areas for the event or | ||
function, that is sponsored to facilitate the purchase, sale, | ||
transfer, or exchange of firearms as described in this Section.
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Nothing in this definition shall be construed to exclude a gun | ||
show held in conjunction with competitive shooting events at | ||
the World Shooting Complex sanctioned by a national governing | ||
body in which the sale or transfer of firearms is authorized | ||
under subparagraph (5) of paragraph (g) of subsection (A) of | ||
Section 24-3 of the Criminal Code of 2012. | ||
Unless otherwise expressly stated, "gun show" "Gun show" | ||
does not include training or safety classes, competitive | ||
shooting events, such as rifle, shotgun, or handgun matches, |
trap, skeet, or sporting clays shoots, dinners, banquets, | ||
raffles, or
any other event where the sale or transfer of | ||
firearms is not the primary course of business. | ||
"Gun show promoter" means a person who organizes or | ||
operates a gun show. | ||
"Gun show vendor" means a person who exhibits, sells, | ||
offers for sale, transfers, or exchanges any firearms at a gun | ||
show, regardless of whether the person arranges with a gun show | ||
promoter for a fixed location from which to exhibit, sell, | ||
offer for sale, transfer, or exchange any firearm. | ||
"Intellectually disabled" means significantly subaverage | ||
general intellectual functioning which exists concurrently | ||
with impairment in adaptive behavior and which originates | ||
before the age of 18 years. | ||
"Involuntarily admitted" has the meaning as prescribed in | ||
Sections 1-119 and 1-119.1 of the Mental Health and | ||
Developmental Disabilities Code. | ||
"Mental health facility" means any licensed private | ||
hospital or hospital affiliate, institution, or facility, or | ||
part thereof, and any facility, or part thereof, operated by | ||
the State or a political subdivision thereof which provide | ||
treatment of persons with mental illness and includes all | ||
hospitals, institutions, clinics, evaluation facilities, | ||
mental health centers, colleges, universities, long-term care | ||
facilities, and nursing homes, or parts thereof, which provide | ||
treatment of persons with mental illness whether or not the |
primary purpose is to provide treatment of persons with mental | ||
illness. | ||
"National governing body" means a group of persons who | ||
adopt rules and formulate policy on behalf of a national | ||
firearm sporting organization. | ||
"Patient" means: | ||
(1) a person who voluntarily receives mental health | ||
treatment as an in-patient or resident of any public or | ||
private mental health facility, unless the treatment was | ||
solely for an alcohol abuse disorder and no other secondary | ||
substance abuse disorder or mental illness; or | ||
(2) a person who voluntarily receives mental health | ||
treatment as an out-patient or is provided services by a | ||
public or private mental health facility, and who poses a | ||
clear and present danger to himself, herself, or to others. | ||
"Physician" has the meaning as defined in Section 1-120 of | ||
the Mental Health and Developmental Disabilities Code. | ||
"Qualified examiner" has the meaning provided in Section | ||
1-122 of the Mental Health and Developmental Disabilities Code. | ||
"Sanctioned competitive shooting event" means a shooting | ||
contest officially recognized by a national or state shooting | ||
sport association, and includes any sight-in or practice | ||
conducted in conjunction with the event.
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"School administrator" means the person required to report | ||
under the School Administrator Reporting of Mental Health Clear | ||
and Present Danger Determinations Law. |
"Stun gun or taser" has the meaning ascribed to it in | ||
Section 24-1 of the Criminal Code of 2012. | ||
(Source: P.A. 97-776, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||
97-1167, eff. 6-1-13; 98-63, eff. 7-9-13.)
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(430 ILCS 65/2) (from Ch. 38, par. 83-2)
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Sec. 2. Firearm Owner's Identification Card required; | ||
exceptions.
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(a) (1) No person may acquire or possess any firearm, stun | ||
gun, or taser within this State
without having in his or | ||
her possession a Firearm Owner's Identification Card
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previously issued in his or her name by the Department of | ||
State Police under
the provisions of this Act.
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(2) No person may acquire or possess firearm ammunition | ||
within this
State without having in his or her possession a | ||
Firearm Owner's Identification
Card previously issued in | ||
his or her name by the Department of State Police
under the | ||
provisions of this Act.
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(b) The provisions of this Section regarding the possession | ||
of firearms, firearm ammunition, stun guns, and tasers do not | ||
apply to:
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(1) United States Marshals, while engaged in the | ||
operation of their
official duties;
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(2) Members of the Armed Forces of the United States or | ||
the National
Guard, while engaged in the operation of their | ||
official duties;
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(3) Federal officials required to carry firearms, | ||
while engaged in the
operation of their official duties;
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(4) Members of bona fide veterans organizations which | ||
receive firearms
directly from the armed forces of the | ||
United States, while using the
firearms for ceremonial | ||
purposes with blank ammunition;
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(5) Nonresident hunters during hunting season, with | ||
valid nonresident
hunting licenses and while in an area | ||
where hunting is permitted; however,
at all other times and | ||
in all other places these persons must have their
firearms | ||
unloaded and enclosed in a case;
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(6) Those hunters exempt from obtaining a hunting | ||
license who are
required to submit their Firearm Owner's | ||
Identification Card when hunting
on Department of Natural | ||
Resources owned or managed sites;
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(7) Nonresidents while on a firing or shooting range | ||
recognized by the
Department of State Police; however, | ||
these persons must at all other times
and in all other | ||
places have their firearms unloaded and enclosed in a case;
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(8) Nonresidents while at a firearm showing or display | ||
recognized by
the Department of State Police; however, at | ||
all other times and in all
other places these persons must | ||
have their firearms unloaded and enclosed
in a case;
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(9) Nonresidents whose firearms are unloaded and | ||
enclosed in a case;
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(10) Nonresidents who are currently licensed or |
registered to possess a
firearm in their resident state;
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(11) Unemancipated minors while in the custody and | ||
immediate control of
their parent or legal guardian or | ||
other person in loco parentis to the
minor if the parent or | ||
legal guardian or other person in loco parentis to
the | ||
minor has a currently valid Firearm Owner's Identification
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Card;
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(12) Color guards of bona fide veterans organizations | ||
or members of bona
fide American Legion bands while using | ||
firearms for ceremonial purposes
with blank ammunition;
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(13) Nonresident hunters whose state of residence does | ||
not require
them to be licensed or registered to possess a | ||
firearm and only during
hunting season, with valid hunting | ||
licenses, while accompanied by, and
using a firearm owned | ||
by, a person who possesses a valid Firearm Owner's
| ||
Identification Card and while in an area within a | ||
commercial club licensed
under the Wildlife Code where | ||
hunting is permitted and controlled, but in
no instance | ||
upon sites owned or managed by the Department of Natural
| ||
Resources;
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(14) Resident hunters who are properly authorized to | ||
hunt and,
while accompanied by a person who possesses a | ||
valid Firearm Owner's
Identification Card, hunt in an area | ||
within a commercial club licensed
under the Wildlife Code | ||
where hunting is permitted and controlled;
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(15) A person who is otherwise eligible to obtain a |
Firearm Owner's
Identification Card under this Act and is | ||
under the direct supervision of a
holder of a Firearm
| ||
Owner's Identification Card who is 21 years of age or older | ||
while the person is
on a firing or shooting range
or is a
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participant in a firearms safety and training course | ||
recognized by a law
enforcement agency or a national, | ||
statewide shooting sports organization; and
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(16) Competitive shooting athletes whose competition | ||
firearms are sanctioned by the International Olympic | ||
Committee, the International Paralympic Committee, the | ||
International Shooting Sport Federation, or USA Shooting | ||
in connection with such athletes' training for and | ||
participation in shooting competitions at the 2016 Olympic | ||
and Paralympic Games and sanctioned test events leading up | ||
to the 2016 Olympic and Paralympic Games. | ||
(c) The provisions of this Section regarding the | ||
acquisition and possession
of firearms, firearm ammunition, | ||
stun guns, and tasers do not apply to law enforcement officials
| ||
of this or any other jurisdiction, while engaged in the | ||
operation of their
official duties.
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(c-5) The provisions of paragraphs (1) and (2) of | ||
subsection (a) of this Section regarding the possession of | ||
firearms
and firearm ammunition do not apply to the holder of a | ||
valid concealed carry
license issued under the Firearm | ||
Concealed Carry Act who is in physical
possession of the | ||
concealed carry license. |
(d) Any person who becomes a resident of this State, who is | ||
not otherwise prohibited from obtaining, possessing, or using a | ||
firearm or firearm ammunition, shall not be required to have a | ||
Firearm Owner's Identification Card to possess firearms or | ||
firearms ammunition until 60 calendar days after he or she | ||
obtains an Illinois driver's license or Illinois | ||
Identification Card. | ||
(Source: P.A. 96-7, eff. 4-3-09; 97-1131, eff. 1-1-13.)
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(430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||
Sec. 3. (a) Except as provided in Section 3a, no person may | ||
knowingly
transfer, or cause to be transferred, any firearm, | ||
firearm ammunition, stun gun, or taser to any person within | ||
this State unless the
transferee with whom he deals displays | ||
either: (1) a currently valid Firearm Owner's
Identification | ||
Card which has previously been issued in his or her name by the
| ||
Department of State Police under the provisions of this Act ; or | ||
(2) a currently valid license to carry a concealed firearm | ||
which has previously been issued in his or her name by the
| ||
Department of State Police under the Firearm Concealed Carry | ||
Act . In addition,
all firearm, stun gun, and taser transfers by | ||
federally licensed firearm dealers are subject
to Section 3.1. | ||
(a-5) Any person who is not a federally licensed firearm | ||
dealer and who desires to transfer or sell a firearm while that | ||
person is on the grounds of a gun show must, before selling or | ||
transferring the firearm, request the Department of State |
Police to conduct a background check on the prospective | ||
recipient of the firearm in accordance with Section 3.1.
| ||
(a-10) Notwithstanding item (2) of subsection (a) of this | ||
Section, any Any person who is not a federally licensed firearm | ||
dealer and who desires to transfer or sell a firearm or | ||
firearms to any person who is not a federally licensed firearm | ||
dealer shall, before selling or transferring the firearms, | ||
contact the Department of State Police with the transferee's or | ||
purchaser's Firearm Owner's Identification Card number to | ||
determine the validity of the transferee's or purchaser's | ||
Firearm Owner's Identification Card. This subsection shall not | ||
be effective until January 1, 2014. The Department of State | ||
Police may adopt rules concerning the implementation of this | ||
subsection. The Department of State Police shall provide the | ||
seller or transferor an approval number if the purchaser's | ||
Firearm Owner's Identification Card is valid. Approvals issued | ||
by the Department for the purchase of a firearm pursuant to | ||
this subsection are valid for 30 days from the date of issue. | ||
(a-15) The provisions of subsection (a-10) of this Section | ||
do not apply to: | ||
(1) transfers that occur at the place of business of a | ||
federally licensed firearm dealer, if the federally | ||
licensed firearm dealer conducts a background check on the | ||
prospective recipient of the firearm in accordance with | ||
Section 3.1 of this Act and follows all other applicable | ||
federal, State, and local laws as if he or she were the |
seller or transferor of the firearm, although the dealer is | ||
not required to accept the firearm into his or her | ||
inventory. The purchaser or transferee may be required by | ||
the federally licensed firearm dealer to pay a fee not to | ||
exceed $10 per firearm, which the dealer may retain as | ||
compensation for performing the functions required under | ||
this paragraph, plus the applicable fees authorized by | ||
Section 3.1; | ||
(2) transfers as a bona fide gift to the transferor's | ||
husband, wife, son, daughter, stepson, stepdaughter, | ||
father, mother, stepfather, stepmother, brother, sister, | ||
nephew, niece, uncle, aunt, grandfather, grandmother, | ||
grandson, granddaughter, father-in-law, mother-in-law, | ||
son-in-law, or daughter-in-law; | ||
(3) transfers by persons acting pursuant to operation | ||
of law or a court order; | ||
(4) transfers on the grounds of a gun show under | ||
subsection (a-5) of this Section; | ||
(5) the delivery of a firearm by its owner to a | ||
gunsmith for service or repair, the return of the firearm | ||
to its owner by the gunsmith, or the delivery of a firearm | ||
by a gunsmith to a federally licensed firearms dealer for | ||
service or repair and the return of the firearm to the | ||
gunsmith; | ||
(6) temporary transfers that occur while in the home of | ||
the unlicensed transferee, if the unlicensed transferee is |
not otherwise prohibited from possessing firearms and the | ||
unlicensed transferee reasonably believes that possession | ||
of the firearm is necessary to prevent imminent death or | ||
great bodily harm to the unlicensed transferee; | ||
(7) transfers to a law enforcement or corrections | ||
agency or a law enforcement or corrections officer acting | ||
within the course and scope of his or her official duties; | ||
(8) transfers of firearms that have been rendered | ||
permanently inoperable to a nonprofit historical society, | ||
museum, or institutional collection; and | ||
(9) transfers to a person who is exempt from the | ||
requirement of possessing a Firearm Owner's Identification | ||
Card under Section 2 of this Act. | ||
(a-20) The Department of State Police shall develop an | ||
Internet-based system for individuals to determine the | ||
validity of a Firearm Owner's Identification Card prior to the | ||
sale or transfer of a firearm. The Department shall have the | ||
Internet-based system completed and available for use by July | ||
1, 2015. The Department shall adopt rules not inconsistent with | ||
this Section to implement this system. | ||
(b) Any person within this State who transfers or causes to | ||
be
transferred any firearm, stun gun, or taser shall keep a | ||
record of such transfer for a period
of 10 years from the date | ||
of transfer. Such record shall contain the date
of the | ||
transfer; the description, serial number or other information
| ||
identifying the firearm, stun gun, or taser if no serial number |
is available; and, if the
transfer was completed within this | ||
State, the transferee's Firearm Owner's
Identification Card | ||
number and any approval number or documentation provided by the | ||
Department of State Police pursuant to subsection (a-10) of | ||
this Section. On or after January 1, 2006, the record shall | ||
contain the date of application for transfer of the firearm. On | ||
demand of a peace officer such transferor
shall produce for | ||
inspection such record of transfer. If the transfer or sale | ||
took place at a gun show, the record shall include the unique | ||
identification number. Failure to record the unique | ||
identification number or approval number is a petty offense.
| ||
(b-5) Any resident may purchase ammunition from a person | ||
within or outside of Illinois if shipment is by United States | ||
mail or by a private express carrier authorized by federal law | ||
to ship ammunition. Any resident purchasing ammunition within | ||
or outside the State of Illinois must provide the seller with a | ||
copy of his or her valid Firearm Owner's Identification Card or | ||
valid concealed carry license and either his or her Illinois | ||
driver's license or Illinois State Identification Card prior to | ||
the shipment of the ammunition. The ammunition may be shipped | ||
only to an address on either of those 2 documents. | ||
(c) The provisions of this Section regarding the transfer | ||
of firearm
ammunition shall not apply to those persons | ||
specified in paragraph (b) of
Section 2 of this Act. | ||
(Source: P.A. 97-1135, eff. 12-4-12; 98-508, eff. 8-19-13.)
|
(430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| ||
Sec. 3a. (a) Any resident of Illinois who has obtained a | ||
firearm
owner's identification card pursuant to this Act and | ||
who is not otherwise
prohibited from obtaining, possessing or | ||
using a firearm may purchase or
obtain a rifle or shotgun or | ||
ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||
Wisconsin or Kentucky.
| ||
(b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||
Kentucky
or a
non-resident with a valid non-resident hunting | ||
license, who
is 18 years of age or older and who is not | ||
prohibited by the laws of
Illinois, the state of his domicile, | ||
or the United States from obtaining,
possessing or using a | ||
firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||
for a rifle or shotgun in Illinois.
| ||
(b-5) Any non-resident who is participating in a sanctioned | ||
competitive
shooting
event, who is 18 years of age or older and | ||
who is not prohibited by the laws of
Illinois,
the state of his | ||
or her domicile, or the United States from obtaining,
| ||
possessing, or using
a firearm, may purchase or obtain a | ||
shotgun or shotgun ammunition in Illinois
for the
purpose of | ||
participating in that event. A person may purchase or obtain a
| ||
shotgun or
shotgun ammunition under this subsection only at the | ||
site where the sanctioned
competitive shooting event is being | ||
held.
| ||
(b-10) Any non-resident registered competitor or attendee | ||
of a competitive shooting
event held at the World Shooting |
Complex sanctioned by a national governing
body, who is not | ||
prohibited by the laws of Illinois, the state of his or her
| ||
domicile, or the United States from obtaining, possessing, or | ||
using a firearm
may purchase or obtain a rifle, shotgun, or | ||
other long gun or ammunition for
a rifle, shotgun, or other | ||
long gun at the competitive shooting event. The
sanctioning | ||
body shall provide a list of registered competitors and | ||
attendees as required
under subparagraph (5) of paragraph (g) | ||
of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||
A competitor or attendee of a competitive shooting event who | ||
does not wish to
purchase a firearm at the event is not | ||
required to register or have his or her name
appear on a list | ||
of registered competitors and attendees provided to the | ||
Department of State
Police by the sanctioning body. | ||
(c) Any transaction under this Section is subject to the | ||
provisions of
the Gun Control Act of 1968 (18 U.S.C. 922 | ||
(b)(3)).
| ||
(Source: P.A. 94-353, eff. 7-29-05.)
| ||
(430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||
Sec. 10. Appeal to director; hearing; relief from firearm | ||
prohibitions. | ||
(a) Whenever an application for a Firearm Owner's | ||
Identification
Card is denied, whenever the Department fails to | ||
act on an application
within 30 days of its receipt, or | ||
whenever such a Card is revoked or seized
as provided for in |
Section 8 of this Act, the aggrieved party may
appeal
to the | ||
Director of State Police for a hearing upon
such denial, | ||
revocation or seizure, unless the denial, revocation, or | ||
seizure
was based upon a forcible felony, stalking, aggravated | ||
stalking, domestic
battery, any violation of the Illinois | ||
Controlled Substances Act, the Methamphetamine Control and | ||
Community Protection Act, or the
Cannabis Control Act that is | ||
classified as a Class 2 or greater felony,
any
felony violation | ||
of Article 24 of the Criminal Code of 1961 or the Criminal Code | ||
of 2012, or any
adjudication as a delinquent minor for the | ||
commission of an
offense that if committed by an adult would be | ||
a felony, in which case the
aggrieved party may petition the | ||
circuit court in writing in the county of
his or her residence | ||
for a hearing upon such denial, revocation, or seizure.
| ||
(b) At least 30 days before any hearing in the circuit | ||
court, the
petitioner shall serve the
relevant State's Attorney | ||
with a copy of the petition. The State's Attorney
may object to | ||
the petition and present evidence. At the hearing the court
| ||
shall
determine whether substantial justice has been done. | ||
Should the court
determine that substantial justice has not | ||
been done, the court shall issue an
order directing the | ||
Department of State Police to issue a Card. However, the court | ||
shall not issue the order if the petitioner is otherwise | ||
prohibited from obtaining, possessing, or using a firearm under
| ||
federal law.
| ||
(c) Any person prohibited from possessing a firearm under |
Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||
acquiring a Firearm Owner's
Identification Card under Section 8 | ||
of this Act may apply to
the Director
of State Police
or | ||
petition the circuit court in the county where the petitioner | ||
resides,
whichever is applicable in accordance with subsection | ||
(a) of this Section,
requesting relief
from such prohibition | ||
and the Director or court may grant such relief if it
is
| ||
established by the applicant to the court's or Director's | ||
satisfaction
that:
| ||
(0.05) when in the circuit court, the State's Attorney | ||
has been served
with a written
copy of the
petition at | ||
least 30 days before any such hearing in the circuit court | ||
and at
the hearing the
State's Attorney was afforded an | ||
opportunity to present evidence and object to
the petition;
| ||
(1) the applicant has not been convicted of a forcible | ||
felony under the
laws of this State or any other | ||
jurisdiction within 20 years of the
applicant's | ||
application for a Firearm Owner's Identification Card, or | ||
at
least 20 years have passed since the end of any period | ||
of imprisonment
imposed in relation to that conviction;
| ||
(2) the circumstances regarding a criminal conviction, | ||
where applicable,
the applicant's criminal history and his | ||
reputation are such that the applicant
will not be likely | ||
to act in a manner dangerous to public safety;
| ||
(3) granting relief would not be contrary to the public | ||
interest; and |
(4) granting relief would not be contrary to federal | ||
law.
| ||
(c-5) (1) An active law enforcement officer employed by a | ||
unit of government, who is denied, revoked, or has his or her | ||
Firearm Owner's Identification Card seized under subsection | ||
(e) of Section 8 of this Act may apply to the Director of State | ||
Police requesting relief if the officer did not act in a manner | ||
threatening to the officer, another person, or the public as | ||
determined by the treating clinical psychologist or physician, | ||
and as a result of his or her work is referred by the employer | ||
for or voluntarily seeks mental health evaluation or treatment | ||
by a licensed clinical psychologist, psychiatrist, or | ||
qualified examiner, and: | ||
(A) the officer has not received treatment | ||
involuntarily at a mental health facility, regardless of | ||
the length of admission; or has not been voluntarily | ||
admitted to a mental health facility for more than 30 days | ||
and not for more than one incident within the past 5 years; | ||
and | ||
(B) the officer has not left the mental institution | ||
against medical advice. | ||
(2) The Director of State Police shall grant expedited | ||
relief to active law enforcement officers described in | ||
paragraph (1) of this subsection (c-5) upon a determination by | ||
the Director that the officer's possession of a firearm does | ||
not present a threat to themselves, others, or public safety. |
The Director shall act on the request for relief within 30 | ||
business days of receipt of: | ||
(A) a notarized statement from the officer in the form | ||
prescribed by the Director detailing the circumstances | ||
that led to the hospitalization; | ||
(B) all documentation regarding the admission, | ||
evaluation, treatment and discharge from the treating | ||
licensed clinical psychologist or psychiatrist of the | ||
officer; | ||
(C) a psychological fitness for duty evaluation of the | ||
person completed after the time of discharge; and | ||
(D) written confirmation in the form prescribed by the | ||
Director from the treating licensed clinical psychologist | ||
or psychiatrist that the provisions set forth in paragraph | ||
(1) of this subsection (c-5) have been met, the person | ||
successfully completed treatment, and their professional | ||
opinion regarding the person's ability to possess | ||
firearms. | ||
(3) Officers eligible for the expedited relief in paragraph | ||
(2) of this subsection (c-5) have the burden of proof on | ||
eligibility and must provide all information required. The | ||
Director may not consider granting expedited relief until the | ||
proof and information is received. | ||
(4) "Clinical psychologist", "psychiatrist", and | ||
"qualified examiner" shall have the same meaning as provided in | ||
Chapter I 1 of the Mental Health and Developmental Disabilities |
Code. | ||
(c-10) (1) An applicant, who is denied, revoked, or has his | ||
or her Firearm Owner's Identification Card seized under | ||
subsection (e) of Section 8 of this Act based upon a | ||
determination of a developmental disability or an intellectual | ||
disability may apply to the Director of State Police requesting | ||
relief. | ||
(2) The Director shall act on the request for relief within | ||
60 business days of receipt of written certification, in the | ||
form prescribed by the Director, from a physician or clinical | ||
psychologist, or qualified examiner, that the aggrieved | ||
party's developmental disability or intellectual disability | ||
condition is determined by a physician, clinical psychologist, | ||
or qualified to be mild. If a fact-finding conference is | ||
scheduled to obtain additional information concerning the | ||
circumstances of the denial or revocation, the 60 business days | ||
the Director has to act shall be tolled until the completion of | ||
the fact-finding conference. | ||
(3) The Director may grant relief if the aggrieved party's | ||
developmental disability or intellectual disability is mild as | ||
determined by a physician, clinical psychologist, or qualified | ||
examiner and it is established by the applicant to the | ||
Director's satisfaction that: | ||
(A) granting relief would not be contrary to the public | ||
interest; and | ||
(B) granting relief would not be contrary to federal |
law. | ||
(4) The Director may not grant relief if the condition is | ||
determined by a physician, clinical psychologist, or qualified | ||
examiner to be moderate, severe, or profound. | ||
(5) The changes made to this Section by this amendatory Act | ||
of the 99th General Assembly apply to requests for
relief | ||
pending on or before the effective date of this amendatory Act, | ||
except that the 60-day period for the Director to act on | ||
requests pending before the effective date shall begin
on the | ||
effective date of this amendatory Act. | ||
(d) When a minor is adjudicated delinquent for an offense | ||
which if
committed by an adult would be a felony, the court | ||
shall notify the Department
of State Police.
| ||
(e) The court shall review the denial of an application or | ||
the revocation of
a Firearm Owner's Identification Card of a | ||
person who has been adjudicated
delinquent for an offense that | ||
if
committed by an adult would be a felony if an
application | ||
for relief has been filed at least 10 years after the | ||
adjudication
of delinquency and the court determines that the | ||
applicant should be
granted relief from disability to obtain a | ||
Firearm Owner's Identification Card.
If the court grants | ||
relief, the court shall notify the Department of State
Police | ||
that the disability has
been removed and that the applicant is | ||
eligible to obtain a Firearm Owner's
Identification Card.
| ||
(f) Any person who is subject to the disabilities of 18 | ||
U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
of 1968 because of an adjudication or commitment that occurred | ||
under the laws of this State or who was determined to be | ||
subject to the provisions of subsections (e), (f), or (g) of | ||
Section 8 of this Act may apply to the Department of State | ||
Police requesting relief from that prohibition. The Director | ||
shall grant the relief if it is established by a preponderance | ||
of the evidence that the person will not be likely to act in a | ||
manner dangerous to public safety and that granting relief | ||
would not be contrary to the public interest. In making this | ||
determination, the Director shall receive evidence concerning | ||
(i) the circumstances regarding the firearms disabilities from | ||
which relief is sought; (ii) the petitioner's mental health and | ||
criminal history records, if any; (iii) the petitioner's | ||
reputation, developed at a minimum through character witness | ||
statements, testimony, or other character evidence; and (iv) | ||
changes in the petitioner's condition or circumstances since | ||
the disqualifying events relevant to the relief sought. If | ||
relief is granted under this subsection or by order of a court | ||
under this Section, the Director shall as soon as practicable | ||
but in no case later than 15 business days, update, correct, | ||
modify, or remove the person's record in any database that the | ||
Department of State Police makes available to the National | ||
Instant Criminal Background Check System and notify the United | ||
States Attorney General that the basis for the record being | ||
made available no longer applies. The Department of State | ||
Police shall adopt rules for the administration of this |
Section. | ||
(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13; | ||
97-1167, eff. 6-1-13; 98-63, eff. 7-9-13; revised 12-10-14.)
| ||
Section 15. The Firearm Concealed Carry Act is amended by | ||
changing Sections 10, 30, 55, and 65 as follows: | ||
(430 ILCS 66/10)
| ||
Sec. 10. Issuance of licenses to carry a concealed firearm. | ||
(a) The Department shall issue a license to carry a | ||
concealed firearm under this Act to an applicant who: | ||
(1) meets the qualifications of Section 25 of this Act; | ||
(2) has provided the application and documentation | ||
required in Section 30 of this Act; | ||
(3) has submitted the requisite fees; and | ||
(4) does not pose a danger to himself, herself, or | ||
others, or a threat to public safety as determined by the | ||
Concealed Carry Licensing Review Board in accordance with | ||
Section 20. | ||
(b) The Department shall issue a renewal, corrected, or | ||
duplicate license as provided in this Act. | ||
(c) A license shall be valid throughout the State for a | ||
period of 5 years from the date of issuance. A license shall | ||
permit the licensee to: | ||
(1) carry a loaded or unloaded concealed firearm, fully | ||
concealed or partially concealed, on or about his or her |
person; and
| ||
(2) keep or carry a loaded or unloaded concealed | ||
firearm on or about his or her person within a vehicle. | ||
(d) The Department shall make applications for a license | ||
available no later than 180 days after the effective date of | ||
this Act. The Department shall establish rules for the | ||
availability and submission of applications in accordance with | ||
this Act. | ||
(e) An application for a license submitted to the | ||
Department that contains all the information and materials | ||
required by this Act, including the requisite fee, shall be | ||
deemed completed. Except as otherwise provided in this Act, no | ||
later than 90 days after receipt of a completed application, | ||
the Department shall issue or deny the applicant a license. | ||
(f) The Department shall deny the applicant a license if | ||
the applicant fails to meet the requirements under this Act or | ||
the Department receives a determination from the Board that the | ||
applicant is ineligible for a license. The Department must | ||
notify the applicant stating the grounds for the denial. The | ||
notice of denial must inform the applicant of his or her right | ||
to an appeal through administrative and judicial review. | ||
(g) A licensee shall possess a license at all times the | ||
licensee carries a concealed firearm except: | ||
(1) when the licensee is carrying or possessing a | ||
concealed firearm on his or her land or in his or her | ||
abode, legal dwelling, or fixed place of business, or on |
the land or in the legal dwelling of another person as an | ||
invitee with that person's permission; | ||
(2) when the person is authorized to carry a firearm | ||
under Section 24-2 of the Criminal Code of 2012, except | ||
subsection (a-5) of that Section; or | ||
(3) when the handgun is broken down in a | ||
non-functioning state, is not immediately accessible, or | ||
is unloaded and enclosed in a case. | ||
(h) If an officer of a law enforcement agency initiates an | ||
investigative stop, including but not limited to a traffic | ||
stop, of a licensee or a non-resident carrying a concealed | ||
firearm under subsection (e) of
Section 40 of this Act, upon | ||
the request of the officer the licensee or non-resident shall | ||
disclose to the officer that he or she is in possession of a | ||
concealed firearm under this Act, or present the license upon | ||
the request of the officer if he or she is a licensee or | ||
present upon the request of the officer evidence
under | ||
paragraph (2) of subsection (e) of Section 40 of this Act that | ||
he or she is a non-resident qualified to carry
under that | ||
subsection . The disclosure requirement under this subsection | ||
(h) is satisfied if the licensee presents his or her license to | ||
the officer or the non-resident presents to the officer | ||
evidence under paragraph (2) of subsection (e) of Section 40 of | ||
this Act that he or she is qualified to carry under that | ||
subsection. Upon the request of the officer, the licensee or | ||
non-resident shall also , and identify the location of the |
concealed firearm and permit the officer to safely secure the | ||
firearm for the duration of the investigative stop . During a | ||
traffic stop, any
passenger within the vehicle who is a | ||
licensee or a non-resident carrying under subsection (e) of
| ||
Section 40 of this Act must comply with the requirements of | ||
this subsection (h). | ||
(h-1) If a licensee carrying a firearm or a non-resident | ||
carrying a firearm in a vehicle under subsection (e) of Section | ||
40 of this Act is contacted by a law enforcement officer or | ||
emergency
services personnel, the law enforcement officer or | ||
emergency services personnel may secure the firearm
or direct | ||
that it be secured during the duration of the contact if the | ||
law enforcement officer or emergency
services personnel | ||
determines that it is necessary for the safety of any person
| ||
present, including the law enforcement officer or emergency | ||
services personnel. The licensee or nonresident
shall submit to | ||
the order to secure the firearm. When the law enforcement | ||
officer or emergency services
personnel have determined that | ||
the licensee or non-resident is not a threat to
the safety of | ||
any person present, including the law enforcement officer or | ||
emergency services personnel, and
if the licensee or | ||
non-resident is physically and mentally capable of
possessing | ||
the firearm, the law enforcement officer or emergency services | ||
personnel shall return the
firearm to the licensee or | ||
non-resident before releasing him or her from the
scene and | ||
breaking contact. If the licensee or non-resident is |
transported for
treatment to another location, the firearm | ||
shall be turned over to any peace
officer. The peace officer | ||
shall provide a receipt which includes the make,
model, | ||
caliber, and serial number of the firearm. | ||
(i) The Department shall maintain a database of license | ||
applicants and licensees. The database shall be available to | ||
all federal, State, and local law enforcement agencies, State's | ||
Attorneys, the Attorney General, and authorized court | ||
personnel. Within 180 days after the effective date of this | ||
Act, the database shall be searchable and provide all | ||
information included in the application, including the | ||
applicant's previous addresses within the 10 years prior to the | ||
license application and any information related to violations | ||
of this Act. No law enforcement agency, State's Attorney, | ||
Attorney General, or member or staff of the judiciary shall | ||
provide any information to a requester who is not entitled to | ||
it by law. | ||
(j) No later than 10 days after receipt of a completed | ||
application, the Department shall enter the relevant | ||
information about the applicant into the database under | ||
subsection (i) of this Section which is accessible by law | ||
enforcement agencies.
| ||
(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||
(430 ILCS 66/30)
| ||
Sec. 30. Contents of license application. |
(a) The license application shall be in writing, under | ||
penalty of perjury, on a standard form adopted by the | ||
Department and shall be accompanied by the documentation | ||
required in this Section and the applicable fee. Each | ||
application form shall include the following statement printed | ||
in bold type: "Warning: Entering false information on this form | ||
is punishable as perjury under Section 32-2 of the Criminal | ||
Code of 2012." | ||
(b) The application shall contain the following: | ||
(1) the applicant's name, current address, date and | ||
year of birth, place of birth, height, weight, hair color, | ||
eye color, maiden name or any other name the applicant has | ||
used or identified with, and any address where the | ||
applicant resided for more than 30 days within the 10 years | ||
preceding the date of the license application; | ||
(2) the applicant's valid driver's license number or | ||
valid state identification card number; | ||
(3) a waiver of the applicant's privacy and | ||
confidentiality rights and privileges under all federal | ||
and state laws, including those limiting access to juvenile | ||
court, criminal justice, psychological, or psychiatric | ||
records or records relating to any institutionalization of | ||
the applicant, and an affirmative request that a person | ||
having custody of any of these records provide it or | ||
information concerning it to the Department . The waiver | ||
only applies to records sought in connection with |
determining whether the applicant qualifies for a license | ||
to carry a concealed firearm under this Act, or whether the | ||
applicant remains in compliance with the Firearm Owners | ||
Identification Card Act ; | ||
(4) an affirmation that the applicant possesses a | ||
currently valid Firearm Owner's Identification Card and | ||
card number if possessed or notice the applicant is | ||
applying for a Firearm Owner's Identification Card in | ||
conjunction with the license application; | ||
(5) an affirmation that the applicant has not been | ||
convicted or found guilty of: | ||
(A) a felony; | ||
(B) a misdemeanor involving the use or threat of | ||
physical force or violence to any person within the 5 | ||
years preceding the date of the application; or | ||
(C) 2 or more violations related to driving while | ||
under the influence of alcohol, other drug or drugs, | ||
intoxicating compound or compounds, or any combination | ||
thereof, within the 5 years preceding the date of the | ||
license application; and | ||
(6) whether the applicant has failed a drug test for a | ||
drug for which the applicant did not have a prescription, | ||
within the previous year, and if so, the provider of the | ||
test, the specific substance involved, and the date of the | ||
test; | ||
(7) written consent for the Department to review and |
use the applicant's Illinois digital driver's license or | ||
Illinois identification card photograph and signature; | ||
(8) a full set of fingerprints submitted to the | ||
Department in electronic format, provided the Department | ||
may accept an application submitted without a set of | ||
fingerprints in which case the Department shall be granted | ||
30 days in addition to the 90 days provided under | ||
subsection (e) of Section 10 of this Act to issue or deny a | ||
license; | ||
(9) a head and shoulder color photograph in a size | ||
specified by the Department taken within the 30 days | ||
preceding the date of the license application; and | ||
(10) a photocopy of any certificates or other evidence | ||
of compliance with the training requirements under this | ||
Act.
| ||
(Source: P.A. 98-63, eff. 7-9-13.) | ||
(430 ILCS 66/55)
| ||
Sec. 55. Change of address or name; lost, destroyed, or | ||
stolen licenses. | ||
(a) A licensee shall notify the Department within 30 days | ||
of moving or changing residence or any change of name. The | ||
licensee shall submit the requisite fee and the Department may | ||
require a notarized statement that the licensee has
changed his | ||
or her residence or his or her name, including the prior and | ||
current address or name and the date the applicant moved or |
changed his or her name. : | ||
(1) a notarized statement that the licensee has changed | ||
his or her residence or his or her name, including the | ||
prior and current address or name and the date the | ||
applicant moved or changed his or her name; and | ||
(2) the requisite fee. | ||
(b) A licensee shall notify the Department within 10 days | ||
of discovering that a license has been lost, destroyed, or | ||
stolen. A lost, destroyed, or stolen license is invalid. To | ||
request a replacement license, the licensee shall submit: | ||
(1) a notarized statement that the licensee no longer | ||
possesses the license, and that it was lost, destroyed, or | ||
stolen; | ||
(2) if applicable, a copy of a police report stating | ||
that the license was stolen; and | ||
(3) the requisite fee. | ||
(c) A violation of this Section is a petty offense with a | ||
fine of $150 which shall be deposited into the Mental Health | ||
Reporting Fund.
| ||
(Source: P.A. 98-63, eff. 7-9-13.) | ||
(430 ILCS 66/65)
| ||
Sec. 65. Prohibited areas. | ||
(a) A licensee under this Act shall not knowingly carry a | ||
firearm on or into: | ||
(1) Any building, real property, and parking area under |
the control of a public or private elementary or secondary | ||
school. | ||
(2) Any building, real property, and parking area under | ||
the control of a pre-school or child care facility, | ||
including any room or portion of a building under the | ||
control of a pre-school or child care facility. Nothing in | ||
this paragraph shall prevent the operator of a child care | ||
facility in a family home from owning or possessing a | ||
firearm in the home or license under this Act, if no child | ||
under child care at the home is present in the home or the | ||
firearm in the home is stored in a locked container when a | ||
child under child care at the home is present in the home. | ||
(3) Any building, parking area, or portion of a | ||
building under the control of an officer of the executive | ||
or legislative branch of government, provided that nothing | ||
in this paragraph shall prohibit a licensee from carrying a | ||
concealed firearm onto the real property, bikeway, or trail | ||
in a park regulated by the Department of Natural Resources | ||
or any other designated public hunting area or building | ||
where firearm possession is permitted as established by the | ||
Department of Natural Resources under Section 1.8 of the | ||
Wildlife Code. | ||
(4) Any building designated for matters before a | ||
circuit court, appellate court, or the Supreme Court, or | ||
any building or portion of a building under the control of | ||
the Supreme Court. |
(5) Any building or portion of a building under the | ||
control of a unit of local government. | ||
(6) Any building, real property, and parking area under | ||
the control of an adult or juvenile detention or | ||
correctional institution, prison, or jail. | ||
(7) Any building, real property, and parking area under | ||
the control of a public or private hospital or hospital | ||
affiliate, mental health facility, or nursing home. | ||
(8) Any bus, train, or form of transportation paid for | ||
in whole or in part with public funds, and any building, | ||
real property, and parking area under the control of a | ||
public transportation facility paid for in whole or in part | ||
with public funds. | ||
(9) Any building, real property, and parking area under | ||
the control of an establishment that serves alcohol on its | ||
premises, if more than 50% of the establishment's gross | ||
receipts within the prior 3 months is from the sale of | ||
alcohol. The owner of an establishment who knowingly fails | ||
to prohibit concealed firearms on its premises as provided | ||
in this paragraph or who knowingly makes a false statement | ||
or record to avoid the prohibition on concealed firearms | ||
under this paragraph is subject to the penalty under | ||
subsection (c-5) of Section 10-1 of the Liquor Control Act | ||
of 1934. | ||
(10) Any public gathering or special event conducted on | ||
property open to the public that requires the issuance of a |
permit from the unit of local government, provided this | ||
prohibition shall not apply to a licensee who must walk | ||
through a public gathering in order to access his or her | ||
residence, place of business, or vehicle. | ||
(11) Any building or real property that has been issued | ||
a Special Event Retailer's license as defined in Section | ||
1-3.17.1 of the Liquor Control Act during the time | ||
designated for the sale of alcohol by the Special Event | ||
Retailer's license, or a Special use permit license as | ||
defined in subsection (q) of Section 5-1 of the Liquor | ||
Control Act during the time designated for the sale of | ||
alcohol by the Special use permit license. | ||
(12) Any public playground. | ||
(13) Any public park, athletic area, or athletic | ||
facility under the control of a municipality or park | ||
district, provided nothing in this Section shall prohibit a | ||
licensee from carrying a concealed firearm while on a trail | ||
or bikeway if only a portion of the trail or bikeway | ||
includes a public park. | ||
(14) Any real property under the control of the Cook | ||
County Forest Preserve District. | ||
(15) Any building, classroom, laboratory, medical | ||
clinic, hospital, artistic venue, athletic venue, | ||
entertainment venue, officially recognized | ||
university-related organization property, whether owned or | ||
leased, and any real property, including parking areas, |
sidewalks, and common areas under the control of a public | ||
or private community college, college, or university. | ||
(16) Any building, real property, or parking area under | ||
the control of a gaming facility licensed under the | ||
Riverboat Gambling Act or the Illinois Horse Racing Act of | ||
1975, including an inter-track wagering location licensee. | ||
(17) Any stadium, arena, or the real property or | ||
parking area under the control of a stadium, arena, or any | ||
collegiate or professional sporting event. | ||
(18) Any building, real property, or parking area under | ||
the control of a public library. | ||
(19) Any building, real property, or parking area under | ||
the control of an airport. | ||
(20) Any building, real property, or parking area under | ||
the control of an amusement park. | ||
(21) Any building, real property, or parking area under | ||
the control of a zoo or museum. | ||
(22) Any street, driveway, parking area, property, | ||
building, or facility, owned, leased, controlled, or used | ||
by a nuclear energy, storage, weapons, or development site | ||
or facility regulated by the federal Nuclear Regulatory | ||
Commission. The licensee shall not under any circumstance | ||
store a firearm or ammunition in his or her vehicle or in a | ||
compartment or container within a vehicle located anywhere | ||
in or on the street, driveway, parking area, property, | ||
building, or facility described in this paragraph. |
(23) Any area where firearms are prohibited under | ||
federal law. | ||
(a-5) Nothing in this Act shall prohibit a public or | ||
private community college, college, or university from: | ||
(1) prohibiting persons from carrying a firearm within | ||
a vehicle owned, leased, or controlled by the college or | ||
university; | ||
(2) developing resolutions, regulations, or policies | ||
regarding student, employee, or visitor misconduct and | ||
discipline, including suspension and expulsion; | ||
(3) developing resolutions, regulations, or policies | ||
regarding the storage or maintenance of firearms, which | ||
must include designated areas where persons can park | ||
vehicles that carry firearms; and | ||
(4) permitting the carrying or use of firearms for the | ||
purpose of instruction and curriculum of officially | ||
recognized programs, including but not limited to military | ||
science and law enforcement training programs, or in any | ||
designated area used for hunting purposes or target | ||
shooting. | ||
(a-10) The owner of private real property of any type may | ||
prohibit the carrying of concealed firearms on the property | ||
under his or her control. The owner must post a sign in | ||
accordance with subsection (d) of this Section indicating that | ||
firearms are prohibited on the property, unless the property is | ||
a private residence. |
(b) Notwithstanding subsections (a), (a-5), and (a-10) of | ||
this Section except under paragraph (22) or (23) of subsection | ||
(a), any licensee prohibited from carrying a concealed firearm | ||
into the parking area of a prohibited location specified in | ||
subsection (a), (a-5), or (a-10) of this Section shall be | ||
permitted to carry a concealed firearm on or about his or her | ||
person within a vehicle into the parking area and may store a | ||
firearm or ammunition concealed in a case within a locked | ||
vehicle or locked container out of plain view within the | ||
vehicle in the parking area. A licensee may carry a concealed | ||
firearm in the immediate area surrounding his or her vehicle | ||
within a prohibited parking lot area only for the limited | ||
purpose of storing or retrieving a firearm within the vehicle's | ||
trunk , provided the licensee ensures the concealed firearm is | ||
unloaded prior to exiting the vehicle . For purposes of this | ||
subsection, "case" includes a glove compartment or console that | ||
completely encloses the concealed firearm or ammunition, the | ||
trunk of the vehicle, or a firearm carrying box, shipping box, | ||
or other container. | ||
(c) A licensee shall not be in violation of this Section | ||
while he or she is traveling along a public right of way that | ||
touches or crosses any of the premises under subsection (a), | ||
(a-5), or (a-10) of this Section if the concealed firearm is | ||
carried on his or her person in accordance with the provisions | ||
of this Act or is being transported in a vehicle by the | ||
licensee in accordance with all other applicable provisions of |
law. | ||
(d) Signs stating that the carrying of firearms is | ||
prohibited shall be clearly and conspicuously posted at the | ||
entrance of a building, premises, or real property specified in | ||
this Section as a prohibited area, unless the building or | ||
premises is a private residence. Signs shall be of a uniform | ||
design as established by the Department and shall be 4 inches | ||
by 6 inches in size. The Department shall adopt rules for | ||
standardized signs to be used under this subsection.
| ||
(Source: P.A. 98-63, eff. 7-9-13.) | ||
Section 20. The Criminal Code of 2012 is amended by | ||
changing Sections 24-1 and 24-3 as follows:
| ||
(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||
Sec. 24-1. Unlawful Use of Weapons.
| ||
(a) A person commits the offense of unlawful use of weapons | ||
when
he knowingly:
| ||
(1) Sells, manufactures, purchases, possesses or | ||
carries any bludgeon,
black-jack, slung-shot, sand-club, | ||
sand-bag, metal knuckles or other knuckle weapon | ||
regardless of its composition, throwing star,
or any knife, | ||
commonly referred to as a switchblade knife, which has a
| ||
blade that opens automatically by hand pressure applied to | ||
a button,
spring or other device in the handle of the | ||
knife, or a ballistic knife,
which is a device that propels |
a knifelike blade as a projectile by means
of a coil | ||
spring, elastic material or compressed gas; or
| ||
(2) Carries or possesses with intent to use the same | ||
unlawfully
against another, a dagger, dirk, billy, | ||
dangerous knife, razor,
stiletto, broken bottle or other | ||
piece of glass, stun gun or taser or
any other dangerous or | ||
deadly weapon or instrument of like character; or
| ||
(3) Carries on or about his person or in any vehicle, a | ||
tear gas gun
projector or bomb or any object containing | ||
noxious liquid gas or
substance, other than an object | ||
containing a non-lethal noxious liquid gas
or substance | ||
designed solely for personal defense carried by a person 18
| ||
years of age or older; or
| ||
(4) Carries or possesses in any vehicle or concealed on | ||
or about his
person except when on his land or in his own | ||
abode, legal dwelling, or fixed place of
business, or on | ||
the land or in the legal dwelling of another person as an | ||
invitee with that person's permission, any pistol, | ||
revolver, stun gun or taser or other firearm, except
that
| ||
this subsection (a) (4) does not apply to or affect | ||
transportation of weapons
that meet one of the following | ||
conditions:
| ||
(i) are broken down in a non-functioning state; or
| ||
(ii) are not immediately accessible; or
| ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a |
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card; or | ||
(iv) are carried or possessed in accordance with | ||
the Firearm Concealed Carry Act by a person who has | ||
been issued a currently valid license under the Firearm | ||
Concealed Carry Act; or
| ||
(5) Sets a spring gun; or
| ||
(6) Possesses any device or attachment of any kind | ||
designed, used or
intended for use in silencing the report | ||
of any firearm; or
| ||
(7) Sells, manufactures, purchases, possesses or | ||
carries:
| ||
(i) a machine gun, which shall be defined for the | ||
purposes of this
subsection as any weapon,
which | ||
shoots, is designed to shoot, or can be readily | ||
restored to shoot,
automatically more than one shot | ||
without manually reloading by a single
function of the | ||
trigger, including the frame or receiver
of any such | ||
weapon, or sells, manufactures, purchases, possesses, | ||
or
carries any combination of parts designed or | ||
intended for
use in converting any weapon into a | ||
machine gun, or any combination or
parts from which a | ||
machine gun can be assembled if such parts are in the
| ||
possession or under the control of a person;
| ||
(ii) any rifle having one or
more barrels less than | ||
16 inches in length or a shotgun having one or more
|
barrels less than 18 inches in length or any weapon | ||
made from a rifle or
shotgun, whether by alteration, | ||
modification, or otherwise, if such a weapon
as | ||
modified has an overall length of less than 26 inches; | ||
or
| ||
(iii) any
bomb, bomb-shell, grenade, bottle or | ||
other container containing an
explosive substance of | ||
over one-quarter ounce for like purposes, such
as, but | ||
not limited to, black powder bombs and Molotov | ||
cocktails or
artillery projectiles; or
| ||
(8) Carries or possesses any firearm, stun gun or taser | ||
or other
deadly weapon in any place which is licensed to | ||
sell intoxicating
beverages, or at any public gathering | ||
held pursuant to a license issued
by any governmental body | ||
or any public gathering at which an admission
is charged, | ||
excluding a place where a showing, demonstration or lecture
| ||
involving the exhibition of unloaded firearms is | ||
conducted.
| ||
This subsection (a)(8) does not apply to any auction or | ||
raffle of a firearm
held pursuant to
a license or permit | ||
issued by a governmental body, nor does it apply to persons
| ||
engaged
in firearm safety training courses; or
| ||
(9) Carries or possesses in a vehicle or on or about | ||
his person any
pistol, revolver, stun gun or taser or | ||
firearm or ballistic knife, when
he is hooded, robed or | ||
masked in such manner as to conceal his identity; or
|
(10) Carries or possesses on or about his person, upon | ||
any public street,
alley, or other public lands within the | ||
corporate limits of a city, village
or incorporated town, | ||
except when an invitee thereon or therein, for the
purpose | ||
of the display of such weapon or the lawful commerce in | ||
weapons, or
except when on his land or in his own abode, | ||
legal dwelling, or fixed place of business, or on the land | ||
or in the legal dwelling of another person as an invitee | ||
with that person's permission, any
pistol, revolver, stun | ||
gun or taser or other firearm, except that this
subsection | ||
(a) (10) does not apply to or affect transportation of | ||
weapons that
meet one of the following conditions:
| ||
(i) are broken down in a non-functioning state; or
| ||
(ii) are not immediately accessible; or
| ||
(iii) are unloaded and enclosed in a case, firearm | ||
carrying box,
shipping box, or other container by a | ||
person who has been issued a currently
valid Firearm | ||
Owner's
Identification Card ; or .
| ||
(iv) are carried or possessed in accordance with | ||
the Firearm Concealed Carry Act by a person who has | ||
been issued a currently valid license under the Firearm | ||
Concealed Carry Act.
| ||
A "stun gun or taser", as used in this paragraph (a) | ||
means (i) any device
which is powered by electrical | ||
charging units, such as, batteries, and
which fires one or | ||
several barbs attached to a length of wire and
which, upon |
hitting a human, can send out a current capable of | ||
disrupting
the person's nervous system in such a manner as | ||
to render him incapable of
normal functioning or (ii) any | ||
device which is powered by electrical
charging units, such | ||
as batteries, and which, upon contact with a human or
| ||
clothing worn by a human, can send out current capable of | ||
disrupting
the person's nervous system in such a manner as | ||
to render him incapable
of normal functioning; or
| ||
(11) Sells, manufactures or purchases any explosive | ||
bullet. For purposes
of this paragraph (a) "explosive | ||
bullet" means the projectile portion of
an ammunition | ||
cartridge which contains or carries an explosive charge | ||
which
will explode upon contact with the flesh of a human | ||
or an animal.
"Cartridge" means a tubular metal case having | ||
a projectile affixed at the
front thereof and a cap or | ||
primer at the rear end thereof, with the
propellant | ||
contained in such tube between the projectile and the cap; | ||
or
| ||
(12) (Blank); or
| ||
(13) Carries or possesses on or about his or her person | ||
while in a building occupied by a unit of government, a | ||
billy club, other weapon of like character, or other | ||
instrument of like character intended for use as a weapon. | ||
For the purposes of this Section, "billy club" means a | ||
short stick or club commonly carried by police officers | ||
which is either telescopic or constructed of a solid piece |
of wood or other man-made material. | ||
(b) Sentence. A person convicted of a violation of | ||
subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||
subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a | ||
Class A
misdemeanor.
A person convicted of a violation of | ||
subsection
24-1(a)(8) or 24-1(a)(9) commits a
Class 4 felony; a | ||
person
convicted of a violation of subsection 24-1(a)(6) or | ||
24-1(a)(7)(ii) or (iii)
commits a Class 3 felony. A person | ||
convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||
Class 2 felony and shall be sentenced to a term of imprisonment | ||
of not less than 3 years and not more than 7 years, unless the | ||
weapon is possessed in the
passenger compartment of a motor | ||
vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||
Code, or on the person, while the weapon is loaded, in which
| ||
case it shall be a Class X felony. A person convicted of a
| ||
second or subsequent violation of subsection 24-1(a)(4), | ||
24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) commits a Class 3 | ||
felony. The possession of each weapon in violation of this | ||
Section constitutes a single and separate violation.
| ||
(c) Violations in specific places.
| ||
(1) A person who violates subsection 24-1(a)(6) or | ||
24-1(a)(7) in any
school, regardless of the time of day or | ||
the time of year, in residential
property owned, operated | ||
or managed by a public housing agency or
leased by
a public | ||
housing agency as part of a scattered site or mixed-income
| ||
development, in a
public park, in a courthouse, on the real |
property comprising any school,
regardless of the
time of | ||
day or the time of year, on residential property owned, | ||
operated
or
managed by a public housing agency
or leased by | ||
a public housing agency as part of a scattered site or
| ||
mixed-income development,
on the real property comprising | ||
any
public park, on the real property comprising any | ||
courthouse, in any conveyance
owned, leased or contracted | ||
by a school to
transport students to or from school or a | ||
school related activity, in any conveyance
owned, leased, | ||
or contracted by a public transportation agency, or on any
| ||
public way within 1,000 feet of the real property | ||
comprising any school,
public park, courthouse, public | ||
transportation facility, or residential property owned, | ||
operated, or managed
by a public housing agency
or leased | ||
by a public housing agency as part of a scattered site or
| ||
mixed-income development
commits a Class 2 felony and shall | ||
be sentenced to a term of imprisonment of not less than 3 | ||
years and not more than 7 years.
| ||
(1.5) A person who violates subsection 24-1(a)(4), | ||
24-1(a)(9), or
24-1(a)(10) in any school, regardless of the | ||
time of day or the time of year,
in residential property | ||
owned, operated, or managed by a public
housing
agency
or | ||
leased by a public housing agency as part of a scattered | ||
site or
mixed-income development,
in
a public
park, in a | ||
courthouse, on the real property comprising any school, | ||
regardless
of the time of day or the time of year, on |
residential property owned,
operated, or managed by a | ||
public housing agency
or leased by a public housing agency | ||
as part of a scattered site or
mixed-income development,
on | ||
the real property
comprising any public park, on the real | ||
property comprising any courthouse, in
any conveyance | ||
owned, leased, or contracted by a school to transport | ||
students
to or from school or a school related activity, in | ||
any conveyance
owned, leased, or contracted by a public | ||
transportation agency, or on any public way within
1,000 | ||
feet of the real property comprising any school, public | ||
park, courthouse,
public transportation facility, or | ||
residential property owned, operated, or managed by a | ||
public
housing agency
or leased by a public housing agency | ||
as part of a scattered site or
mixed-income development
| ||
commits a Class 3 felony.
| ||
(2) A person who violates subsection 24-1(a)(1), | ||
24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||
time of day or the time of year, in
residential property | ||
owned, operated or managed by a public housing
agency
or | ||
leased by a public housing agency as part of a scattered | ||
site or
mixed-income development,
in
a public park, in a | ||
courthouse, on the real property comprising any school,
| ||
regardless of the time of day or the time of year, on | ||
residential property
owned, operated or managed by a public | ||
housing agency
or leased by a public housing agency as part | ||
of a scattered site or
mixed-income development,
on the |
real property
comprising any public park, on the real | ||
property comprising any courthouse, in
any conveyance | ||
owned, leased or contracted by a school to transport | ||
students
to or from school or a school related activity, in | ||
any conveyance
owned, leased, or contracted by a public | ||
transportation agency, or on any public way within
1,000 | ||
feet of the real property comprising any school, public | ||
park, courthouse,
public transportation facility, or | ||
residential property owned, operated, or managed by a | ||
public
housing agency or leased by a public housing agency | ||
as part of a scattered
site or mixed-income development | ||
commits a Class 4 felony. "Courthouse"
means any building | ||
that is used by the Circuit, Appellate, or Supreme Court of
| ||
this State for the conduct of official business.
| ||
(3) Paragraphs (1), (1.5), and (2) of this subsection | ||
(c) shall not
apply to law
enforcement officers or security | ||
officers of such school, college, or
university or to | ||
students carrying or possessing firearms for use in | ||
training
courses, parades, hunting, target shooting on | ||
school ranges, or otherwise with
the consent of school | ||
authorities and which firearms are transported unloaded
| ||
enclosed in a suitable case, box, or transportation | ||
package.
| ||
(4) For the purposes of this subsection (c), "school" | ||
means any public or
private elementary or secondary school, | ||
community college, college, or
university.
|
(5) For the purposes of this subsection (c), "public | ||
transportation agency" means a public or private agency | ||
that provides for the transportation or conveyance of
| ||
persons by means available to the general public, except | ||
for transportation
by automobiles not used for conveyance | ||
of the general public as passengers; and "public | ||
transportation facility" means a terminal or other place
| ||
where one may obtain public transportation.
| ||
(d) The presence in an automobile other than a public | ||
omnibus of any
weapon, instrument or substance referred to in | ||
subsection (a)(7) is
prima facie evidence that it is in the | ||
possession of, and is being
carried by, all persons occupying | ||
such automobile at the time such
weapon, instrument or | ||
substance is found, except under the following
circumstances: | ||
(i) if such weapon, instrument or instrumentality is
found upon | ||
the person of one of the occupants therein; or (ii) if such
| ||
weapon, instrument or substance is found in an automobile | ||
operated for
hire by a duly licensed driver in the due, lawful | ||
and proper pursuit of
his trade, then such presumption shall | ||
not apply to the driver.
| ||
(e) Exemptions. Crossbows, Common or Compound bows and | ||
Underwater
Spearguns are exempted from the definition of | ||
ballistic knife as defined in
paragraph (1) of subsection (a) | ||
of this Section.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-809, eff. 1-1-09; | ||
95-885, eff. 1-1-09; 96-41, eff. 1-1-10; 96-328, eff. 8-11-09; |
96-742, eff. 8-25-09; 96-1000, eff. 7-2-10.)
| ||
(720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||
Sec. 24-3. Unlawful sale or delivery of firearms.
| ||
(A) A person commits the offense of unlawful sale or | ||
delivery of firearms when he
or she knowingly does any of the | ||
following:
| ||
(a) Sells or gives any firearm of a size which may be | ||
concealed upon the
person to any person under 18 years of | ||
age.
| ||
(b) Sells or gives any firearm to a person under 21 | ||
years of age who has
been convicted of a misdemeanor other | ||
than a traffic offense or adjudged
delinquent.
| ||
(c) Sells or gives any firearm to any narcotic addict.
| ||
(d) Sells or gives any firearm to any person who has | ||
been convicted of a
felony under the laws of this or any | ||
other jurisdiction.
| ||
(e) Sells or gives any firearm to any person who has | ||
been a patient in a
mental institution within the past 5 | ||
years. In this subsection (e): | ||
"Mental institution" means any hospital, | ||
institution, clinic, evaluation facility, mental | ||
health center, or part thereof, which is used primarily | ||
for the care or treatment of persons with mental | ||
illness. | ||
"Patient in a mental institution" means the person |
was admitted, either voluntarily or involuntarily, to | ||
a mental institution for mental health treatment, | ||
unless the treatment was voluntary and solely for an | ||
alcohol abuse disorder and no other secondary | ||
substance abuse disorder or mental illness.
| ||
(f) Sells or gives any firearms to any person who is | ||
intellectually disabled.
| ||
(g) Delivers any firearm of a size which may be | ||
concealed upon the
person, incidental to a sale, without | ||
withholding delivery of such firearm
for at least 72 hours | ||
after application for its purchase has been made, or
| ||
delivers any rifle, shotgun or other long gun, or a stun | ||
gun or taser, incidental to a sale,
without withholding | ||
delivery of such rifle, shotgun or other long gun, or a | ||
stun gun or taser for
at least 24 hours after application | ||
for its purchase has been made.
However,
this paragraph (g) | ||
does not apply to: (1) the sale of a firearm
to a law | ||
enforcement officer if the seller of the firearm knows that | ||
the person to whom he or she is selling the firearm is a | ||
law enforcement officer or the sale of a firearm to a | ||
person who desires to purchase a firearm for
use in | ||
promoting the public interest incident to his or her | ||
employment as a
bank guard, armed truck guard, or other | ||
similar employment; (2) a mail
order sale of a firearm from | ||
a federally licensed firearms dealer to a nonresident of | ||
Illinois under which the firearm
is mailed to a federally |
licensed firearms dealer point outside the boundaries of | ||
Illinois; (3) the sale
of a firearm to a nonresident of | ||
Illinois while at a firearm showing or display
recognized | ||
by the Illinois Department of State Police; or (4) the sale | ||
of a
firearm to a dealer licensed as a federal firearms | ||
dealer under Section 923
of the federal Gun Control Act of | ||
1968 (18 U.S.C. 923) ; or (5) the transfer or sale of any | ||
rifle, shotgun, or other long gun to a resident registered | ||
competitor or attendee or non-resident registered | ||
competitor or attendee by any dealer licensed as a federal | ||
firearms dealer under Section 923 of the federal Gun | ||
Control Act of 1968 at competitive shooting events held at | ||
the World Shooting Complex sanctioned by a national | ||
governing body. For purposes of transfers or sales under | ||
subparagraph (5) of this paragraph (g), the Department of | ||
Natural Resources shall give notice to the Department of | ||
State Police at least 30 calendar days prior to any | ||
competitive shooting events at the World Shooting Complex | ||
sanctioned by a national governing body. The notification | ||
shall be made on a form prescribed by the Department of | ||
State Police. The sanctioning body shall provide a list of | ||
all registered competitors and attendees at least 24 hours | ||
before the events to the Department of State Police. Any | ||
changes to the list of registered competitors and attendees | ||
shall be forwarded to the Department of State Police as | ||
soon as practicable. The Department of State Police must |
destroy the list of registered competitors and attendees no | ||
later than 30 days after the date of the event. Nothing in | ||
this paragraph (g) relieves a federally licensed firearm | ||
dealer from the requirements of conducting a NICS | ||
background check through the Illinois Point of Contact | ||
under 18 U.S.C. 922(t) . For purposes of this paragraph (g), | ||
"application" means when the buyer and seller reach an | ||
agreement to purchase a firearm.
For purposes of this | ||
paragraph (g), "national governing body" means a group of | ||
persons who adopt rules and formulate policy on behalf of a | ||
national firearm sporting organization.
| ||
(h) While holding any license
as a dealer,
importer, | ||
manufacturer or pawnbroker
under the federal Gun Control | ||
Act of 1968,
manufactures, sells or delivers to any | ||
unlicensed person a handgun having
a barrel, slide, frame | ||
or receiver which is a die casting of zinc alloy or
any | ||
other nonhomogeneous metal which will melt or deform at a | ||
temperature
of less than 800 degrees Fahrenheit. For | ||
purposes of this paragraph, (1)
"firearm" is defined as in | ||
the Firearm Owners Identification Card Act; and (2)
| ||
"handgun" is defined as a firearm designed to be held
and | ||
fired by the use of a single hand, and includes a | ||
combination of parts from
which such a firearm can be | ||
assembled.
| ||
(i) Sells or gives a firearm of any size to any person | ||
under 18 years of
age who does not possess a valid Firearm |
Owner's Identification Card.
| ||
(j) Sells or gives a firearm while engaged in the | ||
business of selling
firearms at wholesale or retail without | ||
being licensed as a federal firearms
dealer under Section | ||
923 of the federal Gun Control Act of 1968 (18 U.S.C.
923). | ||
In this paragraph (j):
| ||
A person "engaged in the business" means a person who | ||
devotes time,
attention, and
labor to
engaging in the | ||
activity as a regular course of trade or business with the
| ||
principal objective of livelihood and profit, but does not | ||
include a person who
makes occasional repairs of firearms | ||
or who occasionally fits special barrels,
stocks, or | ||
trigger mechanisms to firearms.
| ||
"With the principal objective of livelihood and | ||
profit" means that the
intent
underlying the sale or | ||
disposition of firearms is predominantly one of
obtaining | ||
livelihood and pecuniary gain, as opposed to other intents, | ||
such as
improving or liquidating a personal firearms | ||
collection; however, proof of
profit shall not be required | ||
as to a person who engages in the regular and
repetitive | ||
purchase and disposition of firearms for criminal purposes | ||
or
terrorism.
| ||
(k) Sells or transfers ownership of a firearm to a | ||
person who does not display to the seller or transferor of | ||
the firearm either: (1) a currently valid Firearm Owner's | ||
Identification Card that has previously been issued in the |
transferee's name by the Department of State Police under | ||
the provisions of the Firearm Owners Identification Card | ||
Act ; or (2) a currently valid license to carry a concealed | ||
firearm that has previously been issued in the transferee's | ||
name by the
Department of State Police under the Firearm | ||
Concealed Carry Act . This paragraph (k) does not apply to | ||
the transfer of a firearm to a person who is exempt from | ||
the requirement of possessing a Firearm Owner's | ||
Identification Card under Section 2 of the Firearm Owners | ||
Identification Card Act. For the purposes of this Section, | ||
a currently valid Firearm Owner's Identification Card | ||
means (i) a Firearm Owner's Identification Card that has | ||
not expired or (ii) an approval number issued in accordance | ||
with subsection (a-10) of subsection 3 or Section 3.1 of | ||
the Firearm Owners Identification Card Act shall be proof | ||
that the Firearm Owner's Identification Card was valid. | ||
(1) In addition to the other requirements of this | ||
paragraph (k), all persons who are not federally | ||
licensed firearms dealers must also have complied with | ||
subsection (a-10) of Section 3 of the Firearm Owners | ||
Identification Card Act by determining the validity of | ||
a purchaser's Firearm Owner's Identification Card. | ||
(2) All sellers or transferors who have complied | ||
with the requirements of subparagraph (1) of this | ||
paragraph (k) shall not be liable for damages in any | ||
civil action arising from the use or misuse by the |
transferee of the firearm transferred, except for | ||
willful or wanton misconduct on the part of the seller | ||
or transferor. | ||
(l) Not
being entitled to the possession of a firearm, | ||
delivers the
firearm, knowing it to have been stolen or | ||
converted. It may be inferred that
a person who possesses a | ||
firearm with knowledge that its serial number has
been | ||
removed or altered has knowledge that the firearm is stolen | ||
or converted. | ||
(B) Paragraph (h) of subsection (A) does not include | ||
firearms sold within 6
months after enactment of Public
Act | ||
78-355 (approved August 21, 1973, effective October 1, 1973), | ||
nor is any
firearm legally owned or
possessed by any citizen or | ||
purchased by any citizen within 6 months after the
enactment of | ||
Public Act 78-355 subject
to confiscation or seizure under the | ||
provisions of that Public Act. Nothing in
Public Act 78-355 | ||
shall be construed to prohibit the gift or trade of
any firearm | ||
if that firearm was legally held or acquired within 6 months | ||
after
the enactment of that Public Act.
| ||
(C) Sentence.
| ||
(1) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (c), (e), (f), (g), | ||
or (h) of subsection (A) commits a Class
4
felony.
| ||
(2) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (b) or (i) of | ||
subsection (A) commits a Class 3 felony.
|
(3) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a) of subsection (A) | ||
commits a Class 2 felony.
| ||
(4) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (a), (b), or (i) of | ||
subsection (A) in any school, on the real
property | ||
comprising a school, within 1,000 feet of the real property | ||
comprising
a school, at a school related activity, or on or | ||
within 1,000 feet of any
conveyance owned, leased, or | ||
contracted by a school or school district to
transport | ||
students to or from school or a school related activity,
| ||
regardless of the time of day or time of year at which the | ||
offense
was committed, commits a Class 1 felony. Any person | ||
convicted of a second
or subsequent violation of unlawful | ||
sale or delivery of firearms in violation of paragraph
(a), | ||
(b), or (i) of subsection (A) in any school, on the real | ||
property
comprising a school, within 1,000 feet of the real | ||
property comprising a
school, at a school related activity, | ||
or on or within 1,000 feet of any
conveyance owned, leased, | ||
or contracted by a school or school district to
transport | ||
students to or from school or a school related activity,
| ||
regardless of the time of day or time of year at which the | ||
offense
was committed, commits a Class 1 felony for which | ||
the sentence shall be a
term of imprisonment of no less | ||
than 5 years and no more than 15 years.
| ||
(5) Any person convicted of unlawful sale or delivery |
of firearms in violation of
paragraph (a) or (i) of | ||
subsection (A) in residential property owned,
operated, or | ||
managed by a public housing agency or leased by a public | ||
housing
agency as part of a scattered site or mixed-income | ||
development, in a public
park, in a
courthouse, on | ||
residential property owned, operated, or managed by a | ||
public
housing agency or leased by a public housing agency | ||
as part of a scattered site
or mixed-income development, on | ||
the real property comprising any public park,
on the real
| ||
property comprising any courthouse, or on any public way | ||
within 1,000 feet
of the real property comprising any | ||
public park, courthouse, or residential
property owned, | ||
operated, or managed by a public housing agency or leased | ||
by a
public housing agency as part of a scattered site or | ||
mixed-income development
commits a
Class 2 felony.
| ||
(6) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (j) of subsection (A) | ||
commits a Class A misdemeanor. A second or
subsequent | ||
violation is a Class 4 felony. | ||
(7) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of paragraph (k) of subsection (A) | ||
commits a Class 4 felony, except that a violation of | ||
subparagraph (1) of paragraph (k) of subsection (A) shall | ||
not be punishable as a crime or petty offense. A third or | ||
subsequent conviction for a violation of paragraph (k) of | ||
subsection (A) is a Class 1 felony.
|
(8) A person 18 years of age or older convicted of | ||
unlawful sale or delivery of firearms in violation of | ||
paragraph (a) or (i) of subsection (A), when the firearm | ||
that was sold or given to another person under 18 years of | ||
age was used in the commission of or attempt to commit a | ||
forcible felony, shall be fined or imprisoned, or both, not | ||
to exceed the maximum provided for the most serious | ||
forcible felony so committed or attempted by the person | ||
under 18 years of age who was sold or given the firearm. | ||
(9) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of
paragraph (d) of subsection (A) | ||
commits a Class 3 felony. | ||
(10) Any person convicted of unlawful sale or delivery | ||
of firearms in violation of paragraph (l) of subsection (A) | ||
commits a Class 2 felony if the delivery is of one firearm. | ||
Any person convicted of unlawful sale or delivery of | ||
firearms in violation of paragraph (l) of subsection (A) | ||
commits a Class 1 felony if the delivery is of not less | ||
than 2 and not more than 5 firearms at the
same time or | ||
within a one year period. Any person convicted of unlawful | ||
sale or delivery of firearms in violation of paragraph (l) | ||
of subsection (A) commits a Class X felony for which he or | ||
she shall be sentenced
to a term of imprisonment of not | ||
less than 6 years and not more than 30
years if the | ||
delivery is of not less than 6 and not more than 10 | ||
firearms at the
same time or within a 2 year period. Any |
person convicted of unlawful sale or delivery of firearms | ||
in violation of paragraph (l) of subsection (A) commits a | ||
Class X felony for which he or she shall be sentenced
to a | ||
term of imprisonment of not less than 6 years and not more | ||
than 40
years if the delivery is of not less than 11 and | ||
not more than 20 firearms at the
same time or within a 3 | ||
year period. Any person convicted of unlawful sale or | ||
delivery of firearms in violation of paragraph (l) of | ||
subsection (A) commits a Class X felony for which he or she | ||
shall be sentenced
to a term of imprisonment of not less | ||
than 6 years and not more than 50
years if the delivery is | ||
of not less than 21 and not more than 30 firearms at the
| ||
same time or within a 4 year period. Any person convicted | ||
of unlawful sale or delivery of firearms in violation of | ||
paragraph (l) of subsection (A) commits a Class X felony | ||
for which he or she shall be sentenced
to a term of | ||
imprisonment of not less than 6 years and not more than 60
| ||
years if the delivery is of 31 or more firearms at the
same | ||
time or within a 5 year period. | ||
(D) For purposes of this Section:
| ||
"School" means a public or private elementary or secondary | ||
school,
community college, college, or university.
| ||
"School related activity" means any sporting, social, | ||
academic, or
other activity for which students' attendance or | ||
participation is sponsored,
organized, or funded in whole or in | ||
part by a school or school district.
|
(E) A prosecution for a violation of paragraph (k) of | ||
subsection (A) of this Section may be commenced within 6 years | ||
after the commission of the offense. A prosecution for a | ||
violation of this Section other than paragraph (g) of | ||
subsection (A) of this Section may be commenced within 5 years | ||
after the commission of the offense defined in the particular | ||
paragraph.
| ||
(Source: P.A. 97-227, eff. 1-1-12; 97-347, eff. 1-1-12; 97-813, | ||
eff. 7-13-12; 97-1167, eff. 6-1-13; 98-508, eff. 8-19-13.)
| ||
Section 25. The Mental Health and Developmental | ||
Disabilities Confidentiality Act is amended by changing | ||
Section 12 as follows:
| ||
(740 ILCS 110/12) (from Ch. 91 1/2, par. 812)
| ||
Sec. 12. (a) If the United States Secret Service or the | ||
Department of
State Police requests information from a mental | ||
health or developmental
disability facility, as defined in | ||
Section 1-107 and 1-114 of the Mental
Health and Developmental | ||
Disabilities Code, relating to a specific
recipient and the | ||
facility director determines that disclosure of such
| ||
information may be necessary to protect the life of, or to | ||
prevent
the infliction of great bodily harm to, a public | ||
official,
or a person under the protection of the United
States | ||
Secret Service, only the following information
may be | ||
disclosed: the recipient's name, address, and age and the date |
of
any admission to or discharge from a facility; and any | ||
information which
would indicate whether or not the recipient | ||
has a history of violence or
presents a danger of violence to | ||
the person under protection. Any information
so disclosed shall | ||
be used for investigative purposes only and shall not
be | ||
publicly disseminated.
Any person participating in good faith | ||
in the disclosure of such
information in accordance with this | ||
provision shall have immunity from any
liability, civil, | ||
criminal or otherwise, if such information is disclosed
relying | ||
upon the representation of an officer of the United States | ||
Secret
Service or the Department of State Police that a person | ||
is under the
protection of the United States Secret Service or | ||
is a public official.
| ||
For the purpose of this subsection (a), the term "public | ||
official" means
the Governor, Lieutenant Governor, Attorney | ||
General, Secretary of State,
State Comptroller, State | ||
Treasurer, member of the General Assembly, member of the United | ||
States Congress, Judge of the United States as defined in 28 | ||
U.S.C. 451, Justice of the United States as defined in 28 | ||
U.S.C. 451, United States Magistrate Judge as defined in 28 | ||
U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or | ||
Supreme, Appellate, Circuit, or Associate Judge of the State of | ||
Illinois. The
term shall also include the spouse, child or | ||
children of a public official.
| ||
(b) The Department of Human Services (acting as successor | ||
to the
Department of Mental Health and Developmental |
Disabilities) and all
public or private hospitals and mental | ||
health facilities are required, as hereafter described in this | ||
subsection,
to furnish the Department of State Police only such | ||
information as may
be required for the sole purpose of | ||
determining whether an individual who
may be or may have been a | ||
patient is disqualified because of that status
from receiving | ||
or retaining a Firearm Owner's Identification Card or falls | ||
within the federal prohibitors under subsection (e), (f), (g), | ||
(r), (s), or (t) of Section 8 of the Firearm Owners | ||
Identification Card Act, or falls within the federal | ||
prohibitors in 18 U.S.C. 922(g) and (n). All physicians, | ||
clinical psychologists, or qualified examiners at public or | ||
private mental health facilities or parts thereof as defined in | ||
this subsection shall, in the form and manner required
by the | ||
Department, provide notice directly to the Department of Human | ||
Services, or to his or her employer who shall then report to | ||
the Department, within 24 hours after determining that a person | ||
patient as described in clause (2) of the definition of | ||
"patient" in Section 1.1 of the Firearm Owners Identification | ||
Card Act poses a clear and present danger to himself, herself, | ||
or others, or within 7 days after a person 14 years or older is | ||
determined to be developmentally disabled by a physician, | ||
clinical psychologist, or qualified examiner as described in | ||
Section 1.1 of the Firearm Owners Identification Card Act . If a | ||
person is a patient as described in clause (1) of the | ||
definition of "patient" in Section 1.1 of the Firearm Owners |
Identification Card Act, this This information shall be | ||
furnished within 24 hours after the physician, clinical | ||
psychologist, or qualified examiner has made a determination, | ||
or within 7 days after
admission to a public or private | ||
hospital or mental health facility or the provision of services | ||
to a patient described in clause (1) of the definition of | ||
"patient" in Section 1.1 of the Firearm Owners Identification | ||
Card Act . Any such information disclosed under
this subsection | ||
shall
remain privileged and confidential, and shall not be | ||
redisclosed, except as required by subsection (e) of Section | ||
3.1 of the Firearm Owners Identification Card Act, nor utilized
| ||
for any other purpose. The method of requiring the providing of | ||
such
information shall guarantee that no information is | ||
released beyond what
is necessary for this purpose. In | ||
addition, the information disclosed
shall be provided
by the | ||
Department within the time period established by Section 24-3 | ||
of the
Criminal Code of 2012 regarding the delivery of | ||
firearms. The method used
shall be sufficient to provide the | ||
necessary information within the
prescribed time period, which | ||
may include periodically providing
lists to the Department of | ||
Human Services
or any public or private hospital or mental | ||
health facility of Firearm Owner's Identification Card | ||
applicants
on which the Department or hospital shall indicate | ||
the identities of those
individuals who are to its knowledge | ||
disqualified from having a Firearm
Owner's Identification Card | ||
for reasons described herein. The Department
may provide for a |
centralized source
of information for the State on this subject | ||
under its jurisdiction. The identity of the person reporting | ||
under this subsection shall not be disclosed to the subject of | ||
the report. For the purposes of this subsection, the physician, | ||
clinical psychologist, or qualified examiner making the | ||
determination and his or her employer shall not be held | ||
criminally, civilly, or professionally liable for making or not | ||
making the notification required under this subsection, except | ||
for willful or wanton misconduct.
| ||
Any person, institution, or agency, under this Act, | ||
participating in
good faith in the reporting or disclosure of | ||
records and communications
otherwise in accordance with this | ||
provision or with rules, regulations or
guidelines issued by | ||
the Department shall have immunity from any
liability, civil, | ||
criminal or otherwise, that might result by reason of the
| ||
action. For the purpose of any proceeding, civil or criminal,
| ||
arising out of a report or disclosure in accordance with this | ||
provision,
the good faith of any person,
institution, or agency | ||
so reporting or disclosing shall be presumed. The
full extent | ||
of the immunity provided in this subsection (b) shall apply to
| ||
any person, institution or agency that fails to make a report | ||
or disclosure
in the good faith belief that the report or | ||
disclosure would violate
federal regulations governing the | ||
confidentiality of alcohol and drug abuse
patient records | ||
implementing 42 U.S.C. 290dd-3 and 290ee-3.
| ||
For purposes of this subsection (b) only, the following |
terms shall have
the meaning prescribed:
| ||
(1) (Blank).
| ||
(1.3) "Clear and present danger" has the meaning as | ||
defined in Section 1.1 of the Firearm Owners Identification | ||
Card Act. | ||
(1.5) "Developmentally disabled" has the meaning as | ||
defined in Section 1.1 of the Firearm Owners Identification | ||
Card Act.
| ||
(2) "Patient" has the meaning as defined in Section 1.1 | ||
of the Firearm Owners Identification Card Act.
| ||
(3) "Mental health facility" has the meaning as defined | ||
in Section 1.1 of the Firearm Owners Identification Card | ||
Act.
| ||
(c) Upon the request of a peace officer who takes a person | ||
into custody
and transports such person to a mental health or | ||
developmental disability
facility pursuant to Section 3-606 or | ||
4-404 of the Mental Health and
Developmental Disabilities Code | ||
or who transports a person from such facility,
a facility | ||
director shall furnish said peace officer the name, address, | ||
age
and name of the nearest relative of the person transported | ||
to or from the
mental health or developmental disability | ||
facility. In no case shall the
facility director disclose to | ||
the peace officer any information relating to the
diagnosis, | ||
treatment or evaluation of the person's mental or physical | ||
health.
| ||
For the purposes of this subsection (c), the terms "mental |
health or
developmental disability facility", "peace officer" | ||
and "facility director"
shall have the meanings ascribed to | ||
them in the Mental Health and
Developmental Disabilities Code.
| ||
(d) Upon the request of a peace officer or prosecuting | ||
authority who is
conducting a bona fide investigation of a | ||
criminal offense, or attempting to
apprehend a fugitive from | ||
justice,
a facility director may disclose whether a person is | ||
present at the facility.
Upon request of a peace officer or | ||
prosecuting authority who has a valid
forcible felony warrant | ||
issued, a facility director shall disclose: (1) whether
the | ||
person who is the subject of the warrant is present at the | ||
facility and (2)
the
date of that person's discharge or future | ||
discharge from the facility.
The requesting peace officer or | ||
prosecuting authority must furnish a case
number and the | ||
purpose of the investigation or an outstanding arrest warrant | ||
at
the time of the request. Any person, institution, or agency
| ||
participating in good faith in disclosing such information in | ||
accordance with
this subsection (d) is immune from any | ||
liability, civil, criminal or
otherwise, that might result by | ||
reason of the action.
| ||
(Source: P.A. 97-1150, eff. 1-25-13; 98-63, eff. 7-9-13.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. |