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Public Act 098-0600


 

Public Act 0600 98TH GENERAL ASSEMBLY



 


 
Public Act 098-0600
 
SB0114 EnrolledLRB098 04341 JDS 34369 b

    AN ACT concerning government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Private Detective, Private Alarm, Private
Security, Fingerprint Vendor, and Locksmith Act of 2004 is
amended by changing Section 31-5 as follows:
 
    (225 ILCS 447/31-5)
    (Section scheduled to be repealed on January 1, 2024)
    Sec. 31-5. Exemptions.
    (a) The provisions of this Act regarding fingerprint
vendors do not apply to any of the following, if the person
performing the service does not hold himself or herself out as
a fingerprint vendor or fingerprint vendor agency:
        (1) An employee of the United States, Illinois, or a
    political subdivision, including public school districts,
    of either while the employee is engaged in the performance
    of his or her official duties within the scope of his or
    her employment. However, any such person who offers his or
    her services as a fingerprint vendor or uses a similar
    title when these services are performed for compensation or
    other consideration, whether received directly or
    indirectly, is subject to this Act.
        (2) A person employed exclusively by only one employer
    in connection with the exclusive activities of that
    employer, provided that person does not hold himself or
    herself out to the public as a fingerprint vendor.
        (3) Any Notwithstanding any other provisions of this
    Act, any member of local law enforcement in the performance
    of his or her duties for criminal justice purposes,
    notwithstanding whether the . Nothing in this Act shall
    prohibit local law enforcement agency charges agencies
    from charging a reasonable fee related to the cost of
    offering fingerprinting services.
    (b) The provisions of this Act regarding fingerprint
vendors do not apply to any member of a local law enforcement
agency, acting on behalf of the local law enforcement agency
that is registered with the Department of State Police to
provide fingerprinting services for non-criminal justice
purposes, notwithstanding whether the local law enforcement
agency charges a reasonable fee related to the cost of offering
fingerprinting services.
(Source: P.A. 98-294, eff. 8-9-13.)
 
    Section 10. The Firearm Owners Identification Card Act is
amended by changing Section 8.1 as follows:
 
    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
    Sec. 8.1. Notifications to the Department of State Police.
    (a) The Circuit Clerk shall, in the form and manner
required by the Supreme Court, notify the Department of State
Police of all final dispositions of cases for which the
Department has received information reported to it under
Sections 2.1 and 2.2 of the Criminal Identification Act.
    (b) Upon adjudication of any individual as a mentally
disabled person as defined in Section 1.1 of this Act or a
finding that a person has been involuntarily admitted, the
court shall direct the circuit court clerk to immediately
notify the Department of State Police, Firearm Owner's
Identification (FOID) department, and shall forward a copy of
the court order to the Department.
    (c) The Department of Human Services shall, in the form and
manner prescribed by the Department of State Police, report all
information collected under subsection (b) of Section 12 of the
Mental Health and Developmental Disabilities Confidentiality
Act for the purpose of determining whether a person who may be
or may have been a patient in a mental health facility is
disqualified under State or federal law from receiving or
retaining a Firearm Owner's Identification Card, or purchasing
a weapon.
    (d) If a person is determined to pose a clear and present
danger to himself, herself, or to others:
        (1) by a physician, clinical psychologist, or
    qualified examiner, law enforcement official, or school
    administrator, or is determined to be developmentally
    disabled by a physician, clinical psychologist, or
    qualified examiner, whether employed by the State or
    privately by a private mental health facility, then the
    physician, clinical psychologist, or qualified examiner
    shall, within 24 hours of making the determination, notify
    the Department of Human Services that the person poses a
    clear and present danger or is developmentally disabled; or
        (2) by a law enforcement official or school
    administrator, then the law enforcement official or school
    administrator shall, within 24 hours of making the
    determination, notify the Department of State Police 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. The Department of State
    Police shall determine whether to revoke the person's
    Firearm Owner's Identification Card under Section 8 of this
    Act. Any information disclosed under this subsection shall
    remain privileged and confidential, and shall not be
    redisclosed, except as required under subsection (e) of
    Section 3.1 of this Act, nor used for any other purpose.
    The method of providing this information shall guarantee
    that the information is not released beyond what 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
    subsection, except for willful or wanton misconduct.
    (e) The Department of State Police shall adopt rules to
implement this Section.
(Source: P.A. 97-1131, eff. 1-1-13; 98-63, eff. 7-9-13.)
 
    Section 15. The Firearm Concealed Carry Act is amended by
changing Sections 10, 15, 20, 40, 75, and 80 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 who is
carrying a concealed firearm, 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, 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, and identify the location of the
concealed firearm. 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).
    (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.)
 
    (430 ILCS 66/15)
    Sec. 15. Objections by law enforcement agencies.
    (a) Any law enforcement agency may submit an objection to a
license applicant based upon a reasonable suspicion that the
applicant is a danger to himself or herself or others, or a
threat to public safety. The objection shall be made by the
chief law enforcement officer of the law enforcement agency, or
his or her designee, and must include any information relevant
to the objection. If a law enforcement agency submits an
objection within 30 days after the entry of an applicant into
the database, the Department shall submit the objection and all
information available to the Board under State and federal law
related to the application to the Board within 10 days of
completing all necessary background checks.
    (b) If an applicant has 5 or more arrests for any reason,
that have been entered into the Criminal History Records
Information (CHRI) System, within the 7 years preceding the
date of application for a license, or has 3 or more arrests
within the 7 years preceding the date of application for a
license for any combination of gang-related offenses, the
Department shall object and submit the applicant's arrest
record to the extent the Board is allowed to receive that
information under State and federal law, the application
materials, and any additional information submitted by a law
enforcement agency to the Board. For purposes of this
subsection, "gang-related offense" is an offense described in
Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or
Section 33G-4, or in paragraph (1) of subsection (a) of Section
12-6.2, paragraph (2) of subsection (b) of Section 16-30,
paragraph (2) of subsection (b) of Section 31-4, or item (iii)
of paragraph (1.5) of subsection (i) of Section 48-1 of the
Criminal Code of 2012.
    (c) The referral of an objection under this Section to the
Board shall toll the 90-day period for the Department to issue
or deny the applicant a license under subsection (e) of Section
10 of this Act, during the period of review and until the Board
issues its decision.
    (d) If no objection is made by a law enforcement agency or
the Department under this Section, the Department shall process
the application in accordance with this Act.
(Source: P.A. 98-63, eff. 7-9-13.)
 
    (430 ILCS 66/20)
    Sec. 20. Concealed Carry Licensing Review Board.
    (a) There is hereby created within the Department of State
Police a Concealed Carry Licensing Review Board to consider any
objection to an applicant's eligibility to obtain a license
under this Act submitted by a law enforcement agency or the
Department under Section 15 of this Act. The Board shall
consist of 7 commissioners to be appointed by the Governor,
with the advice and consent of the Senate, with 3 commissioners
residing within the First Judicial District and one
commissioner residing within each of the 4 remaining Judicial
Districts. No more than 4 commissioners shall be members of the
same political party. The Governor shall designate one
commissioner as the Chairperson. The Board shall consist of:
        (1) one commissioner with at least 5 years of service
    as a federal judge;
        (2) 2 commissioners with at least 5 years of experience
    serving as an attorney with the United States Department of
    Justice;
        (3) 3 commissioners with at least 5 years of experience
    as a federal agent or employee with investigative
    experience or duties related to criminal justice under the
    United States Department of Justice, Drug Enforcement
    Administration, Department of Homeland Security, or
    Federal Bureau of Investigation; and
        (4) one member with at least 5 years of experience as a
    licensed physician or clinical psychologist with expertise
    in the diagnosis and treatment of mental illness.
    (b) The initial terms of the commissioners shall end on
January 12, 2015. Thereafter, the commissioners shall hold
office for 4 years, with terms expiring on the second Monday in
January of the fourth year. Commissioners may be reappointed.
Vacancies in the office of commissioner shall be filled in the
same manner as the original appointment, for the remainder of
the unexpired term. The Governor may remove a commissioner for
incompetence, neglect of duty, malfeasance, or inability to
serve. Commissioners shall receive compensation in an amount
equal to the compensation of members of the Executive Ethics
Commission and may be reimbursed for reasonable expenses
actually incurred in the performance of their Board duties,
from funds appropriated for that purpose.
    (c) The Board shall meet at the call of the chairperson as
often as necessary to consider objections to applications for a
license under this Act. If necessary to ensure the
participation of a commissioner, the Board shall allow a
commissioner to participate in a Board meeting by electronic
communication. Any commissioner participating electronically
shall be deemed present for purposes of establishing a quorum
and voting.
    (d) The Board shall adopt rules for the review of
objections and the conduct of hearings. The Board shall
maintain a record of its decisions and all materials considered
in making its decisions. All Board decisions and voting records
shall be kept confidential and all materials considered by the
Board shall be exempt from inspection except upon order of a
court.
    (e) In considering an objection of a law enforcement agency
or the Department, the Board shall review the materials
received with the objection from the law enforcement agency or
the Department. By a vote of at least 4 commissioners, the
Board may request additional information from the law
enforcement agency, Department, or the applicant, or the
testimony of the law enforcement agency, Department, or the
applicant. The Board may require that the applicant submit
electronic fingerprints to the Department for an updated
background check where the Board determines it lacks sufficient
information to determine eligibility. The Board may only
consider information submitted by the Department, a law
enforcement agency, or the applicant. The Board shall review
each objection and determine by a majority of commissioners
whether an applicant is eligible for a license.
    (f) The Board shall issue a decision within 30 days of
receipt of the objection from the Department. However, the
Board need not issue a decision within 30 days if:
        (1) the Board requests information from the applicant,
    including but not limited to electronic fingerprints to be
    submitted to the Department, in accordance with subsection
    (e) of this Section, in which case the Board shall make a
    decision within 30 days of receipt of the required
    information from the applicant;
        (2) the applicant agrees, in writing, to allow the
    Board additional time to consider an objection; or
        (3) the Board notifies the applicant and the Department
    that the Board needs an additional 30 days to issue a
    decision.
    (g) If the Board determines by a preponderance of the
evidence that the applicant poses a danger to himself or
herself or others, or is a threat to public safety, then the
Board shall affirm the objection of the law enforcement agency
or the Department and shall notify the Department that the
applicant is ineligible for a license. If the Board does not
determine by a preponderance of the evidence that the applicant
poses a danger to himself or herself or others, or is a threat
to public safety, then the Board shall notify the Department
that the applicant is eligible for a license.
    (h) Meetings of the Board shall not be subject to the Open
Meetings Act and records of the Board shall not be subject to
the Freedom of Information Act.
    (i) The Board shall report monthly to the Governor and the
General Assembly on the number of objections received and
provide details of the circumstances in which the Board has
determined to deny licensure based on law enforcement or
Department objections under Section 15 of this Act. The report
shall not contain any identifying information about the
applicants.
(Source: P.A. 98-63, eff. 7-9-13.)
 
    (430 ILCS 66/40)
    Sec. 40. Non-resident license applications.
    (a) For the purposes of this Section, "non-resident" means
a person who has not resided within this State for more than 30
days and resides in another state or territory.
    (b) The Department shall by rule allow for non-resident
license applications from any state or territory of the United
States with laws related to firearm ownership, possession, and
carrying, that are substantially similar to the requirements to
obtain a license under this Act.
    (c) A resident of a state or territory approved by the
Department under subsection (b) of this Section may apply for a
non-resident license. The applicant shall apply to the
Department and must meet all of the qualifications established
in Section 25 of this Act, except for the Illinois residency
requirement in item (xiv) of paragraph (2) of subsection (a) of
Section 4 of the Firearm Owners Identification Card Act. The
applicant shall submit:
        (1) the application and documentation required under
    Section 30 of this Act and the applicable fee;
        (2) a notarized document stating that the applicant:
            (A) is eligible under federal law and the laws of
        his or her state or territory of residence to own or
        possess a firearm;
            (B) if applicable, has a license or permit to carry
        a firearm or concealed firearm issued by his or her
        state or territory of residence and attach a copy of
        the license or permit to the application;
            (C) understands Illinois laws pertaining to the
        possession and transport of firearms, and
            (D) acknowledges that the applicant is subject to
        the jurisdiction of the Department and Illinois courts
        for any violation of this Act; and
        (3) a photocopy of any certificates or other evidence
    of compliance with the training requirements under Section
    75 of this Act; and
        (4) a head and shoulder color photograph in a size
    specified by the Department taken within the 30 days
    preceding the date of the application.
    (d) In lieu of an Illinois driver's license or Illinois
identification card, a non-resident applicant shall provide
similar documentation from his or her state or territory of
residence. In lieu of a valid Firearm Owner's Identification
Card, the applicant shall submit documentation and information
required by the Department to obtain a Firearm Owner's
Identification Card, including an affidavit that the
non-resident meets the mental health standards to obtain a
firearm under Illinois law, and the Department shall ensure
that the applicant would meet the eligibility criteria to
obtain a Firearm Owner's Identification card if he or she was a
resident of this State.
    (e) Nothing in this Act shall prohibit a non-resident from
transporting a concealed firearm within his or her vehicle in
Illinois, if the concealed firearm remains within his or her
vehicle and the non-resident:
        (1) is not prohibited from owning or possessing a
    firearm under federal law;
        (2) is eligible to carry a firearm in public under the
    laws of his or her state or territory of residence, as
    evidenced by the possession of a concealed carry license or
    permit issued by his or her state of residence, if
    applicable; and
        (3) is not in possession of a license under this Act.
    If the non-resident leaves his or her vehicle unattended,
he or she shall store the firearm within a locked vehicle or
locked container within the vehicle in accordance with
subsection (b) of Section 65 of this Act.
(Source: P.A. 98-63, eff. 7-9-13.)
 
    (430 ILCS 66/75)
    Sec. 75. Applicant firearm training.
    (a) Within 60 days of the effective date of this Act, the
Department shall begin approval of firearm training courses and
shall make a list of approved courses available on the
Department's website.
    (b) An applicant for a new license shall provide proof of
completion of a firearms training course or combination of
courses approved by the Department of at least 16 hours, which
includes range qualification time under subsection (c) of this
Section, that covers the following:
        (1) firearm safety;
        (2) the basic principles of marksmanship;
        (3) care, cleaning, loading, and unloading of a
    concealable firearm;
        (4) all applicable State and federal laws relating to
    the ownership, storage, carry, and transportation of a
    firearm; and
        (5) instruction on the appropriate and lawful
    interaction with law enforcement while transporting or
    carrying a concealed firearm.
    (c) An applicant for a new license shall provide proof of
certification by a certified instructor that the applicant
passed a live fire exercise with a concealable firearm
consisting of:
        (1) a minimum of 30 rounds; and
        (2) 10 rounds from a distance of 5 yards; 10 rounds
    from a distance of 7 yards; and 10 rounds from a distance
    of 10 yards at a B-27 silhouette target approved by the
    Department.
    (d) An applicant for renewal of a license shall provide
proof of completion of a firearms training course or
combination of courses approved by the Department of at least 3
hours.
    (e) A certificate of completion for an applicant's firearm
training course shall not be issued to a student who:
        (1) does not follow the orders of the certified
    firearms instructor;
        (2) in the judgment of the certified instructor,
    handles a firearm in a manner that poses a danger to the
    student or to others; or
        (3) during the range firing portion of testing fails to
    hit the target with 70% of the rounds fired.
    (f) An instructor shall maintain a record of each student's
performance for at least 5 years, and shall make all records
available upon demand of authorized personnel of the
Department.
    (g) The Department and certified firearms instructors
instructor shall recognize up to 8 hours of training already
completed toward the 16 hour training requirement under this
Section if the training course is submitted to and approved by
the Department and recognized under the laws of another state.
Any remaining hours that the applicant completes must at least
cover the classroom subject matter of paragraph (4) of
subsection (b) of this Section, and the range qualification in
subsection (c) of this Section.
    (h) A person who has qualified to carry a firearm as an
active law enforcement or corrections officer, who has
successfully completed firearms training as required by his or
her law enforcement agency and is authorized by his or her
agency to carry a firearm; a person currently certified as a
firearms instructor by this Act or by the Illinois Law
Enforcement Training Standards Board; , or a person who has
completed the required training and has been issued a firearm
control card by the Department of Financial and Professional
Regulation shall be exempt from the requirements of this
Section.
    (i) The Department and certified firearms instructors
shall recognize accept 8 hours of training as completed toward
the 16 hour training requirement under this Section, if the
applicant is an active, retired, or honorably discharged member
of the United States Armed Forces. Any remaining hours that the
applicant completes must at least cover the classroom subject
matter of paragraph (4) of subsection (b) of this Section, and
the range qualification in subsection (c) of this Section.
    (j) The Department and certified firearms instructors
shall recognize up to 8 hours of training already completed
toward the 16 hour training requirement under this Section if
the training course is approved by the Department and was
completed in connection with the applicant's previous
employment as a law enforcement or corrections officer. Any
remaining hours that the applicant completes must at least
cover the classroom subject matter of paragraph (4) of
subsection (b) of this Section, and the range qualification in
subsection (c) of this Section. A former law enforcement or
corrections officer seeking credit under this subsection (j)
shall provide evidence that he or she separated from employment
in good standing from each law enforcement agency where he or
she was employed. An applicant who was discharged from a law
enforcement agency for misconduct or disciplinary reasons is
not eligible for credit under this subsection (j).
(Source: P.A. 98-63, eff. 7-9-13.)
 
    (430 ILCS 66/80)
    Sec. 80. Certified firearms instructors Firearms
instructor training.
    (a) Within 60 days of the effective date of this Act, the
Department shall begin approval of certified firearms
instructors and enter certified firearms instructors into an
online registry on the Department's website.
    (b) A person who is not a certified firearms instructor
shall not teach applicant training courses or advertise or
otherwise represent courses they teach as qualifying their
students to meet the requirements to receive a license under
this Act. Each violation of this subsection is a business
offense with a fine of at least $1,000 per violation.
    (c) A person seeking to become a certified firearms
instructor shall:
        (1) be at least 21 years of age;
        (2) be a legal resident of the United States; and
        (3) meet the requirements of Section 25 of this Act,
    except for the Illinois residency requirement in item (xiv)
    of paragraph (2) of subsection (a) of Section 4 of the
    Firearm Owners Identification Card Act; and any additional
    uniformly applied requirements established by the
    Department.
    (d) A person seeking to become a certified firearms
instructor trainer, in addition to the requirements of
subsection (c) of this Section, shall:
        (1) possess a high school diploma or GED certificate;
    and
        (2) have at least one of the following valid firearms
    instructor certifications:
            (A) certification from a law enforcement agency;
            (B) certification from a firearm instructor course
        offered by a State or federal governmental agency;
            (C) certification from a firearm instructor
        qualification course offered by the Illinois Law
        Enforcement Training Standards Board; or
            (D) certification from an entity approved by the
        Department that offers firearm instructor education
        and training in the use and safety of firearms.
    (e) A person may have his or her firearms instructor
certification denied or revoked if he or she does not meet the
requirements to obtain a license under this Act, provides false
or misleading information to the Department, or has had a prior
instructor certification revoked or denied by the Department.
(Source: P.A. 98-63, eff. 7-9-13.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 12/6/2013