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| | HB0562 Enrolled | | LRB102 02734 SPS 12886 b |
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1 | | AN ACT concerning regulation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 3. The Open Meetings Act is amended by changing |
5 | | Section 2 as follows:
|
6 | | (5 ILCS 120/2) (from Ch. 102, par. 42)
|
7 | | (Text of Section before amendment by P.A. 101-652 )
|
8 | | Sec. 2. Open meetings.
|
9 | | (a) Openness required. All meetings of public
bodies shall |
10 | | be open to the public unless excepted in subsection (c)
and |
11 | | closed in accordance with Section 2a.
|
12 | | (b) Construction of exceptions. The exceptions contained |
13 | | in subsection
(c) are in derogation of the requirement that |
14 | | public bodies
meet in the open, and therefore, the exceptions |
15 | | are to be strictly
construed, extending only to subjects |
16 | | clearly within their scope.
The exceptions authorize but do |
17 | | not require the holding of
a closed meeting to discuss a |
18 | | subject included within an enumerated exception.
|
19 | | (c) Exceptions. A public body may hold closed meetings to |
20 | | consider the
following subjects:
|
21 | | (1) The appointment, employment, compensation, |
22 | | discipline, performance,
or dismissal of specific |
23 | | employees, specific individuals who serve as independent |
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1 | | contractors in a park, recreational, or educational |
2 | | setting, or specific volunteers of the public body or |
3 | | legal counsel for
the public body, including hearing
|
4 | | testimony on a complaint lodged against an employee, a |
5 | | specific individual who serves as an independent |
6 | | contractor in a park, recreational, or educational |
7 | | setting, or a volunteer of the public body or
against |
8 | | legal counsel for the public body to determine its |
9 | | validity. However, a meeting to consider an increase in |
10 | | compensation to a specific employee of a public body that |
11 | | is subject to the Local Government Wage Increase |
12 | | Transparency Act may not be closed and shall be open to the |
13 | | public and posted and held in accordance with this Act.
|
14 | | (2) Collective negotiating matters between the public |
15 | | body and its
employees or their representatives, or |
16 | | deliberations concerning salary
schedules for one or more |
17 | | classes of employees.
|
18 | | (3) The selection of a person to fill a public office,
|
19 | | as defined in this Act, including a vacancy in a public |
20 | | office, when the public
body is given power to appoint |
21 | | under law or ordinance, or the discipline,
performance or |
22 | | removal of the occupant of a public office, when the |
23 | | public body
is given power to remove the occupant under |
24 | | law or ordinance.
|
25 | | (4) Evidence or testimony presented in open hearing, |
26 | | or in closed
hearing where specifically authorized by law, |
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1 | | to
a quasi-adjudicative body, as defined in this Act, |
2 | | provided that the body
prepares and makes available for |
3 | | public inspection a written decision
setting forth its |
4 | | determinative reasoning.
|
5 | | (5) The purchase or lease of real property for the use |
6 | | of
the public body, including meetings held for the |
7 | | purpose of discussing
whether a particular parcel should |
8 | | be acquired.
|
9 | | (6) The setting of a price for sale or lease of |
10 | | property owned
by the public body.
|
11 | | (7) The sale or purchase of securities, investments, |
12 | | or investment
contracts. This exception shall not apply to |
13 | | the investment of assets or income of funds deposited into |
14 | | the Illinois Prepaid Tuition Trust Fund.
|
15 | | (8) Security procedures, school building safety and |
16 | | security, and the use of personnel and
equipment to |
17 | | respond to an actual, a threatened, or a reasonably
|
18 | | potential danger to the safety of employees, students, |
19 | | staff, the public, or
public
property.
|
20 | | (9) Student disciplinary cases.
|
21 | | (10) The placement of individual students in special |
22 | | education
programs and other matters relating to |
23 | | individual students.
|
24 | | (11) Litigation, when an action against, affecting or |
25 | | on behalf of the
particular public body has been filed and |
26 | | is pending before a court or
administrative tribunal, or |
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1 | | when the public body finds that an action is
probable or |
2 | | imminent, in which case the basis for the finding shall be
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3 | | recorded and entered into the minutes of the closed |
4 | | meeting.
|
5 | | (12) The establishment of reserves or settlement of |
6 | | claims as provided
in the Local Governmental and |
7 | | Governmental Employees Tort Immunity Act, if
otherwise the |
8 | | disposition of a claim or potential claim might be
|
9 | | prejudiced, or the review or discussion of claims, loss or |
10 | | risk management
information, records, data, advice or |
11 | | communications from or with respect
to any insurer of the |
12 | | public body or any intergovernmental risk management
|
13 | | association or self insurance pool of which the public |
14 | | body is a member.
|
15 | | (13) Conciliation of complaints of discrimination in |
16 | | the sale or rental
of housing, when closed meetings are |
17 | | authorized by the law or ordinance
prescribing fair |
18 | | housing practices and creating a commission or
|
19 | | administrative agency for their enforcement.
|
20 | | (14) Informant sources, the hiring or assignment of |
21 | | undercover personnel
or equipment, or ongoing, prior or |
22 | | future criminal investigations, when
discussed by a public |
23 | | body with criminal investigatory responsibilities.
|
24 | | (15) Professional ethics or performance when |
25 | | considered by an advisory
body appointed to advise a |
26 | | licensing or regulatory agency on matters
germane to the |
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1 | | advisory body's field of competence.
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2 | | (16) Self evaluation, practices and procedures or |
3 | | professional ethics,
when meeting with a representative of |
4 | | a statewide association of which the
public body is a |
5 | | member.
|
6 | | (17) The recruitment, credentialing, discipline or |
7 | | formal peer review
of physicians or other
health care |
8 | | professionals, or for the discussion of matters protected |
9 | | under the federal Patient Safety and Quality Improvement |
10 | | Act of 2005, and the regulations promulgated thereunder, |
11 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
12 | | Health Insurance Portability and Accountability Act of |
13 | | 1996, and the regulations promulgated thereunder, |
14 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
15 | | hospital, or
other institution providing medical care, |
16 | | that is operated by the public body.
|
17 | | (18) Deliberations for decisions of the Prisoner |
18 | | Review Board.
|
19 | | (19) Review or discussion of applications received |
20 | | under the
Experimental Organ Transplantation Procedures |
21 | | Act.
|
22 | | (20) The classification and discussion of matters |
23 | | classified as
confidential or continued confidential by |
24 | | the State Government Suggestion Award
Board.
|
25 | | (21) Discussion of minutes of meetings lawfully closed |
26 | | under this Act,
whether for purposes of approval by the |
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1 | | body of the minutes or semi-annual
review of the minutes |
2 | | as mandated by Section 2.06.
|
3 | | (22) Deliberations for decisions of the State
|
4 | | Emergency Medical Services Disciplinary
Review Board.
|
5 | | (23) The operation by a municipality of a municipal |
6 | | utility or the
operation of a
municipal power agency or |
7 | | municipal natural gas agency when the
discussion involves |
8 | | (i) contracts relating to the
purchase, sale, or delivery |
9 | | of electricity or natural gas or (ii) the results
or |
10 | | conclusions of load forecast studies.
|
11 | | (24) Meetings of a residential health care facility |
12 | | resident sexual
assault and death review
team or
the |
13 | | Executive
Council under the Abuse Prevention Review
Team |
14 | | Act.
|
15 | | (25) Meetings of an independent team of experts under |
16 | | Brian's Law. |
17 | | (26) Meetings of a mortality review team appointed |
18 | | under the Department of Juvenile Justice Mortality Review |
19 | | Team Act. |
20 | | (27) (Blank). |
21 | | (28) Correspondence and records (i) that may not be |
22 | | disclosed under Section 11-9 of the Illinois Public Aid |
23 | | Code or (ii) that pertain to appeals under Section 11-8 of |
24 | | the Illinois Public Aid Code. |
25 | | (29) Meetings between internal or external auditors |
26 | | and governmental audit committees, finance committees, and |
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1 | | their equivalents, when the discussion involves internal |
2 | | control weaknesses, identification of potential fraud risk |
3 | | areas, known or suspected frauds, and fraud interviews |
4 | | conducted in accordance with generally accepted auditing |
5 | | standards of the United States of America. |
6 | | (30) Those meetings or portions of meetings of a |
7 | | fatality review team or the Illinois Fatality Review Team |
8 | | Advisory Council during which a review of the death of an |
9 | | eligible adult in which abuse or neglect is suspected, |
10 | | alleged, or substantiated is conducted pursuant to Section |
11 | | 15 of the Adult Protective Services Act. |
12 | | (31) Meetings and deliberations for decisions of the |
13 | | Concealed Carry Licensing Review Board under the Firearm |
14 | | Concealed Carry Act. |
15 | | (32) Meetings between the Regional Transportation |
16 | | Authority Board and its Service Boards when the discussion |
17 | | involves review by the Regional Transportation Authority |
18 | | Board of employment contracts under Section 28d of the |
19 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
20 | | 3B.26 of the Regional Transportation Authority Act. |
21 | | (33) Those meetings or portions of meetings of the |
22 | | advisory committee and peer review subcommittee created |
23 | | under Section 320 of the Illinois Controlled Substances |
24 | | Act during which specific controlled substance prescriber, |
25 | | dispenser, or patient information is discussed. |
26 | | (34) Meetings of the Tax Increment Financing Reform |
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1 | | Task Force under Section 2505-800 of the Department of |
2 | | Revenue Law of the Civil Administrative Code of Illinois. |
3 | | (35) Meetings of the group established to discuss |
4 | | Medicaid capitation rates under Section 5-30.8 of the |
5 | | Illinois Public Aid Code. |
6 | | (36) Those deliberations or portions of deliberations |
7 | | for decisions of the Illinois Gaming Board in which there |
8 | | is discussed any of the following: (i) personal, |
9 | | commercial, financial, or other information obtained from |
10 | | any source that is privileged, proprietary, confidential, |
11 | | or a trade secret; or (ii) information specifically |
12 | | exempted from the disclosure by federal or State law. |
13 | | (d) Definitions. For purposes of this Section:
|
14 | | "Employee" means a person employed by a public body whose |
15 | | relationship
with the public body constitutes an |
16 | | employer-employee relationship under
the usual common law |
17 | | rules, and who is not an independent contractor.
|
18 | | "Public office" means a position created by or under the
|
19 | | Constitution or laws of this State, the occupant of which is |
20 | | charged with
the exercise of some portion of the sovereign |
21 | | power of this State. The term
"public office" shall include |
22 | | members of the public body, but it shall not
include |
23 | | organizational positions filled by members thereof, whether
|
24 | | established by law or by a public body itself, that exist to |
25 | | assist the
body in the conduct of its business.
|
26 | | "Quasi-adjudicative body" means an administrative body |
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1 | | charged by law or
ordinance with the responsibility to conduct |
2 | | hearings, receive evidence or
testimony and make |
3 | | determinations based
thereon, but does not include
local |
4 | | electoral boards when such bodies are considering petition |
5 | | challenges.
|
6 | | (e) Final action. No final action may be taken at a closed |
7 | | meeting.
Final action shall be preceded by a public recital of |
8 | | the nature of the
matter being considered and other |
9 | | information that will inform the
public of the business being |
10 | | conducted.
|
11 | | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; |
12 | | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. |
13 | | 8-23-19; revised 9-27-19.) |
14 | | (Text of Section after amendment by P.A. 101-652 )
|
15 | | Sec. 2. Open meetings.
|
16 | | (a) Openness required. All meetings of public
bodies shall |
17 | | be open to the public unless excepted in subsection (c)
and |
18 | | closed in accordance with Section 2a.
|
19 | | (b) Construction of exceptions. The exceptions contained |
20 | | in subsection
(c) are in derogation of the requirement that |
21 | | public bodies
meet in the open, and therefore, the exceptions |
22 | | are to be strictly
construed, extending only to subjects |
23 | | clearly within their scope.
The exceptions authorize but do |
24 | | not require the holding of
a closed meeting to discuss a |
25 | | subject included within an enumerated exception.
|
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1 | | (c) Exceptions. A public body may hold closed meetings to |
2 | | consider the
following subjects:
|
3 | | (1) The appointment, employment, compensation, |
4 | | discipline, performance,
or dismissal of specific |
5 | | employees, specific individuals who serve as independent |
6 | | contractors in a park, recreational, or educational |
7 | | setting, or specific volunteers of the public body or |
8 | | legal counsel for
the public body, including hearing
|
9 | | testimony on a complaint lodged against an employee, a |
10 | | specific individual who serves as an independent |
11 | | contractor in a park, recreational, or educational |
12 | | setting, or a volunteer of the public body or
against |
13 | | legal counsel for the public body to determine its |
14 | | validity. However, a meeting to consider an increase in |
15 | | compensation to a specific employee of a public body that |
16 | | is subject to the Local Government Wage Increase |
17 | | Transparency Act may not be closed and shall be open to the |
18 | | public and posted and held in accordance with this Act.
|
19 | | (2) Collective negotiating matters between the public |
20 | | body and its
employees or their representatives, or |
21 | | deliberations concerning salary
schedules for one or more |
22 | | classes of employees.
|
23 | | (3) The selection of a person to fill a public office,
|
24 | | as defined in this Act, including a vacancy in a public |
25 | | office, when the public
body is given power to appoint |
26 | | under law or ordinance, or the discipline,
performance or |
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1 | | removal of the occupant of a public office, when the |
2 | | public body
is given power to remove the occupant under |
3 | | law or ordinance.
|
4 | | (4) Evidence or testimony presented in open hearing, |
5 | | or in closed
hearing where specifically authorized by law, |
6 | | to
a quasi-adjudicative body, as defined in this Act, |
7 | | provided that the body
prepares and makes available for |
8 | | public inspection a written decision
setting forth its |
9 | | determinative reasoning.
|
10 | | (5) The purchase or lease of real property for the use |
11 | | of
the public body, including meetings held for the |
12 | | purpose of discussing
whether a particular parcel should |
13 | | be acquired.
|
14 | | (6) The setting of a price for sale or lease of |
15 | | property owned
by the public body.
|
16 | | (7) The sale or purchase of securities, investments, |
17 | | or investment
contracts. This exception shall not apply to |
18 | | the investment of assets or income of funds deposited into |
19 | | the Illinois Prepaid Tuition Trust Fund.
|
20 | | (8) Security procedures, school building safety and |
21 | | security, and the use of personnel and
equipment to |
22 | | respond to an actual, a threatened, or a reasonably
|
23 | | potential danger to the safety of employees, students, |
24 | | staff, the public, or
public
property.
|
25 | | (9) Student disciplinary cases.
|
26 | | (10) The placement of individual students in special |
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1 | | education
programs and other matters relating to |
2 | | individual students.
|
3 | | (11) Litigation, when an action against, affecting or |
4 | | on behalf of the
particular public body has been filed and |
5 | | is pending before a court or
administrative tribunal, or |
6 | | when the public body finds that an action is
probable or |
7 | | imminent, in which case the basis for the finding shall be
|
8 | | recorded and entered into the minutes of the closed |
9 | | meeting.
|
10 | | (12) The establishment of reserves or settlement of |
11 | | claims as provided
in the Local Governmental and |
12 | | Governmental Employees Tort Immunity Act, if
otherwise the |
13 | | disposition of a claim or potential claim might be
|
14 | | prejudiced, or the review or discussion of claims, loss or |
15 | | risk management
information, records, data, advice or |
16 | | communications from or with respect
to any insurer of the |
17 | | public body or any intergovernmental risk management
|
18 | | association or self insurance pool of which the public |
19 | | body is a member.
|
20 | | (13) Conciliation of complaints of discrimination in |
21 | | the sale or rental
of housing, when closed meetings are |
22 | | authorized by the law or ordinance
prescribing fair |
23 | | housing practices and creating a commission or
|
24 | | administrative agency for their enforcement.
|
25 | | (14) Informant sources, the hiring or assignment of |
26 | | undercover personnel
or equipment, or ongoing, prior or |
|
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|
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1 | | future criminal investigations, when
discussed by a public |
2 | | body with criminal investigatory responsibilities.
|
3 | | (15) Professional ethics or performance when |
4 | | considered by an advisory
body appointed to advise a |
5 | | licensing or regulatory agency on matters
germane to the |
6 | | advisory body's field of competence.
|
7 | | (16) Self evaluation, practices and procedures or |
8 | | professional ethics,
when meeting with a representative of |
9 | | a statewide association of which the
public body is a |
10 | | member.
|
11 | | (17) The recruitment, credentialing, discipline or |
12 | | formal peer review
of physicians or other
health care |
13 | | professionals, or for the discussion of matters protected |
14 | | under the federal Patient Safety and Quality Improvement |
15 | | Act of 2005, and the regulations promulgated thereunder, |
16 | | including 42 C.F.R. Part 3 (73 FR 70732), or the federal |
17 | | Health Insurance Portability and Accountability Act of |
18 | | 1996, and the regulations promulgated thereunder, |
19 | | including 45 C.F.R. Parts 160, 162, and 164, by a |
20 | | hospital, or
other institution providing medical care, |
21 | | that is operated by the public body.
|
22 | | (18) Deliberations for decisions of the Prisoner |
23 | | Review Board.
|
24 | | (19) Review or discussion of applications received |
25 | | under the
Experimental Organ Transplantation Procedures |
26 | | Act.
|
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1 | | (20) The classification and discussion of matters |
2 | | classified as
confidential or continued confidential by |
3 | | the State Government Suggestion Award
Board.
|
4 | | (21) Discussion of minutes of meetings lawfully closed |
5 | | under this Act,
whether for purposes of approval by the |
6 | | body of the minutes or semi-annual
review of the minutes |
7 | | as mandated by Section 2.06.
|
8 | | (22) Deliberations for decisions of the State
|
9 | | Emergency Medical Services Disciplinary
Review Board.
|
10 | | (23) The operation by a municipality of a municipal |
11 | | utility or the
operation of a
municipal power agency or |
12 | | municipal natural gas agency when the
discussion involves |
13 | | (i) contracts relating to the
purchase, sale, or delivery |
14 | | of electricity or natural gas or (ii) the results
or |
15 | | conclusions of load forecast studies.
|
16 | | (24) Meetings of a residential health care facility |
17 | | resident sexual
assault and death review
team or
the |
18 | | Executive
Council under the Abuse Prevention Review
Team |
19 | | Act.
|
20 | | (25) Meetings of an independent team of experts under |
21 | | Brian's Law. |
22 | | (26) Meetings of a mortality review team appointed |
23 | | under the Department of Juvenile Justice Mortality Review |
24 | | Team Act. |
25 | | (27) (Blank). |
26 | | (28) Correspondence and records (i) that may not be |
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|
|
1 | | disclosed under Section 11-9 of the Illinois Public Aid |
2 | | Code or (ii) that pertain to appeals under Section 11-8 of |
3 | | the Illinois Public Aid Code. |
4 | | (29) Meetings between internal or external auditors |
5 | | and governmental audit committees, finance committees, and |
6 | | their equivalents, when the discussion involves internal |
7 | | control weaknesses, identification of potential fraud risk |
8 | | areas, known or suspected frauds, and fraud interviews |
9 | | conducted in accordance with generally accepted auditing |
10 | | standards of the United States of America. |
11 | | (30) Those meetings or portions of meetings of a |
12 | | fatality review team or the Illinois Fatality Review Team |
13 | | Advisory Council during which a review of the death of an |
14 | | eligible adult in which abuse or neglect is suspected, |
15 | | alleged, or substantiated is conducted pursuant to Section |
16 | | 15 of the Adult Protective Services Act. |
17 | | (31) Meetings and deliberations for decisions of the |
18 | | Concealed Carry Licensing Review Board under the Firearm |
19 | | Concealed Carry Act. |
20 | | (32) Meetings between the Regional Transportation |
21 | | Authority Board and its Service Boards when the discussion |
22 | | involves review by the Regional Transportation Authority |
23 | | Board of employment contracts under Section 28d of the |
24 | | Metropolitan Transit Authority Act and Sections 3A.18 and |
25 | | 3B.26 of the Regional Transportation Authority Act. |
26 | | (33) Those meetings or portions of meetings of the |
|
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|
|
1 | | advisory committee and peer review subcommittee created |
2 | | under Section 320 of the Illinois Controlled Substances |
3 | | Act during which specific controlled substance prescriber, |
4 | | dispenser, or patient information is discussed. |
5 | | (34) Meetings of the Tax Increment Financing Reform |
6 | | Task Force under Section 2505-800 of the Department of |
7 | | Revenue Law of the Civil Administrative Code of Illinois. |
8 | | (35) Meetings of the group established to discuss |
9 | | Medicaid capitation rates under Section 5-30.8 of the |
10 | | Illinois Public Aid Code. |
11 | | (36) Those deliberations or portions of deliberations |
12 | | for decisions of the Illinois Gaming Board in which there |
13 | | is discussed any of the following: (i) personal, |
14 | | commercial, financial, or other information obtained from |
15 | | any source that is privileged, proprietary, confidential, |
16 | | or a trade secret; or (ii) information specifically |
17 | | exempted from the disclosure by federal or State law. |
18 | | (37) Deliberations for decisions of the Illinois Law
|
19 | | Enforcement Training Standards Board, the Certification |
20 | | Review Panel, and the Illinois State Police Merit Board |
21 | | regarding certification and decertification. |
22 | | (38) Meetings of the Firearm Owner's Identification |
23 | | Card Review Board under Section 10 of the Firearm Owners |
24 | | Identification Card Act. |
25 | | (d) Definitions. For purposes of this Section:
|
26 | | "Employee" means a person employed by a public body whose |
|
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|
|
1 | | relationship
with the public body constitutes an |
2 | | employer-employee relationship under
the usual common law |
3 | | rules, and who is not an independent contractor.
|
4 | | "Public office" means a position created by or under the
|
5 | | Constitution or laws of this State, the occupant of which is |
6 | | charged with
the exercise of some portion of the sovereign |
7 | | power of this State. The term
"public office" shall include |
8 | | members of the public body, but it shall not
include |
9 | | organizational positions filled by members thereof, whether
|
10 | | established by law or by a public body itself, that exist to |
11 | | assist the
body in the conduct of its business.
|
12 | | "Quasi-adjudicative body" means an administrative body |
13 | | charged by law or
ordinance with the responsibility to conduct |
14 | | hearings, receive evidence or
testimony and make |
15 | | determinations based
thereon, but does not include
local |
16 | | electoral boards when such bodies are considering petition |
17 | | challenges.
|
18 | | (e) Final action. No final action may be taken at a closed |
19 | | meeting.
Final action shall be preceded by a public recital of |
20 | | the nature of the
matter being considered and other |
21 | | information that will inform the
public of the business being |
22 | | conducted.
|
23 | | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; |
24 | | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. |
25 | | 8-23-19; 101-652, eff. 1-1-22.) |
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1 | | Section 5. The Freedom of Information Act is amended by |
2 | | changing Section 7.5 as follows:
|
3 | | (5 ILCS 140/7.5)
|
4 | | (Text of Section before amendment by P.A. 101-652 ) |
5 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
6 | | by the statutes referenced below, the following shall be |
7 | | exempt from inspection and copying: |
8 | | (a) All information determined to be confidential |
9 | | under Section 4002 of the Technology Advancement and |
10 | | Development Act. |
11 | | (b) Library circulation and order records identifying |
12 | | library users with specific materials under the Library |
13 | | Records Confidentiality Act. |
14 | | (c) Applications, related documents, and medical |
15 | | records received by the Experimental Organ Transplantation |
16 | | Procedures Board and any and all documents or other |
17 | | records prepared by the Experimental Organ Transplantation |
18 | | Procedures Board or its staff relating to applications it |
19 | | has received. |
20 | | (d) Information and records held by the Department of |
21 | | Public Health and its authorized representatives relating |
22 | | to known or suspected cases of sexually transmissible |
23 | | disease or any information the disclosure of which is |
24 | | restricted under the Illinois Sexually Transmissible |
25 | | Disease Control Act. |
|
| | HB0562 Enrolled | - 19 - | LRB102 02734 SPS 12886 b |
|
|
1 | | (e) Information the disclosure of which is exempted |
2 | | under Section 30 of the Radon Industry Licensing Act. |
3 | | (f) Firm performance evaluations under Section 55 of |
4 | | the Architectural, Engineering, and Land Surveying |
5 | | Qualifications Based Selection Act. |
6 | | (g) Information the disclosure of which is restricted |
7 | | and exempted under Section 50 of the Illinois Prepaid |
8 | | Tuition Act. |
9 | | (h) Information the disclosure of which is exempted |
10 | | under the State Officials and Employees Ethics Act, and |
11 | | records of any lawfully created State or local inspector |
12 | | general's office that would be exempt if created or |
13 | | obtained by an Executive Inspector General's office under |
14 | | that Act. |
15 | | (i) Information contained in a local emergency energy |
16 | | plan submitted to a municipality in accordance with a |
17 | | local emergency energy plan ordinance that is adopted |
18 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
19 | | (j) Information and data concerning the distribution |
20 | | of surcharge moneys collected and remitted by carriers |
21 | | under the Emergency Telephone System Act. |
22 | | (k) Law enforcement officer identification information |
23 | | or driver identification information compiled by a law |
24 | | enforcement agency or the Department of Transportation |
25 | | under Section 11-212 of the Illinois Vehicle Code. |
26 | | (l) Records and information provided to a residential |
|
| | HB0562 Enrolled | - 20 - | LRB102 02734 SPS 12886 b |
|
|
1 | | health care facility resident sexual assault and death |
2 | | review team or the Executive Council under the Abuse |
3 | | Prevention Review Team Act. |
4 | | (m) Information provided to the predatory lending |
5 | | database created pursuant to Article 3 of the Residential |
6 | | Real Property Disclosure Act, except to the extent |
7 | | authorized under that Article. |
8 | | (n) Defense budgets and petitions for certification of |
9 | | compensation and expenses for court appointed trial |
10 | | counsel as provided under Sections 10 and 15 of the |
11 | | Capital Crimes Litigation Act. This subsection (n) shall |
12 | | apply until the conclusion of the trial of the case, even |
13 | | if the prosecution chooses not to pursue the death penalty |
14 | | prior to trial or sentencing. |
15 | | (o) Information that is prohibited from being |
16 | | disclosed under Section 4 of the Illinois Health and |
17 | | Hazardous Substances Registry Act. |
18 | | (p) Security portions of system safety program plans, |
19 | | investigation reports, surveys, schedules, lists, data, or |
20 | | information compiled, collected, or prepared by or for the |
21 | | Regional Transportation Authority under Section 2.11 of |
22 | | the Regional Transportation Authority Act or the St. Clair |
23 | | County Transit District under the Bi-State Transit Safety |
24 | | Act. |
25 | | (q) Information prohibited from being disclosed by the |
26 | | Personnel Record Review Act. |
|
| | HB0562 Enrolled | - 21 - | LRB102 02734 SPS 12886 b |
|
|
1 | | (r) Information prohibited from being disclosed by the |
2 | | Illinois School Student Records Act. |
3 | | (s) Information the disclosure of which is restricted |
4 | | under Section 5-108 of the Public Utilities Act.
|
5 | | (t) All identified or deidentified health information |
6 | | in the form of health data or medical records contained |
7 | | in, stored in, submitted to, transferred by, or released |
8 | | from the Illinois Health Information Exchange, and |
9 | | identified or deidentified health information in the form |
10 | | of health data and medical records of the Illinois Health |
11 | | Information Exchange in the possession of the Illinois |
12 | | Health Information Exchange Office due to its |
13 | | administration of the Illinois Health Information |
14 | | Exchange. The terms "identified" and "deidentified" shall |
15 | | be given the same meaning as in the Health Insurance |
16 | | Portability and Accountability Act of 1996, Public Law |
17 | | 104-191, or any subsequent amendments thereto, and any |
18 | | regulations promulgated thereunder. |
19 | | (u) Records and information provided to an independent |
20 | | team of experts under the Developmental Disability and |
21 | | Mental Health Safety Act (also known as Brian's Law). |
22 | | (v) Names and information of people who have applied |
23 | | for or received Firearm Owner's Identification Cards under |
24 | | the Firearm Owners Identification Card Act or applied for |
25 | | or received a concealed carry license under the Firearm |
26 | | Concealed Carry Act, unless otherwise authorized by the |
|
| | HB0562 Enrolled | - 22 - | LRB102 02734 SPS 12886 b |
|
|
1 | | Firearm Concealed Carry Act; and databases under the |
2 | | Firearm Concealed Carry Act, records of the Concealed |
3 | | Carry Licensing Review Board under the Firearm Concealed |
4 | | Carry Act, and law enforcement agency objections under the |
5 | | Firearm Concealed Carry Act. |
6 | | (w) Personally identifiable information which is |
7 | | exempted from disclosure under subsection (g) of Section |
8 | | 19.1 of the Toll Highway Act. |
9 | | (x) Information which is exempted from disclosure |
10 | | under Section 5-1014.3 of the Counties Code or Section |
11 | | 8-11-21 of the Illinois Municipal Code. |
12 | | (y) Confidential information under the Adult |
13 | | Protective Services Act and its predecessor enabling |
14 | | statute, the Elder Abuse and Neglect Act, including |
15 | | information about the identity and administrative finding |
16 | | against any caregiver of a verified and substantiated |
17 | | decision of abuse, neglect, or financial exploitation of |
18 | | an eligible adult maintained in the Registry established |
19 | | under Section 7.5 of the Adult Protective Services Act. |
20 | | (z) Records and information provided to a fatality |
21 | | review team or the Illinois Fatality Review Team Advisory |
22 | | Council under Section 15 of the Adult Protective Services |
23 | | Act. |
24 | | (aa) Information which is exempted from disclosure |
25 | | under Section 2.37 of the Wildlife Code. |
26 | | (bb) Information which is or was prohibited from |
|
| | HB0562 Enrolled | - 23 - | LRB102 02734 SPS 12886 b |
|
|
1 | | disclosure by the Juvenile Court Act of 1987. |
2 | | (cc) Recordings made under the Law Enforcement |
3 | | Officer-Worn Body Camera Act, except to the extent |
4 | | authorized under that Act. |
5 | | (dd) Information that is prohibited from being |
6 | | disclosed under Section 45 of the Condominium and Common |
7 | | Interest Community Ombudsperson Act. |
8 | | (ee) Information that is exempted from disclosure |
9 | | under Section 30.1 of the Pharmacy Practice Act. |
10 | | (ff) Information that is exempted from disclosure |
11 | | under the Revised Uniform Unclaimed Property Act. |
12 | | (gg) Information that is prohibited from being |
13 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
14 | | Code. |
15 | | (hh) Records that are exempt from disclosure under |
16 | | Section 1A-16.7 of the Election Code. |
17 | | (ii) Information which is exempted from disclosure |
18 | | under Section 2505-800 of the Department of Revenue Law of |
19 | | the Civil Administrative Code of Illinois. |
20 | | (jj) Information and reports that are required to be |
21 | | submitted to the Department of Labor by registering day |
22 | | and temporary labor service agencies but are exempt from |
23 | | disclosure under subsection (a-1) of Section 45 of the Day |
24 | | and Temporary Labor Services Act. |
25 | | (kk) Information prohibited from disclosure under the |
26 | | Seizure and Forfeiture Reporting Act. |
|
| | HB0562 Enrolled | - 24 - | LRB102 02734 SPS 12886 b |
|
|
1 | | (ll) Information the disclosure of which is restricted |
2 | | and exempted under Section 5-30.8 of the Illinois Public |
3 | | Aid Code. |
4 | | (mm) Records that are exempt from disclosure under |
5 | | Section 4.2 of the Crime Victims Compensation Act. |
6 | | (nn) Information that is exempt from disclosure under |
7 | | Section 70 of the Higher Education Student Assistance Act. |
8 | | (oo) Communications, notes, records, and reports |
9 | | arising out of a peer support counseling session |
10 | | prohibited from disclosure under the First Responders |
11 | | Suicide Prevention Act. |
12 | | (pp) Names and all identifying information relating to |
13 | | an employee of an emergency services provider or law |
14 | | enforcement agency under the First Responders Suicide |
15 | | Prevention Act. |
16 | | (qq) Information and records held by the Department of |
17 | | Public Health and its authorized representatives collected |
18 | | under the Reproductive Health Act. |
19 | | (rr) Information that is exempt from disclosure under |
20 | | the Cannabis Regulation and Tax Act. |
21 | | (ss) Data reported by an employer to the Department of |
22 | | Human Rights pursuant to Section 2-108 of the Illinois |
23 | | Human Rights Act. |
24 | | (tt) Recordings made under the Children's Advocacy |
25 | | Center Act, except to the extent authorized under that |
26 | | Act. |
|
| | HB0562 Enrolled | - 25 - | LRB102 02734 SPS 12886 b |
|
|
1 | | (uu) Information that is exempt from disclosure under |
2 | | Section 50 of the Sexual Assault Evidence Submission Act. |
3 | | (vv) Information that is exempt from disclosure under |
4 | | subsections (f) and (j) of Section 5-36 of the Illinois |
5 | | Public Aid Code. |
6 | | (ww) Information that is exempt from disclosure under |
7 | | Section 16.8 of the State Treasurer Act. |
8 | | (xx) Information that is exempt from disclosure or |
9 | | information that shall not be made public under the |
10 | | Illinois Insurance Code. |
11 | | (yy) Information prohibited from being disclosed under |
12 | | the Illinois Educational Labor Relations Act. |
13 | | (zz) Information prohibited from being disclosed under |
14 | | the Illinois Public Labor Relations Act. |
15 | | (aaa) Information prohibited from being disclosed |
16 | | under Section 1-167 of the Illinois Pension Code. |
17 | | (bbb) Information that is exempt from disclosure under |
18 | | subsection (k) of Section 11 of the Equal Pay Act of 2003. |
19 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
20 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
21 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
22 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
23 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
24 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, |
25 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
26 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
|
| | HB0562 Enrolled | - 26 - | LRB102 02734 SPS 12886 b |
|
|
1 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, |
2 | | eff. 7-7-20; 101-656, eff. 3-23-21.) |
3 | | (Text of Section after amendment by P.A. 101-652 )
|
4 | | Sec. 7.5. Statutory exemptions. To the extent provided for |
5 | | by the statutes referenced below, the following shall be |
6 | | exempt from inspection and copying: |
7 | | (a) All information determined to be confidential |
8 | | under Section 4002 of the Technology Advancement and |
9 | | Development Act. |
10 | | (b) Library circulation and order records identifying |
11 | | library users with specific materials under the Library |
12 | | Records Confidentiality Act. |
13 | | (c) Applications, related documents, and medical |
14 | | records received by the Experimental Organ Transplantation |
15 | | Procedures Board and any and all documents or other |
16 | | records prepared by the Experimental Organ Transplantation |
17 | | Procedures Board or its staff relating to applications it |
18 | | has received. |
19 | | (d) Information and records held by the Department of |
20 | | Public Health and its authorized representatives relating |
21 | | to known or suspected cases of sexually transmissible |
22 | | disease or any information the disclosure of which is |
23 | | restricted under the Illinois Sexually Transmissible |
24 | | Disease Control Act. |
25 | | (e) Information the disclosure of which is exempted |
|
| | HB0562 Enrolled | - 27 - | LRB102 02734 SPS 12886 b |
|
|
1 | | under Section 30 of the Radon Industry Licensing Act. |
2 | | (f) Firm performance evaluations under Section 55 of |
3 | | the Architectural, Engineering, and Land Surveying |
4 | | Qualifications Based Selection Act. |
5 | | (g) Information the disclosure of which is restricted |
6 | | and exempted under Section 50 of the Illinois Prepaid |
7 | | Tuition Act. |
8 | | (h) Information the disclosure of which is exempted |
9 | | under the State Officials and Employees Ethics Act, and |
10 | | records of any lawfully created State or local inspector |
11 | | general's office that would be exempt if created or |
12 | | obtained by an Executive Inspector General's office under |
13 | | that Act. |
14 | | (i) Information contained in a local emergency energy |
15 | | plan submitted to a municipality in accordance with a |
16 | | local emergency energy plan ordinance that is adopted |
17 | | under Section 11-21.5-5 of the Illinois Municipal Code. |
18 | | (j) Information and data concerning the distribution |
19 | | of surcharge moneys collected and remitted by carriers |
20 | | under the Emergency Telephone System Act. |
21 | | (k) Law enforcement officer identification information |
22 | | or driver identification information compiled by a law |
23 | | enforcement agency or the Department of Transportation |
24 | | under Section 11-212 of the Illinois Vehicle Code. |
25 | | (l) Records and information provided to a residential |
26 | | health care facility resident sexual assault and death |
|
| | HB0562 Enrolled | - 28 - | LRB102 02734 SPS 12886 b |
|
|
1 | | review team or the Executive Council under the Abuse |
2 | | Prevention Review Team Act. |
3 | | (m) Information provided to the predatory lending |
4 | | database created pursuant to Article 3 of the Residential |
5 | | Real Property Disclosure Act, except to the extent |
6 | | authorized under that Article. |
7 | | (n) Defense budgets and petitions for certification of |
8 | | compensation and expenses for court appointed trial |
9 | | counsel as provided under Sections 10 and 15 of the |
10 | | Capital Crimes Litigation Act. This subsection (n) shall |
11 | | apply until the conclusion of the trial of the case, even |
12 | | if the prosecution chooses not to pursue the death penalty |
13 | | prior to trial or sentencing. |
14 | | (o) Information that is prohibited from being |
15 | | disclosed under Section 4 of the Illinois Health and |
16 | | Hazardous Substances Registry Act. |
17 | | (p) Security portions of system safety program plans, |
18 | | investigation reports, surveys, schedules, lists, data, or |
19 | | information compiled, collected, or prepared by or for the |
20 | | Regional Transportation Authority under Section 2.11 of |
21 | | the Regional Transportation Authority Act or the St. Clair |
22 | | County Transit District under the Bi-State Transit Safety |
23 | | Act. |
24 | | (q) Information prohibited from being disclosed by the |
25 | | Personnel Record Review Act. |
26 | | (r) Information prohibited from being disclosed by the |
|
| | HB0562 Enrolled | - 29 - | LRB102 02734 SPS 12886 b |
|
|
1 | | Illinois School Student Records Act. |
2 | | (s) Information the disclosure of which is restricted |
3 | | under Section 5-108 of the Public Utilities Act.
|
4 | | (t) All identified or deidentified health information |
5 | | in the form of health data or medical records contained |
6 | | in, stored in, submitted to, transferred by, or released |
7 | | from the Illinois Health Information Exchange, and |
8 | | identified or deidentified health information in the form |
9 | | of health data and medical records of the Illinois Health |
10 | | Information Exchange in the possession of the Illinois |
11 | | Health Information Exchange Office due to its |
12 | | administration of the Illinois Health Information |
13 | | Exchange. The terms "identified" and "deidentified" shall |
14 | | be given the same meaning as in the Health Insurance |
15 | | Portability and Accountability Act of 1996, Public Law |
16 | | 104-191, or any subsequent amendments thereto, and any |
17 | | regulations promulgated thereunder. |
18 | | (u) Records and information provided to an independent |
19 | | team of experts under the Developmental Disability and |
20 | | Mental Health Safety Act (also known as Brian's Law). |
21 | | (v) Names and information of people who have applied |
22 | | for or received Firearm Owner's Identification Cards under |
23 | | the Firearm Owners Identification Card Act or applied for |
24 | | or received a concealed carry license under the Firearm |
25 | | Concealed Carry Act, unless otherwise authorized by the |
26 | | Firearm Concealed Carry Act; and databases under the |
|
| | HB0562 Enrolled | - 30 - | LRB102 02734 SPS 12886 b |
|
|
1 | | Firearm Concealed Carry Act, records of the Concealed |
2 | | Carry Licensing Review Board under the Firearm Concealed |
3 | | Carry Act, and law enforcement agency objections under the |
4 | | Firearm Concealed Carry Act. |
5 | | (v-5) Records of the Firearm Owner's Identification |
6 | | Card Review Board that are exempted from disclosure under |
7 | | Section 10 of the Firearm Owners Identification Card Act. |
8 | | (w) Personally identifiable information which is |
9 | | exempted from disclosure under subsection (g) of Section |
10 | | 19.1 of the Toll Highway Act. |
11 | | (x) Information which is exempted from disclosure |
12 | | under Section 5-1014.3 of the Counties Code or Section |
13 | | 8-11-21 of the Illinois Municipal Code. |
14 | | (y) Confidential information under the Adult |
15 | | Protective Services Act and its predecessor enabling |
16 | | statute, the Elder Abuse and Neglect Act, including |
17 | | information about the identity and administrative finding |
18 | | against any caregiver of a verified and substantiated |
19 | | decision of abuse, neglect, or financial exploitation of |
20 | | an eligible adult maintained in the Registry established |
21 | | under Section 7.5 of the Adult Protective Services Act. |
22 | | (z) Records and information provided to a fatality |
23 | | review team or the Illinois Fatality Review Team Advisory |
24 | | Council under Section 15 of the Adult Protective Services |
25 | | Act. |
26 | | (aa) Information which is exempted from disclosure |
|
| | HB0562 Enrolled | - 31 - | LRB102 02734 SPS 12886 b |
|
|
1 | | under Section 2.37 of the Wildlife Code. |
2 | | (bb) Information which is or was prohibited from |
3 | | disclosure by the Juvenile Court Act of 1987. |
4 | | (cc) Recordings made under the Law Enforcement |
5 | | Officer-Worn Body Camera Act, except to the extent |
6 | | authorized under that Act. |
7 | | (dd) Information that is prohibited from being |
8 | | disclosed under Section 45 of the Condominium and Common |
9 | | Interest Community Ombudsperson Act. |
10 | | (ee) Information that is exempted from disclosure |
11 | | under Section 30.1 of the Pharmacy Practice Act. |
12 | | (ff) Information that is exempted from disclosure |
13 | | under the Revised Uniform Unclaimed Property Act. |
14 | | (gg) Information that is prohibited from being |
15 | | disclosed under Section 7-603.5 of the Illinois Vehicle |
16 | | Code. |
17 | | (hh) Records that are exempt from disclosure under |
18 | | Section 1A-16.7 of the Election Code. |
19 | | (ii) Information which is exempted from disclosure |
20 | | under Section 2505-800 of the Department of Revenue Law of |
21 | | the Civil Administrative Code of Illinois. |
22 | | (jj) Information and reports that are required to be |
23 | | submitted to the Department of Labor by registering day |
24 | | and temporary labor service agencies but are exempt from |
25 | | disclosure under subsection (a-1) of Section 45 of the Day |
26 | | and Temporary Labor Services Act. |
|
| | HB0562 Enrolled | - 32 - | LRB102 02734 SPS 12886 b |
|
|
1 | | (kk) Information prohibited from disclosure under the |
2 | | Seizure and Forfeiture Reporting Act. |
3 | | (ll) Information the disclosure of which is restricted |
4 | | and exempted under Section 5-30.8 of the Illinois Public |
5 | | Aid Code. |
6 | | (mm) Records that are exempt from disclosure under |
7 | | Section 4.2 of the Crime Victims Compensation Act. |
8 | | (nn) Information that is exempt from disclosure under |
9 | | Section 70 of the Higher Education Student Assistance Act. |
10 | | (oo) Communications, notes, records, and reports |
11 | | arising out of a peer support counseling session |
12 | | prohibited from disclosure under the First Responders |
13 | | Suicide Prevention Act. |
14 | | (pp) Names and all identifying information relating to |
15 | | an employee of an emergency services provider or law |
16 | | enforcement agency under the First Responders Suicide |
17 | | Prevention Act. |
18 | | (qq) Information and records held by the Department of |
19 | | Public Health and its authorized representatives collected |
20 | | under the Reproductive Health Act. |
21 | | (rr) Information that is exempt from disclosure under |
22 | | the Cannabis Regulation and Tax Act. |
23 | | (ss) Data reported by an employer to the Department of |
24 | | Human Rights pursuant to Section 2-108 of the Illinois |
25 | | Human Rights Act. |
26 | | (tt) Recordings made under the Children's Advocacy |
|
| | HB0562 Enrolled | - 33 - | LRB102 02734 SPS 12886 b |
|
|
1 | | Center Act, except to the extent authorized under that |
2 | | Act. |
3 | | (uu) Information that is exempt from disclosure under |
4 | | Section 50 of the Sexual Assault Evidence Submission Act. |
5 | | (vv) Information that is exempt from disclosure under |
6 | | subsections (f) and (j) of Section 5-36 of the Illinois |
7 | | Public Aid Code. |
8 | | (ww) Information that is exempt from disclosure under |
9 | | Section 16.8 of the State Treasurer Act. |
10 | | (xx) Information that is exempt from disclosure or |
11 | | information that shall not be made public under the |
12 | | Illinois Insurance Code. |
13 | | (yy) Information prohibited from being disclosed under |
14 | | the Illinois Educational Labor Relations Act. |
15 | | (zz) Information prohibited from being disclosed under |
16 | | the Illinois Public Labor Relations Act. |
17 | | (aaa) Information prohibited from being disclosed |
18 | | under Section 1-167 of the Illinois Pension Code. |
19 | | (bbb) Information that is exempt from disclosure under |
20 | | subsection (k) of Section 11 of the Equal Pay Act of 2003. |
21 | | (ccc) (bbb) Information that is prohibited from |
22 | | disclosure by the Illinois Police Training Act and the |
23 | | State Police Act. |
24 | | (ddd) Records exempt from disclosure under Section
|
25 | | 2605-304 of the Department of State Police Law of the |
26 | | Civil
Administrative Code of Illinois. |
|
| | HB0562 Enrolled | - 34 - | LRB102 02734 SPS 12886 b |
|
|
1 | | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
2 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. |
3 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, |
4 | | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; |
5 | | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. |
6 | | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, |
7 | | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; |
8 | | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. |
9 | | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, |
10 | | eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; |
11 | | revised 4-21-21.) |
12 | | Section 7. The Gun Trafficking Information Act is amended |
13 | | by changing Section 10-5 as follows: |
14 | | (5 ILCS 830/10-5)
|
15 | | Sec. 10-5. Gun trafficking information.
|
16 | | (a) The Department of State Police shall use all |
17 | | reasonable efforts in making publicly available, on a regular |
18 | | and ongoing
basis, key information related to firearms used in |
19 | | the
commission of crimes in this State, including, but not |
20 | | limited
to: reports on crimes committed with firearms, |
21 | | locations where
the crimes occurred, the number of persons |
22 | | killed or injured in
the commission of the crimes, the state |
23 | | where the firearms used
originated, the Federal Firearms |
24 | | Licensee that sold the firearm, and the type of firearms used , |
|
| | HB0562 Enrolled | - 35 - | LRB102 02734 SPS 12886 b |
|
|
1 | | annual statistical information concerning Firearm Owner's |
2 | | Identification Card and concealed carry license applications, |
3 | | revocations, and compliance with Section 9.5 of the Firearm |
4 | | Owners Identification Card Act, firearm restraining order |
5 | | dispositions, and firearm dealer license certification |
6 | | inspections . The Department
shall make the information |
7 | | available on its
website , which may be presented in a |
8 | | dashboard format , in addition to electronically filing a |
9 | | report with the
Governor and the General Assembly. The report |
10 | | to the General
Assembly shall be filed with the Clerk of the |
11 | | House of
Representatives and the Secretary of the Senate in |
12 | | electronic
form only, in the manner that the Clerk and the |
13 | | Secretary shall
direct.
|
14 | | (b) The Department shall study, on a regular and ongoing |
15 | | basis, and compile reports on the number of Firearm Owner's |
16 | | Identification Card checks to determine firearms trafficking |
17 | | or straw purchase patterns. The Department shall, to the |
18 | | extent not inconsistent with law, share such reports and |
19 | | underlying data with academic centers, foundations, and law |
20 | | enforcement agencies studying firearms trafficking, provided |
21 | | that personally identifying information is protected. For |
22 | | purposes of this subsection (b), a Firearm Owner's |
23 | | Identification Card number is not personally identifying |
24 | | information, provided that no other personal information of |
25 | | the card holder is attached to the record. The Department may |
26 | | create and attach an alternate unique identifying number to |
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1 | | each Firearm Owner's Identification Card number, instead of |
2 | | releasing the Firearm Owner's Identification Card number |
3 | | itself. |
4 | | (c) Each department, office, division, and agency of this
|
5 | | State shall, to the extent not inconsistent with law, |
6 | | cooperate
fully with the Department and furnish the
Department |
7 | | with all relevant information and assistance on a
timely basis |
8 | | as is necessary to accomplish the purpose of this
Act. The |
9 | | Illinois Criminal Justice Information Authority shall submit |
10 | | the information required in subsection (a) of this Section to |
11 | | the Department of State Police, and any other information as |
12 | | the Department may request, to assist the Department in |
13 | | carrying out its duties under this Act.
|
14 | | (Source: P.A. 100-1178, eff. 1-18-19.) |
15 | | Section 10. The Department of State Police Law of the
|
16 | | Civil Administrative Code of Illinois is amended by changing |
17 | | Section 2605-605 and by adding Section 2605-304 as follows: |
18 | | (20 ILCS 2605/2605-304 new) |
19 | | Sec. 2605-304. Prohibited persons portal. |
20 | | (a) Within 90 days after the effective date of this |
21 | | amendatory Act of the 102nd General Assembly, the Illinois |
22 | | State Police shall establish a portal for use by federal, |
23 | | State, or local law enforcement agencies, including Offices of |
24 | | the State's Attorneys and the Office of the Attorney General |
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1 | | to capture a report of persons whose Firearm Owner's |
2 | | Identification Cards have been revoked or suspended. The |
3 | | portal is for law enforcement purposes only. |
4 | | (b) The Illinois State Police shall include in the report |
5 | | the reason the person's Firearm Owner's Identification Card |
6 | | was subject to revocation or suspension, to the extent allowed |
7 | | by law, consistent with Sections 8 and 8.2 of the Firearm |
8 | | Owners Identification Card Act. |
9 | | (c) The Illinois State Police shall indicate whether the |
10 | | person subject to the revocation or suspension of his or her |
11 | | Firearm Owner's Identification Card has surrendered his or her |
12 | | revoked or suspended Firearm Owner's Identification Card and |
13 | | whether the person has completed a Firearm Disposition Record |
14 | | required under Section 9.5 of the Firearm Owners |
15 | | Identification Card Act. The Illinois State Police shall make |
16 | | reasonable efforts to make this information available on the |
17 | | Law Enforcement Agencies Data System (LEADS). |
18 | | (d) The Illinois State Police shall provide updates of |
19 | | information related to an individual's current Firearm Owner's |
20 | | Identification Card revocation or suspension status, including |
21 | | compliance under Section 9.5 of the Firearm Owners |
22 | | Identification Card Act, in the Illinois State Police's Law |
23 | | Enforcement Agencies Data System. |
24 | | (e) Records in this portal are exempt from disclosure |
25 | | under the Freedom of Information Act. |
26 | | (f) The Illinois State Police may adopt rules necessary to |
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1 | | implement this Section. |
2 | | (20 ILCS 2605/2605-605) |
3 | | Sec. 2605-605. Violent Crime Intelligence Task Force. The |
4 | | Director of State Police shall may establish a statewide |
5 | | multi-jurisdictional Violent Crime Intelligence Task Force led |
6 | | by the Department of State Police dedicated to combating gun |
7 | | violence, gun-trafficking, and other violent crime with the |
8 | | primary mission of preservation of life and reducing the |
9 | | occurrence and the fear of crime. The objectives of the Task |
10 | | Force shall include, but not be limited to, reducing and |
11 | | preventing illegal possession and use of firearms, |
12 | | firearm-related homicides, and other violent crimes , and |
13 | | solving firearm-related crimes . |
14 | | (1) The Task Force may develop and acquire information, |
15 | | training, tools, and resources necessary to implement a |
16 | | data-driven approach to policing, with an emphasis on |
17 | | intelligence development. |
18 | | (2) The Task Force may utilize information sharing, |
19 | | partnerships, crime analysis, and evidence-based practices to |
20 | | assist in the reduction of firearm-related shootings, |
21 | | homicides, and gun-trafficking , including, but not limited to, |
22 | | ballistic data, eTrace data, DNA evidence, latent |
23 | | fingerprints, firearm training data, and National Integrated |
24 | | Ballistic Information Network (NIBIN) data. The Task Force may |
25 | | design a model crime gun intelligence strategy which may |
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1 | | include, but is not limited to, comprehensive collection and |
2 | | documentation of all ballistic evidence, timely transfer of |
3 | | NIBIN and eTrace leads to an intelligence center, which may |
4 | | include the Division of Criminal Investigation of the Illinois |
5 | | State Police, timely dissemination of intelligence to |
6 | | investigators, investigative follow-up, and coordinated |
7 | | prosecution . |
8 | | (3) The Task Force may recognize and utilize best |
9 | | practices of community policing and may develop potential |
10 | | partnerships with faith-based and community organizations to |
11 | | achieve its goals. |
12 | | (4) The Task Force may identify and utilize best practices |
13 | | in drug-diversion programs and other community-based services |
14 | | to redirect low-level offenders. |
15 | | (5) The Task Force may assist in violence suppression |
16 | | strategies including, but not limited to, details in |
17 | | identified locations that have shown to be the most prone to |
18 | | gun violence and violent crime, focused deterrence against |
19 | | violent gangs and groups considered responsible for the |
20 | | violence in communities, and other intelligence driven methods |
21 | | deemed necessary to interrupt cycles of violence or prevent |
22 | | retaliation. |
23 | | (6) In consultation with the Chief Procurement Officer, |
24 | | the Department of State Police may obtain contracts for |
25 | | software, commodities, resources, and equipment to assist the |
26 | | Task Force with achieving this Act. Any contracts necessary to |
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1 | | support the delivery of necessary software, commodities, |
2 | | resources, and equipment are not subject to the Illinois |
3 | | Procurement Code, except for Sections 20-60, 20-65, 20-70, and |
4 | | 20-160 and Article 50 of that Code, provided that the Chief |
5 | | Procurement Officer may, in writing with justification, waive |
6 | | any certification required under Article 50 of the Illinois |
7 | | Procurement Code. |
8 | | (7) The Task Force shall conduct enforcement operations
|
9 | | against persons whose Firearm Owner's Identification Cards
|
10 | | have been revoked or suspended and persons who fail to comply
|
11 | | with the requirements of Section 9.5 of the Firearm Owners
|
12 | | Identification Card Act, prioritizing individuals presenting a
|
13 | | clear and present danger to themselves or to others under
|
14 | | paragraph (2) of subsection (d) of Section 8.1 of the Firearm
|
15 | | Owners Identification Card Act. |
16 | | (8) The Task Force shall collaborate with local law
|
17 | | enforcement agencies to enforce provisions of the Firearm
|
18 | | Owners Identification Card Act, the Firearm Concealed Carry
|
19 | | Act, the Firearm Dealer License Certification Act, and Article
|
20 | | 24 of the Criminal Code of 2012. |
21 | | (9) To implement this Section, the Director of the
|
22 | | Illinois State Police may establish intergovernmental
|
23 | | agreements with law enforcement agencies in accordance with |
24 | | the
Intergovernmental Cooperation Act. |
25 | | (10) Law enforcement agencies that participate in
|
26 | | activities described in paragraphs (7) through (9) may apply
|
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1 | | to the Illinois State Police for grants from the State Police
|
2 | | Revocation Enforcement Fund.
|
3 | | (Source: P.A. 100-3, eff. 1-1-18 .) |
4 | | Section 11. The Illinois Criminal Justice Information Act |
5 | | is amended by adding Section 7.9 as follows: |
6 | | (20 ILCS 3930/7.9 new) |
7 | | Sec. 7.9. Firearm Prohibitors and Records Improvement Task |
8 | | Force. |
9 | | (a) As used in this Section, "firearms prohibitor" means |
10 | | any factor listed in Section 4 of the Firearm Owners |
11 | | Identification Card Act or Section 24-3 or 24-3.1 of the |
12 | | Criminal Code of 2012 that prohibits a person from |
13 | | transferring or possessing a firearm, firearm ammunition, |
14 | | Firearm Owner's Identification Card, or concealed carry |
15 | | license. |
16 | | (b) The Firearm Prohibitors and Records Improvement Task |
17 | | Force is created to identify and research all available |
18 | | grants, resources, and revenue that may be applied for and |
19 | | used by all entities responsible for reporting federal and |
20 | | State firearm prohibitors to the Illinois State Police and the |
21 | | National Instant Criminal Background Check System. Under the |
22 | | Firearm Owners Identification Card Act, these reporting |
23 | | entities include, but are not limited to, hospitals, courts, |
24 | | law enforcement and corrections. The Task Force shall identify |
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1 | | weaknesses in reporting and recommend a strategy to direct |
2 | | resources and revenue to ensuring reporting is reliable, |
3 | | accurate, and timely. The Task Force shall inventory all |
4 | | statutorily mandated firearm and gun violence related data |
5 | | collection and reporting requirements, along with the agency |
6 | | responsible for collecting that data, and identify gaps in |
7 | | those requirements. The Task Force shall submit a coordinated |
8 | | application with and through the Illinois Criminal Justice |
9 | | Information Authority for federal funds from the National |
10 | | Criminal History Improvement Program and the NICS Acts Record |
11 | | Improvement Program.
The Firearm Prohibitors and Records |
12 | | Improvement Task Force shall be comprised of the following |
13 | | members, all of whom shall serve without compensation: |
14 | | (1) the Executive Director of the Illinois Criminal |
15 | | Justice Information Authority, who shall serve as Chair; |
16 | | (2) the Director of the Illinois State Police, or his |
17 | | or her designee; |
18 | | (3) the Secretary of Human Services, or his or her |
19 | | designee; |
20 | | (4) the Director of Corrections, or his or her |
21 | | designee; |
22 | | (5) the Attorney General, or his or her designee; |
23 | | (6) the Director of the Administrative Office of the |
24 | | Illinois Courts, or his or her designee; |
25 | | (7) a representative of an association representing |
26 | | circuit clerks appointed by the President of the Senate; |
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1 | | (8) a representative of an association representing |
2 | | sheriffs appointed by the House Minority Leader; |
3 | | (9) a representative of an association representing |
4 | | State's Attorneys appointed by the House Minority Leader; |
5 | | (10) a representative of an association representing |
6 | | chiefs of police appointed by the Senate Minority Leader; |
7 | | (11) a representative of an association representing |
8 | | hospitals appointed by the Speaker of the House of |
9 | | Representatives; |
10 | | (12) a representative of an association representing |
11 | | counties appointed by the President of the Senate; and |
12 | | (13) a representative of an association representing |
13 | | municipalities appointed by the Speaker of the House of |
14 | | Representatives. |
15 | | (c)
The Illinois Criminal Justice Information Authority |
16 | | shall provide administrative and other support to the Task |
17 | | Force. The Illinois State Police Division of Justice Services |
18 | | shall also provide support to the Illinois Criminal Justice |
19 | | Information Authority and the Task Force. |
20 | | (d) The Task Force may meet in person or virtually and |
21 | | shall issue a written report of its findings and |
22 | | recommendations to General Assembly on or before July 1, 2022. |
23 | | The Task Force shall issue an annual report, which shall |
24 | | include information on the state of FOID data, including a |
25 | | review of previous activity by the Task Force to close |
26 | | previously identified gaps; identifying known (or new) gaps; a |
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1 | | proposal of policy and practice recommendations to close those |
2 | | gaps; and a preview of expected activities of the Task Force |
3 | | for the coming year. |
4 | | (e) Within 60 days of the effective date of this |
5 | | amendatory Act of the 102nd General Assembly, the Chair shall |
6 | | establish the Task Force. |
7 | | (f) This Section is repealed on July 1, 2027. |
8 | | Section 15. The State Finance Act is amended by changing |
9 | | 6z-99 and by adding Sections 5.938 and 6z-125 as follows: |
10 | | (30 ILCS 105/5.938 new) |
11 | | Sec. 5.938. The State Police Revocation Enforcement Fund. |
12 | | (30 ILCS 105/6z-99) |
13 | | Sec. 6z-99. The Mental Health Reporting Fund. |
14 | | (a) There is created in the State treasury a special fund |
15 | | known as the Mental Health Reporting Fund. The Fund shall |
16 | | receive revenue under the Firearm Concealed Carry Act. The |
17 | | Fund may also receive revenue from grants, pass-through |
18 | | grants, donations, appropriations, and any other legal source. |
19 | | (b) The Department of State Police and Department of Human |
20 | | Services shall coordinate to use moneys in the Fund to finance |
21 | | their respective duties of collecting and reporting data on |
22 | | mental health records and ensuring that mental health firearm |
23 | | possession prohibitors are enforced as set forth under the |
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1 | | Firearm Concealed Carry Act and the Firearm Owners |
2 | | Identification Card Act. Any surplus in the Fund beyond what |
3 | | is necessary to ensure compliance with mental health reporting |
4 | | under these Acts shall be used by the Department of Human |
5 | | Services for mental health treatment programs as follows: (1) |
6 | | 50% shall be used to fund
community-based mental health |
7 | | programs aimed at reducing gun
violence, community integration |
8 | | and education, or mental
health awareness and prevention, |
9 | | including administrative
costs; and (2) 50% shall be used to |
10 | | award grants that use and
promote the National School Mental |
11 | | Health Curriculum model for
school-based mental health |
12 | | support, integration, and services . |
13 | | (c) Investment income that is attributable to the |
14 | | investment of moneys in the Fund shall be retained in the Fund |
15 | | for the uses specified in this Section.
|
16 | | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) |
17 | | (30 ILCS 105/6z-125 new) |
18 | | Sec. 6z-125. State Police Revocation Enforcement Fund. |
19 | | (a) The State Police Revocation Enforcement Fund is |
20 | | established as a special fund in the State treasury. This Fund |
21 | | is established to receive moneys from the Firearm Owners |
22 | | Identification Card Act to enforce that Act, the Firearm |
23 | | Concealed Carry Act, Article 24 of the Criminal Code of 2012, |
24 | | and other firearm offenses. The Fund may also receive revenue |
25 | | from grants, donations, appropriations, and any other legal |
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1 | | source. |
2 | | (b) The Illinois State Police may use moneys from the Fund |
3 | | to establish task forces and, if necessary, include other law |
4 | | enforcement agencies, under intergovernmental contracts |
5 | | written and executed in conformity with the Intergovernmental |
6 | | Cooperation Act. |
7 | | (c) The Illinois State Police may use moneys in the Fund to |
8 | | hire and train State Police officers and prevention of violent |
9 | | crime. |
10 | | (d) The State Police Revocation Enforcement Fund is not |
11 | | subject to administrative chargebacks. |
12 | | (e) Law enforcement agencies that participate in Firearm |
13 | | Owner's Identification Card revocation enforcement in the |
14 | | Violent Crime Intelligence Task Force may apply for grants |
15 | | from the Illinois State Police.
|
16 | | Section 16. The Intergovernmental Drug Laws Enforcement |
17 | | Act is amended by changing Section 3 as follows:
|
18 | | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
|
19 | | Sec. 3.
A Metropolitan Enforcement Group which meets the |
20 | | minimum
criteria established in this Section is eligible to |
21 | | receive State grants
to help defray the costs of operation. To |
22 | | be eligible a MEG must:
|
23 | | (1) Be established and operating pursuant to |
24 | | intergovernmental
contracts written and executed in |
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1 | | conformity with the Intergovernmental
Cooperation Act, and |
2 | | involve 2 or more units of local government.
|
3 | | (2) Establish a MEG Policy Board composed of an |
4 | | elected official, or
his designee, and the chief law |
5 | | enforcement officer, or his designee,
from each |
6 | | participating unit of local government to oversee the
|
7 | | operations of the MEG and make such reports to the |
8 | | Department of State
Police as the Department may require.
|
9 | | (3) Designate a single appropriate elected official of |
10 | | a
participating unit of local government to act as the |
11 | | financial officer
of the MEG for all participating units |
12 | | of local government and to
receive funds for the operation |
13 | | of the MEG.
|
14 | | (4) Limit its operations to enforcement of drug laws; |
15 | | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, |
16 | | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, |
17 | | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, |
18 | | 24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections
|
19 | | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), |
20 | | 24-1(a)(10), and 24-1(c) of the
Criminal Code of 2012; |
21 | | Sections 2, 3, 6.1, 14 of the Firearm Owners |
22 | | Identification Card Act; and the investigation of |
23 | | streetgang related offenses.
|
24 | | (5) Cooperate with the Department of State Police in |
25 | | order to
assure compliance with this Act and to enable the |
26 | | Department to fulfill
its duties under this Act, and |
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1 | | supply the Department with all
information the Department |
2 | | deems necessary therefor.
|
3 | | (6) Receive funding of at least 50% of the total |
4 | | operating budget of
the MEG from the participating units |
5 | | of local government.
|
6 | | (Source: P.A. 97-1150, eff. 1-25-13.)
|
7 | | Section 20. The Firearm Owners Identification Card Act is |
8 | | amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3, |
9 | | 9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, |
10 | | 8.5, and 13.4 as follows:
|
11 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
|
12 | | Sec. 1.1. For purposes of this Act:
|
13 | | "Addicted to narcotics" means a person who has been: |
14 | | (1) convicted of an offense involving the use or |
15 | | possession of cannabis, a controlled substance, or |
16 | | methamphetamine within the past year; or |
17 | | (2) determined by the Department of State Police to be |
18 | | addicted to narcotics based upon federal law or federal |
19 | | guidelines. |
20 | | "Addicted to narcotics" does not include possession or use |
21 | | of a prescribed controlled substance under the direction and |
22 | | authority of a physician or other person authorized to |
23 | | prescribe the controlled substance when the controlled |
24 | | substance is used in the prescribed manner. |
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1 | | "Adjudicated as a person with a mental disability" means |
2 | | the person is the subject of a determination by a court, board, |
3 | | commission or other lawful authority that the person, as a |
4 | | result of marked subnormal intelligence, or mental illness, |
5 | | mental impairment, incompetency, condition, or disease: |
6 | | (1) presents a clear and present danger to himself, |
7 | | herself, or to others; |
8 | | (2) lacks the mental capacity to manage his or her own |
9 | | affairs or is adjudicated a person with a disability as |
10 | | defined in Section 11a-2 of the Probate Act of 1975; |
11 | | (3) is not guilty in a criminal case by reason of |
12 | | insanity, mental disease or defect; |
13 | | (3.5) is guilty but mentally ill, as provided in |
14 | | Section 5-2-6 of the Unified Code of Corrections; |
15 | | (4) is incompetent to stand trial in a criminal case; |
16 | | (5) is not guilty by reason of lack of mental |
17 | | responsibility under Articles 50a and 72b of the Uniform |
18 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
|
19 | | (6) is a sexually violent person under subsection (f) |
20 | | of Section 5 of the Sexually Violent Persons Commitment |
21 | | Act; |
22 | | (7) is a sexually dangerous person under the Sexually |
23 | | Dangerous Persons Act; |
24 | | (8) is unfit to stand trial under the Juvenile Court |
25 | | Act of 1987; |
26 | | (9) is not guilty by reason of insanity under the |
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1 | | Juvenile Court Act of 1987; |
2 | | (10) is subject to involuntary admission as an |
3 | | inpatient as defined in Section 1-119 of the Mental Health |
4 | | and Developmental Disabilities Code; |
5 | | (11) is subject to involuntary admission as an |
6 | | outpatient as defined in Section 1-119.1 of the Mental |
7 | | Health and Developmental Disabilities Code; |
8 | | (12) is subject to judicial admission as set forth in |
9 | | Section 4-500 of the Mental Health and Developmental |
10 | | Disabilities Code; or |
11 | | (13) is subject to the provisions of the Interstate |
12 | | Agreements on Sexually Dangerous Persons Act. |
13 | | "Clear and present danger" means a person who: |
14 | | (1) communicates a serious threat of physical violence |
15 | | against a reasonably identifiable victim or poses a clear |
16 | | and imminent risk of serious physical injury to himself, |
17 | | herself, or another person as determined by a physician, |
18 | | clinical psychologist, or qualified examiner; or |
19 | | (2) demonstrates threatening physical or verbal |
20 | | behavior, such as violent, suicidal, or assaultive |
21 | | threats, actions, or other behavior, as determined by a |
22 | | physician, clinical psychologist, qualified examiner, |
23 | | school administrator, or law enforcement official. |
24 | | "Clinical psychologist" has the meaning provided in |
25 | | Section 1-103 of the Mental Health and Developmental |
26 | | Disabilities Code. |
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1 | | "Controlled substance" means a controlled substance or |
2 | | controlled substance analog as defined in the Illinois |
3 | | Controlled Substances Act. |
4 | | "Counterfeit" means to copy or imitate, without legal |
5 | | authority, with
intent
to deceive. |
6 | | "Federally licensed firearm dealer" means a person who is |
7 | | licensed as a federal firearms dealer under Section 923 of the |
8 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
|
9 | | "Firearm" means any device, by
whatever name known, which |
10 | | is designed to expel a projectile or projectiles
by the action |
11 | | of an explosion, expansion of gas or escape of gas; excluding,
|
12 | | however:
|
13 | | (1) any pneumatic gun, spring gun, paint ball gun, or |
14 | | B-B gun which
expels a single globular projectile not |
15 | | exceeding .18 inch in
diameter or which has a maximum |
16 | | muzzle velocity of less than 700 feet
per second;
|
17 | | (1.1) any pneumatic gun, spring gun, paint ball gun, |
18 | | or B-B gun which expels breakable paint balls containing |
19 | | washable marking colors; |
20 | | (2) any device used exclusively for signalling or |
21 | | safety and required or
recommended by the United States |
22 | | Coast Guard or the Interstate Commerce
Commission;
|
23 | | (3) any device used exclusively for the firing of stud |
24 | | cartridges,
explosive rivets or similar industrial |
25 | | ammunition; and
|
26 | | (4) an antique firearm (other than a machine-gun) |
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1 | | which, although
designed as a weapon, the Department of |
2 | | State Police finds by reason of
the date of its |
3 | | manufacture, value, design, and other characteristics is
|
4 | | primarily a collector's item and is not likely to be used |
5 | | as a weapon.
|
6 | | "Firearm ammunition" means any self-contained cartridge or |
7 | | shotgun
shell, by whatever name known, which is designed to be |
8 | | used or adaptable to
use in a firearm; excluding, however:
|
9 | | (1) any ammunition exclusively designed for use with a |
10 | | device used
exclusively for signalling or safety and |
11 | | required or recommended by the
United States Coast Guard |
12 | | or the Interstate Commerce Commission; and
|
13 | | (2) any ammunition designed exclusively for use with a |
14 | | stud or rivet
driver or other similar industrial |
15 | | ammunition. |
16 | | "Gun show" means an event or function: |
17 | | (1) at which the sale and transfer of firearms is the |
18 | | regular and normal course of business and where 50 or more |
19 | | firearms are displayed, offered, or exhibited for sale, |
20 | | transfer, or exchange; or |
21 | | (2) at which not less than 10 gun show vendors |
22 | | display, offer, or exhibit for sale, sell, transfer, or |
23 | | exchange firearms.
|
24 | | "Gun show" includes the entire premises provided for an |
25 | | event or function, including parking areas for the event or |
26 | | function, that is sponsored to facilitate the purchase, sale, |
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1 | | transfer, or exchange of firearms as described in this |
2 | | Section.
Nothing in this definition shall be construed to |
3 | | exclude a gun show held in conjunction with competitive |
4 | | shooting events at the World Shooting Complex sanctioned by a |
5 | | national governing body in which the sale or transfer of |
6 | | firearms is authorized under subparagraph (5) of paragraph (g) |
7 | | of subsection (A) of Section 24-3 of the Criminal Code of 2012. |
8 | | Unless otherwise expressly stated, "gun show" does not |
9 | | include training or safety classes, competitive shooting |
10 | | events, such as rifle, shotgun, or handgun matches, trap, |
11 | | skeet, or sporting clays shoots, dinners, banquets, raffles, |
12 | | or
any other event where the sale or transfer of firearms is |
13 | | not the primary course of business. |
14 | | "Gun show promoter" means a person who organizes or |
15 | | operates a gun show. |
16 | | "Gun show vendor" means a person who exhibits, sells, |
17 | | offers for sale, transfers, or exchanges any firearms at a gun |
18 | | show, regardless of whether the person arranges with a gun |
19 | | show promoter for a fixed location from which to exhibit, |
20 | | sell, offer for sale, transfer, or exchange any firearm. |
21 | | "Involuntarily admitted" has the meaning as prescribed in |
22 | | Sections 1-119 and 1-119.1 of the Mental Health and |
23 | | Developmental Disabilities Code. |
24 | | "Mental health facility" means any licensed private |
25 | | hospital or hospital affiliate, institution, or facility, or |
26 | | part thereof, and any facility, or part thereof, operated by |
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1 | | the State or a political subdivision thereof which provide |
2 | | treatment of persons with mental illness and includes all |
3 | | hospitals, institutions, clinics, evaluation facilities, |
4 | | mental health centers, colleges, universities, long-term care |
5 | | facilities, and nursing homes, or parts thereof, which provide |
6 | | treatment of persons with mental illness whether or not the |
7 | | primary purpose is to provide treatment of persons with mental |
8 | | illness. |
9 | | "National governing body" means a group of persons who |
10 | | adopt rules and formulate policy on behalf of a national |
11 | | firearm sporting organization. |
12 | | "Patient" means: |
13 | | (1) a person who is admitted as an inpatient or |
14 | | resident of a public or private mental health facility for |
15 | | mental health treatment under Chapter III of the Mental |
16 | | Health and Developmental Disabilities Code as an informal |
17 | | admission, a voluntary admission, a minor admission, an |
18 | | emergency admission, or an involuntary admission, unless |
19 | | the treatment was solely for an alcohol abuse disorder; or |
20 | | (2) a person who voluntarily or involuntarily receives |
21 | | mental health treatment as an out-patient or is otherwise |
22 | | provided services by a public or private mental health |
23 | | facility, and who poses a clear and present danger to |
24 | | himself, herself, or to others. |
25 | | "Person with a developmental disability" means a person |
26 | | with a disability which is attributable to any other condition |
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1 | | which results in impairment similar to that caused by an |
2 | | intellectual disability and which requires services similar to |
3 | | those required by persons with intellectual disabilities. The |
4 | | disability must originate before the age of 18
years, be |
5 | | expected to continue indefinitely, and constitute a |
6 | | substantial disability. This disability results, in the |
7 | | professional opinion of a physician, clinical psychologist, or |
8 | | qualified examiner, in significant functional limitations in 3 |
9 | | or more of the following areas of major life activity: |
10 | | (i) self-care; |
11 | | (ii) receptive and expressive language; |
12 | | (iii) learning; |
13 | | (iv) mobility; or |
14 | | (v) self-direction. |
15 | | "Person with an intellectual disability" means a person |
16 | | with a significantly subaverage general intellectual |
17 | | functioning which exists concurrently with impairment in |
18 | | adaptive behavior and which originates before the age of 18 |
19 | | years. |
20 | | "Physician" has the meaning as defined in Section 1-120 of |
21 | | the Mental Health and Developmental Disabilities Code. |
22 | | "Protective order" means any orders of protection issued |
23 | | under the Illinois Domestic Violence Act of 1986, stalking no |
24 | | contact orders issued under the Stalking No Contact Order Act, |
25 | | civil no contact orders issued under the Civil No Contact |
26 | | Order Act, and firearms restraining orders issued under the |
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1 | | Firearms Restraining Order Act. |
2 | | "Qualified examiner" has the meaning provided in Section |
3 | | 1-122 of the Mental Health and Developmental Disabilities |
4 | | Code. |
5 | | "Sanctioned competitive shooting event" means a shooting |
6 | | contest officially recognized by a national or state shooting |
7 | | sport association, and includes any sight-in or practice |
8 | | conducted in conjunction with the event.
|
9 | | "School administrator" means the person required to report |
10 | | under the School Administrator Reporting of Mental Health |
11 | | Clear and Present Danger Determinations Law. |
12 | | "Stun gun or taser" has the meaning ascribed to it in |
13 | | Section 24-1 of the Criminal Code of 2012. |
14 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
15 | | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .) |
16 | | (430 ILCS 65/3) (from Ch. 38, par. 83-3) |
17 | | Sec. 3. (a) Except as provided in Section 3a, no person may |
18 | | knowingly
transfer, or cause to be transferred, any firearm, |
19 | | firearm ammunition, stun gun, or taser to any person within |
20 | | this State unless the
transferee with whom he deals displays |
21 | | either: (1) a currently valid Firearm Owner's
Identification |
22 | | Card which has previously been issued in his or her name by the
|
23 | | Department of State Police under the provisions of this Act; |
24 | | or (2) a currently valid license to carry a concealed firearm |
25 | | which has previously been issued in his or her name by the
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1 | | Department of State Police under the Firearm Concealed Carry |
2 | | Act. In addition,
all firearm, stun gun, and taser transfers |
3 | | by federally licensed firearm dealers are subject
to Section |
4 | | 3.1. |
5 | | (a-5) Any person who is not a federally licensed firearm |
6 | | dealer and who desires to transfer or sell a firearm while that |
7 | | person is on the grounds of a gun show must, before selling or |
8 | | transferring the firearm, request the Department of State |
9 | | Police to conduct a background check on the prospective |
10 | | recipient of the firearm in accordance with Section 3.1.
|
11 | | (a-10) Notwithstanding item (2) of subsection (a) of this |
12 | | Section, any person who is not a federally licensed firearm |
13 | | dealer and who desires to transfer or sell a firearm or |
14 | | firearms to any person who is not a federally licensed firearm |
15 | | dealer shall, before selling or transferring the firearms, |
16 | | contact a federal firearm license dealer under paragraph (1) |
17 | | of subsection (a-15) of this Section to conduct the transfer |
18 | | or the Illinois Department of State Police with the |
19 | | transferee's or purchaser's Firearm Owner's Identification |
20 | | Card number to determine the validity of the transferee's or |
21 | | purchaser's Firearm Owner's Identification Card under State |
22 | | and federal law including the National Instant Criminal |
23 | | Background Check System . This subsection shall not be |
24 | | effective until January 1, 2024. Until that date the |
25 | | transferor shall contact the Illinois State Police with the |
26 | | transferee's or purchaser's Firearm Owner's Identification |
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1 | | Card number to determine the validity of the card 2014 . The |
2 | | Department of State Police may adopt rules concerning the |
3 | | implementation of this subsection. The Department of State |
4 | | Police shall provide the seller or transferor an approval |
5 | | number if the purchaser's Firearm Owner's Identification Card |
6 | | is valid. Approvals issued by the Department for the purchase |
7 | | of a firearm pursuant to this subsection are valid for 30 days |
8 | | from the date of issue. |
9 | | (a-15) The provisions of subsection (a-10) of this Section |
10 | | do not apply to: |
11 | | (1) transfers that occur at the place of business of a |
12 | | federally licensed firearm dealer, if the federally |
13 | | licensed firearm dealer conducts a background check on the |
14 | | prospective recipient of the firearm in accordance with |
15 | | Section 3.1 of this Act and follows all other applicable |
16 | | federal, State, and local laws as if he or she were the |
17 | | seller or transferor of the firearm, although the dealer |
18 | | is not required to accept the firearm into his or her |
19 | | inventory. The purchaser or transferee may be required by |
20 | | the federally licensed firearm dealer to pay a fee not to |
21 | | exceed $25 $10 per firearm, which the dealer may retain as |
22 | | compensation for performing the functions required under |
23 | | this paragraph, plus the applicable fees authorized by |
24 | | Section 3.1; |
25 | | (2) transfers as a bona fide gift to the transferor's |
26 | | husband, wife, son, daughter, stepson, stepdaughter, |
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1 | | father, mother, stepfather, stepmother, brother, sister, |
2 | | nephew, niece, uncle, aunt, grandfather, grandmother, |
3 | | grandson, granddaughter, father-in-law, mother-in-law, |
4 | | son-in-law, or daughter-in-law; |
5 | | (3) transfers by persons acting pursuant to operation |
6 | | of law or a court order; |
7 | | (4) transfers on the grounds of a gun show under |
8 | | subsection (a-5) of this Section; |
9 | | (5) the delivery of a firearm by its owner to a |
10 | | gunsmith for service or repair, the return of the firearm |
11 | | to its owner by the gunsmith, or the delivery of a firearm |
12 | | by a gunsmith to a federally licensed firearms dealer for |
13 | | service or repair and the return of the firearm to the |
14 | | gunsmith; |
15 | | (6) temporary transfers that occur while in the home |
16 | | of the unlicensed transferee, if the unlicensed transferee |
17 | | is not otherwise prohibited from possessing firearms and |
18 | | the unlicensed transferee reasonably believes that |
19 | | possession of the firearm is necessary to prevent imminent |
20 | | death or great bodily harm to the unlicensed transferee; |
21 | | (7) transfers to a law enforcement or corrections |
22 | | agency or a law enforcement or corrections officer acting |
23 | | within the course and scope of his or her official duties; |
24 | | (8) transfers of firearms that have been rendered |
25 | | permanently inoperable to a nonprofit historical society, |
26 | | museum, or institutional collection; and |
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1 | | (9) transfers to a person who is exempt from the |
2 | | requirement of possessing a Firearm Owner's Identification |
3 | | Card under Section 2 of this Act. |
4 | | (a-20) The Illinois Department of State Police shall |
5 | | develop an Internet-based system for individuals to determine |
6 | | the validity of a Firearm Owner's Identification Card prior to |
7 | | the sale or transfer of a firearm. The Department shall have |
8 | | the Internet-based system updated completed and available for |
9 | | use by January 1, 2024 July 1, 2015 . The Illinois State Police |
10 | | Department shall adopt rules not inconsistent with this |
11 | | Section to implement this system ; but no rule shall allow the |
12 | | Illinois State Police to retain records in contravention of |
13 | | State and federal law . |
14 | | (a-25) On or before January 1, 2022, the Illinois State |
15 | | Police shall develop an Internet-based system upon which the |
16 | | serial numbers of firearms that have been reported stolen are |
17 | | available for public access for individuals to ensure any |
18 | | firearms are not reported stolen prior to the sale or transfer |
19 | | of a firearm under this Section. The Illinois State Police |
20 | | shall have the Internet-based system completed and available |
21 | | for use by July 1, 2022. The Department shall adopt rules not |
22 | | inconsistent with this Section to implement this system. |
23 | | (b) Any person within this State who transfers or causes |
24 | | to be
transferred any firearm, stun gun, or taser shall keep a |
25 | | record of such transfer for a period
of 10 years from the date |
26 | | of transfer. Any person within this State who receives any |
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1 | | firearm, stun gun, or taser pursuant to subsection (a-10) |
2 | | shall provide a record of the transfer within 10 days of the |
3 | | transfer to a federally licensed firearm dealer and shall not |
4 | | be required to maintain a transfer record. The federally |
5 | | licensed firearm dealer shall maintain the transfer record for |
6 | | 20 years from date of receipt. A federally licensed firearm |
7 | | dealer may charge a fee not to exceed $25 to retain the record. |
8 | | The record shall be provided and maintained in either an |
9 | | electronic or paper format. The federally licensed firearm |
10 | | dealer shall not be liable for the accuracy of any information |
11 | | in the transfer record submitted pursuant to this Section. |
12 | | Such records record shall contain the date
of the transfer; |
13 | | the description, serial number or other information
|
14 | | identifying the firearm, stun gun, or taser if no serial |
15 | | number is available; and, if the
transfer was completed within |
16 | | this State, the transferee's Firearm Owner's
Identification |
17 | | Card number and any approval number or documentation provided |
18 | | by the Department of State Police pursuant to subsection |
19 | | (a-10) of this Section; if the transfer was not completed |
20 | | within this State, the record shall contain the name and |
21 | | address of the transferee. On or after January 1, 2006, the |
22 | | record shall contain the date of application for transfer of |
23 | | the firearm. On demand of a peace officer such transferor |
24 | | shall produce for inspection such record of transfer. For any |
25 | | transfer pursuant to subsection (a-10) of this Section, on the |
26 | | demand of a peace officer, such transferee shall identify the |
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1 | | federally licensed firearm dealer maintaining the transfer |
2 | | record. If the transfer or sale took place at a gun show, the |
3 | | record shall include the unique identification number. Failure |
4 | | to record the unique identification number or approval number |
5 | | is a petty offense.
For transfers of a firearm, stun gun, or |
6 | | taser made on or after the effective date of this amendatory |
7 | | Act of the 100th General Assembly, failure by the private |
8 | | seller to maintain the transfer records in accordance with |
9 | | this Section , or failure by a transferee pursuant to |
10 | | subsection a-10 of this Section to identify the federally |
11 | | licensed firearm dealer maintaining the transfer record, is a |
12 | | Class A misdemeanor for the first offense and a Class 4 felony |
13 | | for a second or subsequent offense occurring within 10 years |
14 | | of the first offense and the second offense was committed |
15 | | after conviction of the first offense. Whenever any person who |
16 | | has not previously been convicted of any violation of |
17 | | subsection (a-5), the court may grant supervision pursuant to |
18 | | and consistent with the limitations of Section 5-6-1 of the |
19 | | Unified Code of Corrections . A transferee or transferor shall |
20 | | not be criminally liable under this Section provided that he |
21 | | or she provides the Department of State Police with the |
22 | | transfer records in accordance with procedures established by |
23 | | the Department. The Department shall establish, by rule, a |
24 | | standard form on its website. |
25 | | (b-5) Any resident may purchase ammunition from a person |
26 | | within or outside of Illinois if shipment is by United States |
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1 | | mail or by a private express carrier authorized by federal law |
2 | | to ship ammunition. Any resident purchasing ammunition within |
3 | | or outside the State of Illinois must provide the seller with a |
4 | | copy of his or her valid Firearm Owner's Identification Card |
5 | | or valid concealed carry license and either his or her |
6 | | Illinois driver's license or Illinois State Identification |
7 | | Card prior to the shipment of the ammunition. The ammunition |
8 | | may be shipped only to an address on either of those 2 |
9 | | documents. |
10 | | (c) The provisions of this Section regarding the transfer |
11 | | of firearm
ammunition shall not apply to those persons |
12 | | specified in paragraph (b) of
Section 2 of this Act. |
13 | | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
|
14 | | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
|
15 | | Sec. 3.1. Firearm Transfer Inquiry Program Dial up system . |
16 | | (a) The Department of State Police shall provide
a dial up |
17 | | telephone system or utilize other existing technology which |
18 | | shall be used by any federally licensed
firearm dealer, gun |
19 | | show promoter, or gun show vendor who is to transfer a firearm, |
20 | | stun gun, or taser under the provisions of this
Act. The |
21 | | Department of State Police may utilize existing technology |
22 | | which
allows the caller to be charged a fee not to exceed $2. |
23 | | Fees collected by the Department of
State Police shall be |
24 | | deposited in the State Police Firearm Services Fund and used
|
25 | | to provide the service.
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1 | | (b) Upon receiving a request from a federally licensed |
2 | | firearm dealer, gun show promoter, or gun show vendor, the
|
3 | | Department of State Police shall immediately approve, or |
4 | | within the time
period established by Section 24-3 of the |
5 | | Criminal Code of 2012 regarding
the delivery of firearms, stun |
6 | | guns, and tasers notify the inquiring dealer, gun show |
7 | | promoter, or gun show vendor of any objection that
would |
8 | | disqualify the transferee from acquiring or possessing a |
9 | | firearm, stun gun, or taser. In
conducting the inquiry, the |
10 | | Department of State Police shall initiate and
complete an |
11 | | automated search of its criminal history record information
|
12 | | files and those of the Federal Bureau of Investigation, |
13 | | including the
National Instant Criminal Background Check |
14 | | System, and of the files of
the Department of Human Services |
15 | | relating to mental health and
developmental disabilities to |
16 | | obtain
any felony conviction or patient hospitalization |
17 | | information which would
disqualify a person from obtaining or |
18 | | require revocation of a currently
valid Firearm Owner's |
19 | | Identification Card. |
20 | | (b-5) By January 1, 2023, the Illinois State Police shall |
21 | | by rule provide a process for the automatic renewal of the |
22 | | Firearm Owner's Identification Card of a person at the time of |
23 | | an inquiry in subsection (b). Persons eligible for this |
24 | | process must have a set of fingerprints on file with their |
25 | | application under either subsection (a-25) of Section 4 or the |
26 | | Firearm Concealed Carry Act. |
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1 | | (c) If receipt of a firearm would not violate Section 24-3 |
2 | | of the Criminal Code of 2012, federal law, or this Act the |
3 | | Department of State Police shall: |
4 | | (1) assign a unique identification number to the |
5 | | transfer; and |
6 | | (2) provide the licensee, gun show promoter, or gun |
7 | | show vendor with the number. |
8 | | (d) Approvals issued by the Department of State Police for |
9 | | the purchase of a firearm are valid for 30 days from the date |
10 | | of issue.
|
11 | | (e) (1) The Department of State Police must act as the |
12 | | Illinois Point of Contact
for the National Instant Criminal |
13 | | Background Check System. |
14 | | (2) The Department of State Police and the Department of |
15 | | Human Services shall, in accordance with State and federal law |
16 | | regarding confidentiality, enter into a memorandum of |
17 | | understanding with the Federal Bureau of Investigation for the |
18 | | purpose of implementing the National Instant Criminal |
19 | | Background Check System in the State. The Department of State |
20 | | Police shall report the name, date of birth, and physical |
21 | | description of any person prohibited from possessing a firearm |
22 | | pursuant to the Firearm Owners Identification Card Act or 18 |
23 | | U.S.C. 922(g) and (n) to the National Instant Criminal |
24 | | Background Check System Index, Denied Persons Files.
|
25 | | (3) The Department of State Police shall provide notice of |
26 | | the disqualification of a person under subsection (b) of this |
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1 | | Section or the revocation of a person's Firearm Owner's |
2 | | Identification Card under Section 8 or Section 8.2 of this |
3 | | Act, and the reason for the disqualification or revocation, to |
4 | | all law enforcement agencies with jurisdiction to assist with |
5 | | the seizure of the person's Firearm Owner's Identification |
6 | | Card. |
7 | | (f) The Department of State Police shall adopt rules not |
8 | | inconsistent with this Section to implement this
system.
|
9 | | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
|
10 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
|
11 | | Sec. 4. Application for Firearm Owner's Identification |
12 | | Cards. |
13 | | (a) Each applicant for a Firearm Owner's Identification |
14 | | Card must:
|
15 | | (1) Submit an Make application as on blank forms |
16 | | prepared and furnished at convenient
locations throughout |
17 | | the State by the Department of State Police, or by
|
18 | | electronic means, if and when made available by the |
19 | | Illinois Department of State
Police; and
|
20 | | (2) Submit evidence to the Department of State Police |
21 | | that:
|
22 | | (i) This subparagraph (i) applies through the |
23 | | 180th day following the effective date of this |
24 | | amendatory Act of the 101st General Assembly. He or |
25 | | she is 21 years of age or over, or if he or she is |
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1 | | under 21
years of age that he or she has the written |
2 | | consent of his or her parent or
legal guardian to |
3 | | possess and acquire firearms and firearm ammunition |
4 | | and that
he or she has never been convicted of a |
5 | | misdemeanor other than a traffic
offense or adjudged
|
6 | | delinquent, provided, however, that such parent or |
7 | | legal guardian is not an
individual prohibited from |
8 | | having a Firearm Owner's Identification Card and
files |
9 | | an affidavit with the Department as prescribed by the |
10 | | Department
stating that he or she is not an individual |
11 | | prohibited from having a Card; |
12 | | (i-5) This subparagraph (i-5) applies on and after |
13 | | the 181st day following the effective date of this |
14 | | amendatory Act of the 101st General Assembly. He or |
15 | | she is 21 years of age or over, or if he or she is |
16 | | under 21
years of age that he or she has never been |
17 | | convicted of a misdemeanor other than a traffic |
18 | | offense or adjudged delinquent and is an active duty |
19 | | member of the United States Armed Forces or has the |
20 | | written consent of his or her parent or
legal guardian |
21 | | to possess and acquire firearms and firearm |
22 | | ammunition, provided, however, that such parent or |
23 | | legal guardian is not an
individual prohibited from |
24 | | having a Firearm Owner's Identification Card and
files |
25 | | an affidavit with the Department as prescribed by the |
26 | | Department
stating that he or she is not an individual |
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1 | | prohibited from having a Card or the active duty |
2 | | member of the United States Armed Forces under 21 |
3 | | years of age annually submits proof to the Department |
4 | | of State Police, in a manner prescribed by the |
5 | | Department;
|
6 | | (ii) He or she has not been convicted of a felony |
7 | | under the laws of
this or any other jurisdiction;
|
8 | | (iii) He or she is not addicted to narcotics;
|
9 | | (iv) He or she has not been a patient in a mental |
10 | | health facility within
the past 5 years or, if he or |
11 | | she has been a patient in a mental health facility more |
12 | | than 5 years ago submit the certification required |
13 | | under subsection (u) of Section 8 of this Act;
|
14 | | (v) He or she is not a person with an intellectual |
15 | | disability;
|
16 | | (vi) He or she is not an alien who is unlawfully |
17 | | present in the
United States under the laws of the |
18 | | United States;
|
19 | | (vii) He or she is not subject to an existing order |
20 | | of protection
prohibiting him or her from possessing a |
21 | | firearm;
|
22 | | (viii) He or she has not been convicted within the |
23 | | past 5 years of
battery, assault, aggravated assault, |
24 | | violation of an order of
protection, or a |
25 | | substantially similar offense in another jurisdiction, |
26 | | in
which a firearm was used or possessed;
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1 | | (ix) He or she has not been convicted of domestic |
2 | | battery, aggravated domestic battery, or a
|
3 | | substantially similar offense in another
jurisdiction |
4 | | committed before, on or after January 1, 2012 (the |
5 | | effective date of Public Act 97-158). If the applicant |
6 | | knowingly and intelligently waives the right to have |
7 | | an offense described in this clause (ix) tried by a |
8 | | jury, and by guilty plea or otherwise, results in a |
9 | | conviction for an offense in which a domestic |
10 | | relationship is not a required element of the offense |
11 | | but in which a determination of the applicability of |
12 | | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of |
13 | | the Code of Criminal Procedure of 1963, an entry by the |
14 | | court of a judgment of conviction for that offense |
15 | | shall be grounds for denying the issuance of a Firearm |
16 | | Owner's Identification Card under this Section;
|
17 | | (x) (Blank);
|
18 | | (xi) He or she is not an alien who has been |
19 | | admitted to the United
States under a non-immigrant |
20 | | visa (as that term is defined in Section
101(a)(26) of |
21 | | the Immigration and Nationality Act (8 U.S.C. |
22 | | 1101(a)(26))),
or that he or she is an alien who has |
23 | | been lawfully admitted to the United
States under a |
24 | | non-immigrant visa if that alien is:
|
25 | | (1) admitted to the United States for lawful |
26 | | hunting or sporting
purposes;
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1 | | (2) an official representative of a foreign |
2 | | government who is:
|
3 | | (A) accredited to the United States |
4 | | Government or the Government's
mission to an |
5 | | international organization having its |
6 | | headquarters in the United
States; or
|
7 | | (B) en route to or from another country to |
8 | | which that alien is
accredited;
|
9 | | (3) an official of a foreign government or |
10 | | distinguished foreign
visitor who has been so |
11 | | designated by the Department of State;
|
12 | | (4) a foreign law enforcement officer of a |
13 | | friendly foreign
government entering the United |
14 | | States on official business; or
|
15 | | (5) one who has received a waiver from the |
16 | | Attorney General of the
United States pursuant to |
17 | | 18 U.S.C. 922(y)(3);
|
18 | | (xii) He or she is not a minor subject to a |
19 | | petition filed
under Section 5-520 of the Juvenile |
20 | | Court Act of 1987 alleging that the
minor is a |
21 | | delinquent minor for the commission of an offense that |
22 | | if
committed by an adult would be a felony;
|
23 | | (xiii) He or she is not an adult who had been |
24 | | adjudicated a delinquent
minor under the Juvenile |
25 | | Court Act of 1987 for the commission of an offense
that |
26 | | if committed by an adult would be a felony;
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1 | | (xiv) He or she is a resident of the State of |
2 | | Illinois; |
3 | | (xv) He or she has not been adjudicated as a person |
4 | | with a mental disability; |
5 | | (xvi) He or she has not been involuntarily |
6 | | admitted into a mental health facility; and |
7 | | (xvii) He or she is not a person with a |
8 | | developmental disability; and |
9 | | (3) Upon request by the Department of State Police, |
10 | | sign a release on a
form prescribed by the Department of |
11 | | State Police waiving any right to
confidentiality and |
12 | | requesting the disclosure to the Department of State |
13 | | Police
of limited mental health institution admission |
14 | | information from another state,
the District of Columbia, |
15 | | any other territory of the United States, or a
foreign |
16 | | nation concerning the applicant for the sole purpose of |
17 | | determining
whether the applicant is or was a patient in a |
18 | | mental health institution and
disqualified because of that |
19 | | status from receiving a Firearm Owner's
Identification |
20 | | Card. No mental health care or treatment records may be
|
21 | | requested. The information received shall be destroyed |
22 | | within one year of
receipt.
|
23 | | (a-5) Each applicant for a Firearm Owner's Identification |
24 | | Card who is over
the age of 18 shall furnish to the Department |
25 | | of State Police either his or
her Illinois driver's license |
26 | | number or Illinois Identification Card number, except as
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1 | | provided in subsection (a-10).
|
2 | | (a-10) Each applicant for a Firearm Owner's Identification |
3 | | Card,
who is employed as a law enforcement officer, an armed |
4 | | security officer in Illinois, or by the United States Military
|
5 | | permanently assigned in Illinois and who is not an Illinois |
6 | | resident, shall furnish to
the Department of State Police his |
7 | | or her driver's license number or state
identification card |
8 | | number from his or her state of residence. The Department
of |
9 | | State Police may adopt rules to enforce the provisions of this
|
10 | | subsection (a-10).
|
11 | | (a-15) If an applicant applying for a Firearm Owner's |
12 | | Identification Card moves from the residence address named in |
13 | | the application, he or she shall immediately notify in a form |
14 | | and manner prescribed by the Department of State Police of |
15 | | that change of address. |
16 | | (a-20) Each applicant for a Firearm Owner's Identification |
17 | | Card shall furnish to the Department of State Police his or her |
18 | | photograph. An applicant who is 21 years of age or older |
19 | | seeking a religious exemption to the photograph requirement |
20 | | must furnish with the application an approved copy of United |
21 | | States Department of the Treasury Internal Revenue Service |
22 | | Form 4029. In lieu of a photograph, an applicant regardless of |
23 | | age seeking a religious exemption to the photograph |
24 | | requirement shall submit fingerprints on a form and manner |
25 | | prescribed by the Department with his or her application. |
26 | | (a-25) Beginning January 1, 2023, each applicant for the |
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1 | | issuance of a Firearm Owner's Identification Card may include |
2 | | a full set of his or her fingerprints in electronic format to |
3 | | the Illinois State Police, unless the applicant has previously |
4 | | provided a full set of his or her fingerprints to the Illinois |
5 | | State Police under this Act or the Firearm Concealed Carry |
6 | | Act. |
7 | | The fingerprints must be transmitted through a live scan |
8 | | fingerprint vendor licensed by the Department of Financial and |
9 | | Professional Regulation. The fingerprints shall be checked |
10 | | against the fingerprint records now and hereafter filed in the |
11 | | Illinois State Police and Federal Bureau of Investigation |
12 | | criminal history records databases, including all available |
13 | | State and local criminal history record information files. |
14 | | The Illinois State Police shall charge applicants a |
15 | | one-time fee for conducting the criminal history record check, |
16 | | which shall be deposited into the State Police Services Fund |
17 | | and shall not exceed the actual cost of the State and national |
18 | | criminal history record check. |
19 | | (a-26) The Illinois State Police shall research, explore, |
20 | | and report to the General Assembly by January 1, 2022 on the |
21 | | feasibility of permitting voluntarily submitted fingerprints |
22 | | obtained for purposes other than Firearm Owner's |
23 | | Identification Card enforcement that are contained in the |
24 | | Illinois State Police database for purposes of this Act. |
25 | | (b) Each application form shall include the following |
26 | | statement printed in
bold type: "Warning: Entering false |
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1 | | information on an application for a Firearm
Owner's |
2 | | Identification Card is punishable as a Class 2 felony in |
3 | | accordance
with subsection (d-5) of Section 14 of the Firearm |
4 | | Owners Identification Card
Act.".
|
5 | | (c) Upon such written consent, pursuant to Section 4, |
6 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
7 | | consent shall be liable for any
damages resulting from the |
8 | | applicant's use of firearms or firearm ammunition.
|
9 | | (Source: P.A. 101-80, eff. 7-12-19.)
|
10 | | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
|
11 | | Sec. 5. Application and renewal. |
12 | | (a) The Department of State Police shall either approve or
|
13 | | deny all applications within 30 days from the date they are |
14 | | received,
except as provided in subsections (b) and (c) |
15 | | subsection (b) of this Section , and every applicant found |
16 | | qualified under Section 8 of this Act by
the Department shall |
17 | | be entitled to a Firearm Owner's Identification
Card upon the |
18 | | payment of a $10 fee and applicable processing fees. The |
19 | | processing fees shall be limited to charges by the State |
20 | | Treasurer for using the electronic online payment system . Any |
21 | | applicant who is an active duty member of the Armed Forces of |
22 | | the United States, a member of the Illinois National Guard, or |
23 | | a member of the Reserve Forces of the United States is exempt |
24 | | from the application fee. $5 of each fee derived from the |
25 | | issuance of a Firearm Owner's Identification Card or renewals, |
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1 | | thereof, shall be deposited in the State Police Firearm |
2 | | Services Fund and $5 into the State Police Revocation |
3 | | Enforcement Fund $6 of each fee derived from the
issuance of |
4 | | Firearm Owner's Identification Cards, or renewals thereof,
|
5 | | shall be deposited in the Wildlife and Fish Fund in the State |
6 | | Treasury;
$1 of the fee shall be deposited in the State Police |
7 | | Services Fund and $3 of the fee shall be deposited in the
State |
8 | | Police Firearm Services Fund . |
9 | | (b) Renewal applications shall be approved or denied |
10 | | within 60 business days, provided the applicant submitted his |
11 | | or her renewal application prior to the expiration of his or |
12 | | her Firearm Owner's Identification Card. If a renewal |
13 | | application has been submitted prior to the expiration date of |
14 | | the applicant's Firearm Owner's Identification Card, the |
15 | | Firearm Owner's Identification Card shall remain valid while |
16 | | the Department processes the application, unless the person is |
17 | | subject to or becomes subject to revocation under this Act. |
18 | | The cost for a renewal application shall be $10 , and may |
19 | | include applicable processing fees, which shall be limited to |
20 | | charges by the State Treasurer for using the electronic online |
21 | | payment system, which shall be deposited into the State Police |
22 | | Firearm Services Fund. |
23 | | (c) If the Firearm Owner's Identification Card of a |
24 | | licensee under the Firearm Concealed Carry Act expires during |
25 | | the term of the licensee's concealed carry license, the |
26 | | Firearm Owner's Identification Card and the license remain |
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1 | | valid and the licensee does not have to renew his or her |
2 | | Firearm Owner's Identification Card during the duration of the |
3 | | concealed carry license. Unless the Illinois State Police has |
4 | | reason to believe the licensee is no longer eligible for the |
5 | | card, the Illinois State Police may automatically renew the |
6 | | licensee's Firearm Owner's Identification Card and send a |
7 | | renewed Firearm Owner's Identification Card to the licensee. |
8 | | (d) The Illinois State Police may adopt rules concerning |
9 | | the use of voluntarily submitted fingerprints, as allowed by |
10 | | State and federal law.
|
11 | | (Source: P.A. 100-906, eff. 1-1-19 .)
|
12 | | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
|
13 | | Sec. 6. Contents of Firearm Owner's Identification Card.
|
14 | | (a) A Firearm Owner's Identification Card, issued by the |
15 | | Department of
State Police at such places as the Director of |
16 | | the
Department shall
specify, shall contain the applicant's |
17 | | name, residence, date of birth, sex,
physical description, |
18 | | recent photograph, except as provided in subsection (c-5), and |
19 | | signature. Each Firearm Owner's
Identification Card must have |
20 | | the Firearm Owner's Identification Card number expiration date |
21 | | boldly and conspicuously
displayed on the face of the card. |
22 | | Each Firearm Owner's
Identification Card must have printed on |
23 | | it the following: "CAUTION - This
card does not permit bearer |
24 | | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
|
25 | | the Department may use a person's digital photograph and |
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1 | | signature from his or
her
Illinois driver's license or |
2 | | Illinois Identification Card, if available. On
and after |
3 | | December 1, 2002,
the Department shall use a person's digital |
4 | | photograph and signature from his
or her
Illinois driver's |
5 | | license or Illinois Identification Card, if available. The
|
6 | | Department shall decline to use a person's digital photograph |
7 | | or signature if
the digital photograph or signature is the |
8 | | result of or associated with
fraudulent or erroneous data, |
9 | | unless otherwise provided by law.
|
10 | | (b) A person applying for a Firearm Owner's Identification |
11 | | Card shall
consent
to the Department of State Police using the |
12 | | applicant's digital driver's
license
or Illinois |
13 | | Identification Card photograph, if available, and signature on |
14 | | the
applicant's
Firearm Owner's Identification Card. The |
15 | | Secretary
of State shall allow the Department of State Police |
16 | | access to the photograph
and signature for the purpose of |
17 | | identifying the applicant and issuing to the
applicant a
|
18 | | Firearm Owner's Identification Card.
|
19 | | (c) The Secretary of State shall conduct a study to |
20 | | determine the cost
and
feasibility of creating a method of |
21 | | adding an identifiable code, background, or
other means on the |
22 | | driver's license or Illinois Identification Card to show
that
|
23 | | an individual is not disqualified from owning or possessing a |
24 | | firearm under
State or federal law. The Secretary shall report |
25 | | the findings of this study
12 months after the effective date |
26 | | of this amendatory Act of the 92nd General
Assembly.
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1 | | (c-5) If a person qualifies for a photograph exemption, in |
2 | | lieu of a photograph, the Firearm Owner's Identification Card |
3 | | shall contain a copy of the card holder's fingerprints. Each |
4 | | Firearm Owner's Identification Card described in this |
5 | | subsection (c-5) must have printed on it the following: "This |
6 | | card is only valid for firearm purchases through a federally |
7 | | licensed firearms dealer when presented with photographic |
8 | | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." |
9 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
10 | | (430 ILCS 65/6.2 new) |
11 | | Sec. 6.2. Electronic Firearm Owner's Identification Cards. |
12 | | Beginning January 1, 2022, the Illinois State Police may |
13 | | develop a system under which the holder of a Firearm Owner's |
14 | | Identification Card may display an electronic version of his |
15 | | or her Firearm Owner's Identification Card on a mobile |
16 | | telephone or other portable electronic device. An electronic |
17 | | version of a Firearm Owner's Identification Card shall contain |
18 | | security features the Illinois State Police determines to be |
19 | | necessary to ensure that the electronic version is accurate |
20 | | and current and shall satisfy other requirements the Illinois |
21 | | State Police determines to be necessary regarding form and |
22 | | content. The display or possession of an electronic version of |
23 | | a valid Firearm Owner's Identification Card in accordance with |
24 | | the requirements of the Illinois State Police satisfies all |
25 | | requirements for the display or possession of a valid Firearm |
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1 | | Owner's Identification Card under the laws of this State. The |
2 | | possession or display of an electronic Firearm Owner's |
3 | | Identification Card on a mobile telephone or other portable |
4 | | electronic device does not constitute consent for a law |
5 | | enforcement officer, court, or other officer of the court to |
6 | | access other contents of the mobile telephone or other |
7 | | portable electronic device. The Illinois State Police may |
8 | | adopt rules to implement this Section.
|
9 | | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
|
10 | | Sec. 7. Validity of Firearm Owner's Identification Card. |
11 | | (a) Except as provided in Section 8 of this Act or |
12 | | elsewhere in subsection (b) of this Section, a Firearm Owner's
|
13 | | Identification Card issued under the provisions of this Act |
14 | | shall be valid
for the person to whom it is issued for a period |
15 | | of 10 years from the date
of issuance. Unless the person no |
16 | | longer meets the requirements or becomes subject to suspension |
17 | | or revocation under this Act, a card issued under an |
18 | | application made as provided in subsection (a-25) of Section 4 |
19 | | shall remain valid if the person meets the requirements of |
20 | | subsection (b-5) of Section 3.1. |
21 | | (b) If a renewal application is submitted to the |
22 | | Department before the expiration date of the applicant's |
23 | | current Firearm Owner's Identification Card, the Firearm |
24 | | Owner's Identification Card shall remain valid for a period of |
25 | | 60 business days , unless the person is subject to or becomes |
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1 | | subject to revocation under this Act. Unless the person no |
2 | | longer meets the requirements or becomes subject to suspension |
3 | | or revocation under this Act, a card issued under a renewal |
4 | | application made as provided in subsection (a-25) of Section 4 |
5 | | shall remain valid if the person meets the implementation |
6 | | requirements of Section 3.1.
|
7 | | (c) Beginning January 1, 2022, if the Firearm Owner's |
8 | | Identification Card of a licensee under the Firearm Concealed |
9 | | Carry Act expires during the term of the licensee's concealed |
10 | | carry license, the Firearm Owner's Identification Card and the |
11 | | license remain valid during the validity of the concealed |
12 | | carry license and the licensee does not have to renew his or |
13 | | her Firearm Owner's Identification Card, if the Firearm |
14 | | Owner's Identification Card has not been otherwise renewed as |
15 | | provided in this Act. Unless the Illinois State Police has |
16 | | reason to believe the licensee is no longer eligible for the |
17 | | card, the Illinois State Police may automatically renew the |
18 | | licensee's Firearm Owner's Identification Card. |
19 | | (Source: P.A. 100-906, eff. 1-1-19 .)
|
20 | | (430 ILCS 65/7.5 new) |
21 | | Sec. 7.5. Email and text message notifications. A person |
22 | | subject to this Act may notify the Illinois State Police upon |
23 | | application or at any time thereafter that he or she would like |
24 | | to receive correspondence from the Illinois State Police via |
25 | | email or text message and may opt out of first-class mail. Such |
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1 | | correspondence may include notification of the status of a |
2 | | person's application, suspension, revocation, appeal, and |
3 | | other notifications concerning his or her Firearm Owner's |
4 | | Identification Card. A person may request email or text |
5 | | message, or both. Any person selecting email or text message |
6 | | alerts must have either or both the person's email or cellular |
7 | | phone number on file with the Illinois State Police. |
8 | | (430 ILCS 65/8.2) |
9 | | Sec. 8.2. Firearm Owner's Identification Card denial , |
10 | | suspension, or revocation. The Illinois Department of State |
11 | | Police shall deny an application or shall suspend or revoke |
12 | | and seize a Firearm Owner's Identification Card previously |
13 | | issued under this Act if the Department finds that the |
14 | | applicant or person to whom such card was issued is or was at |
15 | | the time of issuance subject to a protective order issued |
16 | | under the laws of this or any other jurisdiction an existing |
17 | | order of protection or firearms restraining order . When the |
18 | | duration of the protective order is expected to be less than |
19 | | one year, the Illinois State Police may suspend the Firearm |
20 | | Owner's Identification Card under Section 8.3 of the Act and |
21 | | shall reinstate it upon conclusion of the suspension if no |
22 | | other grounds for denial or revocation are found under Section |
23 | | 8 of the Act.
|
24 | | (Source: P.A. 100-607, eff. 1-1-19 .) |
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1 | | (430 ILCS 65/8.3) |
2 | | Sec. 8.3. Suspension of Firearm Owner's Identification |
3 | | Card. The Department of State Police may suspend , by rule in a |
4 | | manner consistent with the Department's rules concerning |
5 | | revocation, provide for the suspension of the Firearm Owner's |
6 | | Identification Card of a person whose Firearm Owner's |
7 | | Identification Card is subject to revocation and seizure under |
8 | | this Act for the duration of the disqualification if the |
9 | | disqualification is not a permanent grounds for revocation of |
10 | | a Firearm Owner's Identification Card under this Act. The |
11 | | Illinois State Police may adopt rules necessary to implement |
12 | | this Section.
|
13 | | (Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19 .) |
14 | | (430 ILCS 65/8.4 new) |
15 | | Sec. 8.4. Cancellation of Firearm Owner's Identification
|
16 | | Card. The Illinois State Police may cancel a Firearm
Owner's |
17 | | Identification Card if a person is not prohibited by
State or |
18 | | federal law from acquiring or possessing a firearm or
firearm |
19 | | ammunition and the sole purpose is for an
administrative |
20 | | reason. This includes, at
the request of the Firearm Owner's |
21 | | Identification Card holder,
a person who surrenders his or her |
22 | | Illinois driver's license or
Illinois identification card to |
23 | | another jurisdiction, or a
person's Firearm Owner's |
24 | | Identification Card is reported as
lost, stolen, or destroyed. |
25 | | The Illinois State Police may adopt rules
necessary to |
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1 | | implement this Section. |
2 | | (430 ILCS 65/8.5 new) |
3 | | Sec. 8.5. Illinois State Police to monitor databases for |
4 | | firearms prohibitors. The Illinois State Police shall |
5 | | continuously monitor relevant State and federal databases, as |
6 | | allowed by State and federal law, for firearms prohibitors and |
7 | | correlate those records with Firearm Owner's Identification |
8 | | Card holders to ensure compliance with this Act and any other |
9 | | State and federal laws. As used in this Section, "firearms |
10 | | prohibitor" means any factor listed in Section 8 or Section |
11 | | 8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code |
12 | | of 2012 that prohibits a person from transferring or |
13 | | possessing a firearm, firearm ammunition, Firearm Owner's |
14 | | Identification Card, or concealed carry license. |
15 | | (430 ILCS 65/9.5) |
16 | | Sec. 9.5. Revocation of Firearm Owner's Identification
|
17 | | Card. |
18 | | (a) A person who receives a revocation notice under |
19 | | Section 9 of this Act shall, within 48 hours of receiving |
20 | | notice of the revocation: |
21 | | (1) surrender his or her Firearm Owner's |
22 | | Identification Card to the local law enforcement agency |
23 | | where the person resides or . The local law enforcement |
24 | | agency shall provide the person a receipt and transmit the |
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1 | | Firearm Owner's Identification Card to the Department of |
2 | | State Police; and |
3 | | (2) complete a Firearm Disposition Record on a form |
4 | | prescribed by the Department of State Police and place his |
5 | | or her firearms in the location or with the person |
6 | | reported in the Firearm Disposition Record. The form shall |
7 | | require the person to disclose: |
8 | | (A) the make, model, and serial number of each |
9 | | firearm owned by or under the custody and control of |
10 | | the revoked person; |
11 | | (B) the location where each firearm will be |
12 | | maintained during the prohibited term; and |
13 | | (C) if any firearm will be transferred to the |
14 | | custody of another person, the name, address and |
15 | | Firearm Owner's Identification Card number of the |
16 | | transferee ; and . |
17 | | (D) to whom his or her Firearm Owner's |
18 | | Identification Card was surrendered. |
19 | | Once completed, the person shall retain a copy and |
20 | | provide a copy of the Firearm Disposition Record to the |
21 | | Illinois State Police. |
22 | | (b) Upon confirming through the portal created under |
23 | | Section 2605-304 of the Department of State Police Law of the |
24 | | Civil Administrative Code of Illinois that the Firearm Owner's |
25 | | Identification Card has been revoked by the Illinois State |
26 | | Police, surrendered cards shall be destroyed by the law |
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1 | | enforcement agency receiving the cards. If a card has not been |
2 | | revoked, the card shall be returned to the cardholder. The |
3 | | local law enforcement agency shall provide a copy of the |
4 | | Firearm Disposition Record to the person whose Firearm Owner's |
5 | | Identification Card has been revoked and to the Department of |
6 | | State Police. |
7 | | (b-5) If a court orders the surrender of a Firearms |
8 | | Owner's Identification Card and accepts receipt of the Card, |
9 | | the court shall destroy the Card and direct the person whose |
10 | | Firearm Owner's Identification Card has been surrendered to |
11 | | comply with paragraph (2) of subsection (a). |
12 | | (b-10) If the person whose Firearm Owner's Identification |
13 | | Card has been revoked has either lost or destroyed the Card, |
14 | | the person must still comply with paragraph (2) of subsection |
15 | | (a). |
16 | | (b-15) A notation shall be made in the portal created |
17 | | under Section 2605-304 of the Department of State Police Law |
18 | | of the Civil Administrative Code of Illinois that the revoked |
19 | | Firearm Owner's Identification Card has been destroyed. |
20 | | (c) If the person whose Firearm Owner's Identification |
21 | | Card has been revoked fails to comply with the requirements of |
22 | | this Section, the sheriff or law enforcement agency where the |
23 | | person resides may petition the circuit court to issue a |
24 | | warrant to search for and seize the Firearm Owner's |
25 | | Identification Card and firearms in the possession or under |
26 | | the custody or control of the person whose Firearm Owner's |
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1 | | Identification Card has been revoked. |
2 | | (d) A violation of subsection (a) of this Section is a |
3 | | Class A misdemeanor. |
4 | | (e) The observation of a Firearm Owner's Identification |
5 | | Card in the possession of a person whose Firearm Owner's |
6 | | Identification Card has been revoked constitutes a sufficient |
7 | | basis for the arrest of that person for violation of this |
8 | | Section. |
9 | | (f) Within 30 days after the effective date of this |
10 | | amendatory Act of the 98th General Assembly, the Department of |
11 | | State Police shall provide written notice of the requirements |
12 | | of this Section to persons whose Firearm Owner's |
13 | | Identification Cards have been revoked, suspended, or expired |
14 | | and who have failed to surrender their cards to the |
15 | | Department. |
16 | | (g) A person whose Firearm Owner's Identification Card has |
17 | | been revoked and who received notice under subsection (f) |
18 | | shall comply with the requirements of this Section within 48 |
19 | | hours of receiving notice.
|
20 | | (Source: P.A. 98-63, eff. 7-9-13.)
|
21 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
|
22 | | Sec. 10. Appeals Appeal to director ; hearing; relief from |
23 | | firearm prohibitions. |
24 | | (a) Whenever an application for a Firearm Owner's |
25 | | Identification
Card is denied , whenever the Department fails |
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1 | | to act on an application
within 30 days of its receipt, or |
2 | | whenever such a Card is revoked or seized
as provided for in |
3 | | Section 8 of this Act, the aggrieved party may
(1) file a |
4 | | record challenge with the Director regarding the record upon |
5 | | which the decision to deny or revoke the Firearm Owner's |
6 | | Identification Card was based under subsection (a-5); or (2) |
7 | | appeal
to the Director of the Illinois State Police through |
8 | | December 31, 2022, or beginning January 1, 2023, the Firearm |
9 | | Owner's Identification Card Review Board for a hearing seeking |
10 | | relief from upon
such denial or , revocation or seizure, |
11 | | unless the denial or , revocation , or seizure
was based upon a |
12 | | forcible felony, stalking, aggravated stalking, domestic
|
13 | | battery, any violation of the Illinois Controlled Substances |
14 | | Act, the Methamphetamine Control and Community Protection Act, |
15 | | or the
Cannabis Control Act that is classified as a Class 2 or |
16 | | greater felony,
any
felony violation of Article 24 of the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012, or any
|
18 | | adjudication as a delinquent minor for the commission of an
|
19 | | offense that if committed by an adult would be a felony, in |
20 | | which case the
aggrieved party may petition the circuit court |
21 | | in writing in the county of
his or her residence for a hearing |
22 | | seeking relief from upon such denial or , revocation , or |
23 | | seizure .
|
24 | | (a-5) There is created a Firearm Owner's Identification |
25 | | Card Review Board to consider any appeal under subsection (a) |
26 | | beginning January 1, 2023, other than an appeal directed to |
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1 | | the circuit court and except when the applicant is challenging |
2 | | the record upon which the decision to deny or revoke was based |
3 | | as provided in subsection (a-10). |
4 | | (0.05) In furtherance of the policy of this Act that |
5 | | the Board shall exercise its powers and duties in an |
6 | | independent manner, subject to the provisions of this Act |
7 | | but free from the direction, control, or influence of any |
8 | | other agency or department of State government. All |
9 | | expenses and liabilities incurred by the Board in the |
10 | | performance of its responsibilities hereunder shall be |
11 | | paid from funds which shall be appropriated to the Board |
12 | | by the General Assembly for the ordinary and contingent |
13 | | expenses of the Board. |
14 | | (1) The Board shall consist of 7 members appointed by |
15 | | the Governor, with the advice and consent of the Senate, |
16 | | with 3 members residing within the First Judicial District |
17 | | and one member residing within each of the 4 remaining |
18 | | Judicial Districts. No more than 4 members shall be |
19 | | members of the same political party. The Governor shall |
20 | | designate one member as the chairperson. The Board shall |
21 | | consist of: |
22 | | (A) one member with at least 5 years of service as |
23 | | a federal or State judge; |
24 | | (B) one member with at least 5 years of experience |
25 | | serving as an attorney with the United States |
26 | | Department of Justice, or as a State's Attorney or |
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1 | | Assistant State's Attorney; |
2 | | (C) one member with at least 5 years of experience |
3 | | serving as a State or federal public defender or |
4 | | assistant public defender; |
5 | | (D) three members with at least 5 years of |
6 | | experience as a federal, State, or local law |
7 | | enforcement agent or as an employee with investigative |
8 | | experience or duties related to criminal justice under |
9 | | the United States Department of Justice, Drug |
10 | | Enforcement Administration, Department of Homeland |
11 | | Security, Federal Bureau of Investigation, or a State |
12 | | or local law enforcement agency; and |
13 | | (E) one member with at least 5 years of experience |
14 | | as a licensed physician or clinical psychologist with |
15 | | expertise in the diagnosis and treatment of mental |
16 | | illness. |
17 | | (2) The terms of the members initially appointed after
|
18 | | the effective date of this amendatory Act of the 102nd |
19 | | General Assembly shall be as follows: one of
the initial |
20 | | members shall be appointed for a term of one year, 3 shall |
21 | | be
appointed for terms of 2 years, and 3 shall be appointed |
22 | | for terms of 4 years. Thereafter, members shall hold |
23 | | office for 4 years, with terms expiring on the second |
24 | | Monday in January immediately following the expiration of |
25 | | their terms and every 4 years thereafter. Members may be |
26 | | reappointed. Vacancies in the office of member shall be |
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1 | | filled in the same manner as the original appointment, for |
2 | | the remainder of the unexpired term. The Governor may |
3 | | remove a member for incompetence, neglect of duty, |
4 | | malfeasance, or inability to serve. Members shall receive |
5 | | compensation in an amount equal to the compensation of |
6 | | members of the Executive Ethics Commission and may be |
7 | | reimbursed, from funds appropriated for such a purpose, |
8 | | for reasonable expenses actually incurred in the |
9 | | performance of their Board duties. The Illinois State |
10 | | Police shall designate an employee to serve as Executive |
11 | | Director of the Board and provide logistical and |
12 | | administrative assistance to the Board. |
13 | | (3) The Board shall meet at least quarterly each year |
14 | | and at the call of the chairperson as often as necessary to |
15 | | consider appeals of decisions made with respect to |
16 | | applications for a Firearm Owner's Identification Card |
17 | | under this Act. If necessary to ensure the participation |
18 | | of a member, the Board shall allow a member to participate |
19 | | in a Board meeting by electronic communication. Any member |
20 | | participating electronically shall be deemed present for |
21 | | purposes of establishing a quorum and voting. |
22 | | (4) The Board shall adopt rules for the review of |
23 | | appeals and the conduct of hearings. The Board shall |
24 | | maintain a record of its decisions and all materials |
25 | | considered in making its decisions. All Board decisions |
26 | | and voting records shall be kept confidential and all |
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1 | | materials considered by the Board shall be exempt from |
2 | | inspection except upon order of a court. |
3 | | (5) In considering an appeal, the Board shall review |
4 | | the materials received concerning the denial or revocation |
5 | | by the Illinois State Police. By a vote of at least 4 |
6 | | members, the Board may request additional information from |
7 | | the Illinois State Police or the applicant or the |
8 | | testimony of the Illinois State Police or the applicant. |
9 | | The Board may require that the applicant submit electronic |
10 | | fingerprints to the Illinois State Police for an updated |
11 | | background check if the Board determines it lacks |
12 | | sufficient information to determine eligibility. The Board |
13 | | may consider information submitted by the Illinois State |
14 | | Police, a law enforcement agency, or the applicant. The |
15 | | Board shall review each denial or revocation and determine |
16 | | by a majority of members whether an applicant should be |
17 | | granted relief under subsection (c). |
18 | | (6) The Board shall by order issue summary decisions. |
19 | | The Board shall issue a decision within 45 days of |
20 | | receiving all completed appeal documents from the Illinois |
21 | | State Police and the applicant. However, the Board need |
22 | | not issue a decision within 45 days if: |
23 | | (A) the Board requests information from the |
24 | | applicant, including, but not limited to, electronic |
25 | | fingerprints to be submitted to the Illinois State |
26 | | Police, in accordance with paragraph (5) of this |
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1 | | subsection, in which case the Board shall make a |
2 | | decision within 30 days of receipt of the required |
3 | | information from the applicant; |
4 | | (B) the applicant agrees, in writing, to allow the |
5 | | Board additional time to consider an appeal; or |
6 | | (C) the Board notifies the applicant and the |
7 | | Illinois State Police that the Board needs an |
8 | | additional 30 days to issue a decision. The Board may |
9 | | only issue 2 extensions under this subparagraph (C). |
10 | | The Board's notification to the applicant and the |
11 | | Illinois State Police shall include an explanation for |
12 | | the extension. |
13 | | (7) If the Board determines that the applicant is |
14 | | eligible for relief under subsection (c), the Board shall |
15 | | notify the applicant and the Illinois State Police that |
16 | | relief has been granted and the Illinois State Police |
17 | | shall issue the Card. |
18 | | (8) Meetings of the Board shall not be subject to the |
19 | | Open Meetings Act and records of the Board shall not be |
20 | | subject to the Freedom of Information Act. |
21 | | (9) The Board shall report monthly to the Governor and |
22 | | the General Assembly on the number of appeals received and |
23 | | provide details of the circumstances in which the Board |
24 | | has determined to deny Firearm Owner's Identification |
25 | | Cards under this subsection (a-5). The report shall not |
26 | | contain any identifying information about the applicants. |
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1 | | (a-10) Whenever an applicant or cardholder is not seeking |
2 | | relief from a firearms prohibition under subsection (c) but |
3 | | rather does not believe the applicant is appropriately denied |
4 | | or revoked and is challenging the record upon which the |
5 | | decision to deny or revoke the Firearm Owner's Identification |
6 | | Card was based, or whenever the Illinois State Police fails to |
7 | | act on an application within 30 days of its receipt, the |
8 | | applicant shall file such challenge with the Director. The |
9 | | Director shall render a decision within 60 business days of |
10 | | receipt of all information supporting the challenge. The |
11 | | Illinois State Police shall adopt rules for the review of a |
12 | | record challenge. |
13 | | (b) At least 30 days before any hearing in the circuit |
14 | | court, the
petitioner shall serve the
relevant State's |
15 | | Attorney with a copy of the petition. The State's Attorney
may |
16 | | object to the petition and present evidence. At the hearing , |
17 | | the court
shall
determine whether substantial justice has been |
18 | | done. Should the court
determine that substantial justice has |
19 | | not been done, the court shall issue an
order directing the |
20 | | Illinois Department of State Police to issue a Card. However, |
21 | | the court shall not issue the order if the petitioner is |
22 | | otherwise prohibited from obtaining, possessing, or using a |
23 | | firearm under
federal law.
|
24 | | (c) Any person prohibited from possessing a firearm under |
25 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or |
26 | | acquiring a Firearm Owner's
Identification Card under Section |
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1 | | 8 of this Act may apply to
the Firearm Owner's Identification |
2 | | Card Review Board Director
of State Police
or petition the |
3 | | circuit court in the county where the petitioner resides,
|
4 | | whichever is applicable in accordance with subsection (a) of |
5 | | this Section,
requesting relief
from such prohibition and the |
6 | | Board Director or court may grant such relief if it
is
|
7 | | established by the applicant to the court's or the Board's |
8 | | Director's satisfaction
that:
|
9 | | (0.05) when in the circuit court, the State's Attorney |
10 | | has been served
with a written
copy of the
petition at |
11 | | least 30 days before any such hearing in the circuit court |
12 | | and at
the hearing the
State's Attorney was afforded an |
13 | | opportunity to present evidence and object to
the |
14 | | petition;
|
15 | | (1) the applicant has not been convicted of a forcible |
16 | | felony under the
laws of this State or any other |
17 | | jurisdiction within 20 years of the
applicant's |
18 | | application for a Firearm Owner's Identification Card, or |
19 | | at
least 20 years have passed since the end of any period |
20 | | of imprisonment
imposed in relation to that conviction;
|
21 | | (2) the circumstances regarding a criminal conviction, |
22 | | where applicable,
the applicant's criminal history and his |
23 | | reputation are such that the applicant
will not be likely |
24 | | to act in a manner dangerous to public safety;
|
25 | | (3) granting relief would not be contrary to the |
26 | | public interest; and |
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1 | | (4) granting relief would not be contrary to federal |
2 | | law.
|
3 | | (c-5) (1) An active law enforcement officer employed by a |
4 | | unit of government, who is denied, revoked, or has his or her |
5 | | Firearm Owner's Identification Card seized under subsection |
6 | | (e) of Section 8 of this Act may apply to the Firearm Owner's |
7 | | Identification Card Review Board Director of State Police |
8 | | requesting relief if the officer did not act in a manner |
9 | | threatening to the officer, another person, or the public as |
10 | | determined by the treating clinical psychologist or physician, |
11 | | and as a result of his or her work is referred by the employer |
12 | | for or voluntarily seeks mental health evaluation or treatment |
13 | | by a licensed clinical psychologist, psychiatrist, or |
14 | | qualified examiner, and: |
15 | | (A) the officer has not received treatment |
16 | | involuntarily at a mental health facility, regardless of |
17 | | the length of admission; or has not been voluntarily |
18 | | admitted to a mental health facility for more than 30 days |
19 | | and not for more than one incident within the past 5 years; |
20 | | and |
21 | | (B) the officer has not left the mental institution |
22 | | against medical advice. |
23 | | (2) The Firearm Owner's Identification Card Review Board |
24 | | Director of State Police shall grant expedited relief to |
25 | | active law enforcement officers described in paragraph (1) of |
26 | | this subsection (c-5) upon a determination by the Board |
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1 | | Director that the officer's possession of a firearm does not |
2 | | present a threat to themselves, others, or public safety. The |
3 | | Board Director shall act on the request for relief within 30 |
4 | | business days of receipt of: |
5 | | (A) a notarized statement from the officer in the form |
6 | | prescribed by the Board Director detailing the |
7 | | circumstances that led to the hospitalization; |
8 | | (B) all documentation regarding the admission, |
9 | | evaluation, treatment and discharge from the treating |
10 | | licensed clinical psychologist or psychiatrist of the |
11 | | officer; |
12 | | (C) a psychological fitness for duty evaluation of the |
13 | | person completed after the time of discharge; and |
14 | | (D) written confirmation in the form prescribed by the |
15 | | Board Director from the treating licensed clinical |
16 | | psychologist or psychiatrist that the provisions set forth |
17 | | in paragraph (1) of this subsection (c-5) have been met, |
18 | | the person successfully completed treatment, and their |
19 | | professional opinion regarding the person's ability to |
20 | | possess firearms. |
21 | | (3) Officers eligible for the expedited relief in |
22 | | paragraph (2) of this subsection (c-5) have the burden of |
23 | | proof on eligibility and must provide all information |
24 | | required. The Board Director may not consider granting |
25 | | expedited relief until the proof and information is received. |
26 | | (4) "Clinical psychologist", "psychiatrist", and |
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1 | | "qualified examiner" shall have the same meaning as provided |
2 | | in Chapter I of the Mental Health and Developmental |
3 | | Disabilities Code. |
4 | | (c-10) (1) An applicant, who is denied, revoked, or has |
5 | | his or her Firearm Owner's Identification Card seized under |
6 | | subsection (e) of Section 8 of this Act based upon a |
7 | | determination of a developmental disability or an intellectual |
8 | | disability may apply to the Firearm Owner's Identification |
9 | | Card Review Board Director of State Police requesting relief. |
10 | | (2) The Board Director shall act on the request for relief |
11 | | within 60 business days of receipt of written certification, |
12 | | in the form prescribed by the Board Director , from a physician |
13 | | or clinical psychologist, or qualified examiner, that the |
14 | | aggrieved party's developmental disability or intellectual |
15 | | disability condition is determined by a physician, clinical |
16 | | psychologist, or qualified to be mild. If a fact-finding |
17 | | conference is scheduled to obtain additional information |
18 | | concerning the circumstances of the denial or revocation, the |
19 | | 60 business days the Director has to act shall be tolled until |
20 | | the completion of the fact-finding conference. |
21 | | (3) The Board Director may grant relief if the aggrieved |
22 | | party's developmental disability or intellectual disability is |
23 | | mild as determined by a physician, clinical psychologist, or |
24 | | qualified examiner and it is established by the applicant to |
25 | | the Board's Director's satisfaction that: |
26 | | (A) granting relief would not be contrary to the |
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1 | | public interest; and |
2 | | (B) granting relief would not be contrary to federal |
3 | | law. |
4 | | (4) The Board Director may not grant relief if the |
5 | | condition is determined by a physician, clinical psychologist, |
6 | | or qualified examiner to be moderate, severe, or profound. |
7 | | (5) The changes made to this Section by Public Act 99-29 |
8 | | this amendatory Act of the 99th General Assembly apply to |
9 | | requests for
relief pending on or before July 10, 2015 ( the |
10 | | effective date of Public Act 99-29) this amendatory Act , |
11 | | except that the 60-day period for the Director to act on |
12 | | requests pending before the effective date shall begin
on July |
13 | | 10, 2015 ( the effective date of Public Act 99-29) this |
14 | | amendatory Act . All appeals as provided in subsection (a-5), |
15 | | pending on January 1, 2023, shall be considered by the Board. |
16 | | (d) When a minor is adjudicated delinquent for an offense |
17 | | which if
committed by an adult would be a felony, the court |
18 | | shall notify the Illinois Department
of State Police.
|
19 | | (e) The court shall review the denial of an application or |
20 | | the revocation of
a Firearm Owner's Identification Card of a |
21 | | person who has been adjudicated
delinquent for an offense that |
22 | | if
committed by an adult would be a felony if an
application |
23 | | for relief has been filed at least 10 years after the |
24 | | adjudication
of delinquency and the court determines that the |
25 | | applicant should be
granted relief from disability to obtain a |
26 | | Firearm Owner's Identification Card.
If the court grants |
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1 | | relief, the court shall notify the Illinois Department of |
2 | | State
Police that the disability has
been removed and that the |
3 | | applicant is eligible to obtain a Firearm Owner's
|
4 | | Identification Card.
|
5 | | (f) Any person who is subject to the disabilities of 18 |
6 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
7 | | of 1968 because of an adjudication or commitment that occurred |
8 | | under the laws of this State or who was determined to be |
9 | | subject to the provisions of subsections (e), (f), or (g) of |
10 | | Section 8 of this Act may apply to the Illinois Department of |
11 | | State Police requesting relief from that prohibition. The |
12 | | Board Director shall grant the relief if it is established by a |
13 | | preponderance of the evidence that the person will not be |
14 | | likely to act in a manner dangerous to public safety and that |
15 | | granting relief would not be contrary to the public interest. |
16 | | In making this determination, the Board Director shall receive |
17 | | evidence concerning (i) the circumstances regarding the |
18 | | firearms disabilities from which relief is sought; (ii) the |
19 | | petitioner's mental health and criminal history records, if |
20 | | any; (iii) the petitioner's reputation, developed at a minimum |
21 | | through character witness statements, testimony, or other |
22 | | character evidence; and (iv) changes in the petitioner's |
23 | | condition or circumstances since the disqualifying events |
24 | | relevant to the relief sought. If relief is granted under this |
25 | | subsection or by order of a court under this Section, the |
26 | | Director shall as soon as practicable but in no case later than |
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1 | | 15 business days, update, correct, modify, or remove the |
2 | | person's record in any database that the Illinois Department |
3 | | of State Police makes available to the National Instant |
4 | | Criminal Background Check System and notify the United States |
5 | | Attorney General that the basis for the record being made |
6 | | available no longer applies. The Illinois Department of State |
7 | | Police shall adopt rules for the administration of this |
8 | | Section. |
9 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, |
10 | | eff. 7-20-15.)
|
11 | | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
|
12 | | Sec. 11. Judicial review of final administrative |
13 | | decisions. |
14 | | (a) All final administrative decisions of the Firearm |
15 | | Owner's Identification Card Review Board Department under this
|
16 | | Act, except final administrative decisions of the Firearm |
17 | | Owner's Identification Card Review Board Director of State |
18 | | Police to deny a person's application for relief under |
19 | | subsection (f) of Section 10 of this Act, shall be subject to |
20 | | judicial review under the provisions of the Administrative
|
21 | | Review Law, and all amendments and
modifications thereof, and |
22 | | the rules adopted pursuant thereto. The term
"administrative |
23 | | decision" is defined as in Section 3-101 of the Code of
Civil |
24 | | Procedure.
|
25 | | (b) Any final administrative decision by the Firearm |
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1 | | Owner's Identification Card Review Board Director of State |
2 | | Police to deny a person's application for relief under |
3 | | subsection (f) of Section 10 of this Act is subject to de novo |
4 | | judicial review by the circuit court, and any party may offer |
5 | | evidence that is otherwise proper and admissible without |
6 | | regard to whether that evidence is part of the administrative |
7 | | record. |
8 | | (c) The Firearm Owner's Identification Card Review Board |
9 | | Director of State Police shall submit a report to the General
|
10 | | Assembly on March 1 of each year, beginning March 1, 1991, |
11 | | listing all
final decisions by a court of this State |
12 | | upholding, reversing, or
reversing in part any administrative |
13 | | decision made by the Department of State Police.
|
14 | | (Source: P.A. 97-1131, eff. 1-1-13.)
|
15 | | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
|
16 | | Sec. 13.2. Renewal; name , photograph, or address change; |
17 | | replacement card. The Department of State Police shall, 180 60 |
18 | | days
prior to the expiration of a Firearm Owner's |
19 | | Identification Card,
forward by first class mail or by other |
20 | | means provided in Section 7.5 to each person whose card is to |
21 | | expire a
notification of the
expiration of the card and |
22 | | instructions for renewal.
It is the obligation of the holder |
23 | | of a Firearm Owner's Identification Card
to notify the |
24 | | Department of State Police of any address change since the
|
25 | | issuance of
the Firearm Owner's Identification Card. The |
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1 | | Illinois State Police may update the applicant and card |
2 | | holders address based upon records in the Secretary of State |
3 | | Driver's License or Illinois identification card records of |
4 | | applicants who do not have driver's licenses. Whenever any |
5 | | person moves from the residence address named on his or her |
6 | | card, the person shall within 21 calendar days thereafter |
7 | | notify in a form and manner prescribed by the Department of his |
8 | | or her old and new residence addresses and the card number held |
9 | | by him or her. Any person whose legal name has changed from the |
10 | | name on the card that he or she has been previously issued must |
11 | | apply for a corrected card within 30 calendar days after the |
12 | | change. The cost for an updated or a corrected card shall be |
13 | | $5. The cost for replacement of a card which has been lost, |
14 | | destroyed, or stolen shall be $5 if the loss, destruction, or |
15 | | theft of the card is reported to the Department of State |
16 | | Police. The fees collected under this Section shall be |
17 | | deposited into the State Police Firearm Services Fund.
|
18 | | (Source: P.A. 100-906, eff. 1-1-19 .)
|
19 | | (430 ILCS 65/13.4 new) |
20 | | Sec. 13.4. Illinois State Police; rule making authority. |
21 | | The Illinois State Police shall by rule adopt the following |
22 | | procedures: |
23 | | (1) When a person who possesses a valid Firearm Owner's |
24 | | Identification Card applies for and is approved for a |
25 | | concealed carry license, the valid Firearm Owner's |
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1 | | Identification Card is renewed for 10 years from the time of |
2 | | approval instead of 10 years from the date of the original |
3 | | card. |
4 | | (2) If a person is eligible for both a Firearm Owner's |
5 | | Identification Card and a concealed carry license, the |
6 | | Illinois State Police shall by rule create one card that may be |
7 | | used as both a Firearm Owner's Identification Card and a |
8 | | concealed carry license. A combined Firearm Owner's |
9 | | Identification Card and concealed carry license shall be |
10 | | considered a valid card for the purposes of this Act. If a |
11 | | person who possesses a combined Firearm Owner's Identification |
12 | | Card and a concealed carry license becomes subject to |
13 | | suspension or revocation under the Firearm Concealed Carry |
14 | | Act, but is otherwise eligible for a valid Firearm Owner's |
15 | | Identification Card, the Illinois State Police shall ensure |
16 | | the person's Firearm Owner's Identification Card status is not |
17 | | interrupted. The Illinois State Police shall adopt rules to |
18 | | implement this Section. |
19 | | Section 25. The Firearm Concealed Carry Act is amended by |
20 | | changing Sections 10, 20, 30, 50, 55, and 70 and by adding |
21 | | Sections 10.5, 10.6, and 66 as follows: |
22 | | (430 ILCS 66/10)
|
23 | | Sec. 10. Issuance of licenses to carry a concealed |
24 | | firearm. |
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1 | | (a) The Department shall issue a license to carry a |
2 | | concealed firearm under this Act to an applicant who: |
3 | | (1) meets the qualifications of Section 25 of this |
4 | | Act; |
5 | | (2) has provided the application and documentation |
6 | | required in Section 30 of this Act; |
7 | | (3) has submitted the requisite fees; and |
8 | | (4) does not pose a danger to himself, herself, or |
9 | | others, or a threat to public safety as determined by the |
10 | | Concealed Carry Licensing Review Board in accordance with |
11 | | Section 20. |
12 | | (b) The Department shall issue a renewal, corrected, or |
13 | | duplicate license as provided in this Act. |
14 | | (c) A license shall be valid throughout the State for a |
15 | | period of 5 years from the date of issuance. A license shall |
16 | | permit the licensee to: |
17 | | (1) carry a loaded or unloaded concealed firearm, |
18 | | fully concealed or partially concealed, on or about his or |
19 | | her person; and
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20 | | (2) keep or carry a loaded or unloaded concealed |
21 | | firearm on or about his or her person within a vehicle. |
22 | | (d) The Department shall make applications for a license |
23 | | available no later than 180 days after the effective date of |
24 | | this Act. The Department shall establish rules for the |
25 | | availability and submission of applications in accordance with |
26 | | this Act. |
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1 | | (e) An application for a license submitted to the |
2 | | Department that contains all the information and materials |
3 | | required by this Act, including the requisite fee, shall be |
4 | | deemed completed. Except as otherwise provided in this Act, no |
5 | | later than 90 days after receipt of a completed application, |
6 | | the Department shall issue or deny the applicant a license. |
7 | | The Illinois State Police shall notify the applicant for a |
8 | | concealed carry license, electronically, to confirm if all the |
9 | | required information and materials have been received. If an |
10 | | applicant for a concealed carry license submits his or her |
11 | | application electronically, the Illinois State Police shall |
12 | | notify the applicant electronically if his or her application |
13 | | is missing information or materials. |
14 | | (f) The Department shall deny the applicant a license if |
15 | | the applicant fails to meet the requirements under this Act or |
16 | | the Department receives a determination from the Board that |
17 | | the applicant is ineligible for a license. The Department must |
18 | | notify the applicant stating the grounds for the denial. The |
19 | | notice of denial must inform the applicant of his or her right |
20 | | to an appeal through administrative and judicial review. |
21 | | (g) A licensee shall possess a license at all times the |
22 | | licensee carries a concealed firearm except: |
23 | | (1) when the licensee is carrying or possessing a |
24 | | concealed firearm on his or her land or in his or her |
25 | | abode, legal dwelling, or fixed place of business, or on |
26 | | the land or in the legal dwelling of another person as an |
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1 | | invitee with that person's permission; |
2 | | (2) when the person is authorized to carry a firearm |
3 | | under Section 24-2 of the Criminal Code of 2012, except |
4 | | subsection (a-5) of that Section; or |
5 | | (3) when the handgun is broken down in a |
6 | | non-functioning state, is not immediately accessible, or |
7 | | is unloaded and enclosed in a case. |
8 | | (h) If an officer of a law enforcement agency initiates an |
9 | | investigative stop, including but not limited to a traffic |
10 | | stop, of a licensee or a non-resident carrying a concealed |
11 | | firearm under subsection (e) of
Section 40 of this Act, upon |
12 | | the request of the officer the licensee or non-resident shall |
13 | | disclose to the officer that he or she is in possession of a |
14 | | concealed firearm under this Act, or present the license upon |
15 | | the request of the officer if he or she is a licensee or |
16 | | present upon the request of the officer evidence
under |
17 | | paragraph (2) of subsection (e) of Section 40 of this Act that |
18 | | he or she is a non-resident qualified to carry
under that |
19 | | subsection. The disclosure requirement under this subsection |
20 | | (h) is satisfied if the licensee presents his or her license to |
21 | | the officer or the non-resident presents to the officer |
22 | | evidence under paragraph (2) of subsection (e) of Section 40 |
23 | | of this Act that he or she is qualified to carry under that |
24 | | subsection. Upon the request of the officer, the licensee or |
25 | | non-resident shall also identify the location of the concealed |
26 | | firearm and permit the officer to safely secure the firearm |
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1 | | for the duration of the investigative stop. During a traffic |
2 | | stop, any
passenger within the vehicle who is a licensee or a |
3 | | non-resident carrying under subsection (e) of
Section 40 of |
4 | | this Act must comply with the requirements of this subsection |
5 | | (h). |
6 | | (h-1) If a licensee carrying a firearm or a non-resident |
7 | | carrying a firearm in a vehicle under subsection (e) of |
8 | | Section 40 of this Act is contacted by a law enforcement |
9 | | officer or emergency
services personnel, the law enforcement |
10 | | officer or emergency services personnel may secure the firearm
|
11 | | or direct that it be secured during the duration of the contact |
12 | | if the law enforcement officer or emergency
services personnel |
13 | | determines that it is necessary for the safety of any person
|
14 | | present, including the law enforcement officer or emergency |
15 | | services personnel. The licensee or nonresident
shall submit |
16 | | to the order to secure the firearm. When the law enforcement |
17 | | officer or emergency services
personnel have determined that |
18 | | the licensee or non-resident is not a threat to
the safety of |
19 | | any person present, including the law enforcement officer or |
20 | | emergency services personnel, and
if the licensee or |
21 | | non-resident is physically and mentally capable of
possessing |
22 | | the firearm, the law enforcement officer or emergency services |
23 | | personnel shall return the
firearm to the licensee or |
24 | | non-resident before releasing him or her from the
scene and |
25 | | breaking contact. If the licensee or non-resident is |
26 | | transported for
treatment to another location, the firearm |
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1 | | shall be turned over to any peace
officer. The peace officer |
2 | | shall provide a receipt which includes the make,
model, |
3 | | caliber, and serial number of the firearm. |
4 | | (i) The Department shall maintain a database of license |
5 | | applicants and licensees. The database shall be available to |
6 | | all federal, State, and local law enforcement agencies, |
7 | | State's Attorneys, the Attorney General, and authorized court |
8 | | personnel. Within 180 days after the effective date of this |
9 | | Act, the database shall be searchable and provide all |
10 | | information included in the application, including the |
11 | | applicant's previous addresses within the 10 years prior to |
12 | | the license application and any information related to |
13 | | violations of this Act. No law enforcement agency, State's |
14 | | Attorney, Attorney General, or member or staff of the |
15 | | judiciary shall provide any information to a requester who is |
16 | | not entitled to it by law. |
17 | | (j) No later than 10 days after receipt of a completed |
18 | | application, the Department shall enter the relevant |
19 | | information about the applicant into the database under |
20 | | subsection (i) of this Section which is accessible by law |
21 | | enforcement agencies.
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22 | | (k) The Illinois State Police shall continuously monitor |
23 | | relevant State and federal databases for firearms prohibitors |
24 | | and correlate those records with concealed carry license |
25 | | holders to ensure compliance with this Act, or State and |
26 | | federal law. The Illinois State Police may adopt rules to |
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1 | | implement this subsection. |
2 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, |
3 | | eff. 7-10-15.) |
4 | | (430 ILCS 66/10.5 new) |
5 | | Sec. 10.5. Electronic concealed carry licenses. The |
6 | | Illinois State Police may develop a system under which the |
7 | | holder of a concealed carry license may display an electronic |
8 | | version of his or her license on a mobile telephone or other |
9 | | portable electronic device. An electronic version of a |
10 | | concealed carry license shall contain security features the |
11 | | Illinois State Police determines to be necessary to ensure |
12 | | that the electronic version is accurate and current and shall |
13 | | satisfy other requirements the Illinois State Police |
14 | | determines to be necessary regarding form and content. The |
15 | | display or possession of an electronic version of a valid |
16 | | concealed carry license in accordance with the requirements of |
17 | | the Illinois State Police satisfies all requirements for the |
18 | | display or possession of a valid concealed carry license under |
19 | | the laws of this State. The possession or display of an |
20 | | electronic concealed carry license on a mobile telephone or |
21 | | other portable electronic device does not constitute consent |
22 | | for a law enforcement officer, court, or other officer of the |
23 | | court to access other contents of the mobile telephone or |
24 | | other portable electronic device. The Illinois State Police |
25 | | may adopt rules to implement this Section. |
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1 | | (430 ILCS 66/10.6 new) |
2 | | Sec. 10.6. Email and text messages notifications. A person |
3 | | subject to this Act may notify the Department upon application |
4 | | or at any time thereafter that he or she would like to receive |
5 | | correspondence from the Illinois State Police via email or |
6 | | text message and may opt out of first-class mail. Such |
7 | | correspondence may include notification of the status of a |
8 | | person's application, suspension, revocation, appeal, and |
9 | | other notifications concerning his or her concealed carry |
10 | | license. A person may request email or text message, or both. |
11 | | Any person selecting email or text message alerts must have |
12 | | either or both the person's email or cellular phone number on |
13 | | file with the Illinois State Police. |
14 | | (430 ILCS 66/20)
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15 | | Sec. 20. Concealed Carry Licensing Review Board. |
16 | | (a) There is hereby created within the Department of State |
17 | | Police a Concealed Carry Licensing Review Board to consider |
18 | | any objection to an applicant's eligibility to obtain a |
19 | | license under this Act submitted by a law enforcement agency |
20 | | or the Department under Section 15 of this Act. The Board shall |
21 | | consist of 7 commissioners to be appointed by the Governor, |
22 | | with the advice and consent of the Senate, with 3 |
23 | | commissioners residing within the First Judicial District and |
24 | | one commissioner residing within each of the 4 remaining |
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1 | | Judicial Districts. No more than 4 commissioners shall be |
2 | | members of the same political party. The Governor shall |
3 | | designate one commissioner as the Chairperson. The Board shall |
4 | | consist of: |
5 | | (1) one commissioner with at least 5 years of service |
6 | | as a federal judge; |
7 | | (2) 2 commissioners with at least 5 years of |
8 | | experience serving as an attorney with the United States |
9 | | Department of Justice; |
10 | | (3) 3 commissioners with at least 5 years of |
11 | | experience as a federal agent or employee with |
12 | | investigative experience or duties related to criminal |
13 | | justice under the United States Department of Justice, |
14 | | Drug Enforcement Administration, Department of Homeland |
15 | | Security, or Federal Bureau of Investigation; and |
16 | | (4) one member with at least 5 years of experience as a |
17 | | licensed physician or clinical psychologist with expertise |
18 | | in the diagnosis and treatment of mental illness. |
19 | | (b) The initial terms of the commissioners shall end on |
20 | | January 12, 2015. Notwithstanding any provision in this |
21 | | Section to the contrary, the term
of office of each |
22 | | commissioner of the Concealed Carry Licensing Review Board is |
23 | | abolished on
the effective date of this amendatory Act of the |
24 | | 102nd General Assembly. The terms of the commissioners |
25 | | appointed on or after
the effective date of this amendatory |
26 | | Act of the 102nd General Assembly shall be as follows: one of
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1 | | the initial members shall be appointed for a term of one year, |
2 | | 3 shall be
appointed for terms of 2 years, and 3 shall be |
3 | | appointed for terms of 4 years. Thereafter, the commissioners |
4 | | shall hold office for 4 years, with terms expiring on the |
5 | | second Monday in January of the fourth year. Commissioners may |
6 | | be reappointed. Vacancies in the office of commissioner shall |
7 | | be filled in the same manner as the original appointment, for |
8 | | the remainder of the unexpired term. The Governor may remove a |
9 | | commissioner for incompetence, neglect of duty, malfeasance, |
10 | | or inability to serve. Commissioners shall receive |
11 | | compensation in an amount equal to the compensation of members |
12 | | of the Executive Ethics Commission and may be reimbursed for |
13 | | reasonable expenses actually incurred in the performance of |
14 | | their Board duties, from funds appropriated for that purpose. |
15 | | (c) The Board shall meet at the call of the chairperson as |
16 | | often as necessary to consider objections to applications for |
17 | | a license under this Act. If necessary to ensure the |
18 | | participation of a commissioner, the Board shall allow a |
19 | | commissioner to participate in a Board meeting by electronic |
20 | | communication. Any commissioner participating electronically |
21 | | shall be deemed present for purposes of establishing a quorum |
22 | | and voting. |
23 | | (d) The Board shall adopt rules for the review of |
24 | | objections and the conduct of hearings. The Board shall |
25 | | maintain a record of its decisions and all materials |
26 | | considered in making its decisions. All Board decisions and |
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1 | | voting records shall be kept confidential and all materials |
2 | | considered by the Board shall be exempt from inspection except |
3 | | upon order of a court. |
4 | | (e) In considering an objection of a law enforcement |
5 | | agency or the Department, the Board shall review the materials |
6 | | received with the objection from the law enforcement agency or |
7 | | the Department. By a vote of at least 4 commissioners, the |
8 | | Board may request additional information from the law |
9 | | enforcement agency, Department, or the applicant, or the |
10 | | testimony of the law enforcement agency, Department, or the |
11 | | applicant. The Board may require that the applicant submit |
12 | | electronic fingerprints to the Department for an updated |
13 | | background check where the Board determines it lacks |
14 | | sufficient information to determine eligibility. The Board may |
15 | | only consider information submitted by the Department, a law |
16 | | enforcement agency, or the applicant. The Board shall review |
17 | | each objection and determine by a majority of commissioners |
18 | | whether an applicant is eligible for a license. |
19 | | (f) The Board shall issue a decision within 30 days of |
20 | | receipt of the objection from the Department. However, the |
21 | | Board need not issue a decision within 30 days if: |
22 | | (1) the Board requests information from the applicant, |
23 | | including but not limited to electronic fingerprints to be |
24 | | submitted to the Department, in accordance with subsection |
25 | | (e) of this Section, in which case the Board shall make a |
26 | | decision within 30 days of receipt of the required |
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1 | | information from the applicant; |
2 | | (2) the applicant agrees, in writing, to allow the |
3 | | Board additional time to consider an objection; or |
4 | | (3) the Board notifies the applicant and the |
5 | | Department that the Board needs an additional 30 days to |
6 | | issue a decision. |
7 | | (g) If the Board determines by a preponderance of the |
8 | | evidence that the applicant poses a danger to himself or |
9 | | herself or others, or is a threat to public safety, then the |
10 | | Board shall affirm the objection of the law enforcement agency |
11 | | or the Department and shall notify the Department that the |
12 | | applicant is ineligible for a license. If the Board does not |
13 | | determine by a preponderance of the evidence that the |
14 | | applicant poses a danger to himself or herself or others, or is |
15 | | a threat to public safety, then the Board shall notify the |
16 | | Department that the applicant is eligible for a license. |
17 | | (h) Meetings of the Board shall not be subject to the Open |
18 | | Meetings Act and records of the Board shall not be subject to |
19 | | the Freedom of Information Act. |
20 | | (i) The Board shall report monthly to the Governor and the |
21 | | General Assembly on the number of objections received and |
22 | | provide details of the circumstances in which the Board has |
23 | | determined to deny licensure based on law enforcement or |
24 | | Department objections under Section 15 of this Act. The report |
25 | | shall not contain any identifying information about the |
26 | | applicants.
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1 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) |
2 | | (430 ILCS 66/30)
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3 | | Sec. 30. Contents of license application. |
4 | | (a) The license application shall be in writing, under |
5 | | penalty of perjury, on a standard form adopted by the |
6 | | Department and shall be accompanied by the documentation |
7 | | required in this Section and the applicable fee. Each |
8 | | application form shall include the following statement printed |
9 | | in bold type: "Warning: Entering false information on this |
10 | | form is punishable as perjury under Section 32-2 of the |
11 | | Criminal Code of 2012." |
12 | | (b) The application shall contain the following: |
13 | | (1) the applicant's name, current address, date and |
14 | | year of birth, place of birth, height, weight, hair color, |
15 | | eye color, maiden name or any other name the applicant has |
16 | | used or identified with, and any address where the |
17 | | applicant resided for more than 30 days within the 10 |
18 | | years preceding the date of the license application; |
19 | | (2) the applicant's valid driver's license number or |
20 | | valid state identification card number; |
21 | | (3) a waiver of the applicant's privacy and |
22 | | confidentiality rights and privileges under all federal |
23 | | and state laws, including those limiting access to |
24 | | juvenile court, criminal justice, psychological, or |
25 | | psychiatric records or records relating to any |
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1 | | institutionalization of the applicant, and an affirmative |
2 | | request that a person having custody of any of these |
3 | | records provide it or information concerning it to the |
4 | | Department. The waiver only applies to records sought in |
5 | | connection with determining whether the applicant |
6 | | qualifies for a license to carry a concealed firearm under |
7 | | this Act, or whether the applicant remains in compliance |
8 | | with the Firearm Owners Identification Card Act; |
9 | | (4) an affirmation that the applicant possesses a |
10 | | currently valid Firearm Owner's Identification Card and |
11 | | card number if possessed or notice the applicant is |
12 | | applying for a Firearm Owner's Identification Card in |
13 | | conjunction with the license application; |
14 | | (5) an affirmation that the applicant has not been |
15 | | convicted or found guilty of: |
16 | | (A) a felony; |
17 | | (B) a misdemeanor involving the use or threat of |
18 | | physical force or violence to any person within the 5 |
19 | | years preceding the date of the application; or |
20 | | (C) 2 or more violations related to driving while |
21 | | under the influence of alcohol, other drug or drugs, |
22 | | intoxicating compound or compounds, or any combination |
23 | | thereof, within the 5 years preceding the date of the |
24 | | license application; and |
25 | | (6) whether the applicant has failed a drug test for a |
26 | | drug for which the applicant did not have a prescription, |
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1 | | within the previous year, and if so, the provider of the |
2 | | test, the specific substance involved, and the date of the |
3 | | test; |
4 | | (7) written consent for the Department to review and |
5 | | use the applicant's Illinois digital driver's license or |
6 | | Illinois identification card photograph and signature; |
7 | | (8) unless submitted under subsection (a-25) of |
8 | | Section 4 of the Firearm Owners Identification Card Act, a |
9 | | full set of fingerprints submitted to the Department in |
10 | | electronic format, provided the Department may accept an |
11 | | application submitted without a set of fingerprints in |
12 | | which case the Department shall be granted 30 days in |
13 | | addition to the 90 days provided under subsection (e) of |
14 | | Section 10 of this Act to issue or deny a license; |
15 | | (9) a head and shoulder color photograph in a size |
16 | | specified by the Department taken within the 30 days |
17 | | preceding the date of the license application; and |
18 | | (10) a photocopy of any certificates or other evidence |
19 | | of compliance with the training requirements under this |
20 | | Act.
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21 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) |
22 | | (430 ILCS 66/50)
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23 | | Sec. 50. License renewal. |
24 | | (a) This subsection (a) applies through the 180th day |
25 | | following the effective date of this amendatory Act of the |
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1 | | 101st General Assembly. The Illinois State Police shall, 180 |
2 | | days prior to the expiration of a concealed carry license |
3 | | notify each person whose license is to expire a notification |
4 | | of the expiration of the license and instructions for renewal. |
5 | | Applications for renewal of a license shall be made to the |
6 | | Department. A license shall be renewed for a period of 5 years |
7 | | upon receipt of a completed renewal application, completion of |
8 | | 3 hours of training required under Section 75 of this Act, |
9 | | payment of the applicable renewal fee, and completion of an |
10 | | investigation under Section 35 of this Act. The renewal |
11 | | application shall contain the information required in Section |
12 | | 30 of this Act, except that the applicant need not resubmit a |
13 | | full set of fingerprints. |
14 | | (b) This subsection (b) applies on and after the 181st day |
15 | | following the effective date of this amendatory Act of the |
16 | | 101st General Assembly. Applications for renewal of a license |
17 | | shall be made to the Department. A license shall be renewed for |
18 | | a period of 5 years from the date of expiration on the |
19 | | applicant's current license upon the receipt of a completed |
20 | | renewal application, completion of 3 hours of training |
21 | | required under Section 75 of this Act, payment of the |
22 | | applicable renewal fee, and completion of an investigation |
23 | | under Section 35 of this Act. The renewal application shall |
24 | | contain the information required in Section 30 of this Act, |
25 | | except that the applicant need not resubmit a full set of |
26 | | fingerprints.
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1 | | (Source: P.A. 101-80, eff. 7-12-19.) |
2 | | (430 ILCS 66/55)
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3 | | Sec. 55. Change of address or name; lost, destroyed, or |
4 | | stolen licenses. |
5 | | (a) A licensee shall notify the Department within 30 days |
6 | | of moving or changing residence or any change of name. The |
7 | | licensee shall submit the requisite fee and the Department may |
8 | | require a notarized statement that the licensee has
changed |
9 | | his or her residence or his or her name, including the prior |
10 | | and current address or name and the date the applicant moved or |
11 | | changed his or her name. |
12 | | (b) A licensee shall notify the Department within 10 days |
13 | | of discovering that a license has been lost, destroyed, or |
14 | | stolen. A lost, destroyed, or stolen license is invalid. To |
15 | | request a replacement license, the licensee shall submit: |
16 | | (1) a written or electronic acknowledgment notarized |
17 | | statement that the licensee no longer possesses the |
18 | | license, and that it was lost, destroyed, or stolen; |
19 | | (2) if applicable, a copy of a police report stating |
20 | | that the license was stolen; and |
21 | | (3) the requisite fee. |
22 | | (c) A violation of this Section is a petty offense with a |
23 | | fine of $150 which shall be deposited into the Mental Health |
24 | | Reporting Fund.
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25 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) |
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1 | | (430 ILCS 66/66 new) |
2 | | Sec. 66. Illinois State Police to monitor databases for |
3 | | firearms prohibitors. The Illinois State Police shall |
4 | | continuously monitor relevant State and federal databases for |
5 | | firearms prohibitors and correlate those records with |
6 | | concealed carry license holders to ensure compliance with this |
7 | | Act and any other State and federal laws. As used in this |
8 | | Section, "firearms prohibitor" means any factor listed in |
9 | | Section 8 or Section 8.2 of the Firearm Owners Identification |
10 | | Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 |
11 | | that prohibits a person from transferring or possessing a |
12 | | firearm, firearm ammunition, Firearm Owner's Identification |
13 | | Card, or concealed carry license. |
14 | | (430 ILCS 66/70) |
15 | | Sec. 70. Violations. |
16 | | (a) A license issued or renewed under this Act shall be |
17 | | revoked if, at any time, the licensee is found to be ineligible |
18 | | for a license under this Act or the licensee no longer meets |
19 | | the eligibility requirements of the Firearm Owners |
20 | | Identification Card Act. |
21 | | (b) A license shall be suspended if an order of |
22 | | protection, including an emergency order of protection, |
23 | | plenary order of protection, or interim order of protection |
24 | | under Article 112A of the Code of Criminal Procedure of 1963 or |
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1 | | under the Illinois Domestic Violence Act of 1986, or if a |
2 | | firearms restraining order, including an emergency firearms |
3 | | restraining order, under the Firearms Restraining Order Act, |
4 | | is issued against a licensee for the duration of the order, or |
5 | | if the Department is made aware of a similar order issued |
6 | | against the licensee in any other jurisdiction. If an order of |
7 | | protection is issued against a licensee, the licensee shall |
8 | | surrender the license, as applicable, to the court at the time |
9 | | the order is entered or to the law enforcement agency or entity |
10 | | serving process at the time the licensee is served the order. |
11 | | The court, law enforcement agency, or entity responsible for |
12 | | serving the order of protection shall notify the Department |
13 | | within 7 days and transmit the license to the Department. |
14 | | (c) A license is invalid upon expiration of the license, |
15 | | unless the licensee has submitted an application to renew the |
16 | | license, and the applicant is otherwise eligible to possess a |
17 | | license under this Act. |
18 | | (d) A licensee shall not carry a concealed firearm while |
19 | | under the influence of alcohol, other drug or drugs, |
20 | | intoxicating compound or combination of compounds, or any |
21 | | combination thereof, under the standards set forth in |
22 | | subsection (a) of Section 11-501 of the Illinois Vehicle Code. |
23 | | A licensee in violation of this subsection (d) shall be |
24 | | guilty of a Class A misdemeanor for a first or second violation |
25 | | and a Class 4 felony for a third violation. The Department may |
26 | | suspend a license for up to 6 months for a second violation and |
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1 | | shall permanently revoke a license for a third violation. |
2 | | (e) Except as otherwise provided, a licensee in violation |
3 | | of this Act shall be guilty of a Class B misdemeanor. A second |
4 | | or subsequent violation is a Class A misdemeanor. The |
5 | | Department may suspend a license for up to 6 months for a |
6 | | second violation and shall permanently revoke a license for 3 |
7 | | or more violations of Section 65 of this Act. Any person |
8 | | convicted of a violation under this Section shall pay a $150 |
9 | | fee to be deposited into the Mental Health Reporting Fund, |
10 | | plus any applicable court costs or fees. |
11 | | (f) A licensee convicted or found guilty of a violation of |
12 | | this Act who has a valid license and is otherwise eligible to |
13 | | carry a concealed firearm shall only be subject to the |
14 | | penalties under this Section and shall not be subject to the |
15 | | penalties under Section 21-6, paragraph (4), (8), or (10) of |
16 | | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) |
17 | | of paragraph (3) of subsection (a) of Section 24-1.6 of the |
18 | | Criminal Code of 2012. Except as otherwise provided in this |
19 | | subsection, nothing in this subsection prohibits the licensee |
20 | | from being subjected to penalties for violations other than |
21 | | those specified in this Act. |
22 | | (g) A licensee whose license is revoked, suspended, or |
23 | | denied shall, within 48 hours of receiving notice of the |
24 | | revocation, suspension, or denial, surrender his or her |
25 | | concealed carry license to the local law enforcement agency |
26 | | where the person resides. The local law enforcement agency |
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1 | | shall provide the licensee a receipt and transmit the |
2 | | concealed carry license to the Department of State Police. If |
3 | | the licensee whose concealed carry license has been revoked, |
4 | | suspended, or denied fails to comply with the requirements of |
5 | | this subsection, the law enforcement agency where the person |
6 | | resides may petition the circuit court to issue a warrant to |
7 | | search for and seize the concealed carry license in the |
8 | | possession and under the custody or control of the licensee |
9 | | whose concealed carry license has been revoked, suspended, or |
10 | | denied. The observation of a concealed carry license in the |
11 | | possession of a person whose license has been revoked, |
12 | | suspended, or denied constitutes a sufficient basis for the |
13 | | arrest of that person for violation of this subsection. A |
14 | | violation of this subsection is a Class A misdemeanor. |
15 | | (h) Except as otherwise provided in subsection (h-5), a A |
16 | | license issued or renewed under this Act shall be revoked if, |
17 | | at any time, the licensee is found ineligible for a Firearm |
18 | | Owner's Identification Card, or the licensee no longer |
19 | | possesses a valid Firearm Owner's Identification Card. If the |
20 | | Firearm Owner's Identification Card is expired or suspended |
21 | | rather than denied or revoked, the license may be suspended |
22 | | for a period of up to one year to allow the licensee to |
23 | | reinstate his or her Firearm Owner's Identification Card. The |
24 | | Illinois State Police shall adopt rules to enforce this |
25 | | subsection. A licensee whose license is revoked under this |
26 | | subsection (h) shall surrender his or her concealed carry |
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1 | | license as provided for in subsection (g) of this Section. |
2 | | This subsection shall not apply to a person who has filed |
3 | | an application with the State Police for renewal of a Firearm
|
4 | | Owner's Identification Card and who is not otherwise |
5 | | ineligible to obtain a Firearm Owner's Identification Card.
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6 | | (h-5) If the Firearm Owner's Identification Card of a
|
7 | | licensee under this Act expires during the term of the license
|
8 | | issued under this Act, the license and the Firearm Owner's
|
9 | | Identification Card remain valid, and the Illinois State |
10 | | Police
may automatically renew the licensee's Firearm Owner's
|
11 | | Identification Card as provided in subsection (c) of Section 5
|
12 | | of the Firearm Owners Identification Card Act. |
13 | | (i) A certified firearms instructor who knowingly provides |
14 | | or offers to provide a false certification that an applicant |
15 | | has completed firearms training as required under this Act is |
16 | | guilty of a Class A misdemeanor. A person guilty of a violation |
17 | | of this subsection (i) is not eligible for court supervision. |
18 | | The Department shall permanently revoke the firearms |
19 | | instructor certification of a person convicted under this |
20 | | subsection (i). |
21 | | (Source: P.A. 100-607, eff. 1-1-19 .) |
22 | | Section 26. The Firearms Restraining Order Act is amended |
23 | | by changing Sections 35 and 40 as follows: |
24 | | (430 ILCS 67/35)
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1 | | Sec. 35. Ex parte orders and emergency hearings.
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2 | | (a) A petitioner may request an emergency firearms |
3 | | restraining order by filing an affidavit or verified pleading |
4 | | alleging that the respondent poses an immediate and present |
5 | | danger of causing personal injury to himself, herself, or |
6 | | another by having in his or her custody or control, |
7 | | purchasing, possessing, or receiving a firearm. The petition |
8 | | shall also describe the type and location of any firearm or |
9 | | firearms presently believed by the petitioner to be possessed |
10 | | or controlled by the respondent.
|
11 | | (b) If the respondent is alleged to pose an immediate and |
12 | | present danger of causing personal injury to an intimate |
13 | | partner, or an intimate partner is alleged to have been the |
14 | | target of a threat or act of violence by the respondent, the |
15 | | petitioner shall make a good faith effort to provide notice to |
16 | | any and all intimate partners of the respondent. The notice |
17 | | must include that the petitioner intends to petition the court |
18 | | for an emergency firearms restraining order, and, if the |
19 | | petitioner is a law enforcement officer, referral to relevant |
20 | | domestic violence or stalking advocacy or counseling |
21 | | resources, if appropriate. The petitioner shall attest to |
22 | | having provided the notice in the filed affidavit or verified |
23 | | pleading. If, after making a good faith effort, the petitioner |
24 | | is unable to provide notice to any or all intimate partners, |
25 | | the affidavit or verified pleading should describe what |
26 | | efforts were made. |
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1 | | (c) Every person who files a petition for an emergency |
2 | | firearms restraining order, knowing the information provided |
3 | | to the court at any hearing or in the affidavit or verified |
4 | | pleading to be false, is guilty of perjury under Section 32-2 |
5 | | of the Criminal Code of 2012.
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6 | | (d) An emergency firearms restraining order shall be |
7 | | issued on an ex parte basis, that is, without notice to the |
8 | | respondent.
|
9 | | (e) An emergency hearing held on an ex parte basis shall be |
10 | | held the same day that the petition is filed or the next day |
11 | | that the court is in session.
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12 | | (f) If a circuit or associate judge finds probable cause |
13 | | to believe that the respondent poses an immediate and present |
14 | | danger of causing personal injury to himself, herself, or |
15 | | another by having in his or her custody or control, |
16 | | purchasing, possessing, or receiving a firearm, the circuit or |
17 | | associate judge shall issue an emergency order.
|
18 | | (f-5) If the court issues an emergency firearms |
19 | | restraining order, it shall, upon a finding of probable cause |
20 | | that the respondent possesses firearms, issue a search warrant |
21 | | directing a law enforcement agency to seize the respondent's |
22 | | firearms. The court may, as part of that warrant, direct the |
23 | | law enforcement agency to search the respondent's residence |
24 | | and other places where the court finds there is probable cause |
25 | | to believe he or she is likely to possess the firearms. |
26 | | (g) An emergency firearms restraining order shall require:
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1 | | (1) the respondent to refrain from having in his or |
2 | | her custody or control, purchasing, possessing, or |
3 | | receiving additional firearms for the duration of the |
4 | | order under Section 8.2 of the Firearm Owners |
5 | | Identification Card Act ;
and |
6 | | (2) the respondent to comply with Section 9.5 of the |
7 | | Firearm Owners Identification Card Act turn over to the |
8 | | local law enforcement agency any Firearm Owner's |
9 | | Identification Card and subsection (g) of Section 70 of |
10 | | the Firearm Concealed Carry Act concealed carry license in |
11 | | his or her possession. The local law enforcement agency |
12 | | shall immediately mail the card and concealed carry |
13 | | license to the Department of State Police Firearm Services |
14 | | Bureau for safekeeping. The firearm or firearms and |
15 | | Firearm Owner's Identification Card and concealed carry |
16 | | license, if unexpired, shall be returned to the respondent |
17 | | after the firearms restraining order is terminated or |
18 | | expired . |
19 | | (h) Except as otherwise provided in subsection (h-5) of |
20 | | this Section, upon expiration of the period of safekeeping, if |
21 | | the firearms or Firearm Owner's Identification Card and |
22 | | concealed carry license cannot be returned to the respondent |
23 | | because the respondent cannot be located, fails to respond to |
24 | | requests to retrieve the firearms, or is not lawfully eligible |
25 | | to possess a firearm, upon petition from the local law |
26 | | enforcement agency, the court may order the local law |
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1 | | enforcement agency to destroy the firearms, use the firearms |
2 | | for training purposes, or use the firearms for any other |
3 | | application as deemed appropriate by the local law enforcement |
4 | | agency.
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5 | | (h-5) On or before January 1, 2022, a A respondent whose |
6 | | Firearm Owner's Identification Card has been revoked or |
7 | | suspended may petition the court, if the petitioner is present |
8 | | in court or has notice of the respondent's petition, to |
9 | | transfer the respondent's firearm to a person who is lawfully |
10 | | able to possess the firearm if the person does not reside at |
11 | | the same address as the respondent. Notice of the petition |
12 | | shall be served upon the person protected by the emergency |
13 | | firearms restraining order. While the order is in effect, the |
14 | | transferee who receives the respondent's firearms must swear |
15 | | or affirm by affidavit that he or she shall not transfer the |
16 | | firearm to the respondent or to anyone residing in the same |
17 | | residence as the respondent. |
18 | | (h-6) If a person other than the respondent claims title |
19 | | to any firearms surrendered under this Section, he or she may |
20 | | petition the court, if the petitioner is present in court or |
21 | | has notice of the petition, to have the firearm returned to him |
22 | | or her. If the court determines that person to be the lawful |
23 | | owner of the firearm, the firearm shall be returned to him or |
24 | | her, provided that: |
25 | | (1) the firearm is removed from the respondent's |
26 | | custody, control, or possession and the lawful owner |
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1 | | agrees to store the firearm in a manner such that the |
2 | | respondent does not have access to or control of the |
3 | | firearm; and |
4 | | (2) the firearm is not otherwise unlawfully possessed |
5 | | by the owner. |
6 | | The person petitioning for the return of his or her |
7 | | firearm must swear or affirm by affidavit that he or she: (i) |
8 | | is the lawful owner of the firearm; (ii) shall not transfer the |
9 | | firearm to the respondent; and (iii) will store the firearm in |
10 | | a manner that the respondent does not have access to or control |
11 | | of the firearm. |
12 | | (i) In accordance with subsection (e) of this Section, the |
13 | | court shall schedule a full hearing as soon as possible, but no |
14 | | longer than 14 days from the issuance of an ex parte firearms |
15 | | restraining order, to determine if a 6-month firearms |
16 | | restraining order shall be issued. The court may extend an ex |
17 | | parte order as needed, but not to exceed 14 days, to effectuate |
18 | | service of the order or if necessary to continue protection. |
19 | | The court may extend the order for a greater length of time by |
20 | | mutual agreement of the parties.
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21 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) |
22 | | (430 ILCS 67/40)
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23 | | Sec. 40. Six-month orders.
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24 | | (a) A petitioner may request a 6-month firearms |
25 | | restraining order by filing an affidavit or verified pleading |
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1 | | alleging that the respondent poses a significant danger of |
2 | | causing personal injury to himself, herself, or another in the |
3 | | near future by having in his or her custody or control, |
4 | | purchasing, possessing, or receiving a firearm. The petition |
5 | | shall also describe the number, types, and locations of any |
6 | | firearms presently believed by the petitioner to be possessed |
7 | | or controlled by the respondent.
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8 | | (b) If the respondent is alleged to pose a significant |
9 | | danger of causing personal injury to an intimate partner, or |
10 | | an intimate partner is alleged to have been the target of a |
11 | | threat or act of violence by the respondent, the petitioner |
12 | | shall make a good faith effort to provide notice to any and all |
13 | | intimate partners of the respondent. The notice must include |
14 | | that the petitioner intends to petition the court for a |
15 | | 6-month firearms restraining order, and, if the petitioner is |
16 | | a law enforcement officer, referral to relevant domestic |
17 | | violence or stalking advocacy or counseling resources, if |
18 | | appropriate. The petitioner shall attest to having provided |
19 | | the notice in the filed affidavit or verified pleading. If, |
20 | | after making a good faith effort, the petitioner is unable to |
21 | | provide notice to any or all intimate partners, the affidavit |
22 | | or verified pleading should describe what efforts were made. |
23 | | (c) Every person who files a petition for a 6-month |
24 | | firearms restraining order, knowing the information provided |
25 | | to the court at any hearing or in the affidavit or verified |
26 | | pleading to be false, is guilty of perjury under Section 32-2 |
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1 | | of the Criminal Code of 2012.
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2 | | (d) Upon receipt of a petition for a 6-month firearms |
3 | | restraining order, the court shall order a hearing within 30 |
4 | | days.
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5 | | (e) In determining whether to issue a firearms restraining |
6 | | order under this Section, the court shall consider evidence |
7 | | including, but not limited to, the following:
|
8 | | (1) The unlawful and reckless use, display, or |
9 | | brandishing of a firearm by the respondent.
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10 | | (2) The history of use, attempted use, or threatened |
11 | | use of physical force by the respondent against another |
12 | | person.
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13 | | (3) Any prior arrest of the respondent for a felony |
14 | | offense. |
15 | | (4) Evidence of the abuse of controlled substances or |
16 | | alcohol by the respondent. |
17 | | (5) A recent threat of violence or act of violence by |
18 | | the respondent directed toward himself, herself, or |
19 | | another. |
20 | | (6) A violation of an emergency order of protection |
21 | | issued under Section 217 of the Illinois Domestic Violence |
22 | | Act of 1986 or Section 112A-17 of the Code of Criminal |
23 | | Procedure of 1963 or of an order of protection issued |
24 | | under Section 214 of the Illinois Domestic Violence Act of |
25 | | 1986 or Section 112A-14 of the Code of Criminal Procedure |
26 | | of 1963.
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1 | | (7) A pattern of violent acts or violent threats, |
2 | | including, but not limited to, threats of violence or acts |
3 | | of violence by the respondent directed toward himself, |
4 | | herself, or another. |
5 | | (f) At the hearing, the petitioner shall have the burden |
6 | | of proving, by clear and convincing evidence, that the |
7 | | respondent poses a significant danger of personal injury to |
8 | | himself, herself, or another by having in his or her custody or |
9 | | control, purchasing, possessing, or receiving a firearm. |
10 | | (g) If the court finds that there is clear and convincing |
11 | | evidence to issue a firearms restraining order, the court |
12 | | shall issue a firearms restraining order that shall be in |
13 | | effect for 6 months subject to renewal under Section 45 of this |
14 | | Act or termination under that Section. |
15 | | (g-5) If the court issues a 6-month firearms restraining |
16 | | order, it shall, upon a finding of probable cause that the |
17 | | respondent possesses firearms, issue a search warrant |
18 | | directing a law enforcement agency to seize the respondent's |
19 | | firearms. The court may, as part of that warrant, direct the |
20 | | law enforcement agency to search the respondent's residence |
21 | | and other places where the court finds there is probable cause |
22 | | to believe he or she is likely to possess the firearms. |
23 | | (h) A 6-month firearms restraining order shall require: |
24 | | (1) the respondent to refrain from having in his or |
25 | | her custody or control, purchasing, possessing, or |
26 | | receiving additional firearms for the duration of the |
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1 | | order under Section 8.2 of the Firearm Owners |
2 | | Identification Card Act ; and |
3 | | (2) the respondent to comply with Section 9.5 of the |
4 | | Firearm Owners Identification Card Act and subsection (g) |
5 | | of Section 70 of the Firearm Concealed Carry Act turn over |
6 | | to the local law enforcement agency any firearm or Firearm |
7 | | Owner's Identification Card and concealed carry license in |
8 | | his or her possession . The local law enforcement agency |
9 | | shall immediately mail the card and concealed carry |
10 | | license to the Department of State Police Firearm Services |
11 | | Bureau for safekeeping. The firearm or firearms and |
12 | | Firearm Owner's Identification Card and concealed carry |
13 | | license, if unexpired, shall be returned to the respondent |
14 | | after the firearms restraining order is terminated or |
15 | | expired. |
16 | | (i) Except as otherwise provided in subsection (i-5) of |
17 | | this Section, upon expiration of the period of safekeeping, if |
18 | | the firearms or Firearm Owner's Identification Card cannot be |
19 | | returned to the respondent because the respondent cannot be |
20 | | located, fails to respond to requests to retrieve the |
21 | | firearms, or is not lawfully eligible to possess a firearm, |
22 | | upon petition from the local law enforcement agency, the court |
23 | | may order the local law enforcement agency to destroy the |
24 | | firearms, use the firearms for training purposes, or use the |
25 | | firearms for any other application as deemed appropriate by |
26 | | the local law enforcement agency. |
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1 | | (i-5) A respondent whose Firearm Owner's Identification |
2 | | Card has been revoked or suspended may petition the court, if |
3 | | the petitioner is present in court or has notice of the |
4 | | respondent's petition, to transfer the respondent's firearm to |
5 | | a person who is lawfully able to possess the firearm if the |
6 | | person does not reside at the same address as the respondent. |
7 | | Notice of the petition shall be served upon the person |
8 | | protected by the emergency firearms restraining order. While |
9 | | the order is in effect, the transferee who receives the |
10 | | respondent's firearms must swear or affirm by affidavit that |
11 | | he or she shall not transfer the firearm to the respondent or |
12 | | to anyone residing in the same residence as the respondent. |
13 | | (i-6) If a person other than the respondent claims title |
14 | | to any firearms surrendered under this Section, he or she may |
15 | | petition the court, if the petitioner is present in court or |
16 | | has notice of the petition, to have the firearm returned to him |
17 | | or her. If the court determines that person to be the lawful |
18 | | owner of the firearm, the firearm shall be returned to him or |
19 | | her, provided that: |
20 | | (1) the firearm is removed from the respondent's |
21 | | custody, control, or possession and the lawful owner |
22 | | agrees to store the firearm in a manner such that the |
23 | | respondent does not have access to or control of the |
24 | | firearm; and |
25 | | (2) the firearm is not otherwise unlawfully possessed |
26 | | by the owner. |
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1 | | The person petitioning for the return of his or her |
2 | | firearm must swear or affirm by affidavit that he or she: (i) |
3 | | is the lawful owner of the firearm; (ii) shall not transfer the |
4 | | firearm to the respondent; and (iii) will store the firearm in |
5 | | a manner that the respondent does not have access to or control |
6 | | of the firearm. |
7 | | (j) If the court does not issue a firearms restraining |
8 | | order at the hearing, the court shall dissolve any emergency |
9 | | firearms restraining order then in effect. |
10 | | (k) When the court issues a firearms restraining order |
11 | | under this Section, the court shall inform the respondent that |
12 | | he or she is entitled to one hearing during the period of the |
13 | | order to request a termination of the order, under Section 45 |
14 | | of this Act, and shall provide the respondent with a form to |
15 | | request a hearing.
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16 | | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) |
17 | | Section 27. The Wildlife Code is amended by changing |
18 | | Sections 2.11, 2.26, 2.33, and 2.34 as follows:
|
19 | | (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
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20 | | Sec. 2.11. Before any person may lawfully hunt wild |
21 | | turkey, he shall first
obtain a "Wild Turkey Hunting Permit" |
22 | | in accordance with the prescribed
regulations set forth in an |
23 | | administrative rule of the Department. The
fee for a Resident |
24 | | Wild Turkey Hunting Permit shall not exceed $15.
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1 | | Upon submitting suitable evidence of legal residence in |
2 | | any other state,
non-residents shall be charged a fee not to |
3 | | exceed $125 for wild
turkey hunting
permits.
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4 | | The Department may by administrative rule allocate and |
5 | | issue non-resident
Wild Turkey Permits and establish fees for |
6 | | such permits.
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7 | | It shall be unlawful to take wild turkey except by use of a |
8 | | bow and arrow
or a shotgun of not larger than 10 nor smaller |
9 | | than 20 gauge with shot
size not larger than No. 4, and no |
10 | | person while attempting to so take
wild turkey may have in his |
11 | | possession any other gun unless in accordance with the Firearm |
12 | | Concealed Carry Act .
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13 | | It shall be unlawful to take, or attempt to take wild |
14 | | turkey except
during the time from 1/2 hour before sunrise to |
15 | | 1/2 hour after sunset or during
such lesser period of time as |
16 | | may be specified by administrative rule,
during those days for |
17 | | which an open season is established.
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18 | | It shall be unlawful for any person to take, or attempt to |
19 | | take, wild
turkey by use of dogs, horses, automobiles, |
20 | | aircraft or other vehicles,
or conveyances, or by the use or |
21 | | aid of bait or baiting of any kind. For the purposes of this |
22 | | Section, "bait" means any material, whether liquid or solid, |
23 | | including food, salt, minerals, and other products, except |
24 | | pure water, that can be ingested, placed, or scattered in such |
25 | | a manner as to attract or lure wild turkeys. "Baiting" means |
26 | | the placement or scattering of bait to attract wild turkeys. |
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1 | | An area is considered as baited during the presence of and for |
2 | | 10 consecutive days following the removal of the bait.
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3 | | It is unlawful for any person to take in Illinois or have |
4 | | in his possession
more than one wild turkey per valid permit.
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5 | | For the purposes of calculating acreage under this |
6 | | Section, the Department shall, after determining the total |
7 | | acreage of the applicable tract or tracts of land, round |
8 | | remaining fractional portions of an acre greater than or equal |
9 | | to half of an acre up to the next whole acre. |
10 | | For the purposes of taking wild turkey, nothing in this |
11 | | Section shall be construed to prevent the manipulation, |
12 | | including mowing or cutting, of standing crops as a normal |
13 | | agricultural or soil stabilization practice, food plots, or |
14 | | normal agricultural practices, including planting, harvesting, |
15 | | and maintenance such as cultivating. Such manipulation for the |
16 | | purpose of taking wild turkey may be further modified by |
17 | | administrative rule. |
18 | | (Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17 .)
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19 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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20 | | Sec. 2.26. Deer hunting permits. Any person attempting to |
21 | | take deer shall first obtain a "Deer
Hunting Permit" issued by |
22 | | the Department in accordance with its administrative rules.
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23 | | Those rules must provide for the issuance of the following |
24 | | types of resident deer archery permits: (i) a combination |
25 | | permit, consisting of one either-sex permit and one |
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1 | | antlerless-only permit, (ii) a single antlerless-only permit, |
2 | | and (iii) a single either-sex permit. The fee for a Deer |
3 | | Hunting Permit to take deer with either bow and arrow or gun
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4 | | shall not exceed $25.00 for residents of the State. The |
5 | | Department may by
administrative rule provide for non-resident |
6 | | deer hunting permits for which the
fee will not exceed $300 in |
7 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as |
8 | | provided below for non-resident landowners
and non-resident |
9 | | archery hunters. The Department may by
administrative rule |
10 | | provide for a non-resident archery deer permit consisting
of |
11 | | not more than 2 harvest tags at a total cost not to exceed $325 |
12 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The |
13 | | fees for a youth resident and non-resident archery deer permit |
14 | | shall be the same.
|
15 | | The Department shall create a pilot program during the |
16 | | special 3-day, youth-only deer hunting season to allow for |
17 | | youth deer hunting permits that are valid statewide, excluding |
18 | | those counties or portions of counties closed to firearm deer |
19 | | hunting. The Department shall adopt rules to implement the |
20 | | pilot program. Nothing in this paragraph shall be construed to |
21 | | prohibit the Department from issuing Special Hunt Area Permits |
22 | | for the youth-only deer hunting season or establishing, |
23 | | through administrative rule, additional requirements |
24 | | pertaining to the youth-only deer hunting season on |
25 | | Department-owned or Department-managed sites, including |
26 | | site-specific quotas or drawings. The provisions of this |
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1 | | paragraph are inoperative on and after January 1, 2023. |
2 | | The standards and specifications for use of guns and bow |
3 | | and arrow for
deer hunting shall be established by |
4 | | administrative rule.
|
5 | | No person may have in his or her possession any firearm not |
6 | | authorized by
administrative rule for a specific hunting |
7 | | season when taking deer unless in accordance with the Firearm |
8 | | Concealed Carry Act .
|
9 | | Persons having a firearm deer hunting permit shall be |
10 | | permitted to
take deer only during the period from 1/2 hour |
11 | | before sunrise to
1/2 hour after sunset, and only during those |
12 | | days for which an open season is
established for the taking of |
13 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
|
14 | | Persons having an archery deer hunting permit shall be |
15 | | permitted to
take deer only during the period from 1/2 hour |
16 | | before sunrise to 1/2 hour
after sunset, and only during those |
17 | | days for which an open season is
established for the taking of |
18 | | deer by use of bow and arrow.
|
19 | | It shall be unlawful for any person to take deer by use of |
20 | | dogs,
horses, automobiles, aircraft or other vehicles, or by |
21 | | the use
or aid of bait or baiting of any kind. For the purposes |
22 | | of this Section, "bait" means any material, whether liquid or |
23 | | solid, including food, salt, minerals, and other products, |
24 | | except pure water, that can be ingested, placed, or scattered |
25 | | in such a manner as to attract or lure white-tailed deer. |
26 | | "Baiting" means the placement or scattering of bait to attract |
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1 | | deer. An area is considered as baited during the presence
of |
2 | | and for 10 consecutive days following the removal of bait. |
3 | | Nothing in this Section shall prohibit the use of a dog to |
4 | | track wounded deer. Any person using a dog for tracking |
5 | | wounded deer must maintain physical control of the dog at all |
6 | | times by means of a maximum 50 foot lead attached to the dog's |
7 | | collar or harness. Tracking wounded deer is permissible at |
8 | | night, but at no time outside of legal deer hunting hours or |
9 | | seasons shall any person handling or accompanying a dog being |
10 | | used for tracking wounded deer be in possession of any firearm |
11 | | or archery device. Persons tracking wounded deer with a dog |
12 | | during the firearm deer seasons shall wear blaze orange or |
13 | | solid blaze pink color as required. Dog handlers tracking |
14 | | wounded deer with a dog are exempt from hunting license and |
15 | | deer permit requirements so long as they are accompanied by |
16 | | the licensed deer hunter who wounded the deer.
|
17 | | It shall be unlawful to possess or transport any wild deer |
18 | | which has
been injured or killed in any manner upon a public |
19 | | highway or public
right-of-way of this State unless exempted |
20 | | by administrative rule.
|
21 | | Persons hunting deer must have gun unloaded and no bow and |
22 | | arrow
device shall be carried with the arrow in the nocked |
23 | | position during
hours when deer hunting is unlawful.
|
24 | | It shall be unlawful for any person, having taken the |
25 | | legal limit of
deer by gun, to further participate with gun in |
26 | | any deer hunting party.
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1 | | It shall be unlawful for any person, having taken the |
2 | | legal limit
of deer by bow and arrow, to further participate |
3 | | with bow and arrow in any
deer hunting party.
|
4 | | The Department may prohibit upland game hunting during the |
5 | | gun deer
season by administrative rule.
|
6 | | The Department shall not limit the number of non-resident, |
7 | | either-sex archery deer hunting permits to less than 20,000.
|
8 | | Any person who violates any of the provisions of this |
9 | | Section,
including administrative rules, shall be guilty of a |
10 | | Class B misdemeanor.
|
11 | | For the purposes of calculating acreage under this |
12 | | Section, the Department shall, after determining the total |
13 | | acreage of the applicable tract or tracts of land, round |
14 | | remaining fractional portions of an acre greater than or equal |
15 | | to half of an acre up to the next whole acre. |
16 | | For the purposes of taking white-tailed deer, nothing in |
17 | | this Section shall be construed to prevent the manipulation, |
18 | | including mowing or cutting, of standing crops as a normal |
19 | | agricultural or soil stabilization practice, food plots, or |
20 | | normal agricultural practices, including planting, harvesting, |
21 | | and maintenance such as cultivating or the use of products |
22 | | designed for scent only and not capable of ingestion, solid or |
23 | | liquid, placed or scattered, in such a manner as to attract or |
24 | | lure deer. Such manipulation for the purpose of taking |
25 | | white-tailed deer may be further modified by administrative |
26 | | rule. |
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1 | | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; |
2 | | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20 .)
|
3 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
|
4 | | Sec. 2.33. Prohibitions.
|
5 | | (a) It is unlawful to carry or possess any gun in any
State |
6 | | refuge unless otherwise permitted by administrative rule.
|
7 | | (b) It is unlawful to use or possess any snare or |
8 | | snare-like device,
deadfall, net, or pit trap to take any |
9 | | species, except that snares not
powered by springs or other |
10 | | mechanical devices may be used to trap
fur-bearing mammals, in |
11 | | water sets only, if at least one-half of the snare
noose is |
12 | | located underwater at all times.
|
13 | | (c) It is unlawful for any person at any time to take a |
14 | | wild mammal
protected by this Act from its den by means of any |
15 | | mechanical device,
spade, or digging device or to use smoke or |
16 | | other gases to dislodge or
remove such mammal except as |
17 | | provided in Section 2.37.
|
18 | | (d) It is unlawful to use a ferret or any other small |
19 | | mammal which is
used in the same or similar manner for which |
20 | | ferrets are used for the
purpose of frightening or driving any |
21 | | mammals from their dens or hiding places.
|
22 | | (e) (Blank).
|
23 | | (f) It is unlawful to use spears, gigs, hooks or any like |
24 | | device to
take any species protected by this Act.
|
25 | | (g) It is unlawful to use poisons, chemicals or explosives |
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1 | | for the
purpose of taking any species protected by this Act.
|
2 | | (h) It is unlawful to hunt adjacent to or near any peat, |
3 | | grass,
brush or other inflammable substance when it is |
4 | | burning.
|
5 | | (i) It is unlawful to take, pursue or intentionally harass |
6 | | or disturb
in any manner any wild birds or mammals by use or |
7 | | aid of any vehicle or
conveyance, except as permitted by the |
8 | | Code of Federal Regulations for the
taking of waterfowl. It is |
9 | | also unlawful to use the lights of any vehicle
or conveyance or |
10 | | any light from or any light connected to the
vehicle or |
11 | | conveyance in any area where wildlife may be found except in
|
12 | | accordance with Section 2.37 of this Act; however, nothing in |
13 | | this
Section shall prohibit the normal use of headlamps for |
14 | | the purpose of driving
upon a roadway. Striped skunk, opossum, |
15 | | red fox, gray
fox, raccoon, bobcat, and coyote may be taken |
16 | | during the open season by use of a small
light which is worn on |
17 | | the body or hand-held by a person on foot and not in any
|
18 | | vehicle.
|
19 | | (j) It is unlawful to use any shotgun larger than 10 gauge |
20 | | while
taking or attempting to take any of the species |
21 | | protected by this Act.
|
22 | | (k) It is unlawful to use or possess in the field any |
23 | | shotgun shell loaded
with a shot size larger than lead BB or |
24 | | steel T (.20 diameter) when taking or
attempting to take any |
25 | | species of wild game mammals (excluding white-tailed
deer), |
26 | | wild game birds, migratory waterfowl or migratory game birds |
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1 | | protected
by this Act, except white-tailed deer as provided |
2 | | for in Section 2.26 and other
species as provided for by |
3 | | subsection (l) or administrative rule.
|
4 | | (l) It is unlawful to take any species of wild game, except
|
5 | | white-tailed deer and fur-bearing mammals, with a shotgun |
6 | | loaded with slugs unless otherwise
provided for by |
7 | | administrative rule.
|
8 | | (m) It is unlawful to use any shotgun capable of holding |
9 | | more than 3
shells in the magazine or chamber combined, except |
10 | | on game breeding and
hunting preserve areas licensed under |
11 | | Section 3.27 and except as permitted by
the Code of Federal |
12 | | Regulations for the taking of waterfowl. If the shotgun
is |
13 | | capable of holding more than 3 shells, it shall, while being |
14 | | used on an
area other than a game breeding and shooting |
15 | | preserve area licensed
pursuant to Section 3.27, be fitted |
16 | | with a one piece plug that is
irremovable without dismantling |
17 | | the shotgun or otherwise altered to
render it incapable of |
18 | | holding more than 3 shells in the magazine and
chamber, |
19 | | combined.
|
20 | | (n) It is unlawful for any person, except persons who |
21 | | possess a permit to
hunt from a vehicle as provided in this |
22 | | Section and persons otherwise permitted
by law, to have or |
23 | | carry any gun in or on any vehicle, conveyance or aircraft,
|
24 | | unless such gun is unloaded and enclosed in a case, except that |
25 | | at field trials
authorized by Section 2.34 of this Act, |
26 | | unloaded guns or guns loaded with blank
cartridges only, may |
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1 | | be carried on horseback while not contained in a case, or
to |
2 | | have or carry any bow or arrow device in or on any vehicle |
3 | | unless such bow
or arrow device is unstrung or enclosed in a |
4 | | case, or otherwise made
inoperable unless in accordance with |
5 | | the Firearm Concealed Carry Act .
|
6 | | (o) (Blank).
|
7 | | (p) It is unlawful to take game birds, migratory game |
8 | | birds or
migratory waterfowl with a rifle, pistol, revolver or |
9 | | airgun.
|
10 | | (q) It is unlawful to fire a rifle, pistol, revolver or |
11 | | airgun on,
over or into any waters of this State, including |
12 | | frozen waters.
|
13 | | (r) It is unlawful to discharge any gun or bow and arrow |
14 | | device
along, upon, across, or from any public right-of-way or |
15 | | highway in this State.
|
16 | | (s) It is unlawful to use a silencer or other device to |
17 | | muffle or
mute the sound of the explosion or report resulting |
18 | | from the firing of
any gun.
|
19 | | (t) It is unlawful for any person to take or attempt to |
20 | | take any species of wildlife or parts thereof, intentionally |
21 | | or wantonly allow a dog to
hunt, within or upon the land of |
22 | | another, or upon waters flowing over or
standing on the land of |
23 | | another, or to knowingly shoot a gun or bow and arrow device at |
24 | | any wildlife physically on or flying over the property of |
25 | | another without first obtaining permission from
the owner or |
26 | | the owner's designee. For the purposes of this Section, the |
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1 | | owner's designee means anyone who the owner designates in a |
2 | | written authorization and the authorization must contain (i) |
3 | | the legal or common description of property for such authority |
4 | | is given, (ii) the extent that the owner's designee is |
5 | | authorized to make decisions regarding who is allowed to take |
6 | | or attempt to take any species of wildlife or parts thereof, |
7 | | and (iii) the owner's notarized signature. Before enforcing |
8 | | this
Section the law enforcement officer must have received |
9 | | notice from the
owner or the owner's designee of a violation of |
10 | | this Section. Statements made to the
law enforcement officer |
11 | | regarding this notice shall not be rendered
inadmissible by |
12 | | the hearsay rule when offered for the purpose of showing the
|
13 | | required notice.
|
14 | | (u) It is unlawful for any person to discharge any firearm |
15 | | for the purpose
of taking any of the species protected by this |
16 | | Act, or hunt with gun or
dog, or intentionally or wantonly |
17 | | allow a dog to hunt, within 300 yards of an inhabited dwelling |
18 | | without
first obtaining permission from the owner or tenant, |
19 | | except that while
trapping, hunting with bow and arrow, |
20 | | hunting with dog and shotgun using shot
shells only, or |
21 | | hunting with shotgun using shot shells only, or providing |
22 | | outfitting services under a waterfowl outfitter permit, or
on |
23 | | licensed game breeding and hunting preserve areas, as defined |
24 | | in Section
3.27, on
federally owned and managed lands and on |
25 | | Department owned, managed, leased, or
controlled lands, a 100 |
26 | | yard restriction shall apply.
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1 | | (v) It is unlawful for any person to remove fur-bearing |
2 | | mammals from, or
to move or disturb in any manner, the traps |
3 | | owned by another person without
written authorization of the |
4 | | owner to do so.
|
5 | | (w) It is unlawful for any owner of a dog to knowingly or |
6 | | wantonly allow
his or her dog to pursue, harass or kill deer, |
7 | | except that nothing in this Section shall prohibit the |
8 | | tracking of wounded deer with a dog in accordance with the |
9 | | provisions of Section 2.26 of this Code.
|
10 | | (x) It is unlawful for any person to wantonly or |
11 | | carelessly injure
or destroy, in any manner whatsoever, any |
12 | | real or personal property on
the land of another while engaged |
13 | | in hunting or trapping thereon.
|
14 | | (y) It is unlawful to hunt wild game protected by this Act |
15 | | between one
half hour after sunset and one half hour before |
16 | | sunrise, except that
hunting hours between one half hour after |
17 | | sunset and one half hour
before sunrise may be established by |
18 | | administrative rule for fur-bearing
mammals.
|
19 | | (z) It is unlawful to take any game bird (excluding wild |
20 | | turkeys and
crippled pheasants not capable of normal flight |
21 | | and otherwise irretrievable)
protected by this Act when not |
22 | | flying. Nothing in this Section shall prohibit
a person from |
23 | | carrying an uncased, unloaded shotgun in a boat, while in |
24 | | pursuit
of a crippled migratory waterfowl that is incapable of |
25 | | normal flight, for the
purpose of attempting to reduce the |
26 | | migratory waterfowl to possession, provided
that the attempt |
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1 | | is made immediately upon downing the migratory waterfowl and
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2 | | is done within 400 yards of the blind from which the migratory |
3 | | waterfowl was
downed. This exception shall apply only to |
4 | | migratory game birds that are not
capable of normal flight. |
5 | | Migratory waterfowl that are crippled may be taken
only with a |
6 | | shotgun as regulated by subsection (j) of this Section using
|
7 | | shotgun shells as regulated in subsection (k) of this Section.
|
8 | | (aa) It is unlawful to use or possess any device that may |
9 | | be used for
tree climbing or cutting, while hunting |
10 | | fur-bearing mammals, excluding coyotes.
|
11 | | (bb) It is unlawful for any person, except licensed game |
12 | | breeders,
pursuant to Section 2.29 to import, carry into, or |
13 | | possess alive in this
State any species of wildlife taken |
14 | | outside of this State, without
obtaining permission to do so |
15 | | from the Director.
|
16 | | (cc) It is unlawful for any person to have in his or her
|
17 | | possession any freshly killed species protected by this Act |
18 | | during the season
closed for taking.
|
19 | | (dd) It is unlawful to take any species protected by this |
20 | | Act and retain
it alive except as provided by administrative |
21 | | rule.
|
22 | | (ee) It is unlawful to possess any rifle while in the field |
23 | | during gun
deer season except as provided in Section 2.26 and |
24 | | administrative rules.
|
25 | | (ff) It is unlawful for any person to take any species |
26 | | protected by
this Act, except migratory waterfowl, during the |
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1 | | gun deer hunting season in
those counties open to gun deer |
2 | | hunting, unless he or she wears, when in
the field, a cap and |
3 | | upper outer garment of a solid blaze orange color or solid |
4 | | blaze pink color, with
such articles of clothing displaying a |
5 | | minimum of 400 square inches of
blaze orange or solid blaze |
6 | | pink color material.
|
7 | | (gg) It is unlawful during the upland game season for any |
8 | | person to take
upland game with a firearm unless he or she |
9 | | wears, while in the field, a
cap of solid blaze orange color or |
10 | | solid blaze pink color. For purposes of this Act, upland game |
11 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked |
12 | | Pheasant, Eastern
Cottontail and Swamp Rabbit.
|
13 | | (hh) It shall be unlawful to kill or cripple any species |
14 | | protected by
this Act for which there is a bag limit without |
15 | | making a reasonable
effort to retrieve such species and |
16 | | include such in the bag limit. It shall be unlawful for any |
17 | | person having control over harvested game mammals, game birds, |
18 | | or migratory game birds for which there is a bag limit to |
19 | | wantonly waste or destroy the usable meat of the game, except |
20 | | this shall not apply to wildlife taken under Sections 2.37 or |
21 | | 3.22 of this Code. For purposes of this subsection, "usable |
22 | | meat" means the breast meat of a game bird or migratory game |
23 | | bird and the hind ham and front shoulders of a game mammal. It |
24 | | shall be unlawful for any person to place, leave, dump, or |
25 | | abandon a wildlife carcass or parts of it along or upon a |
26 | | public right-of-way or highway or on public or private |
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1 | | property, including a waterway or stream, without the |
2 | | permission of the owner or tenant. It shall not be unlawful to |
3 | | discard game meat that is determined to be unfit for human |
4 | | consumption.
|
5 | | (ii) This Section shall apply only to those species |
6 | | protected by this
Act taken within the State. Any species or |
7 | | any parts thereof, legally taken
in and transported from other |
8 | | states or countries, may be possessed
within the State, except |
9 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
|
10 | | (jj) (Blank).
|
11 | | (kk) Nothing contained in this Section shall prohibit the |
12 | | Director
from issuing permits to paraplegics or to other |
13 | | persons with disabilities who meet the
requirements set forth |
14 | | in administrative rule to shoot or hunt from a vehicle
as |
15 | | provided by that rule, provided that such is otherwise in |
16 | | accord with this
Act.
|
17 | | (ll) Nothing contained in this Act shall prohibit the |
18 | | taking of aquatic
life protected by the Fish and Aquatic Life |
19 | | Code or birds and mammals
protected by this Act, except deer |
20 | | and fur-bearing mammals, from a boat not
camouflaged or |
21 | | disguised to alter its identity or to further provide a place
|
22 | | of concealment and not propelled by sail or mechanical power. |
23 | | However, only
shotguns not larger than 10 gauge nor smaller |
24 | | than .410 bore loaded with not
more than 3 shells of a shot |
25 | | size no larger than lead BB or steel T (.20
diameter) may be |
26 | | used to take species protected by this Act.
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1 | | (mm) Nothing contained in this Act shall prohibit the use |
2 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
3 | | gauge, with a rifled barrel.
|
4 | | (nn) It shall be unlawful to possess any species of |
5 | | wildlife or wildlife parts taken unlawfully in Illinois, any |
6 | | other state, or any other country, whether or not the wildlife |
7 | | or wildlife parts is indigenous to Illinois. For the purposes |
8 | | of this subsection, the statute of limitations for unlawful |
9 | | possession of wildlife or wildlife parts shall not cease until |
10 | | 2 years after the possession has permanently ended. |
11 | | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; |
12 | | 99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. |
13 | | 1-1-19 .)
|
14 | | (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
|
15 | | Sec. 2.34. Dog Trials.
|
16 | | (a) Dogs of any breed may be trained the year round in |
17 | | accordance with the
provisions of this Act.
|
18 | | (b) During the periods of time when it is unlawful to take |
19 | | species protected
by this Act, the only firearms which shall |
20 | | be used in the training of
dogs from sunrise to sunset shall be |
21 | | pistols with blank cartridges. No
other gun or ammunition may |
22 | | be in immediate possession during this time.
No person or |
23 | | persons in, along with, or accompanying the dog training
|
24 | | party, shall be in possession of any firearm or live |
25 | | ammunition, except
pistols capable of firing only blank |
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1 | | cartridges during the hours from
sunset to sunrise. All |
2 | | organized field trials or training grounds approved by
the |
3 | | Department shall be exempt from this provision unless in |
4 | | accordance with the Firearm Concealed Carry Act .
|
5 | | (c) No field trial shall be held without a permit from the
|
6 | | Department.
|
7 | | The following Department areas shall be designated as |
8 | | horseback field
trial sites; Lee County Conservation Area, Des |
9 | | Plaines Conservation Area,
Moraine View State Park, Middle |
10 | | Fork Fish and Wildlife Area, Hamilton
County Conservation |
11 | | Area, and Wayne Fitzgerrell State Park. The Department
shall |
12 | | provide and maintain quality wildlife habitat on these sites.
|
13 | | Field trials shall be scheduled only from September 1 |
14 | | through April 30
in the Northern Zone and September 1 through |
15 | | April 15 in the Southern Zone.
The Department maintains the |
16 | | authority to schedule and administer field
trials. The |
17 | | boundary between the Northern Zone and the Southern
Zone shall |
18 | | be U.S. Route 36. However, (i) if the opening date of the field
|
19 | | trial season falls on Sunday, the season will begin on |
20 | | Saturday of that
weekend; and (ii) if the closing date of the |
21 | | field trial season falls on
Saturday, the season will conclude |
22 | | on Sunday of that weekend; and (iii) if
during the final days |
23 | | of the field trial season a field trial organization
begins a |
24 | | field trial which is subsequently interrupted due to inclement
|
25 | | weather, the field trial organization may complete the trial, |
26 | | subject to the
Department's approval, even though the field |
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1 | | trial season has ended. The field
trial organization must |
2 | | complete the trial on the first possible day or days.
Field |
3 | | trials for the retrieving breeds are exempt from these field |
4 | | trials
season provisions and shall have no closed season.
|
5 | | The fee for field trials shall be established by the |
6 | | Department by rule.
|
7 | | (d) The Department is authorized to designate dog training
|
8 | | areas and to grant permits for all field trials including |
9 | | those field
trials where game birds reared under Section 3.23 |
10 | | are released and taken
in accordance with the rules and |
11 | | regulations set forth by the
Department. Applications for |
12 | | permits for such trials and training areas
shall be |
13 | | accompanied by detailed information as to the date and the |
14 | | location of
the grounds where such trial area or training |
15 | | grounds is located. Applicants
for field trial or dog training |
16 | | permits must have the consent of the
landowner prior to |
17 | | applying for such permit. Fees and other regulations
will be |
18 | | set by administrative rule.
|
19 | | (e) All permits for designated dog training areas shall |
20 | | expire March 31st of
each year.
|
21 | | (f) Permit holders for designated dog training areas must |
22 | | possess a wild
game breeder's permit or a game breeding and |
23 | | hunting preserve area permit and
may utilize live bird recall |
24 | | devices on such areas.
|
25 | | (g) Nothing shall prevent an individual from using a dog |
26 | | in the taking of
squirrel during the open season.
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1 | | (h) All hand reared game released and shot at field trials |
2 | | shall
be properly identified with tags as provided for by this |
3 | | Act and such
birds shall be banded before they are removed from |
4 | | the field trial area.
|
5 | | (Source: P.A. 86-920; 87-1051.)
|
6 | | Section 30. The Criminal Code of 2012 is amended by |
7 | | changing Sections 24-3 and 24-8 as follows:
|
8 | | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
|
9 | | Sec. 24-3. Unlawful sale or delivery of firearms.
|
10 | | (A) A person commits the offense of unlawful sale or |
11 | | delivery of firearms when he
or she knowingly does any of the |
12 | | following:
|
13 | | (a) Sells or gives any firearm of a size which may be |
14 | | concealed upon the
person to any person under 18 years of |
15 | | age.
|
16 | | (b) Sells or gives any firearm to a person under 21 |
17 | | years of age who has
been convicted of a misdemeanor other |
18 | | than a traffic offense or adjudged
delinquent.
|
19 | | (c) Sells or gives any firearm to any narcotic addict.
|
20 | | (d) Sells or gives any firearm to any person who has |
21 | | been convicted of a
felony under the laws of this or any |
22 | | other jurisdiction.
|
23 | | (e) Sells or gives any firearm to any person who has |
24 | | been a patient in a
mental institution within the past 5 |
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1 | | years. In this subsection (e): |
2 | | "Mental institution" means any hospital, |
3 | | institution, clinic, evaluation facility, mental |
4 | | health center, or part thereof, which is used |
5 | | primarily for the care or treatment of persons with |
6 | | mental illness. |
7 | | "Patient in a mental institution" means the person |
8 | | was admitted, either voluntarily or involuntarily, to |
9 | | a mental institution for mental health treatment, |
10 | | unless the treatment was voluntary and solely for an |
11 | | alcohol abuse disorder and no other secondary |
12 | | substance abuse disorder or mental illness.
|
13 | | (f) Sells or gives any firearms to any person who is a |
14 | | person with an intellectual disability.
|
15 | | (g) Delivers any firearm, incidental to a sale, |
16 | | without withholding delivery of the firearm
for at least |
17 | | 72 hours after application for its purchase has been made, |
18 | | or
delivers a stun gun or taser, incidental to a sale,
|
19 | | without withholding delivery of the stun gun or taser for
|
20 | | at least 24 hours after application for its purchase has |
21 | | been made.
However,
this paragraph (g) does not apply to: |
22 | | (1) the sale of a firearm
to a law enforcement officer if |
23 | | the seller of the firearm knows that the person to whom he |
24 | | or she is selling the firearm is a law enforcement officer |
25 | | or the sale of a firearm to a person who desires to |
26 | | purchase a firearm for
use in promoting the public |
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1 | | interest incident to his or her employment as a
bank |
2 | | guard, armed truck guard, or other similar employment; (2) |
3 | | a mail
order sale of a firearm from a federally licensed |
4 | | firearms dealer to a nonresident of Illinois under which |
5 | | the firearm
is mailed to a federally licensed firearms |
6 | | dealer outside the boundaries of Illinois; (3) (blank); |
7 | | (4) the sale of a
firearm to a dealer licensed as a federal |
8 | | firearms dealer under Section 923
of the federal Gun |
9 | | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or |
10 | | sale of any rifle, shotgun, or other long gun to a resident |
11 | | registered competitor or attendee or non-resident |
12 | | registered competitor or attendee by any dealer licensed |
13 | | as a federal firearms dealer under Section 923 of the |
14 | | federal Gun Control Act of 1968 at competitive shooting |
15 | | events held at the World Shooting Complex sanctioned by a |
16 | | national governing body. For purposes of transfers or |
17 | | sales under subparagraph (5) of this paragraph (g), the |
18 | | Department of Natural Resources shall give notice to the |
19 | | Department of State Police at least 30 calendar days prior |
20 | | to any competitive shooting events at the World Shooting |
21 | | Complex sanctioned by a national governing body. The |
22 | | notification shall be made on a form prescribed by the |
23 | | Department of State Police. The sanctioning body shall |
24 | | provide a list of all registered competitors and attendees |
25 | | at least 24 hours before the events to the Department of |
26 | | State Police. Any changes to the list of registered |
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1 | | competitors and attendees shall be forwarded to the |
2 | | Department of State Police as soon as practicable. The |
3 | | Department of State Police must destroy the list of |
4 | | registered competitors and attendees no later than 30 days |
5 | | after the date of the event. Nothing in this paragraph (g) |
6 | | relieves a federally licensed firearm dealer from the |
7 | | requirements of conducting a NICS background check through |
8 | | the Illinois Point of Contact under 18 U.S.C. 922(t). For |
9 | | purposes of this paragraph (g), "application" means when |
10 | | the buyer and seller reach an agreement to purchase a |
11 | | firearm.
For purposes of this paragraph (g), "national |
12 | | governing body" means a group of persons who adopt rules |
13 | | and formulate policy on behalf of a national firearm |
14 | | sporting organization.
|
15 | | (h) While holding any license
as a dealer,
importer, |
16 | | manufacturer or pawnbroker
under the federal Gun Control |
17 | | Act of 1968,
manufactures, sells or delivers to any |
18 | | unlicensed person a handgun having
a barrel, slide, frame |
19 | | or receiver which is a die casting of zinc alloy or
any |
20 | | other nonhomogeneous metal which will melt or deform at a |
21 | | temperature
of less than 800 degrees Fahrenheit. For |
22 | | purposes of this paragraph, (1)
"firearm" is defined as in |
23 | | the Firearm Owners Identification Card Act; and (2)
|
24 | | "handgun" is defined as a firearm designed to be held
and |
25 | | fired by the use of a single hand, and includes a |
26 | | combination of parts from
which such a firearm can be |
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1 | | assembled.
|
2 | | (i) Sells or gives a firearm of any size to any person |
3 | | under 18 years of
age who does not possess a valid Firearm |
4 | | Owner's Identification Card.
|
5 | | (j) Sells or gives a firearm while engaged in the |
6 | | business of selling
firearms at wholesale or retail |
7 | | without being licensed as a federal firearms
dealer under |
8 | | Section 923 of the federal Gun Control Act of 1968 (18 |
9 | | U.S.C.
923). In this paragraph (j):
|
10 | | A person "engaged in the business" means a person who |
11 | | devotes time,
attention, and
labor to
engaging in the |
12 | | activity as a regular course of trade or business with the
|
13 | | principal objective of livelihood and profit, but does not |
14 | | include a person who
makes occasional repairs of firearms |
15 | | or who occasionally fits special barrels,
stocks, or |
16 | | trigger mechanisms to firearms.
|
17 | | "With the principal objective of livelihood and |
18 | | profit" means that the
intent
underlying the sale or |
19 | | disposition of firearms is predominantly one of
obtaining |
20 | | livelihood and pecuniary gain, as opposed to other |
21 | | intents, such as
improving or liquidating a personal |
22 | | firearms collection; however, proof of
profit shall not be |
23 | | required as to a person who engages in the regular and
|
24 | | repetitive purchase and disposition of firearms for |
25 | | criminal purposes or
terrorism.
|
26 | | (k) Sells or transfers ownership of a firearm to a |
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1 | | person who does not display to the seller or transferor of |
2 | | the firearm either: (1) a currently valid Firearm Owner's |
3 | | Identification Card that has previously been issued in the |
4 | | transferee's name by the Department of State Police under |
5 | | the provisions of the Firearm Owners Identification Card |
6 | | Act; or (2) a currently valid license to carry a concealed |
7 | | firearm that has previously been issued in the |
8 | | transferee's name by the
Department of State Police under |
9 | | the Firearm Concealed Carry Act. This paragraph (k) does |
10 | | not apply to the transfer of a firearm to a person who is |
11 | | exempt from the requirement of possessing a Firearm |
12 | | Owner's Identification Card under Section 2 of the Firearm |
13 | | Owners Identification Card Act. For the purposes of this |
14 | | Section, a currently valid Firearm Owner's Identification |
15 | | Card or license to carry a concealed firearm means receipt |
16 | | of (i) a Firearm Owner's Identification Card that has not |
17 | | expired or (ii) an approval number issued in accordance |
18 | | with subsection (a-10) of subsection 3 or Section 3.1 of |
19 | | the Firearm Owners Identification Card Act shall be proof |
20 | | that the Firearm Owner's Identification Card was valid . |
21 | | (1) In addition to the other requirements of this |
22 | | paragraph (k), all persons who are not federally |
23 | | licensed firearms dealers must also have complied with |
24 | | subsection (a-10) of Section 3 of the Firearm Owners |
25 | | Identification Card Act by determining the validity of |
26 | | a purchaser's Firearm Owner's Identification Card. |
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1 | | (2) All sellers or transferors who have complied |
2 | | with the requirements of subparagraph (1) of this |
3 | | paragraph (k) shall not be liable for damages in any |
4 | | civil action arising from the use or misuse by the |
5 | | transferee of the firearm transferred, except for |
6 | | willful or wanton misconduct on the part of the seller |
7 | | or transferor. |
8 | | (l) Not
being entitled to the possession of a firearm, |
9 | | delivers the
firearm, knowing it to have been stolen or |
10 | | converted. It may be inferred that
a person who possesses |
11 | | a firearm with knowledge that its serial number has
been |
12 | | removed or altered has knowledge that the firearm is |
13 | | stolen or converted. |
14 | | (B) Paragraph (h) of subsection (A) does not include |
15 | | firearms sold within 6
months after enactment of Public
Act |
16 | | 78-355 (approved August 21, 1973, effective October 1, 1973), |
17 | | nor is any
firearm legally owned or
possessed by any citizen or |
18 | | purchased by any citizen within 6 months after the
enactment |
19 | | of Public Act 78-355 subject
to confiscation or seizure under |
20 | | the provisions of that Public Act. Nothing in
Public Act |
21 | | 78-355 shall be construed to prohibit the gift or trade of
any |
22 | | firearm if that firearm was legally held or acquired within 6 |
23 | | months after
the enactment of that Public Act.
|
24 | | (C) Sentence.
|
25 | | (1) Any person convicted of unlawful sale or delivery |
26 | | of firearms in violation of
paragraph (c), (e), (f), (g), |
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1 | | or (h) of subsection (A) commits a Class
4
felony.
|
2 | | (2) Any person convicted of unlawful sale or delivery |
3 | | of firearms in violation of
paragraph (b) or (i) of |
4 | | subsection (A) commits a Class 3 felony.
|
5 | | (3) Any person convicted of unlawful sale or delivery |
6 | | of firearms in violation of
paragraph (a) of subsection |
7 | | (A) commits a Class 2 felony.
|
8 | | (4) Any person convicted of unlawful sale or delivery |
9 | | of firearms in violation of
paragraph (a), (b), or (i) of |
10 | | subsection (A) in any school, on the real
property |
11 | | comprising a school, within 1,000 feet of the real |
12 | | property comprising
a school, at a school related |
13 | | activity, or on or within 1,000 feet of any
conveyance |
14 | | owned, leased, or contracted by a school or school |
15 | | district to
transport students to or from school or a |
16 | | school related activity,
regardless of the time of day or |
17 | | time of year at which the offense
was committed, commits a |
18 | | Class 1 felony. Any person convicted of a second
or |
19 | | subsequent violation of unlawful sale or delivery of |
20 | | firearms in violation of paragraph
(a), (b), or (i) of |
21 | | subsection (A) in any school, on the real property
|
22 | | comprising a school, within 1,000 feet of the real |
23 | | property comprising a
school, at a school related |
24 | | activity, or on or within 1,000 feet of any
conveyance |
25 | | owned, leased, or contracted by a school or school |
26 | | district to
transport students to or from school or a |
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1 | | school related activity,
regardless of the time of day or |
2 | | time of year at which the offense
was committed, commits a |
3 | | Class 1 felony for which the sentence shall be a
term of |
4 | | imprisonment of no less than 5 years and no more than 15 |
5 | | years.
|
6 | | (5) Any person convicted of unlawful sale or delivery |
7 | | of firearms in violation of
paragraph (a) or (i) of |
8 | | subsection (A) in residential property owned,
operated, or |
9 | | managed by a public housing agency or leased by a public |
10 | | housing
agency as part of a scattered site or mixed-income |
11 | | development, in a public
park, in a
courthouse, on |
12 | | residential property owned, operated, or managed by a |
13 | | public
housing agency or leased by a public housing agency |
14 | | as part of a scattered site
or mixed-income development, |
15 | | on the real property comprising any public park,
on the |
16 | | real
property comprising any courthouse, or on any public |
17 | | way within 1,000 feet
of the real property comprising any |
18 | | public park, courthouse, or residential
property owned, |
19 | | operated, or managed by a public housing agency or leased |
20 | | by a
public housing agency as part of a scattered site or |
21 | | mixed-income development
commits a
Class 2 felony.
|
22 | | (6) Any person convicted of unlawful sale or delivery |
23 | | of firearms in violation of
paragraph (j) of subsection |
24 | | (A) commits a Class A misdemeanor. A second or
subsequent |
25 | | violation is a Class 4 felony. |
26 | | (7) Any person convicted of unlawful sale or delivery |
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1 | | of firearms in violation of paragraph (k) of subsection |
2 | | (A) commits a Class 4 felony, except that a violation of |
3 | | subparagraph (1) of paragraph (k) of subsection (A) shall |
4 | | not be punishable as a crime or petty offense. A third or |
5 | | subsequent conviction for a violation of paragraph (k) of |
6 | | subsection (A) is a Class 1 felony.
|
7 | | (8) A person 18 years of age or older convicted of |
8 | | unlawful sale or delivery of firearms in violation of |
9 | | paragraph (a) or (i) of subsection (A), when the firearm |
10 | | that was sold or given to another person under 18 years of |
11 | | age was used in the commission of or attempt to commit a |
12 | | forcible felony, shall be fined or imprisoned, or both, |
13 | | not to exceed the maximum provided for the most serious |
14 | | forcible felony so committed or attempted by the person |
15 | | under 18 years of age who was sold or given the firearm. |
16 | | (9) Any person convicted of unlawful sale or delivery |
17 | | of firearms in violation of
paragraph (d) of subsection |
18 | | (A) commits a Class 3 felony. |
19 | | (10) Any person convicted of unlawful sale or delivery |
20 | | of firearms in violation of paragraph (l) of subsection |
21 | | (A) commits a Class 2 felony if the delivery is of one |
22 | | firearm. Any person convicted of unlawful sale or delivery |
23 | | of firearms in violation of paragraph (l) of subsection |
24 | | (A) commits a Class 1 felony if the delivery is of not less |
25 | | than 2 and not more than 5 firearms at the
same time or |
26 | | within a one year period. Any person convicted of unlawful |
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1 | | sale or delivery of firearms in violation of paragraph (l) |
2 | | of subsection (A) commits a Class X felony for which he or |
3 | | she shall be sentenced
to a term of imprisonment of not |
4 | | less than 6 years and not more than 30
years if the |
5 | | delivery is of not less than 6 and not more than 10 |
6 | | firearms at the
same time or within a 2 year period. Any |
7 | | person convicted of unlawful sale or delivery of firearms |
8 | | in violation of paragraph (l) of subsection (A) commits a |
9 | | Class X felony for which he or she shall be sentenced
to a |
10 | | term of imprisonment of not less than 6 years and not more |
11 | | than 40
years if the delivery is of not less than 11 and |
12 | | not more than 20 firearms at the
same time or within a 3 |
13 | | year period. Any person convicted of unlawful sale or |
14 | | delivery of firearms in violation of paragraph (l) of |
15 | | subsection (A) commits a Class X felony for which he or she |
16 | | shall be sentenced
to a term of imprisonment of not less |
17 | | than 6 years and not more than 50
years if the delivery is |
18 | | of not less than 21 and not more than 30 firearms at the
|
19 | | same time or within a 4 year period. Any person convicted |
20 | | of unlawful sale or delivery of firearms in violation of |
21 | | paragraph (l) of subsection (A) commits a Class X felony |
22 | | for which he or she shall be sentenced
to a term of |
23 | | imprisonment of not less than 6 years and not more than 60
|
24 | | years if the delivery is of 31 or more firearms at the
same |
25 | | time or within a 5 year period. |
26 | | (D) For purposes of this Section:
|
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1 | | "School" means a public or private elementary or secondary |
2 | | school,
community college, college, or university.
|
3 | | "School related activity" means any sporting, social, |
4 | | academic, or
other activity for which students' attendance or |
5 | | participation is sponsored,
organized, or funded in whole or |
6 | | in part by a school or school district.
|
7 | | (E) A prosecution for a violation of paragraph (k) of |
8 | | subsection (A) of this Section may be commenced within 6 years |
9 | | after the commission of the offense. A prosecution for a |
10 | | violation of this Section other than paragraph (g) of |
11 | | subsection (A) of this Section may be commenced within 5 years |
12 | | after the commission of the offense defined in the particular |
13 | | paragraph.
|
14 | | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; |
15 | | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
|
16 | | (720 ILCS 5/24-8)
|
17 | | Sec. 24-8. Firearm evidence tracing .
|
18 | | (a) Upon recovering a firearm from the possession
of |
19 | | anyone who is not permitted by federal or State
law
to possess |
20 | | a firearm, a local law enforcement agency shall
use the best |
21 | | available information, including a firearms trace when |
22 | | necessary,
to determine how and from whom the person gained
|
23 | | possession of the firearm.
Upon recovering a firearm that was |
24 | | used in the commission of any offense
classified as a felony or |
25 | | upon recovering a firearm that appears to have been
lost, |
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1 | | mislaid,
stolen, or
otherwise unclaimed, a local law |
2 | | enforcement agency shall use the best
available
information, |
3 | | including a firearms trace when necessary , to determine prior
|
4 | | ownership of
the firearm.
|
5 | | (b) Law Local law enforcement shall, when appropriate, use |
6 | | the National
Tracing Center of the
Federal
Bureau of Alcohol, |
7 | | Tobacco and Firearms and the National Crime Information Center |
8 | | of the Federal Bureau of Investigation in complying with |
9 | | subsection (a) of
this Section.
|
10 | | (c) Law Local law enforcement agencies shall use the |
11 | | Illinois Department of
State Police Law Enforcement Agencies |
12 | | Data System (LEADS) Gun File to enter all
stolen, seized, or |
13 | | recovered firearms as prescribed by LEADS regulations and
|
14 | | policies. |
15 | | (d) Whenever a law enforcement agency recovers a fired |
16 | | cartridge case at a crime scene or has reason to believe that |
17 | | the recovered fired cartridge case is related to or associated |
18 | | with the commission of a crime, the law enforcement agency |
19 | | shall submit the evidence to the National Integrated |
20 | | Ballistics Information Network (NIBIN) or an Illinois State |
21 | | Police laboratory for NIBIN processing. Whenever a law |
22 | | enforcement agency seizes or recovers a semiautomatic firearm |
23 | | that is deemed suitable to be entered into the NIBIN that was: |
24 | | (i) unlawfully possessed, (ii) used for any unlawful purpose, |
25 | | (iii) recovered from the scene of a crime, (iv) is reasonably |
26 | | believed to have been used or associated with the commission |
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1 | | of a crime, or (v) is acquired by the law enforcement agency as |
2 | | an abandoned or discarded firearm, the law enforcement agency |
3 | | shall submit the evidence to the NIBIN or an Illinois State |
4 | | Police laboratory for NIBIN processing.
When practicable, all |
5 | | NIBIN-suitable evidence and NIBIN-suitable test fires from |
6 | | recovered firearms shall be entered into the NIBIN within 2 |
7 | | business days of submission to Illinois State Police |
8 | | laboratories that have NIBIN access or another NIBIN site. |
9 | | Exceptions to this may occur if the evidence in question |
10 | | requires analysis by other forensic disciplines. The Illinois |
11 | | State Police laboratory, submitting agency, and relevant court |
12 | | representatives shall determine whether the request for |
13 | | additional analysis outweighs the 2 business-day requirement.
|
14 | | Illinois State Police laboratories that do not have NIBIN |
15 | | access shall submit NIBIN-suitable evidence and test fires to |
16 | | an Illinois State Police laboratory with NIBIN access. Upon |
17 | | receipt at the laboratory with NIBIN access, when practicable, |
18 | | the evidence and test fires shall be entered into the NIBIN |
19 | | within 2 business days. Exceptions to this 2 business-day |
20 | | requirement may occur if the evidence in question requires |
21 | | analysis by other forensic disciplines. The Illinois State |
22 | | Police laboratory, submitting agency, and relevant court |
23 | | representatives shall determine whether the request for |
24 | | additional analysis outweighs the 2 business-day requirement.
|
25 | | Nothing in this Section shall be interpreted to conflict with |
26 | | standards and policies for NIBIN sites as promulgated by the |
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1 | | federal Bureau of Alcohol, Tobacco, Firearms and Explosives or |
2 | | successor agencies.
|
3 | | (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
|
4 | | Section 35. The Code of Criminal Procedure of 1963 is |
5 | | amended by changing Section 112A-14 as follows:
|
6 | | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
|
7 | | Sec. 112A-14. Domestic violence order of protection; |
8 | | remedies.
|
9 | | (a) (Blank).
|
10 | | (b) The court may order any of the remedies listed in this |
11 | | subsection (b).
The remedies listed in this subsection (b) |
12 | | shall be in addition to other civil
or criminal remedies |
13 | | available to petitioner.
|
14 | | (1) Prohibition of abuse. Prohibit respondent's |
15 | | harassment,
interference with personal liberty, |
16 | | intimidation of a dependent, physical
abuse, or willful |
17 | | deprivation, as defined in this Article, if such abuse has
|
18 | | occurred or otherwise appears likely to occur if not |
19 | | prohibited.
|
20 | | (2) Grant of exclusive possession of residence. |
21 | | Prohibit respondent
from entering or remaining in any |
22 | | residence, household, or premises of the petitioner,
|
23 | | including one owned or leased by respondent, if petitioner |
24 | | has a right
to occupancy thereof. The grant of exclusive |
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1 | | possession of the residence, household, or premises
shall |
2 | | not affect title to real property, nor shall the court be |
3 | | limited by
the standard set forth in subsection (c-2) of |
4 | | Section 501 of the Illinois Marriage and
Dissolution of |
5 | | Marriage Act.
|
6 | | (A) Right to occupancy. A party has a right to |
7 | | occupancy of a
residence or household if it is
solely |
8 | | or jointly owned or leased by that party, that party's |
9 | | spouse, a
person with a legal duty to support that |
10 | | party or a minor child in that
party's care, or by any |
11 | | person or entity other than the opposing party that
|
12 | | authorizes that party's occupancy (e.g., a domestic |
13 | | violence shelter).
Standards set forth in subparagraph |
14 | | (B) shall not preclude equitable relief.
|
15 | | (B) Presumption of hardships. If petitioner and |
16 | | respondent
each has the right to occupancy of a |
17 | | residence or household, the court
shall balance (i) |
18 | | the hardships to respondent and any minor child or
|
19 | | dependent adult in respondent's care resulting from |
20 | | entry of this remedy with (ii)
the hardships to |
21 | | petitioner and any minor child or dependent adult in
|
22 | | petitioner's care resulting from continued exposure to |
23 | | the risk of abuse (should
petitioner remain at the |
24 | | residence or household) or from loss of possession
of |
25 | | the residence or household (should petitioner leave to |
26 | | avoid the risk
of abuse). When determining the balance |
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1 | | of hardships, the court shall also
take into account |
2 | | the accessibility of the residence or household.
|
3 | | Hardships need not be balanced if respondent does not |
4 | | have a right to occupancy.
|
5 | | The balance of hardships is presumed to favor |
6 | | possession by
petitioner unless the presumption is |
7 | | rebutted by a preponderance of the
evidence, showing |
8 | | that the hardships to respondent substantially |
9 | | outweigh
the hardships to petitioner and any minor |
10 | | child or dependent adult in petitioner's
care. The |
11 | | court, on the request of petitioner or on its own |
12 | | motion,
may order respondent to provide suitable, |
13 | | accessible, alternate housing
for petitioner instead |
14 | | of
excluding respondent from a mutual residence or |
15 | | household.
|
16 | | (3) Stay away order and additional prohibitions.
Order |
17 | | respondent to stay away from petitioner or any other |
18 | | person
protected by the domestic violence order of |
19 | | protection, or prohibit respondent from entering
or |
20 | | remaining present at petitioner's school, place of |
21 | | employment, or other
specified places at times when |
22 | | petitioner is present, or both, if
reasonable, given
the |
23 | | balance of hardships. Hardships need not be balanced for |
24 | | the court
to enter a stay away order or prohibit entry
if |
25 | | respondent has no right to enter the premises.
|
26 | | (A) If a domestic violence order of protection |
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1 | | grants petitioner exclusive possession
of the |
2 | | residence, prohibits respondent from entering the |
3 | | residence,
or orders respondent to stay away from |
4 | | petitioner or other
protected persons, then the court |
5 | | may allow respondent access to the
residence to remove |
6 | | items of clothing and personal adornment
used |
7 | | exclusively by respondent, medications, and other |
8 | | items as the court directs.
The right to access shall |
9 | | be exercised on only one occasion as the court directs
|
10 | | and in the presence of an agreed-upon adult third |
11 | | party or law enforcement officer.
|
12 | | (B) When the petitioner and the respondent attend |
13 | | the same public, private, or non-public elementary, |
14 | | middle, or high school, the court when issuing a |
15 | | domestic violence order of protection and providing |
16 | | relief shall consider the severity of the act, any |
17 | | continuing physical danger or emotional distress to |
18 | | the petitioner, the educational rights guaranteed to |
19 | | the petitioner and respondent under federal and State |
20 | | law, the availability of a transfer of the respondent |
21 | | to another school, a change of placement or a change of |
22 | | program of the respondent, the expense, difficulty, |
23 | | and educational disruption that would be caused by a |
24 | | transfer of the respondent to another school, and any |
25 | | other relevant facts of the case. The court may order |
26 | | that the respondent not attend the public, private, or |
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1 | | non-public elementary, middle, or high school attended |
2 | | by the petitioner, order that the respondent accept a |
3 | | change of placement or change of program, as |
4 | | determined by the school district or private or |
5 | | non-public school, or place restrictions on the |
6 | | respondent's movements within the school attended by |
7 | | the petitioner. The respondent bears the burden of |
8 | | proving by a preponderance of the evidence that a |
9 | | transfer, change of placement, or change of program of |
10 | | the respondent is not available. The respondent also |
11 | | bears the burden of production with respect to the |
12 | | expense, difficulty, and educational disruption that |
13 | | would be caused by a transfer of the respondent to |
14 | | another school. A transfer, change of placement, or |
15 | | change of program is not unavailable to the respondent |
16 | | solely on the ground that the respondent does not |
17 | | agree with the school district's or private or |
18 | | non-public school's transfer, change of placement, or |
19 | | change of program or solely on the ground that the |
20 | | respondent fails or refuses to consent or otherwise |
21 | | does not take an action required to effectuate a |
22 | | transfer, change of placement, or change of program. |
23 | | When a court orders a respondent to stay away from the |
24 | | public, private, or non-public school attended by the |
25 | | petitioner and the respondent requests a transfer to |
26 | | another attendance center within the respondent's |
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1 | | school district or private or non-public school, the |
2 | | school district or private or non-public school shall |
3 | | have sole discretion to determine the attendance |
4 | | center to which the respondent is transferred. If the |
5 | | court order results in a transfer of the minor |
6 | | respondent to another attendance center, a change in |
7 | | the respondent's placement, or a change of the |
8 | | respondent's program, the parents, guardian, or legal |
9 | | custodian of the respondent is responsible for |
10 | | transportation and other costs associated with the |
11 | | transfer or change. |
12 | | (C) The court may order the parents, guardian, or |
13 | | legal custodian of a minor respondent to take certain |
14 | | actions or to refrain from taking certain actions to |
15 | | ensure that the respondent complies with the order. If |
16 | | the court orders a transfer of the respondent to |
17 | | another school, the parents, guardian, or legal |
18 | | custodian of the respondent is responsible for |
19 | | transportation and other costs associated with the |
20 | | change of school by the respondent. |
21 | | (4) Counseling. Require or recommend the respondent to |
22 | | undergo
counseling for a specified duration with a social |
23 | | worker, psychologist,
clinical psychologist, |
24 | | psychiatrist, family service agency, alcohol or
substance |
25 | | abuse program, mental health center guidance counselor, |
26 | | agency
providing services to elders, program designed for |
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1 | | domestic violence
abusers, or any other guidance service |
2 | | the court deems appropriate. The court may order the |
3 | | respondent in any intimate partner relationship to report |
4 | | to an Illinois Department of Human Services protocol |
5 | | approved partner abuse intervention program for an |
6 | | assessment and to follow all recommended treatment.
|
7 | | (5) Physical care and possession of the minor child. |
8 | | In order to protect
the minor child from abuse, neglect, |
9 | | or unwarranted separation from the person
who has been the |
10 | | minor child's primary caretaker, or to otherwise protect |
11 | | the
well-being of the minor child, the court may do either |
12 | | or both of the following:
(i) grant petitioner physical |
13 | | care or possession of the minor child, or both, or
(ii) |
14 | | order respondent to return a minor child to, or not remove |
15 | | a minor child
from, the physical care of a parent or person |
16 | | in loco parentis.
|
17 | | If the respondent is charged with abuse
(as defined in |
18 | | Section 112A-3 of this Code) of a minor child, there shall |
19 | | be a
rebuttable presumption that awarding physical care to |
20 | | respondent would not
be in the minor child's best |
21 | | interest.
|
22 | | (6) Temporary allocation of parental responsibilities |
23 | | and significant decision-making responsibilities.
Award |
24 | | temporary significant decision-making responsibility to |
25 | | petitioner in accordance with this Section,
the Illinois |
26 | | Marriage
and Dissolution of Marriage Act, the Illinois |
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1 | | Parentage Act of 2015,
and this State's Uniform |
2 | | Child-Custody
Jurisdiction and Enforcement Act.
|
3 | | If the respondent
is charged with abuse (as defined in |
4 | | Section 112A-3 of this Code) of a
minor child, there shall |
5 | | be a rebuttable presumption that awarding
temporary |
6 | | significant decision-making responsibility to respondent |
7 | | would not be in the
child's best interest.
|
8 | | (7) Parenting time. Determine the parenting time, if |
9 | | any, of respondent in any case in which the court
awards |
10 | | physical care or temporary significant decision-making |
11 | | responsibility of a minor child to
petitioner. The court |
12 | | shall restrict or deny respondent's parenting time with
a |
13 | | minor child if
the court finds that respondent has done or |
14 | | is likely to do any of the
following: |
15 | | (i) abuse or endanger the minor child during |
16 | | parenting time; |
17 | | (ii) use the parenting time
as an opportunity to |
18 | | abuse or harass petitioner or
petitioner's family or |
19 | | household members; |
20 | | (iii) improperly conceal or
detain the minor |
21 | | child; or |
22 | | (iv) otherwise act in a manner that is not in
the |
23 | | best interests of the minor child. |
24 | | The court shall not be limited by the
standards set |
25 | | forth in Section 603.10 of the Illinois Marriage and
|
26 | | Dissolution of Marriage Act. If the court grants parenting |
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1 | | time, the order
shall specify dates and times for the |
2 | | parenting time to take place or other
specific parameters |
3 | | or conditions that are appropriate. No order for parenting |
4 | | time
shall refer merely to the term "reasonable parenting |
5 | | time". Petitioner may deny respondent access to the minor |
6 | | child if, when
respondent arrives for parenting time, |
7 | | respondent is under the influence of drugs
or alcohol and |
8 | | constitutes a threat to the safety and well-being of
|
9 | | petitioner or petitioner's minor children or is behaving |
10 | | in a violent or abusive manner. If necessary to protect |
11 | | any member of petitioner's family or
household from future |
12 | | abuse, respondent shall be prohibited from coming to
|
13 | | petitioner's residence to meet the minor child for |
14 | | parenting time, and the petitioner and respondent
shall |
15 | | submit to the court their recommendations for reasonable
|
16 | | alternative arrangements for parenting time. A person may |
17 | | be approved to
supervise parenting time only after filing |
18 | | an affidavit accepting
that responsibility and |
19 | | acknowledging accountability to the court.
|
20 | | (8) Removal or concealment of minor child.
Prohibit |
21 | | respondent from
removing a minor child from the State or |
22 | | concealing the child within the
State.
|
23 | | (9) Order to appear. Order the respondent to
appear in |
24 | | court, alone
or with a minor child, to prevent abuse, |
25 | | neglect, removal or concealment of
the child, to return |
26 | | the child to the custody or care of the petitioner, or
to |
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1 | | permit any court-ordered interview or examination of the |
2 | | child or the
respondent.
|
3 | | (10) Possession of personal property. Grant petitioner |
4 | | exclusive
possession of personal property and, if |
5 | | respondent has possession or
control, direct respondent to |
6 | | promptly make it available to petitioner, if:
|
7 | | (i) petitioner, but not respondent, owns the |
8 | | property; or
|
9 | | (ii) the petitioner and respondent own the |
10 | | property jointly; sharing it would risk
abuse of |
11 | | petitioner by respondent or is impracticable; and the |
12 | | balance of
hardships favors temporary possession by |
13 | | petitioner.
|
14 | | If petitioner's sole claim to ownership of the |
15 | | property is that it is
marital property, the court may |
16 | | award petitioner temporary possession
thereof under the |
17 | | standards of subparagraph (ii) of this paragraph only if
a |
18 | | proper proceeding has been filed under the Illinois |
19 | | Marriage and
Dissolution of Marriage Act, as now or |
20 | | hereafter amended.
|
21 | | No order under this provision shall affect title to |
22 | | property.
|
23 | | (11) Protection of property. Forbid the respondent |
24 | | from taking,
transferring, encumbering, concealing, |
25 | | damaging, or otherwise disposing of
any real or personal |
26 | | property, except as explicitly authorized by the
court, |
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1 | | if:
|
2 | | (i) petitioner, but not respondent, owns the |
3 | | property; or
|
4 | | (ii) the petitioner and respondent own the |
5 | | property jointly,
and the balance of hardships favors |
6 | | granting this remedy.
|
7 | | If petitioner's sole claim to ownership of the |
8 | | property is that it is
marital property, the court may |
9 | | grant petitioner relief under subparagraph
(ii) of this |
10 | | paragraph only if a proper proceeding has been filed under |
11 | | the
Illinois Marriage and Dissolution of Marriage Act, as |
12 | | now or hereafter amended.
|
13 | | The court may further prohibit respondent from |
14 | | improperly using the
financial or other resources of an |
15 | | aged member of the family or household
for the profit or |
16 | | advantage of respondent or of any other person.
|
17 | | (11.5) Protection of animals. Grant the petitioner the |
18 | | exclusive care, custody, or control of any animal owned, |
19 | | possessed, leased, kept, or held by either the petitioner |
20 | | or the respondent or a minor child residing in the |
21 | | residence or household of either the petitioner or the |
22 | | respondent and order the respondent to stay away from the |
23 | | animal and forbid the respondent from taking, |
24 | | transferring, encumbering, concealing, harming, or |
25 | | otherwise disposing of the animal.
|
26 | | (12) Order for payment of support. Order
respondent to |
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1 | | pay temporary
support for the petitioner or any child in |
2 | | the petitioner's care or over whom the petitioner has been |
3 | | allocated parental responsibility, when the respondent has |
4 | | a legal obligation to support that person,
in accordance |
5 | | with the Illinois Marriage and Dissolution
of Marriage |
6 | | Act, which shall govern, among other matters, the amount |
7 | | of
support, payment through the clerk and withholding of |
8 | | income to secure
payment. An order for child support may |
9 | | be granted to a petitioner with
lawful physical care of a |
10 | | child, or an order or agreement for
physical care of a |
11 | | child, prior to entry of an order allocating significant |
12 | | decision-making responsibility.
Such a support order shall |
13 | | expire upon entry of a valid order allocating parental |
14 | | responsibility differently and vacating petitioner's |
15 | | significant decision-making responsibility unless |
16 | | otherwise provided in the order.
|
17 | | (13) Order for payment of losses. Order
respondent to |
18 | | pay petitioner
for losses suffered as a direct result of |
19 | | the abuse. Such losses shall
include, but not be limited |
20 | | to, medical expenses, lost earnings or other
support, |
21 | | repair or replacement of property damaged or taken, |
22 | | reasonable
attorney's fees, court costs, and moving or |
23 | | other travel expenses, including
additional reasonable |
24 | | expenses for temporary shelter and restaurant meals.
|
25 | | (i) Losses affecting family needs. If a party is |
26 | | entitled to seek
maintenance, child support, or |
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1 | | property distribution from the other party
under the |
2 | | Illinois Marriage and Dissolution of Marriage Act, as |
3 | | now or
hereafter amended, the court may order |
4 | | respondent to reimburse petitioner's
actual losses, to |
5 | | the extent that such reimbursement would be |
6 | | "appropriate
temporary relief", as authorized by |
7 | | subsection (a)(3) of
Section 501 of that Act.
|
8 | | (ii) Recovery of expenses. In the case of an |
9 | | improper concealment
or removal of a minor child, the |
10 | | court may order respondent to pay the reasonable
|
11 | | expenses incurred or to be incurred in the search for |
12 | | and recovery of the
minor child, including, but not |
13 | | limited to, legal fees, court costs, private
|
14 | | investigator fees, and travel costs.
|
15 | | (14) Prohibition of entry. Prohibit the respondent |
16 | | from entering or
remaining in the residence or household |
17 | | while the respondent is under the
influence of alcohol or |
18 | | drugs and constitutes a threat to the safety and
|
19 | | well-being of the petitioner or the petitioner's children.
|
20 | | (14.5) Prohibition of firearm possession. |
21 | | (A) A person who is subject to an existing |
22 | | domestic violence order of protection issued under |
23 | | this Code may not lawfully possess weapons or a |
24 | | Firearm Owner's Identification Card under Section 8.2 |
25 | | of the Firearm Owners Identification Card Act. |
26 | | (B) Any firearms in the
possession of the |
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1 | | respondent, except as provided in subparagraph (C) of |
2 | | this paragraph (14.5), shall be ordered by the court |
3 | | to be turned
over to a person with a valid Firearm |
4 | | Owner's Identification Card for safekeeping. The court |
5 | | shall issue an order that the respondent comply with |
6 | | Section 9.5 of the Firearm Owners Identification Card |
7 | | Act. the respondent's Firearm Owner's Identification |
8 | | Card be turned over to the local law enforcement |
9 | | agency, which in turn shall immediately mail the card |
10 | | to the Department of State Police Firearm Owner's |
11 | | Identification Card Office for safekeeping.
The period |
12 | | of safekeeping shall be for the duration of the |
13 | | domestic violence order of protection. The firearm or |
14 | | firearms and Firearm Owner's Identification Card, if |
15 | | unexpired, shall at the respondent's request be |
16 | | returned to the respondent at expiration of the |
17 | | domestic violence order of protection.
|
18 | | (C) If the respondent is a peace officer as |
19 | | defined in Section 2-13 of
the
Criminal Code of 2012, |
20 | | the court shall order that any firearms used by the
|
21 | | respondent in the performance of his or her duties as a
|
22 | | peace officer be surrendered to
the chief law |
23 | | enforcement executive of the agency in which the |
24 | | respondent is
employed, who shall retain the firearms |
25 | | for safekeeping for the duration of the domestic |
26 | | violence order of protection.
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1 | | (D) Upon expiration of the period of safekeeping, |
2 | | if the firearms or Firearm Owner's Identification Card |
3 | | cannot be returned to respondent because respondent |
4 | | cannot be located, fails to respond to requests to |
5 | | retrieve the firearms, or is not lawfully eligible to |
6 | | possess a firearm, upon petition from the local law |
7 | | enforcement agency, the court may order the local law |
8 | | enforcement agency to destroy the firearms, use the |
9 | | firearms for training purposes, or for any other |
10 | | application as deemed appropriate by the local law |
11 | | enforcement agency; or that the firearms be turned |
12 | | over to a third party who is lawfully eligible to |
13 | | possess firearms, and who does not reside with |
14 | | respondent. |
15 | | (15) Prohibition of access to records. If a domestic |
16 | | violence order of protection
prohibits respondent from |
17 | | having contact with the minor child,
or if petitioner's |
18 | | address is omitted under subsection (b) of
Section 112A-5 |
19 | | of this Code, or if necessary to prevent abuse or wrongful |
20 | | removal or
concealment of a minor child, the order shall |
21 | | deny respondent access to, and
prohibit respondent from |
22 | | inspecting, obtaining, or attempting to
inspect or obtain, |
23 | | school or any other records of the minor child
who is in |
24 | | the care of petitioner.
|
25 | | (16) Order for payment of shelter services. Order |
26 | | respondent to
reimburse a shelter providing temporary |
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1 | | housing and counseling services to
the petitioner for the |
2 | | cost of the services, as certified by the shelter
and |
3 | | deemed reasonable by the court.
|
4 | | (17) Order for injunctive relief. Enter injunctive |
5 | | relief necessary
or appropriate to prevent further abuse |
6 | | of a family or household member or
to effectuate one of the |
7 | | granted remedies, if supported by the balance of
|
8 | | hardships. If the harm to be prevented by the injunction |
9 | | is abuse or any
other harm that one of the remedies listed |
10 | | in paragraphs (1) through (16)
of this subsection is |
11 | | designed to prevent, no further evidence is necessary
to |
12 | | establish that the harm is an irreparable injury.
|
13 | | (18) Telephone services. |
14 | | (A) Unless a condition described in subparagraph |
15 | | (B) of this paragraph exists, the court may, upon |
16 | | request by the petitioner, order a wireless telephone |
17 | | service provider to transfer to the petitioner the |
18 | | right to continue to use a telephone number or numbers |
19 | | indicated by the petitioner and the financial |
20 | | responsibility associated with the number or numbers, |
21 | | as set forth in subparagraph (C) of this paragraph. In |
22 | | this paragraph (18), the term "wireless telephone |
23 | | service provider" means a provider of commercial |
24 | | mobile service as defined in 47 U.S.C. 332. The |
25 | | petitioner may request the transfer of each telephone |
26 | | number that the petitioner, or a minor child in his or |
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1 | | her custody, uses. The clerk of the court shall serve |
2 | | the order on the wireless telephone service provider's |
3 | | agent for service of process provided to the Illinois |
4 | | Commerce Commission. The order shall contain all of |
5 | | the following: |
6 | | (i) The name and billing telephone number of |
7 | | the account holder including the name of the |
8 | | wireless telephone service provider that serves |
9 | | the account. |
10 | | (ii) Each telephone number that will be |
11 | | transferred. |
12 | | (iii) A statement that the provider transfers |
13 | | to the petitioner all financial responsibility for |
14 | | and right to the use of any telephone number |
15 | | transferred under this paragraph. |
16 | | (B) A wireless telephone service provider shall |
17 | | terminate the respondent's use of, and shall transfer |
18 | | to the petitioner use of, the telephone number or |
19 | | numbers indicated in subparagraph (A) of this |
20 | | paragraph unless it notifies the petitioner, within 72 |
21 | | hours after it receives the order, that one of the |
22 | | following applies: |
23 | | (i) The account holder named in the order has |
24 | | terminated the account. |
25 | | (ii) A difference in network technology would |
26 | | prevent or impair the functionality of a device on |
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1 | | a network if the transfer occurs. |
2 | | (iii) The transfer would cause a geographic or |
3 | | other limitation on network or service provision |
4 | | to the petitioner. |
5 | | (iv) Another technological or operational |
6 | | issue would prevent or impair the use of the |
7 | | telephone number if the transfer occurs. |
8 | | (C) The petitioner assumes all financial |
9 | | responsibility for and right to the use of any |
10 | | telephone number transferred under this paragraph. In |
11 | | this paragraph, "financial responsibility" includes |
12 | | monthly service costs and costs associated with any |
13 | | mobile device associated with the number. |
14 | | (D) A wireless telephone service provider may |
15 | | apply to the petitioner its routine and customary |
16 | | requirements for establishing an account or |
17 | | transferring a number, including requiring the |
18 | | petitioner to provide proof of identification, |
19 | | financial information, and customer preferences.
|
20 | | (E) Except for willful or wanton misconduct, a |
21 | | wireless telephone service provider is immune from |
22 | | civil liability for its actions taken in compliance |
23 | | with a court order issued under this paragraph. |
24 | | (F) All wireless service providers that provide |
25 | | services to residential customers shall provide to the |
26 | | Illinois Commerce Commission the name and address of |
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1 | | an agent for service of orders entered under this |
2 | | paragraph (18). Any change in status of the registered |
3 | | agent must be reported to the Illinois Commerce |
4 | | Commission within 30 days of such change. |
5 | | (G) The Illinois Commerce Commission shall |
6 | | maintain the list of registered agents for service for |
7 | | each wireless telephone service provider on the |
8 | | Commission's website. The Commission may consult with |
9 | | wireless telephone service providers and the Circuit |
10 | | Court Clerks on the manner in which this information |
11 | | is provided and displayed. |
12 | | (c) Relevant factors; findings.
|
13 | | (1) In determining whether to grant a
specific remedy, |
14 | | other than payment of support, the
court shall consider |
15 | | relevant factors, including, but not limited to, the
|
16 | | following:
|
17 | | (i) the nature, frequency, severity, pattern, and |
18 | | consequences of the
respondent's past abuse of the |
19 | | petitioner or any family or household
member, |
20 | | including the concealment of his or her location in |
21 | | order to evade
service of process or notice, and the |
22 | | likelihood of danger of future abuse to
petitioner or
|
23 | | any member of petitioner's or respondent's family or |
24 | | household; and
|
25 | | (ii) the danger that any minor child will be |
26 | | abused or neglected or
improperly relocated from the |
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1 | | jurisdiction, improperly concealed within the
State, |
2 | | or improperly separated from the child's primary |
3 | | caretaker.
|
4 | | (2) In comparing relative hardships resulting to the |
5 | | parties from loss
of possession of the family home, the |
6 | | court shall consider relevant
factors, including, but not |
7 | | limited to, the following:
|
8 | | (i) availability, accessibility, cost, safety, |
9 | | adequacy, location, and other
characteristics of |
10 | | alternate housing for each party and any minor child |
11 | | or
dependent adult in the party's care;
|
12 | | (ii) the effect on the party's employment; and
|
13 | | (iii) the effect on the relationship of the party, |
14 | | and any minor
child or dependent adult in the party's |
15 | | care, to family, school, church,
and community.
|
16 | | (3) Subject to the exceptions set forth in paragraph |
17 | | (4) of this
subsection (c), the court shall make its |
18 | | findings in an official record or in
writing, and shall at |
19 | | a minimum set forth the following:
|
20 | | (i) That the court has considered the applicable |
21 | | relevant factors
described in paragraphs (1) and (2) |
22 | | of this subsection (c).
|
23 | | (ii) Whether the conduct or actions of respondent, |
24 | | unless
prohibited, will likely cause irreparable harm |
25 | | or continued abuse.
|
26 | | (iii) Whether it is necessary to grant the |
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1 | | requested relief in order
to protect petitioner or |
2 | | other alleged abused persons.
|
3 | | (4) (Blank).
|
4 | | (5) Never married parties. No rights or |
5 | | responsibilities for a minor
child born outside of |
6 | | marriage attach to a putative father until a father and
|
7 | | child relationship has been established under the Illinois |
8 | | Parentage Act of
1984, the Illinois Parentage Act of 2015, |
9 | | the Illinois Public Aid Code, Section 12 of the Vital |
10 | | Records Act, the Juvenile Court Act of 1987, the Probate |
11 | | Act of 1975, the Uniform Interstate Family Support Act, |
12 | | the Expedited Child Support Act of 1990, any judicial, |
13 | | administrative, or other act of another state or |
14 | | territory, any other statute of this State, or by any |
15 | | foreign nation establishing the father and child |
16 | | relationship, any other proceeding substantially in |
17 | | conformity with the federal Personal Responsibility and |
18 | | Work Opportunity Reconciliation Act of 1996, or when both |
19 | | parties appeared in open court or at an administrative |
20 | | hearing acknowledging under oath or admitting by |
21 | | affirmation the existence of a father and child |
22 | | relationship. Absent such an adjudication, no putative |
23 | | father shall be granted
temporary allocation of parental |
24 | | responsibilities, including parenting time with the minor |
25 | | child, or
physical care
and possession of the minor child, |
26 | | nor shall
an order of payment for support of the minor |
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1 | | child be entered.
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2 | | (d) Balance of hardships; findings. If the court finds |
3 | | that the balance
of hardships does not support the granting of |
4 | | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
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5 | | subsection (b) of this Section,
which may require such |
6 | | balancing, the court's findings shall so
indicate and shall |
7 | | include a finding as to whether granting the remedy will
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8 | | result in hardship to respondent that would substantially |
9 | | outweigh the hardship
to petitioner
from denial of the remedy. |
10 | | The findings shall be an official record or in
writing.
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11 | | (e) Denial of remedies. Denial of any remedy shall not be |
12 | | based, in
whole or in part, on evidence that:
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13 | | (1) respondent has cause for any use of force, unless |
14 | | that cause
satisfies the standards for justifiable use of |
15 | | force provided by Article
7 of the Criminal Code of 2012;
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16 | | (2) respondent was voluntarily intoxicated;
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17 | | (3) petitioner acted in self-defense or defense of |
18 | | another, provided
that, if petitioner utilized force, such |
19 | | force was justifiable under
Article 7 of the Criminal Code |
20 | | of 2012;
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21 | | (4) petitioner did not act in self-defense or defense |
22 | | of another;
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23 | | (5) petitioner left the residence or household to |
24 | | avoid further abuse
by respondent;
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25 | | (6) petitioner did not leave the residence or |
26 | | household to avoid further
abuse by respondent; or
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1 | | (7) conduct by any family or household member excused |
2 | | the abuse by
respondent, unless that same conduct would |
3 | | have excused such abuse if the
parties had not been family |
4 | | or household members.
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5 | | (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; |
6 | | 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. |
7 | | 1-1-19; 101-81, eff. 7-12-19.)
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8 | | Section 40. The Unified Code of Corrections is amended by |
9 | | changing Section 5-4-3a as follows: |
10 | | (730 ILCS 5/5-4-3a) |
11 | | Sec. 5-4-3a. DNA testing backlog accountability. |
12 | | (a) On or before August 1 of each year, the Department of |
13 | | State Police shall report to the Governor and both houses of |
14 | | the General Assembly the following information: |
15 | | (1) the extent of the backlog of cases awaiting |
16 | | testing or awaiting DNA analysis by that Department, |
17 | | including but not limited to those tests conducted under |
18 | | Section 5-4-3, as of June 30 of the previous fiscal year, |
19 | | with the backlog being defined as all cases awaiting |
20 | | forensic testing whether in the physical custody of the |
21 | | State Police or in the physical custody of local law |
22 | | enforcement, provided that the State Police have written |
23 | | notice of any evidence in the physical custody of local |
24 | | law enforcement prior to June 1 of that year; and |
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1 | | (2) what measures have been and are being taken to |
2 | | reduce that backlog and the estimated costs or |
3 | | expenditures in doing so. |
4 | | (b) The information reported under this Section shall be |
5 | | made available to the public, at the time it is reported, on |
6 | | the official web site of the Department of State Police.
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7 | | (c) Beginning January 1, 2016, the Department of State |
8 | | Police shall quarterly report on the status of the processing |
9 | | of forensic biology and DNA evidence submitted to the |
10 | | Department of State Police Laboratory for analysis. The report |
11 | | shall be submitted to the Governor and the General Assembly, |
12 | | and shall be posted on the Department of State Police website. |
13 | | The report shall include the following for each State Police |
14 | | Laboratory location and any laboratory to which the Department |
15 | | of State Police has outsourced evidence for testing: |
16 | | (1) For forensic biology submissions, report both |
17 | | total case and sexual assault or abuse case (as defined by |
18 | | the Sexual Assault Evidence Submission Act) figures for: |
19 | | (A) The number of cases received in the preceding |
20 | | quarter. |
21 | | (B) The number of cases completed in the preceding |
22 | | quarter. |
23 | | (C) The number of cases waiting analysis. |
24 | | (D) The number of cases sent for outsourcing. |
25 | | (E) The number of cases waiting analysis that were |
26 | | received within the past 30 days. |
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1 | | (F) The number of cases waiting analysis that were |
2 | | received 31 to 90 days prior. |
3 | | (G) The number of cases waiting analysis that were |
4 | | received 91 to 180 days prior. |
5 | | (H) The number of cases waiting analysis that were |
6 | | received 181 to 365 days prior. |
7 | | (I) The number of cases waiting analysis that were |
8 | | received more than 365 days prior. |
9 | | (J) The number of cases forwarded for DNA |
10 | | analyses. |
11 | | (2) For DNA submissions, report both total case and |
12 | | sexual assault or abuse case (as defined by the Sexual |
13 | | Assault Evidence Submission Act) figures for: |
14 | | (A) The number of cases received in the preceding |
15 | | quarter. |
16 | | (B) The number of cases completed in the preceding |
17 | | quarter. |
18 | | (C) The number of cases waiting analysis. |
19 | | (D) The number of cases sent for outsourcing. |
20 | | (E) The number of cases waiting analysis that were |
21 | | received within the past 30 days. |
22 | | (F) The number of cases waiting analysis that were |
23 | | received 31 to 90 days prior. |
24 | | (G) The number of cases waiting analysis that were |
25 | | received 91 to 180 days prior. |
26 | | (H) The number of cases waiting analysis that were |
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1 | | received 181 to 365 days prior. |
2 | | (I) The number of cases waiting analysis that were |
3 | | received more than 365 days prior. |
4 | | (3) For all other categories of testing (e.g., drug |
5 | | chemistry, firearms/toolmark, footwear/tire track, latent |
6 | | prints, toxicology, and trace chemistry analysis): |
7 | | (A) The number of cases received in the preceding |
8 | | quarter. |
9 | | (B) The number of cases completed in the preceding |
10 | | quarter. |
11 | | (C) The number of cases waiting analysis. |
12 | | (D) The number of cases entered in the National |
13 | | Integrated Ballistic Information Network (NIBIN). |
14 | | (E) The number of investigative leads developed |
15 | | from National Integrated Ballistic Information Network |
16 | | (NIBIN) analysis. |
17 | | (4) For the Combined DNA Index System (CODIS), report |
18 | | both total case and sexual assault or abuse case (as |
19 | | defined by the Sexual Assault Evidence Submission Act) |
20 | | figures for subparagraphs (D), (E), and (F) of this |
21 | | paragraph (4): |
22 | | (A) The number of new offender samples received in |
23 | | the preceding quarter. |
24 | | (B) The number of offender samples uploaded to |
25 | | CODIS in the preceding quarter. |
26 | | (C) The number of offender samples awaiting |
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1 | | analysis. |
2 | | (D) The number of unknown DNA case profiles |
3 | | uploaded to CODIS in the preceding quarter. |
4 | | (E) The number of CODIS hits in the preceding |
5 | | quarter. |
6 | | (F) The number of forensic evidence submissions |
7 | | submitted to confirm a previously reported CODIS hit. |
8 | | (5) For each category of testing, report the number of |
9 | | trained forensic scientists and the number of forensic |
10 | | scientists in training. |
11 | | As used in this subsection (c), "completed" means |
12 | | completion of both the analysis of the evidence and the |
13 | | provision of the results to the submitting law enforcement |
14 | | agency. |
15 | | (d) The provisions of this subsection (d), other than this |
16 | | sentence, are inoperative on and after January 1, 2019 or 2 |
17 | | years after the effective date of this amendatory Act of the |
18 | | 99th General Assembly, whichever is later. In consultation |
19 | | with and subject to the approval of the Chief Procurement |
20 | | Officer, the Department of State Police may obtain contracts |
21 | | for services, commodities, and equipment to assist in the |
22 | | timely completion of forensic biology, DNA, drug chemistry, |
23 | | firearms/toolmark, footwear/tire track, latent prints, |
24 | | toxicology, microscopy, trace chemistry, and Combined DNA |
25 | | Index System (CODIS) analysis. Contracts to support the |
26 | | delivery of timely forensic science services are not subject |
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1 | | to the provisions of the Illinois Procurement Code, except for |
2 | | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of |
3 | | that Code, provided that the Chief Procurement Officer may, in |
4 | | writing with justification, waive any certification required |
5 | | under Article 50 of the Illinois Procurement Code. For any |
6 | | contracts for services which are currently provided by members |
7 | | of a collective bargaining agreement, the applicable terms of |
8 | | the collective bargaining agreement concerning subcontracting |
9 | | shall be followed. |
10 | | (Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17 .) |
11 | | Section 90. Illinois State Police; adoption of rules. The |
12 | | Illinois State Police shall adopt rules to implement this Act. |
13 | | Section 95. No acceleration or delay. Where this Act makes |
14 | | changes in a statute that is represented in this Act by text |
15 | | that is not yet or no longer in effect (for example, a Section |
16 | | represented by multiple versions), the use of that text does |
17 | | not accelerate or delay the taking effect of (i) the changes |
18 | | made by this Act or (ii) provisions derived from any other |
19 | | Public Act. |
20 | | Section 99. Effective date. This Act takes effect on |
21 | | January 1, 2022, except that the amendatory changes to Section |
22 | | 3 of the Firearm Owners Identification Card Act take effect |
23 | | January 1, 2024. |