Sen. David Koehler
Filed: 5/30/2021
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1 | AMENDMENT TO HOUSE BILL 562
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2 | AMENDMENT NO. ______. Amend House Bill 562 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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)
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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 |
| |||||||
| |||||||
1 | not require the holding of
a closed meeting to discuss a | ||||||
2 | subject included within an enumerated exception.
| ||||||
3 | (c) Exceptions. A public body may hold closed meetings to | ||||||
4 | consider the
following subjects:
| ||||||
5 | (1) The appointment, employment, compensation, | ||||||
6 | discipline, performance,
or dismissal of specific | ||||||
7 | employees, specific individuals who serve as independent | ||||||
8 | contractors in a park, recreational, or educational | ||||||
9 | setting, or specific volunteers of the public body or | ||||||
10 | legal counsel for
the public body, including hearing
| ||||||
11 | testimony on a complaint lodged against an employee, a | ||||||
12 | specific individual who serves as an independent | ||||||
13 | contractor in a park, recreational, or educational | ||||||
14 | setting, or a volunteer of the public body or
against | ||||||
15 | legal counsel for the public body to determine its | ||||||
16 | validity. However, a meeting to consider an increase in | ||||||
17 | compensation to a specific employee of a public body that | ||||||
18 | is subject to the Local Government Wage Increase | ||||||
19 | Transparency Act may not be closed and shall be open to the | ||||||
20 | public and posted and held in accordance with this Act.
| ||||||
21 | (2) Collective negotiating matters between the public | ||||||
22 | body and its
employees or their representatives, or | ||||||
23 | deliberations concerning salary
schedules for one or more | ||||||
24 | classes of employees.
| ||||||
25 | (3) The selection of a person to fill a public office,
| ||||||
26 | as defined in this Act, including a vacancy in a public |
| |||||||
| |||||||
1 | office, when the public
body is given power to appoint | ||||||
2 | under law or ordinance, or the discipline,
performance or | ||||||
3 | removal of the occupant of a public office, when the | ||||||
4 | public body
is given power to remove the occupant under | ||||||
5 | law or ordinance.
| ||||||
6 | (4) Evidence or testimony presented in open hearing, | ||||||
7 | or in closed
hearing where specifically authorized by law, | ||||||
8 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
9 | provided that the body
prepares and makes available for | ||||||
10 | public inspection a written decision
setting forth its | ||||||
11 | determinative reasoning.
| ||||||
12 | (5) The purchase or lease of real property for the use | ||||||
13 | of
the public body, including meetings held for the | ||||||
14 | purpose of discussing
whether a particular parcel should | ||||||
15 | be acquired.
| ||||||
16 | (6) The setting of a price for sale or lease of | ||||||
17 | property owned
by the public body.
| ||||||
18 | (7) The sale or purchase of securities, investments, | ||||||
19 | or investment
contracts. This exception shall not apply to | ||||||
20 | the investment of assets or income of funds deposited into | ||||||
21 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
22 | (8) Security procedures, school building safety and | ||||||
23 | security, and the use of personnel and
equipment to | ||||||
24 | respond to an actual, a threatened, or a reasonably
| ||||||
25 | potential danger to the safety of employees, students, | ||||||
26 | staff, the public, or
public
property.
|
| |||||||
| |||||||
1 | (9) Student disciplinary cases.
| ||||||
2 | (10) The placement of individual students in special | ||||||
3 | education
programs and other matters relating to | ||||||
4 | individual students.
| ||||||
5 | (11) Litigation, when an action against, affecting or | ||||||
6 | on behalf of the
particular public body has been filed and | ||||||
7 | is pending before a court or
administrative tribunal, or | ||||||
8 | when the public body finds that an action is
probable or | ||||||
9 | imminent, in which case the basis for the finding shall be
| ||||||
10 | recorded and entered into the minutes of the closed | ||||||
11 | meeting.
| ||||||
12 | (12) The establishment of reserves or settlement of | ||||||
13 | claims as provided
in the Local Governmental and | ||||||
14 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
15 | disposition of a claim or potential claim might be
| ||||||
16 | prejudiced, or the review or discussion of claims, loss or | ||||||
17 | risk management
information, records, data, advice or | ||||||
18 | communications from or with respect
to any insurer of the | ||||||
19 | public body or any intergovernmental risk management
| ||||||
20 | association or self insurance pool of which the public | ||||||
21 | body is a member.
| ||||||
22 | (13) Conciliation of complaints of discrimination in | ||||||
23 | the sale or rental
of housing, when closed meetings are | ||||||
24 | authorized by the law or ordinance
prescribing fair | ||||||
25 | housing practices and creating a commission or
| ||||||
26 | administrative agency for their enforcement.
|
| |||||||
| |||||||
1 | (14) Informant sources, the hiring or assignment of | ||||||
2 | undercover personnel
or equipment, or ongoing, prior or | ||||||
3 | future criminal investigations, when
discussed by a public | ||||||
4 | body with criminal investigatory responsibilities.
| ||||||
5 | (15) Professional ethics or performance when | ||||||
6 | considered by an advisory
body appointed to advise a | ||||||
7 | licensing or regulatory agency on matters
germane to the | ||||||
8 | advisory body's field of competence.
| ||||||
9 | (16) Self evaluation, practices and procedures or | ||||||
10 | professional ethics,
when meeting with a representative of | ||||||
11 | a statewide association of which the
public body is a | ||||||
12 | member.
| ||||||
13 | (17) The recruitment, credentialing, discipline or | ||||||
14 | formal peer review
of physicians or other
health care | ||||||
15 | professionals, or for the discussion of matters protected | ||||||
16 | under the federal Patient Safety and Quality Improvement | ||||||
17 | Act of 2005, and the regulations promulgated thereunder, | ||||||
18 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
19 | Health Insurance Portability and Accountability Act of | ||||||
20 | 1996, and the regulations promulgated thereunder, | ||||||
21 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
22 | hospital, or
other institution providing medical care, | ||||||
23 | that is operated by the public body.
| ||||||
24 | (18) Deliberations for decisions of the Prisoner | ||||||
25 | Review Board.
| ||||||
26 | (19) Review or discussion of applications received |
| |||||||
| |||||||
1 | under the
Experimental Organ Transplantation Procedures | ||||||
2 | Act.
| ||||||
3 | (20) The classification and discussion of matters | ||||||
4 | classified as
confidential or continued confidential by | ||||||
5 | the State Government Suggestion Award
Board.
| ||||||
6 | (21) Discussion of minutes of meetings lawfully closed | ||||||
7 | under this Act,
whether for purposes of approval by the | ||||||
8 | body of the minutes or semi-annual
review of the minutes | ||||||
9 | as mandated by Section 2.06.
| ||||||
10 | (22) Deliberations for decisions of the State
| ||||||
11 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
12 | (23) The operation by a municipality of a municipal | ||||||
13 | utility or the
operation of a
municipal power agency or | ||||||
14 | municipal natural gas agency when the
discussion involves | ||||||
15 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
16 | of electricity or natural gas or (ii) the results
or | ||||||
17 | conclusions of load forecast studies.
| ||||||
18 | (24) Meetings of a residential health care facility | ||||||
19 | resident sexual
assault and death review
team or
the | ||||||
20 | Executive
Council under the Abuse Prevention Review
Team | ||||||
21 | Act.
| ||||||
22 | (25) Meetings of an independent team of experts under | ||||||
23 | Brian's Law. | ||||||
24 | (26) Meetings of a mortality review team appointed | ||||||
25 | under the Department of Juvenile Justice Mortality Review | ||||||
26 | Team Act. |
| |||||||
| |||||||
1 | (27) (Blank). | ||||||
2 | (28) Correspondence and records (i) that may not be | ||||||
3 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
4 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
5 | the Illinois Public Aid Code. | ||||||
6 | (29) Meetings between internal or external auditors | ||||||
7 | and governmental audit committees, finance committees, and | ||||||
8 | their equivalents, when the discussion involves internal | ||||||
9 | control weaknesses, identification of potential fraud risk | ||||||
10 | areas, known or suspected frauds, and fraud interviews | ||||||
11 | conducted in accordance with generally accepted auditing | ||||||
12 | standards of the United States of America. | ||||||
13 | (30) Those meetings or portions of meetings of a | ||||||
14 | fatality review team or the Illinois Fatality Review Team | ||||||
15 | Advisory Council during which a review of the death of an | ||||||
16 | eligible adult in which abuse or neglect is suspected, | ||||||
17 | alleged, or substantiated is conducted pursuant to Section | ||||||
18 | 15 of the Adult Protective Services Act. | ||||||
19 | (31) Meetings and deliberations for decisions of the | ||||||
20 | Concealed Carry Licensing Review Board under the Firearm | ||||||
21 | Concealed Carry Act. | ||||||
22 | (32) Meetings between the Regional Transportation | ||||||
23 | Authority Board and its Service Boards when the discussion | ||||||
24 | involves review by the Regional Transportation Authority | ||||||
25 | Board of employment contracts under Section 28d of the | ||||||
26 | Metropolitan Transit Authority Act and Sections 3A.18 and |
| |||||||
| |||||||
1 | 3B.26 of the Regional Transportation Authority Act. | ||||||
2 | (33) Those meetings or portions of meetings of the | ||||||
3 | advisory committee and peer review subcommittee created | ||||||
4 | under Section 320 of the Illinois Controlled Substances | ||||||
5 | Act during which specific controlled substance prescriber, | ||||||
6 | dispenser, or patient information is discussed. | ||||||
7 | (34) Meetings of the Tax Increment Financing Reform | ||||||
8 | Task Force under Section 2505-800 of the Department of | ||||||
9 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
10 | (35) Meetings of the group established to discuss | ||||||
11 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
12 | Illinois Public Aid Code. | ||||||
13 | (36) Those deliberations or portions of deliberations | ||||||
14 | for decisions of the Illinois Gaming Board in which there | ||||||
15 | is discussed any of the following: (i) personal, | ||||||
16 | commercial, financial, or other information obtained from | ||||||
17 | any source that is privileged, proprietary, confidential, | ||||||
18 | or a trade secret; or (ii) information specifically | ||||||
19 | exempted from the disclosure by federal or State law. | ||||||
20 | (d) Definitions. For purposes of this Section:
| ||||||
21 | "Employee" means a person employed by a public body whose | ||||||
22 | relationship
with the public body constitutes an | ||||||
23 | employer-employee relationship under
the usual common law | ||||||
24 | rules, and who is not an independent contractor.
| ||||||
25 | "Public office" means a position created by or under the
| ||||||
26 | Constitution or laws of this State, the occupant of which is |
| |||||||
| |||||||
1 | charged with
the exercise of some portion of the sovereign | ||||||
2 | power of this State. The term
"public office" shall include | ||||||
3 | members of the public body, but it shall not
include | ||||||
4 | organizational positions filled by members thereof, whether
| ||||||
5 | established by law or by a public body itself, that exist to | ||||||
6 | assist the
body in the conduct of its business.
| ||||||
7 | "Quasi-adjudicative body" means an administrative body | ||||||
8 | charged by law or
ordinance with the responsibility to conduct | ||||||
9 | hearings, receive evidence or
testimony and make | ||||||
10 | determinations based
thereon, but does not include
local | ||||||
11 | electoral boards when such bodies are considering petition | ||||||
12 | challenges.
| ||||||
13 | (e) Final action. No final action may be taken at a closed | ||||||
14 | meeting.
Final action shall be preceded by a public recital of | ||||||
15 | the nature of the
matter being considered and other | ||||||
16 | information that will inform the
public of the business being | ||||||
17 | conducted.
| ||||||
18 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
19 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
20 | 8-23-19; revised 9-27-19.) | ||||||
21 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
22 | Sec. 2. Open meetings.
| ||||||
23 | (a) Openness required. All meetings of public
bodies shall | ||||||
24 | be open to the public unless excepted in subsection (c)
and | ||||||
25 | closed in accordance with Section 2a.
|
| |||||||
| |||||||
1 | (b) Construction of exceptions. The exceptions contained | ||||||
2 | in subsection
(c) are in derogation of the requirement that | ||||||
3 | public bodies
meet in the open, and therefore, the exceptions | ||||||
4 | are to be strictly
construed, extending only to subjects | ||||||
5 | clearly within their scope.
The exceptions authorize but do | ||||||
6 | not require the holding of
a closed meeting to discuss a | ||||||
7 | subject included within an enumerated exception.
| ||||||
8 | (c) Exceptions. A public body may hold closed meetings to | ||||||
9 | consider the
following subjects:
| ||||||
10 | (1) The appointment, employment, compensation, | ||||||
11 | discipline, performance,
or dismissal of specific | ||||||
12 | employees, specific individuals who serve as independent | ||||||
13 | contractors in a park, recreational, or educational | ||||||
14 | setting, or specific volunteers of the public body or | ||||||
15 | legal counsel for
the public body, including hearing
| ||||||
16 | testimony on a complaint lodged against an employee, a | ||||||
17 | specific individual who serves as an independent | ||||||
18 | contractor in a park, recreational, or educational | ||||||
19 | setting, or a volunteer of the public body or
against | ||||||
20 | legal counsel for the public body to determine its | ||||||
21 | validity. However, a meeting to consider an increase in | ||||||
22 | compensation to a specific employee of a public body that | ||||||
23 | is subject to the Local Government Wage Increase | ||||||
24 | Transparency Act may not be closed and shall be open to the | ||||||
25 | public and posted and held in accordance with this Act.
| ||||||
26 | (2) Collective negotiating matters between the public |
| |||||||
| |||||||
1 | body and its
employees or their representatives, or | ||||||
2 | deliberations concerning salary
schedules for one or more | ||||||
3 | classes of employees.
| ||||||
4 | (3) The selection of a person to fill a public office,
| ||||||
5 | as defined in this Act, including a vacancy in a public | ||||||
6 | office, when the public
body is given power to appoint | ||||||
7 | under law or ordinance, or the discipline,
performance or | ||||||
8 | removal of the occupant of a public office, when the | ||||||
9 | public body
is given power to remove the occupant under | ||||||
10 | law or ordinance.
| ||||||
11 | (4) Evidence or testimony presented in open hearing, | ||||||
12 | or in closed
hearing where specifically authorized by law, | ||||||
13 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
14 | provided that the body
prepares and makes available for | ||||||
15 | public inspection a written decision
setting forth its | ||||||
16 | determinative reasoning.
| ||||||
17 | (5) The purchase or lease of real property for the use | ||||||
18 | of
the public body, including meetings held for the | ||||||
19 | purpose of discussing
whether a particular parcel should | ||||||
20 | be acquired.
| ||||||
21 | (6) The setting of a price for sale or lease of | ||||||
22 | property owned
by the public body.
| ||||||
23 | (7) The sale or purchase of securities, investments, | ||||||
24 | or investment
contracts. This exception shall not apply to | ||||||
25 | the investment of assets or income of funds deposited into | ||||||
26 | the Illinois Prepaid Tuition Trust Fund.
|
| |||||||
| |||||||
1 | (8) Security procedures, school building safety and | ||||||
2 | security, and the use of personnel and
equipment to | ||||||
3 | respond to an actual, a threatened, or a reasonably
| ||||||
4 | potential danger to the safety of employees, students, | ||||||
5 | staff, the public, or
public
property.
| ||||||
6 | (9) Student disciplinary cases.
| ||||||
7 | (10) The placement of individual students in special | ||||||
8 | education
programs and other matters relating to | ||||||
9 | individual students.
| ||||||
10 | (11) Litigation, when an action against, affecting or | ||||||
11 | on behalf of the
particular public body has been filed and | ||||||
12 | is pending before a court or
administrative tribunal, or | ||||||
13 | when the public body finds that an action is
probable or | ||||||
14 | imminent, in which case the basis for the finding shall be
| ||||||
15 | recorded and entered into the minutes of the closed | ||||||
16 | meeting.
| ||||||
17 | (12) The establishment of reserves or settlement of | ||||||
18 | claims as provided
in the Local Governmental and | ||||||
19 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
20 | disposition of a claim or potential claim might be
| ||||||
21 | prejudiced, or the review or discussion of claims, loss or | ||||||
22 | risk management
information, records, data, advice or | ||||||
23 | communications from or with respect
to any insurer of the | ||||||
24 | public body or any intergovernmental risk management
| ||||||
25 | association or self insurance pool of which the public | ||||||
26 | body is a member.
|
| |||||||
| |||||||
1 | (13) Conciliation of complaints of discrimination in | ||||||
2 | the sale or rental
of housing, when closed meetings are | ||||||
3 | authorized by the law or ordinance
prescribing fair | ||||||
4 | housing practices and creating a commission or
| ||||||
5 | administrative agency for their enforcement.
| ||||||
6 | (14) Informant sources, the hiring or assignment of | ||||||
7 | undercover personnel
or equipment, or ongoing, prior or | ||||||
8 | future criminal investigations, when
discussed by a public | ||||||
9 | body with criminal investigatory responsibilities.
| ||||||
10 | (15) Professional ethics or performance when | ||||||
11 | considered by an advisory
body appointed to advise a | ||||||
12 | licensing or regulatory agency on matters
germane to the | ||||||
13 | advisory body's field of competence.
| ||||||
14 | (16) Self evaluation, practices and procedures or | ||||||
15 | professional ethics,
when meeting with a representative of | ||||||
16 | a statewide association of which the
public body is a | ||||||
17 | member.
| ||||||
18 | (17) The recruitment, credentialing, discipline or | ||||||
19 | formal peer review
of physicians or other
health care | ||||||
20 | professionals, or for the discussion of matters protected | ||||||
21 | under the federal Patient Safety and Quality Improvement | ||||||
22 | Act of 2005, and the regulations promulgated thereunder, | ||||||
23 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
24 | Health Insurance Portability and Accountability Act of | ||||||
25 | 1996, and the regulations promulgated thereunder, | ||||||
26 | including 45 C.F.R. Parts 160, 162, and 164, by a |
| |||||||
| |||||||
1 | hospital, or
other institution providing medical care, | ||||||
2 | that is operated by the public body.
| ||||||
3 | (18) Deliberations for decisions of the Prisoner | ||||||
4 | Review Board.
| ||||||
5 | (19) Review or discussion of applications received | ||||||
6 | under the
Experimental Organ Transplantation Procedures | ||||||
7 | Act.
| ||||||
8 | (20) The classification and discussion of matters | ||||||
9 | classified as
confidential or continued confidential by | ||||||
10 | the State Government Suggestion Award
Board.
| ||||||
11 | (21) Discussion of minutes of meetings lawfully closed | ||||||
12 | under this Act,
whether for purposes of approval by the | ||||||
13 | body of the minutes or semi-annual
review of the minutes | ||||||
14 | as mandated by Section 2.06.
| ||||||
15 | (22) Deliberations for decisions of the State
| ||||||
16 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
17 | (23) The operation by a municipality of a municipal | ||||||
18 | utility or the
operation of a
municipal power agency or | ||||||
19 | municipal natural gas agency when the
discussion involves | ||||||
20 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
21 | of electricity or natural gas or (ii) the results
or | ||||||
22 | conclusions of load forecast studies.
| ||||||
23 | (24) Meetings of a residential health care facility | ||||||
24 | resident sexual
assault and death review
team or
the | ||||||
25 | Executive
Council under the Abuse Prevention Review
Team | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | (25) Meetings of an independent team of experts under | ||||||
2 | Brian's Law. | ||||||
3 | (26) Meetings of a mortality review team appointed | ||||||
4 | under the Department of Juvenile Justice Mortality Review | ||||||
5 | Team Act. | ||||||
6 | (27) (Blank). | ||||||
7 | (28) Correspondence and records (i) that may not be | ||||||
8 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
9 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
10 | the Illinois Public Aid Code. | ||||||
11 | (29) Meetings between internal or external auditors | ||||||
12 | and governmental audit committees, finance committees, and | ||||||
13 | their equivalents, when the discussion involves internal | ||||||
14 | control weaknesses, identification of potential fraud risk | ||||||
15 | areas, known or suspected frauds, and fraud interviews | ||||||
16 | conducted in accordance with generally accepted auditing | ||||||
17 | standards of the United States of America. | ||||||
18 | (30) Those meetings or portions of meetings of a | ||||||
19 | fatality review team or the Illinois Fatality Review Team | ||||||
20 | Advisory Council during which a review of the death of an | ||||||
21 | eligible adult in which abuse or neglect is suspected, | ||||||
22 | alleged, or substantiated is conducted pursuant to Section | ||||||
23 | 15 of the Adult Protective Services Act. | ||||||
24 | (31) Meetings and deliberations for decisions of the | ||||||
25 | Concealed Carry Licensing Review Board under the Firearm | ||||||
26 | Concealed Carry Act. |
| |||||||
| |||||||
1 | (32) Meetings between the Regional Transportation | ||||||
2 | Authority Board and its Service Boards when the discussion | ||||||
3 | involves review by the Regional Transportation Authority | ||||||
4 | Board of employment contracts under Section 28d of the | ||||||
5 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
6 | 3B.26 of the Regional Transportation Authority Act. | ||||||
7 | (33) Those meetings or portions of meetings of the | ||||||
8 | advisory committee and peer review subcommittee created | ||||||
9 | under Section 320 of the Illinois Controlled Substances | ||||||
10 | Act during which specific controlled substance prescriber, | ||||||
11 | dispenser, or patient information is discussed. | ||||||
12 | (34) Meetings of the Tax Increment Financing Reform | ||||||
13 | Task Force under Section 2505-800 of the Department of | ||||||
14 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
15 | (35) Meetings of the group established to discuss | ||||||
16 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
17 | Illinois Public Aid Code. | ||||||
18 | (36) Those deliberations or portions of deliberations | ||||||
19 | for decisions of the Illinois Gaming Board in which there | ||||||
20 | is discussed any of the following: (i) personal, | ||||||
21 | commercial, financial, or other information obtained from | ||||||
22 | any source that is privileged, proprietary, confidential, | ||||||
23 | or a trade secret; or (ii) information specifically | ||||||
24 | exempted from the disclosure by federal or State law. | ||||||
25 | (37) Deliberations for decisions of the Illinois Law
| ||||||
26 | Enforcement Training Standards Board, the Certification |
| |||||||
| |||||||
1 | Review Panel, and the Illinois State Police Merit Board | ||||||
2 | regarding certification and decertification. | ||||||
3 | (38) Meetings of the Firearm Owner's Identification | ||||||
4 | Card Review Board under Section 10 of the Firearm Owners | ||||||
5 | Identification Card Act. | ||||||
6 | (d) Definitions. For purposes of this Section:
| ||||||
7 | "Employee" means a person employed by a public body whose | ||||||
8 | relationship
with the public body constitutes an | ||||||
9 | employer-employee relationship under
the usual common law | ||||||
10 | rules, and who is not an independent contractor.
| ||||||
11 | "Public office" means a position created by or under the
| ||||||
12 | Constitution or laws of this State, the occupant of which is | ||||||
13 | charged with
the exercise of some portion of the sovereign | ||||||
14 | power of this State. The term
"public office" shall include | ||||||
15 | members of the public body, but it shall not
include | ||||||
16 | organizational positions filled by members thereof, whether
| ||||||
17 | established by law or by a public body itself, that exist to | ||||||
18 | assist the
body in the conduct of its business.
| ||||||
19 | "Quasi-adjudicative body" means an administrative body | ||||||
20 | charged by law or
ordinance with the responsibility to conduct | ||||||
21 | hearings, receive evidence or
testimony and make | ||||||
22 | determinations based
thereon, but does not include
local | ||||||
23 | electoral boards when such bodies are considering petition | ||||||
24 | challenges.
| ||||||
25 | (e) Final action. No final action may be taken at a closed | ||||||
26 | meeting.
Final action shall be preceded by a public recital of |
| |||||||
| |||||||
1 | the nature of the
matter being considered and other | ||||||
2 | information that will inform the
public of the business being | ||||||
3 | conducted.
| ||||||
4 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
5 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
6 | 8-23-19; 101-652, eff. 1-1-22.) | ||||||
7 | Section 5. The Freedom of Information Act is amended by | ||||||
8 | changing Section 7.5 as follows:
| ||||||
9 | (5 ILCS 140/7.5)
| ||||||
10 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
11 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
12 | by the statutes referenced below, the following shall be | ||||||
13 | exempt from inspection and copying: | ||||||
14 | (a) All information determined to be confidential | ||||||
15 | under Section 4002 of the Technology Advancement and | ||||||
16 | Development Act. | ||||||
17 | (b) Library circulation and order records identifying | ||||||
18 | library users with specific materials under the Library | ||||||
19 | Records Confidentiality Act. | ||||||
20 | (c) Applications, related documents, and medical | ||||||
21 | records received by the Experimental Organ Transplantation | ||||||
22 | Procedures Board and any and all documents or other | ||||||
23 | records prepared by the Experimental Organ Transplantation | ||||||
24 | Procedures Board or its staff relating to applications it |
| |||||||
| |||||||
1 | has received. | ||||||
2 | (d) Information and records held by the Department of | ||||||
3 | Public Health and its authorized representatives relating | ||||||
4 | to known or suspected cases of sexually transmissible | ||||||
5 | disease or any information the disclosure of which is | ||||||
6 | restricted under the Illinois Sexually Transmissible | ||||||
7 | Disease Control Act. | ||||||
8 | (e) Information the disclosure of which is exempted | ||||||
9 | under Section 30 of the Radon Industry Licensing Act. | ||||||
10 | (f) Firm performance evaluations under Section 55 of | ||||||
11 | the Architectural, Engineering, and Land Surveying | ||||||
12 | Qualifications Based Selection Act. | ||||||
13 | (g) Information the disclosure of which is restricted | ||||||
14 | and exempted under Section 50 of the Illinois Prepaid | ||||||
15 | Tuition Act. | ||||||
16 | (h) Information the disclosure of which is exempted | ||||||
17 | under the State Officials and Employees Ethics Act, and | ||||||
18 | records of any lawfully created State or local inspector | ||||||
19 | general's office that would be exempt if created or | ||||||
20 | obtained by an Executive Inspector General's office under | ||||||
21 | that Act. | ||||||
22 | (i) Information contained in a local emergency energy | ||||||
23 | plan submitted to a municipality in accordance with a | ||||||
24 | local emergency energy plan ordinance that is adopted | ||||||
25 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
26 | (j) Information and data concerning the distribution |
| |||||||
| |||||||
1 | of surcharge moneys collected and remitted by carriers | ||||||
2 | under the Emergency Telephone System Act. | ||||||
3 | (k) Law enforcement officer identification information | ||||||
4 | or driver identification information compiled by a law | ||||||
5 | enforcement agency or the Department of Transportation | ||||||
6 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
7 | (l) Records and information provided to a residential | ||||||
8 | health care facility resident sexual assault and death | ||||||
9 | review team or the Executive Council under the Abuse | ||||||
10 | Prevention Review Team Act. | ||||||
11 | (m) Information provided to the predatory lending | ||||||
12 | database created pursuant to Article 3 of the Residential | ||||||
13 | Real Property Disclosure Act, except to the extent | ||||||
14 | authorized under that Article. | ||||||
15 | (n) Defense budgets and petitions for certification of | ||||||
16 | compensation and expenses for court appointed trial | ||||||
17 | counsel as provided under Sections 10 and 15 of the | ||||||
18 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
19 | apply until the conclusion of the trial of the case, even | ||||||
20 | if the prosecution chooses not to pursue the death penalty | ||||||
21 | prior to trial or sentencing. | ||||||
22 | (o) Information that is prohibited from being | ||||||
23 | disclosed under Section 4 of the Illinois Health and | ||||||
24 | Hazardous Substances Registry Act. | ||||||
25 | (p) Security portions of system safety program plans, | ||||||
26 | investigation reports, surveys, schedules, lists, data, or |
| |||||||
| |||||||
1 | information compiled, collected, or prepared by or for the | ||||||
2 | Regional Transportation Authority under Section 2.11 of | ||||||
3 | the Regional Transportation Authority Act or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act.
| ||||||
12 | (t) All identified or deidentified health information | ||||||
13 | in the form of health data or medical records contained | ||||||
14 | in, stored in, submitted to, transferred by, or released | ||||||
15 | from the Illinois Health Information Exchange, and | ||||||
16 | identified or deidentified health information in the form | ||||||
17 | of health data and medical records of the Illinois Health | ||||||
18 | Information Exchange in the possession of the Illinois | ||||||
19 | Health Information Exchange Office due to its | ||||||
20 | administration of the Illinois Health Information | ||||||
21 | Exchange. The terms "identified" and "deidentified" shall | ||||||
22 | be given the same meaning as in the Health Insurance | ||||||
23 | Portability and Accountability Act of 1996, Public Law | ||||||
24 | 104-191, or any subsequent amendments thereto, and any | ||||||
25 | regulations promulgated thereunder. | ||||||
26 | (u) Records and information provided to an independent |
| |||||||
| |||||||
1 | team of experts under the Developmental Disability and | ||||||
2 | Mental Health Safety Act (also known as Brian's Law). | ||||||
3 | (v) Names and information of people who have applied | ||||||
4 | for or received Firearm Owner's Identification Cards under | ||||||
5 | the Firearm Owners Identification Card Act or applied for | ||||||
6 | or received a concealed carry license under the Firearm | ||||||
7 | Concealed Carry Act, unless otherwise authorized by the | ||||||
8 | Firearm Concealed Carry Act; and databases under the | ||||||
9 | Firearm Concealed Carry Act, records of the Concealed | ||||||
10 | Carry Licensing Review Board under the Firearm Concealed | ||||||
11 | Carry Act, and law enforcement agency objections under the | ||||||
12 | Firearm Concealed Carry Act. | ||||||
13 | (w) Personally identifiable information which is | ||||||
14 | exempted from disclosure under subsection (g) of Section | ||||||
15 | 19.1 of the Toll Highway Act. | ||||||
16 | (x) Information which is exempted from disclosure | ||||||
17 | under Section 5-1014.3 of the Counties Code or Section | ||||||
18 | 8-11-21 of the Illinois Municipal Code. | ||||||
19 | (y) Confidential information under the Adult | ||||||
20 | Protective Services Act and its predecessor enabling | ||||||
21 | statute, the Elder Abuse and Neglect Act, including | ||||||
22 | information about the identity and administrative finding | ||||||
23 | against any caregiver of a verified and substantiated | ||||||
24 | decision of abuse, neglect, or financial exploitation of | ||||||
25 | an eligible adult maintained in the Registry established | ||||||
26 | under Section 7.5 of the Adult Protective Services Act. |
| |||||||
| |||||||
1 | (z) Records and information provided to a fatality | ||||||
2 | review team or the Illinois Fatality Review Team Advisory | ||||||
3 | Council under Section 15 of the Adult Protective Services | ||||||
4 | Act. | ||||||
5 | (aa) Information which is exempted from disclosure | ||||||
6 | under Section 2.37 of the Wildlife Code. | ||||||
7 | (bb) Information which is or was prohibited from | ||||||
8 | disclosure by the Juvenile Court Act of 1987. | ||||||
9 | (cc) Recordings made under the Law Enforcement | ||||||
10 | Officer-Worn Body Camera Act, except to the extent | ||||||
11 | authorized under that Act. | ||||||
12 | (dd) Information that is prohibited from being | ||||||
13 | disclosed under Section 45 of the Condominium and Common | ||||||
14 | Interest Community Ombudsperson Act. | ||||||
15 | (ee) Information that is exempted from disclosure | ||||||
16 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
17 | (ff) Information that is exempted from disclosure | ||||||
18 | under the Revised Uniform Unclaimed Property Act. | ||||||
19 | (gg) Information that is prohibited from being | ||||||
20 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
21 | Code. | ||||||
22 | (hh) Records that are exempt from disclosure under | ||||||
23 | Section 1A-16.7 of the Election Code. | ||||||
24 | (ii) Information which is exempted from disclosure | ||||||
25 | under Section 2505-800 of the Department of Revenue Law of | ||||||
26 | the Civil Administrative Code of Illinois. |
| |||||||
| |||||||
1 | (jj) Information and reports that are required to be | ||||||
2 | submitted to the Department of Labor by registering day | ||||||
3 | and temporary labor service agencies but are exempt from | ||||||
4 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
5 | and Temporary Labor Services Act. | ||||||
6 | (kk) Information prohibited from disclosure under the | ||||||
7 | Seizure and Forfeiture Reporting Act. | ||||||
8 | (ll) Information the disclosure of which is restricted | ||||||
9 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
10 | Aid Code. | ||||||
11 | (mm) Records that are exempt from disclosure under | ||||||
12 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
13 | (nn) Information that is exempt from disclosure under | ||||||
14 | Section 70 of the Higher Education Student Assistance Act. | ||||||
15 | (oo) Communications, notes, records, and reports | ||||||
16 | arising out of a peer support counseling session | ||||||
17 | prohibited from disclosure under the First Responders | ||||||
18 | Suicide Prevention Act. | ||||||
19 | (pp) Names and all identifying information relating to | ||||||
20 | an employee of an emergency services provider or law | ||||||
21 | enforcement agency under the First Responders Suicide | ||||||
22 | Prevention Act. | ||||||
23 | (qq) Information and records held by the Department of | ||||||
24 | Public Health and its authorized representatives collected | ||||||
25 | under the Reproductive Health Act. | ||||||
26 | (rr) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | the Cannabis Regulation and Tax Act. | ||||||
2 | (ss) Data reported by an employer to the Department of | ||||||
3 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
4 | Human Rights Act. | ||||||
5 | (tt) Recordings made under the Children's Advocacy | ||||||
6 | Center Act, except to the extent authorized under that | ||||||
7 | Act. | ||||||
8 | (uu) Information that is exempt from disclosure under | ||||||
9 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
10 | (vv) Information that is exempt from disclosure under | ||||||
11 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
12 | Public Aid Code. | ||||||
13 | (ww) Information that is exempt from disclosure under | ||||||
14 | Section 16.8 of the State Treasurer Act. | ||||||
15 | (xx) Information that is exempt from disclosure or | ||||||
16 | information that shall not be made public under the | ||||||
17 | Illinois Insurance Code. | ||||||
18 | (yy) Information prohibited from being disclosed under | ||||||
19 | the Illinois Educational Labor Relations Act. | ||||||
20 | (zz) Information prohibited from being disclosed under | ||||||
21 | the Illinois Public Labor Relations Act. | ||||||
22 | (aaa) Information prohibited from being disclosed | ||||||
23 | under Section 1-167 of the Illinois Pension Code. | ||||||
24 | (bbb) Information that is exempt from disclosure under | ||||||
25 | subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||||||
26 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; |
| |||||||
| |||||||
1 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
2 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
3 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
4 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
5 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
6 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
7 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
8 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
9 | eff. 7-7-20; 101-656, eff. 3-23-21.) | ||||||
10 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
11 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
12 | by the statutes referenced below, the following shall be | ||||||
13 | exempt from inspection and copying: | ||||||
14 | (a) All information determined to be confidential | ||||||
15 | under Section 4002 of the Technology Advancement and | ||||||
16 | Development Act. | ||||||
17 | (b) Library circulation and order records identifying | ||||||
18 | library users with specific materials under the Library | ||||||
19 | Records Confidentiality Act. | ||||||
20 | (c) Applications, related documents, and medical | ||||||
21 | records received by the Experimental Organ Transplantation | ||||||
22 | Procedures Board and any and all documents or other | ||||||
23 | records prepared by the Experimental Organ Transplantation | ||||||
24 | Procedures Board or its staff relating to applications it | ||||||
25 | has received. |
| |||||||
| |||||||
1 | (d) Information and records held by the Department of | ||||||
2 | Public Health and its authorized representatives relating | ||||||
3 | to known or suspected cases of sexually transmissible | ||||||
4 | disease or any information the disclosure of which is | ||||||
5 | restricted under the Illinois Sexually Transmissible | ||||||
6 | Disease Control Act. | ||||||
7 | (e) Information the disclosure of which is exempted | ||||||
8 | under Section 30 of the Radon Industry Licensing Act. | ||||||
9 | (f) Firm performance evaluations under Section 55 of | ||||||
10 | the Architectural, Engineering, and Land Surveying | ||||||
11 | Qualifications Based Selection Act. | ||||||
12 | (g) Information the disclosure of which is restricted | ||||||
13 | and exempted under Section 50 of the Illinois Prepaid | ||||||
14 | Tuition Act. | ||||||
15 | (h) Information the disclosure of which is exempted | ||||||
16 | under the State Officials and Employees Ethics Act, and | ||||||
17 | records of any lawfully created State or local inspector | ||||||
18 | general's office that would be exempt if created or | ||||||
19 | obtained by an Executive Inspector General's office under | ||||||
20 | that Act. | ||||||
21 | (i) Information contained in a local emergency energy | ||||||
22 | plan submitted to a municipality in accordance with a | ||||||
23 | local emergency energy plan ordinance that is adopted | ||||||
24 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
25 | (j) Information and data concerning the distribution | ||||||
26 | of surcharge moneys collected and remitted by carriers |
| |||||||
| |||||||
1 | under the Emergency Telephone System Act. | ||||||
2 | (k) Law enforcement officer identification information | ||||||
3 | or driver identification information compiled by a law | ||||||
4 | enforcement agency or the Department of Transportation | ||||||
5 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
6 | (l) Records and information provided to a residential | ||||||
7 | health care facility resident sexual assault and death | ||||||
8 | review team or the Executive Council under the Abuse | ||||||
9 | Prevention Review Team Act. | ||||||
10 | (m) Information provided to the predatory lending | ||||||
11 | database created pursuant to Article 3 of the Residential | ||||||
12 | Real Property Disclosure Act, except to the extent | ||||||
13 | authorized under that Article. | ||||||
14 | (n) Defense budgets and petitions for certification of | ||||||
15 | compensation and expenses for court appointed trial | ||||||
16 | counsel as provided under Sections 10 and 15 of the | ||||||
17 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
18 | apply until the conclusion of the trial of the case, even | ||||||
19 | if the prosecution chooses not to pursue the death penalty | ||||||
20 | prior to trial or sentencing. | ||||||
21 | (o) Information that is prohibited from being | ||||||
22 | disclosed under Section 4 of the Illinois Health and | ||||||
23 | Hazardous Substances Registry Act. | ||||||
24 | (p) Security portions of system safety program plans, | ||||||
25 | investigation reports, surveys, schedules, lists, data, or | ||||||
26 | information compiled, collected, or prepared by or for the |
| |||||||
| |||||||
1 | Regional Transportation Authority under Section 2.11 of | ||||||
2 | the Regional Transportation Authority Act or the St. Clair | ||||||
3 | County Transit District under the Bi-State Transit Safety | ||||||
4 | Act. | ||||||
5 | (q) Information prohibited from being disclosed by the | ||||||
6 | Personnel Record Review Act. | ||||||
7 | (r) Information prohibited from being disclosed by the | ||||||
8 | Illinois School Student Records Act. | ||||||
9 | (s) Information the disclosure of which is restricted | ||||||
10 | under Section 5-108 of the Public Utilities Act.
| ||||||
11 | (t) All identified or deidentified health information | ||||||
12 | in the form of health data or medical records contained | ||||||
13 | in, stored in, submitted to, transferred by, or released | ||||||
14 | from the Illinois Health Information Exchange, and | ||||||
15 | identified or deidentified health information in the form | ||||||
16 | of health data and medical records of the Illinois Health | ||||||
17 | Information Exchange in the possession of the Illinois | ||||||
18 | Health Information Exchange Office due to its | ||||||
19 | administration of the Illinois Health Information | ||||||
20 | Exchange. The terms "identified" and "deidentified" shall | ||||||
21 | be given the same meaning as in the Health Insurance | ||||||
22 | Portability and Accountability Act of 1996, Public Law | ||||||
23 | 104-191, or any subsequent amendments thereto, and any | ||||||
24 | regulations promulgated thereunder. | ||||||
25 | (u) Records and information provided to an independent | ||||||
26 | team of experts under the Developmental Disability and |
| |||||||
| |||||||
1 | Mental Health Safety Act (also known as Brian's Law). | ||||||
2 | (v) Names and information of people who have applied | ||||||
3 | for or received Firearm Owner's Identification Cards under | ||||||
4 | the Firearm Owners Identification Card Act or applied for | ||||||
5 | or received a concealed carry license under the Firearm | ||||||
6 | Concealed Carry Act, unless otherwise authorized by the | ||||||
7 | Firearm Concealed Carry Act; and databases under the | ||||||
8 | Firearm Concealed Carry Act, records of the Concealed | ||||||
9 | Carry Licensing Review Board under the Firearm Concealed | ||||||
10 | Carry Act, and law enforcement agency objections under the | ||||||
11 | Firearm Concealed Carry Act. | ||||||
12 | (v-5) Records of the Firearm Owner's Identification | ||||||
13 | Card Review Board that are exempted from disclosure under | ||||||
14 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
15 | (w) Personally identifiable information which is | ||||||
16 | exempted from disclosure under subsection (g) of Section | ||||||
17 | 19.1 of the Toll Highway Act. | ||||||
18 | (x) Information which is exempted from disclosure | ||||||
19 | under Section 5-1014.3 of the Counties Code or Section | ||||||
20 | 8-11-21 of the Illinois Municipal Code. | ||||||
21 | (y) Confidential information under the Adult | ||||||
22 | Protective Services Act and its predecessor enabling | ||||||
23 | statute, the Elder Abuse and Neglect Act, including | ||||||
24 | information about the identity and administrative finding | ||||||
25 | against any caregiver of a verified and substantiated | ||||||
26 | decision of abuse, neglect, or financial exploitation of |
| |||||||
| |||||||
1 | an eligible adult maintained in the Registry established | ||||||
2 | under Section 7.5 of the Adult Protective Services Act. | ||||||
3 | (z) Records and information provided to a fatality | ||||||
4 | review team or the Illinois Fatality Review Team Advisory | ||||||
5 | Council under Section 15 of the Adult Protective Services | ||||||
6 | Act. | ||||||
7 | (aa) Information which is exempted from disclosure | ||||||
8 | under Section 2.37 of the Wildlife Code. | ||||||
9 | (bb) Information which is or was prohibited from | ||||||
10 | disclosure by the Juvenile Court Act of 1987. | ||||||
11 | (cc) Recordings made under the Law Enforcement | ||||||
12 | Officer-Worn Body Camera Act, except to the extent | ||||||
13 | authorized under that Act. | ||||||
14 | (dd) Information that is prohibited from being | ||||||
15 | disclosed under Section 45 of the Condominium and Common | ||||||
16 | Interest Community Ombudsperson Act. | ||||||
17 | (ee) Information that is exempted from disclosure | ||||||
18 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
19 | (ff) Information that is exempted from disclosure | ||||||
20 | under the Revised Uniform Unclaimed Property Act. | ||||||
21 | (gg) Information that is prohibited from being | ||||||
22 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
23 | Code. | ||||||
24 | (hh) Records that are exempt from disclosure under | ||||||
25 | Section 1A-16.7 of the Election Code. | ||||||
26 | (ii) Information which is exempted from disclosure |
| |||||||
| |||||||
1 | under Section 2505-800 of the Department of Revenue Law of | ||||||
2 | the Civil Administrative Code of Illinois. | ||||||
3 | (jj) Information and reports that are required to be | ||||||
4 | submitted to the Department of Labor by registering day | ||||||
5 | and temporary labor service agencies but are exempt from | ||||||
6 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
7 | and Temporary Labor Services Act. | ||||||
8 | (kk) Information prohibited from disclosure under the | ||||||
9 | Seizure and Forfeiture Reporting Act. | ||||||
10 | (ll) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
12 | Aid Code. | ||||||
13 | (mm) Records that are exempt from disclosure under | ||||||
14 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
15 | (nn) Information that is exempt from disclosure under | ||||||
16 | Section 70 of the Higher Education Student Assistance Act. | ||||||
17 | (oo) Communications, notes, records, and reports | ||||||
18 | arising out of a peer support counseling session | ||||||
19 | prohibited from disclosure under the First Responders | ||||||
20 | Suicide Prevention Act. | ||||||
21 | (pp) Names and all identifying information relating to | ||||||
22 | an employee of an emergency services provider or law | ||||||
23 | enforcement agency under the First Responders Suicide | ||||||
24 | Prevention Act. | ||||||
25 | (qq) Information and records held by the Department of | ||||||
26 | Public Health and its authorized representatives collected |
| |||||||
| |||||||
1 | under the Reproductive Health Act. | ||||||
2 | (rr) Information that is exempt from disclosure under | ||||||
3 | the Cannabis Regulation and Tax Act. | ||||||
4 | (ss) Data reported by an employer to the Department of | ||||||
5 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
6 | Human Rights Act. | ||||||
7 | (tt) Recordings made under the Children's Advocacy | ||||||
8 | Center Act, except to the extent authorized under that | ||||||
9 | Act. | ||||||
10 | (uu) Information that is exempt from disclosure under | ||||||
11 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
12 | (vv) Information that is exempt from disclosure under | ||||||
13 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
14 | Public Aid Code. | ||||||
15 | (ww) Information that is exempt from disclosure under | ||||||
16 | Section 16.8 of the State Treasurer Act. | ||||||
17 | (xx) Information that is exempt from disclosure or | ||||||
18 | information that shall not be made public under the | ||||||
19 | Illinois Insurance Code. | ||||||
20 | (yy) Information prohibited from being disclosed under | ||||||
21 | the Illinois Educational Labor Relations Act. | ||||||
22 | (zz) Information prohibited from being disclosed under | ||||||
23 | the Illinois Public Labor Relations Act. | ||||||
24 | (aaa) Information prohibited from being disclosed | ||||||
25 | under Section 1-167 of the Illinois Pension Code. | ||||||
26 | (bbb) Information that is exempt from disclosure under |
| |||||||
| |||||||
1 | subsection (k) of Section 11 of the Equal Pay Act of 2003. | ||||||
2 | (ccc) (bbb) Information that is prohibited from | ||||||
3 | disclosure by the Illinois Police Training Act and the | ||||||
4 | State Police Act. | ||||||
5 | (ddd) Records exempt from disclosure under Section
| ||||||
6 | 2605-304 of the Department of State Police Law of the | ||||||
7 | Civil
Administrative Code of Illinois. | ||||||
8 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
9 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
10 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
11 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
12 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
13 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
14 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
15 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
16 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
17 | eff. 7-7-20; 101-652, eff. 1-1-22; 101-656, eff. 3-23-21; | ||||||
18 | revised 4-21-21.) | ||||||
19 | Section 7. The Gun Trafficking Information Act is amended | ||||||
20 | by changing Section 10-5 as follows: | ||||||
21 | (5 ILCS 830/10-5)
| ||||||
22 | Sec. 10-5. Gun trafficking information.
| ||||||
23 | (a) The Department of State Police shall use all | ||||||
24 | reasonable efforts in making publicly available, on a regular |
| |||||||
| |||||||
1 | and ongoing
basis, key information related to firearms used in | ||||||
2 | the
commission of crimes in this State, including, but not | ||||||
3 | limited
to: reports on crimes committed with firearms, | ||||||
4 | locations where
the crimes occurred, the number of persons | ||||||
5 | killed or injured in
the commission of the crimes, the state | ||||||
6 | where the firearms used
originated, the Federal Firearms | ||||||
7 | Licensee that sold the firearm, and the type of firearms used , | ||||||
8 | annual statistical information concerning Firearm Owner's | ||||||
9 | Identification Card and concealed carry license applications, | ||||||
10 | revocations, and compliance with Section 9.5 of the Firearm | ||||||
11 | Owners Identification Card Act, firearm restraining order | ||||||
12 | dispositions, and firearm dealer license certification | ||||||
13 | inspections . The Department
shall make the information | ||||||
14 | available on its
website , which may be presented in a | ||||||
15 | dashboard format , in addition to electronically filing a | ||||||
16 | report with the
Governor and the General Assembly. The report | ||||||
17 | to the General
Assembly shall be filed with the Clerk of the | ||||||
18 | House of
Representatives and the Secretary of the Senate in | ||||||
19 | electronic
form only, in the manner that the Clerk and the | ||||||
20 | Secretary shall
direct.
| ||||||
21 | (b) The Department shall study, on a regular and ongoing | ||||||
22 | basis, and compile reports on the number of Firearm Owner's | ||||||
23 | Identification Card checks to determine firearms trafficking | ||||||
24 | or straw purchase patterns. The Department shall, to the | ||||||
25 | extent not inconsistent with law, share such reports and | ||||||
26 | underlying data with academic centers, foundations, and law |
| |||||||
| |||||||
1 | enforcement agencies studying firearms trafficking, provided | ||||||
2 | that personally identifying information is protected. For | ||||||
3 | purposes of this subsection (b), a Firearm Owner's | ||||||
4 | Identification Card number is not personally identifying | ||||||
5 | information, provided that no other personal information of | ||||||
6 | the card holder is attached to the record. The Department may | ||||||
7 | create and attach an alternate unique identifying number to | ||||||
8 | each Firearm Owner's Identification Card number, instead of | ||||||
9 | releasing the Firearm Owner's Identification Card number | ||||||
10 | itself. | ||||||
11 | (c) Each department, office, division, and agency of this
| ||||||
12 | State shall, to the extent not inconsistent with law, | ||||||
13 | cooperate
fully with the Department and furnish the
Department | ||||||
14 | with all relevant information and assistance on a
timely basis | ||||||
15 | as is necessary to accomplish the purpose of this
Act. The | ||||||
16 | Illinois Criminal Justice Information Authority shall submit | ||||||
17 | the information required in subsection (a) of this Section to | ||||||
18 | the Department of State Police, and any other information as | ||||||
19 | the Department may request, to assist the Department in | ||||||
20 | carrying out its duties under this Act.
| ||||||
21 | (Source: P.A. 100-1178, eff. 1-18-19.) | ||||||
22 | Section 10. The Department of State Police Law of the
| ||||||
23 | Civil Administrative Code of Illinois is amended by changing | ||||||
24 | Section 2605-605 and by adding Section 2605-304 as follows: |
| |||||||
| |||||||
1 | (20 ILCS 2605/2605-304 new) | ||||||
2 | Sec. 2605-304. Prohibited persons portal. | ||||||
3 | (a) Within 90 days after the effective date of this | ||||||
4 | amendatory Act of the 102nd General Assembly, the Illinois | ||||||
5 | State Police shall establish a portal for use by federal, | ||||||
6 | State, or local law enforcement agencies, including Offices of | ||||||
7 | the State's Attorneys and the Office of the Attorney General | ||||||
8 | to capture a report of persons whose Firearm Owner's | ||||||
9 | Identification Cards have been revoked or suspended. The | ||||||
10 | portal is for law enforcement purposes only. | ||||||
11 | (b) The Illinois State Police shall include in the report | ||||||
12 | the reason the person's Firearm Owner's Identification Card | ||||||
13 | was subject to revocation or suspension, to the extent allowed | ||||||
14 | by law, consistent with Sections 8 and 8.2 of the Firearm | ||||||
15 | Owners Identification Card Act. | ||||||
16 | (c) The Illinois State Police shall indicate whether the | ||||||
17 | person subject to the revocation or suspension of his or her | ||||||
18 | Firearm Owner's Identification Card has surrendered his or her | ||||||
19 | revoked or suspended Firearm Owner's Identification Card and | ||||||
20 | whether the person has completed a Firearm Disposition Record | ||||||
21 | required under Section 9.5 of the Firearm Owners | ||||||
22 | Identification Card Act. The Illinois State Police shall make | ||||||
23 | reasonable efforts to make this information available on the | ||||||
24 | Law Enforcement Agencies Data System (LEADS). | ||||||
25 | (d) The Illinois State Police shall provide updates of | ||||||
26 | information related to an individual's current Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card revocation or suspension status, including | ||||||
2 | compliance under Section 9.5 of the Firearm Owners | ||||||
3 | Identification Card Act, in the Illinois State Police's Law | ||||||
4 | Enforcement Agencies Data System. | ||||||
5 | (e) Records in this portal are exempt from disclosure | ||||||
6 | under the Freedom of Information Act. | ||||||
7 | (f) The Illinois State Police may adopt rules necessary to | ||||||
8 | implement this Section. | ||||||
9 | (20 ILCS 2605/2605-605) | ||||||
10 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
11 | Director of State Police shall may establish a statewide | ||||||
12 | multi-jurisdictional Violent Crime Intelligence Task Force led | ||||||
13 | by the Department of State Police dedicated to combating gun | ||||||
14 | violence, gun-trafficking, and other violent crime with the | ||||||
15 | primary mission of preservation of life and reducing the | ||||||
16 | occurrence and the fear of crime. The objectives of the Task | ||||||
17 | Force shall include, but not be limited to, reducing and | ||||||
18 | preventing illegal possession and use of firearms, | ||||||
19 | firearm-related homicides, and other violent crimes , and | ||||||
20 | solving firearm-related crimes . | ||||||
21 | (1) The Task Force may develop and acquire information, | ||||||
22 | training, tools, and resources necessary to implement a | ||||||
23 | data-driven approach to policing, with an emphasis on | ||||||
24 | intelligence development. | ||||||
25 | (2) The Task Force may utilize information sharing, |
| |||||||
| |||||||
1 | partnerships, crime analysis, and evidence-based practices to | ||||||
2 | assist in the reduction of firearm-related shootings, | ||||||
3 | homicides, and gun-trafficking , including, but not limited to, | ||||||
4 | ballistic data, eTrace data, DNA evidence, latent | ||||||
5 | fingerprints, firearm training data, and National Integrated | ||||||
6 | Ballistic Information Network (NIBIN) data. The Task Force may | ||||||
7 | design a model crime gun intelligence strategy which may | ||||||
8 | include, but is not limited to, comprehensive collection and | ||||||
9 | documentation of all ballistic evidence, timely transfer of | ||||||
10 | NIBIN and eTrace leads to an intelligence center, which may | ||||||
11 | include the Division of Criminal Investigation of the Illinois | ||||||
12 | State Police, timely dissemination of intelligence to | ||||||
13 | investigators, investigative follow-up, and coordinated | ||||||
14 | prosecution . | ||||||
15 | (3) The Task Force may recognize and utilize best | ||||||
16 | practices of community policing and may develop potential | ||||||
17 | partnerships with faith-based and community organizations to | ||||||
18 | achieve its goals. | ||||||
19 | (4) The Task Force may identify and utilize best practices | ||||||
20 | in drug-diversion programs and other community-based services | ||||||
21 | to redirect low-level offenders. | ||||||
22 | (5) The Task Force may assist in violence suppression | ||||||
23 | strategies including, but not limited to, details in | ||||||
24 | identified locations that have shown to be the most prone to | ||||||
25 | gun violence and violent crime, focused deterrence against | ||||||
26 | violent gangs and groups considered responsible for the |
| |||||||
| |||||||
1 | violence in communities, and other intelligence driven methods | ||||||
2 | deemed necessary to interrupt cycles of violence or prevent | ||||||
3 | retaliation. | ||||||
4 | (6) In consultation with the Chief Procurement Officer, | ||||||
5 | the Department of State Police may obtain contracts for | ||||||
6 | software, commodities, resources, and equipment to assist the | ||||||
7 | Task Force with achieving this Act. Any contracts necessary to | ||||||
8 | support the delivery of necessary software, commodities, | ||||||
9 | resources, and equipment are not subject to the Illinois | ||||||
10 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
11 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
12 | Procurement Officer may, in writing with justification, waive | ||||||
13 | any certification required under Article 50 of the Illinois | ||||||
14 | Procurement Code. | ||||||
15 | (7) The Task Force shall conduct enforcement operations
| ||||||
16 | against persons whose Firearm Owner's Identification Cards
| ||||||
17 | have been revoked or suspended and persons who fail to comply
| ||||||
18 | with the requirements of Section 9.5 of the Firearm Owners
| ||||||
19 | Identification Card Act, prioritizing individuals presenting a
| ||||||
20 | clear and present danger to themselves or to others under
| ||||||
21 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm
| ||||||
22 | Owners Identification Card Act. | ||||||
23 | (8) The Task Force shall collaborate with local law
| ||||||
24 | enforcement agencies to enforce provisions of the Firearm
| ||||||
25 | Owners Identification Card Act, the Firearm Concealed Carry
| ||||||
26 | Act, the Firearm Dealer License Certification Act, and Article
|
| |||||||
| |||||||
1 | 24 of the Criminal Code of 2012. | ||||||
2 | (9) To implement this Section, the Director of the
| ||||||
3 | Illinois State Police may establish intergovernmental
| ||||||
4 | agreements with law enforcement agencies in accordance with | ||||||
5 | the
Intergovernmental Cooperation Act. | ||||||
6 | (10) Law enforcement agencies that participate in
| ||||||
7 | activities described in paragraphs (7) through (9) may apply
| ||||||
8 | to the Illinois State Police for grants from the State Police
| ||||||
9 | Revocation Enforcement Fund.
| ||||||
10 | (Source: P.A. 100-3, eff. 1-1-18 .) | ||||||
11 | Section 11. The Illinois Criminal Justice Information Act | ||||||
12 | is amended by adding Section 7.9 as follows: | ||||||
13 | (20 ILCS 3930/7.9 new) | ||||||
14 | Sec. 7.9. Firearm Prohibitors and Records Improvement Task | ||||||
15 | Force. | ||||||
16 | (a) As used in this Section, "firearms prohibitor" means | ||||||
17 | any factor listed in Section 4 of the Firearm Owners | ||||||
18 | Identification Card Act or Section 24-3 or 24-3.1 of the | ||||||
19 | Criminal Code of 2012 that prohibits a person from | ||||||
20 | transferring or possessing a firearm, firearm ammunition, | ||||||
21 | Firearm Owner's Identification Card, or concealed carry | ||||||
22 | license. | ||||||
23 | (b) The Firearm Prohibitors and Records Improvement Task | ||||||
24 | Force is created to identify and research all available |
| |||||||
| |||||||
1 | grants, resources, and revenue that may be applied for and | ||||||
2 | used by all entities responsible for reporting federal and | ||||||
3 | State firearm prohibitors to the Illinois State Police and the | ||||||
4 | National Instant Criminal Background Check System. Under the | ||||||
5 | Firearm Owners Identification Card Act, these reporting | ||||||
6 | entities include, but are not limited to, hospitals, courts, | ||||||
7 | law enforcement and corrections. The Task Force shall identify | ||||||
8 | weaknesses in reporting and recommend a strategy to direct | ||||||
9 | resources and revenue to ensuring reporting is reliable, | ||||||
10 | accurate, and timely. The Task Force shall inventory all | ||||||
11 | statutorily mandated firearm and gun violence related data | ||||||
12 | collection and reporting requirements, along with the agency | ||||||
13 | responsible for collecting that data, and identify gaps in | ||||||
14 | those requirements. The Task Force shall submit a coordinated | ||||||
15 | application with and through the Illinois Criminal Justice | ||||||
16 | Information Authority for federal funds from the National | ||||||
17 | Criminal History Improvement Program and the NICS Acts Record | ||||||
18 | Improvement Program.
The Firearm Prohibitors and Records | ||||||
19 | Improvement Task Force shall be comprised of the following | ||||||
20 | members, all of whom shall serve without compensation: | ||||||
21 | (1) the Executive Director of the Illinois Criminal | ||||||
22 | Justice Information Authority, who shall serve as Chair; | ||||||
23 | (2) the Director of the Illinois State Police, or his | ||||||
24 | or her designee; | ||||||
25 | (3) the Secretary of Human Services, or his or her | ||||||
26 | designee; |
| |||||||
| |||||||
1 | (4) the Director of Corrections, or his or her | ||||||
2 | designee; | ||||||
3 | (5) the Attorney General, or his or her designee; | ||||||
4 | (6) the Director of the Administrative Office of the | ||||||
5 | Illinois Courts, or his or her designee; | ||||||
6 | (7) a representative of an association representing | ||||||
7 | circuit clerks appointed by the President of the Senate; | ||||||
8 | (8) a representative of an association representing | ||||||
9 | sheriffs appointed by the House Minority Leader; | ||||||
10 | (9) a representative of an association representing | ||||||
11 | State's Attorneys appointed by the House Minority Leader; | ||||||
12 | (10) a representative of an association representing | ||||||
13 | chiefs of police appointed by the Senate Minority Leader; | ||||||
14 | (11) a representative of an association representing | ||||||
15 | hospitals appointed by the Speaker of the House of | ||||||
16 | Representatives; | ||||||
17 | (12) a representative of an association representing | ||||||
18 | counties appointed by the President of the Senate; and | ||||||
19 | (13) a representative of an association representing | ||||||
20 | municipalities appointed by the Speaker of the House of | ||||||
21 | Representatives. | ||||||
22 | (c)
The Illinois Criminal Justice Information Authority | ||||||
23 | shall provide administrative and other support to the Task | ||||||
24 | Force. The Illinois State Police Division of Justice Services | ||||||
25 | shall also provide support to the Illinois Criminal Justice | ||||||
26 | Information Authority and the Task Force. |
| |||||||
| |||||||
1 | (d) The Task Force may meet in person or virtually and | ||||||
2 | shall issue a written report of its findings and | ||||||
3 | recommendations to General Assembly on or before July 1, 2022. | ||||||
4 | The Task Force shall issue an annual report, which shall | ||||||
5 | include information on the state of FOID data, including a | ||||||
6 | review of previous activity by the Task Force to close | ||||||
7 | previously identified gaps; identifying known (or new) gaps; a | ||||||
8 | proposal of policy and practice recommendations to close those | ||||||
9 | gaps; and a preview of expected activities of the Task Force | ||||||
10 | for the coming year. | ||||||
11 | (e) Within 60 days of the effective date of this | ||||||
12 | amendatory Act of the 102nd General Assembly, the Chair shall | ||||||
13 | establish the Task Force. | ||||||
14 | (f) This Section is repealed on July 1, 2027. | ||||||
15 | Section 15. The State Finance Act is amended by changing | ||||||
16 | 6z-99 and by adding Sections 5.938 and 6z-125 as follows: | ||||||
17 | (30 ILCS 105/5.938 new) | ||||||
18 | Sec. 5.938. The State Police Revocation Enforcement Fund. | ||||||
19 | (30 ILCS 105/6z-99) | ||||||
20 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
21 | (a) There is created in the State treasury a special fund | ||||||
22 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
23 | receive revenue under the Firearm Concealed Carry Act. The |
| |||||||
| |||||||
1 | Fund may also receive revenue from grants, pass-through | ||||||
2 | grants, donations, appropriations, and any other legal source. | ||||||
3 | (b) The Department of State Police and Department of Human | ||||||
4 | Services shall coordinate to use moneys in the Fund to finance | ||||||
5 | their respective duties of collecting and reporting data on | ||||||
6 | mental health records and ensuring that mental health firearm | ||||||
7 | possession prohibitors are enforced as set forth under the | ||||||
8 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
9 | Identification Card Act. Any surplus in the Fund beyond what | ||||||
10 | is necessary to ensure compliance with mental health reporting | ||||||
11 | under these Acts shall be used by the Department of Human | ||||||
12 | Services for mental health treatment programs as follows: (1) | ||||||
13 | 50% shall be used to fund
community-based mental health | ||||||
14 | programs aimed at reducing gun
violence, community integration | ||||||
15 | and education, or mental
health awareness and prevention, | ||||||
16 | including administrative
costs; and (2) 50% shall be used to | ||||||
17 | award grants that use and
promote the National School Mental | ||||||
18 | Health Curriculum model for
school-based mental health | ||||||
19 | support, integration, and services . | ||||||
20 | (c) Investment income that is attributable to the | ||||||
21 | investment of moneys in the Fund shall be retained in the Fund | ||||||
22 | for the uses specified in this Section.
| ||||||
23 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
24 | (30 ILCS 105/6z-125 new) | ||||||
25 | Sec. 6z-125. State Police Revocation Enforcement Fund. |
| |||||||
| |||||||
1 | (a) The State Police Revocation Enforcement Fund is | ||||||
2 | established as a special fund in the State treasury. This Fund | ||||||
3 | is established to receive moneys from the Firearm Owners | ||||||
4 | Identification Card Act to enforce that Act, the Firearm | ||||||
5 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
6 | and other firearm offenses. The Fund may also receive revenue | ||||||
7 | from grants, donations, appropriations, and any other legal | ||||||
8 | source. | ||||||
9 | (b) The Illinois State Police may use moneys from the Fund | ||||||
10 | to establish task forces and, if necessary, include other law | ||||||
11 | enforcement agencies, under intergovernmental contracts | ||||||
12 | written and executed in conformity with the Intergovernmental | ||||||
13 | Cooperation Act. | ||||||
14 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
15 | hire and train State Police officers and prevention of violent | ||||||
16 | crime. | ||||||
17 | (d) The State Police Revocation Enforcement Fund is not | ||||||
18 | subject to administrative chargebacks. | ||||||
19 | (e) Law enforcement agencies that participate in Firearm | ||||||
20 | Owner's Identification Card revocation enforcement in the | ||||||
21 | Violent Crime Intelligence Task Force may apply for grants | ||||||
22 | from the Illinois State Police.
| ||||||
23 | Section 16. The Intergovernmental Drug Laws Enforcement | ||||||
24 | Act is amended by changing Section 3 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 715/3) (from Ch. 56 1/2, par. 1703)
| ||||||
2 | Sec. 3.
A Metropolitan Enforcement Group which meets the | ||||||
3 | minimum
criteria established in this Section is eligible to | ||||||
4 | receive State grants
to help defray the costs of operation. To | ||||||
5 | be eligible a MEG must:
| ||||||
6 | (1) Be established and operating pursuant to | ||||||
7 | intergovernmental
contracts written and executed in | ||||||
8 | conformity with the Intergovernmental
Cooperation Act, and | ||||||
9 | involve 2 or more units of local government.
| ||||||
10 | (2) Establish a MEG Policy Board composed of an | ||||||
11 | elected official, or
his designee, and the chief law | ||||||
12 | enforcement officer, or his designee,
from each | ||||||
13 | participating unit of local government to oversee the
| ||||||
14 | operations of the MEG and make such reports to the | ||||||
15 | Department of State
Police as the Department may require.
| ||||||
16 | (3) Designate a single appropriate elected official of | ||||||
17 | a
participating unit of local government to act as the | ||||||
18 | financial officer
of the MEG for all participating units | ||||||
19 | of local government and to
receive funds for the operation | ||||||
20 | of the MEG.
| ||||||
21 | (4) Limit its operations to enforcement of drug laws; | ||||||
22 | enforcement of
Sections 10-9, 24-1, 24-1.1, 24-1.2, | ||||||
23 | 24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1,
24-2.2, 24-3, | ||||||
24 | 24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8, | ||||||
25 | 24-3.9,24-3A, 24-3B, 24-4, and 24-5 and subsections
| ||||||
26 | 24-1(a)(4), 24-1(a)(6), 24-1(a)(7), 24-1(a)(9), |
| |||||||
| |||||||
1 | 24-1(a)(10), and 24-1(c) of the
Criminal Code of 2012; | ||||||
2 | Sections 2, 3, 6.1, 14 of the Firearm Owners | ||||||
3 | Identification Card Act; and the investigation of | ||||||
4 | streetgang related offenses.
| ||||||
5 | (5) Cooperate with the Department of State Police in | ||||||
6 | order to
assure compliance with this Act and to enable the | ||||||
7 | Department to fulfill
its duties under this Act, and | ||||||
8 | supply the Department with all
information the Department | ||||||
9 | deems necessary therefor.
| ||||||
10 | (6) Receive funding of at least 50% of the total | ||||||
11 | operating budget of
the MEG from the participating units | ||||||
12 | of local government.
| ||||||
13 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
14 | Section 20. The Firearm Owners Identification Card Act is | ||||||
15 | amended by changing Sections 1.1, 3, 3.1, 4, 5, 6, 7, 8.2, 8.3, | ||||||
16 | 9.5, 10, 11, and 13.2 and by adding Sections 6.2, 7.5, 8.4, | ||||||
17 | 8.5, and 13.4 as follows:
| ||||||
18 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
19 | Sec. 1.1. For purposes of this Act:
| ||||||
20 | "Addicted to narcotics" means a person who has been: | ||||||
21 | (1) convicted of an offense involving the use or | ||||||
22 | possession of cannabis, a controlled substance, or | ||||||
23 | methamphetamine within the past year; or | ||||||
24 | (2) determined by the Department of State Police to be |
| |||||||
| |||||||
1 | addicted to narcotics based upon federal law or federal | ||||||
2 | guidelines. | ||||||
3 | "Addicted to narcotics" does not include possession or use | ||||||
4 | of a prescribed controlled substance under the direction and | ||||||
5 | authority of a physician or other person authorized to | ||||||
6 | prescribe the controlled substance when the controlled | ||||||
7 | substance is used in the prescribed manner. | ||||||
8 | "Adjudicated as a person with a mental disability" means | ||||||
9 | the person is the subject of a determination by a court, board, | ||||||
10 | commission or other lawful authority that the person, as a | ||||||
11 | result of marked subnormal intelligence, or mental illness, | ||||||
12 | mental impairment, incompetency, condition, or disease: | ||||||
13 | (1) presents a clear and present danger to himself, | ||||||
14 | herself, or to others; | ||||||
15 | (2) lacks the mental capacity to manage his or her own | ||||||
16 | affairs or is adjudicated a person with a disability as | ||||||
17 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
18 | (3) is not guilty in a criminal case by reason of | ||||||
19 | insanity, mental disease or defect; | ||||||
20 | (3.5) is guilty but mentally ill, as provided in | ||||||
21 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
22 | (4) is incompetent to stand trial in a criminal case; | ||||||
23 | (5) is not guilty by reason of lack of mental | ||||||
24 | responsibility under Articles 50a and 72b of the Uniform | ||||||
25 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
26 | (6) is a sexually violent person under subsection (f) |
| |||||||
| |||||||
1 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
2 | Act; | ||||||
3 | (7) is a sexually dangerous person under the Sexually | ||||||
4 | Dangerous Persons Act; | ||||||
5 | (8) is unfit to stand trial under the Juvenile Court | ||||||
6 | Act of 1987; | ||||||
7 | (9) is not guilty by reason of insanity under the | ||||||
8 | Juvenile Court Act of 1987; | ||||||
9 | (10) is subject to involuntary admission as an | ||||||
10 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
11 | and Developmental Disabilities Code; | ||||||
12 | (11) is subject to involuntary admission as an | ||||||
13 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
14 | Health and Developmental Disabilities Code; | ||||||
15 | (12) is subject to judicial admission as set forth in | ||||||
16 | Section 4-500 of the Mental Health and Developmental | ||||||
17 | Disabilities Code; or | ||||||
18 | (13) is subject to the provisions of the Interstate | ||||||
19 | Agreements on Sexually Dangerous Persons Act. | ||||||
20 | "Clear and present danger" means a person who: | ||||||
21 | (1) communicates a serious threat of physical violence | ||||||
22 | against a reasonably identifiable victim or poses a clear | ||||||
23 | and imminent risk of serious physical injury to himself, | ||||||
24 | herself, or another person as determined by a physician, | ||||||
25 | clinical psychologist, or qualified examiner; or | ||||||
26 | (2) demonstrates threatening physical or verbal |
| |||||||
| |||||||
1 | behavior, such as violent, suicidal, or assaultive | ||||||
2 | threats, actions, or other behavior, as determined by a | ||||||
3 | physician, clinical psychologist, qualified examiner, | ||||||
4 | school administrator, or law enforcement official. | ||||||
5 | "Clinical psychologist" has the meaning provided in | ||||||
6 | Section 1-103 of the Mental Health and Developmental | ||||||
7 | Disabilities Code. | ||||||
8 | "Controlled substance" means a controlled substance or | ||||||
9 | controlled substance analog as defined in the Illinois | ||||||
10 | Controlled Substances Act. | ||||||
11 | "Counterfeit" means to copy or imitate, without legal | ||||||
12 | authority, with
intent
to deceive. | ||||||
13 | "Federally licensed firearm dealer" means a person who is | ||||||
14 | licensed as a federal firearms dealer under Section 923 of the | ||||||
15 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
16 | "Firearm" means any device, by
whatever name known, which | ||||||
17 | is designed to expel a projectile or projectiles
by the action | ||||||
18 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
19 | however:
| ||||||
20 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
21 | B-B gun which
expels a single globular projectile not | ||||||
22 | exceeding .18 inch in
diameter or which has a maximum | ||||||
23 | muzzle velocity of less than 700 feet
per second;
| ||||||
24 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
25 | or B-B gun which expels breakable paint balls containing | ||||||
26 | washable marking colors; |
| |||||||
| |||||||
1 | (2) any device used exclusively for signalling or | ||||||
2 | safety and required or
recommended by the United States | ||||||
3 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
4 | (3) any device used exclusively for the firing of stud | ||||||
5 | cartridges,
explosive rivets or similar industrial | ||||||
6 | ammunition; and
| ||||||
7 | (4) an antique firearm (other than a machine-gun) | ||||||
8 | which, although
designed as a weapon, the Department of | ||||||
9 | State Police finds by reason of
the date of its | ||||||
10 | manufacture, value, design, and other characteristics is
| ||||||
11 | primarily a collector's item and is not likely to be used | ||||||
12 | as a weapon.
| ||||||
13 | "Firearm ammunition" means any self-contained cartridge or | ||||||
14 | shotgun
shell, by whatever name known, which is designed to be | ||||||
15 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
16 | (1) any ammunition exclusively designed for use with a | ||||||
17 | device used
exclusively for signalling or safety and | ||||||
18 | required or recommended by the
United States Coast Guard | ||||||
19 | or the Interstate Commerce Commission; and
| ||||||
20 | (2) any ammunition designed exclusively for use with a | ||||||
21 | stud or rivet
driver or other similar industrial | ||||||
22 | ammunition. | ||||||
23 | "Gun show" means an event or function: | ||||||
24 | (1) at which the sale and transfer of firearms is the | ||||||
25 | regular and normal course of business and where 50 or more | ||||||
26 | firearms are displayed, offered, or exhibited for sale, |
| |||||||
| |||||||
1 | transfer, or exchange; or | ||||||
2 | (2) at which not less than 10 gun show vendors | ||||||
3 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
4 | exchange firearms.
| ||||||
5 | "Gun show" includes the entire premises provided for an | ||||||
6 | event or function, including parking areas for the event or | ||||||
7 | function, that is sponsored to facilitate the purchase, sale, | ||||||
8 | transfer, or exchange of firearms as described in this | ||||||
9 | Section.
Nothing in this definition shall be construed to | ||||||
10 | exclude a gun show held in conjunction with competitive | ||||||
11 | shooting events at the World Shooting Complex sanctioned by a | ||||||
12 | national governing body in which the sale or transfer of | ||||||
13 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
14 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
15 | Unless otherwise expressly stated, "gun show" does not | ||||||
16 | include training or safety classes, competitive shooting | ||||||
17 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
18 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
19 | or
any other event where the sale or transfer of firearms is | ||||||
20 | not the primary course of business. | ||||||
21 | "Gun show promoter" means a person who organizes or | ||||||
22 | operates a gun show. | ||||||
23 | "Gun show vendor" means a person who exhibits, sells, | ||||||
24 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
25 | show, regardless of whether the person arranges with a gun | ||||||
26 | show promoter for a fixed location from which to exhibit, |
| |||||||
| |||||||
1 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
2 | "Involuntarily admitted" has the meaning as prescribed in | ||||||
3 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
4 | Developmental Disabilities Code. | ||||||
5 | "Mental health facility" means any licensed private | ||||||
6 | hospital or hospital affiliate, institution, or facility, or | ||||||
7 | part thereof, and any facility, or part thereof, operated by | ||||||
8 | the State or a political subdivision thereof which provide | ||||||
9 | treatment of persons with mental illness and includes all | ||||||
10 | hospitals, institutions, clinics, evaluation facilities, | ||||||
11 | mental health centers, colleges, universities, long-term care | ||||||
12 | facilities, and nursing homes, or parts thereof, which provide | ||||||
13 | treatment of persons with mental illness whether or not the | ||||||
14 | primary purpose is to provide treatment of persons with mental | ||||||
15 | illness. | ||||||
16 | "National governing body" means a group of persons who | ||||||
17 | adopt rules and formulate policy on behalf of a national | ||||||
18 | firearm sporting organization. | ||||||
19 | "Patient" means: | ||||||
20 | (1) a person who is admitted as an inpatient or | ||||||
21 | resident of a public or private mental health facility for | ||||||
22 | mental health treatment under Chapter III of the Mental | ||||||
23 | Health and Developmental Disabilities Code as an informal | ||||||
24 | admission, a voluntary admission, a minor admission, an | ||||||
25 | emergency admission, or an involuntary admission, unless | ||||||
26 | the treatment was solely for an alcohol abuse disorder; or |
| |||||||
| |||||||
1 | (2) a person who voluntarily or involuntarily receives | ||||||
2 | mental health treatment as an out-patient or is otherwise | ||||||
3 | provided services by a public or private mental health | ||||||
4 | facility, and who poses a clear and present danger to | ||||||
5 | himself, herself, or to others. | ||||||
6 | "Person with a developmental disability" means a person | ||||||
7 | with a disability which is attributable to any other condition | ||||||
8 | which results in impairment similar to that caused by an | ||||||
9 | intellectual disability and which requires services similar to | ||||||
10 | those required by persons with intellectual disabilities. The | ||||||
11 | disability must originate before the age of 18
years, be | ||||||
12 | expected to continue indefinitely, and constitute a | ||||||
13 | substantial disability. This disability results, in the | ||||||
14 | professional opinion of a physician, clinical psychologist, or | ||||||
15 | qualified examiner, in significant functional limitations in 3 | ||||||
16 | or more of the following areas of major life activity: | ||||||
17 | (i) self-care; | ||||||
18 | (ii) receptive and expressive language; | ||||||
19 | (iii) learning; | ||||||
20 | (iv) mobility; or | ||||||
21 | (v) self-direction. | ||||||
22 | "Person with an intellectual disability" means a person | ||||||
23 | with a significantly subaverage general intellectual | ||||||
24 | functioning which exists concurrently with impairment in | ||||||
25 | adaptive behavior and which originates before the age of 18 | ||||||
26 | years. |
| |||||||
| |||||||
1 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
2 | the Mental Health and Developmental Disabilities Code. | ||||||
3 | "Protective order" means any orders of protection issued | ||||||
4 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
5 | contact orders issued under the Stalking No Contact Order Act, | ||||||
6 | civil no contact orders issued under the Civil No Contact | ||||||
7 | Order Act, and firearms restraining orders issued under the | ||||||
8 | Firearms Restraining Order Act. | ||||||
9 | "Qualified examiner" has the meaning provided in Section | ||||||
10 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
11 | Code. | ||||||
12 | "Sanctioned competitive shooting event" means a shooting | ||||||
13 | contest officially recognized by a national or state shooting | ||||||
14 | sport association, and includes any sight-in or practice | ||||||
15 | conducted in conjunction with the event.
| ||||||
16 | "School administrator" means the person required to report | ||||||
17 | under the School Administrator Reporting of Mental Health | ||||||
18 | Clear and Present Danger Determinations Law. | ||||||
19 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
20 | Section 24-1 of the Criminal Code of 2012. | ||||||
21 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
22 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .) | ||||||
23 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
24 | Sec. 3. (a) Except as provided in Section 3a, no person may | ||||||
25 | knowingly
transfer, or cause to be transferred, any firearm, |
| |||||||
| |||||||
1 | firearm ammunition, stun gun, or taser to any person within | ||||||
2 | this State unless the
transferee with whom he deals displays | ||||||
3 | either: (1) a currently valid Firearm Owner's
Identification | ||||||
4 | Card which has previously been issued in his or her name by the
| ||||||
5 | Department of State Police under the provisions of this Act; | ||||||
6 | or (2) a currently valid license to carry a concealed firearm | ||||||
7 | which has previously been issued in his or her name by the
| ||||||
8 | Department of State Police under the Firearm Concealed Carry | ||||||
9 | Act. In addition,
all firearm, stun gun, and taser transfers | ||||||
10 | by federally licensed firearm dealers are subject
to Section | ||||||
11 | 3.1. | ||||||
12 | (a-5) Any person who is not a federally licensed firearm | ||||||
13 | dealer and who desires to transfer or sell a firearm while that | ||||||
14 | person is on the grounds of a gun show must, before selling or | ||||||
15 | transferring the firearm, request the Department of State | ||||||
16 | Police to conduct a background check on the prospective | ||||||
17 | recipient of the firearm in accordance with Section 3.1.
| ||||||
18 | (a-10) Notwithstanding item (2) of subsection (a) of this | ||||||
19 | Section, any person who is not a federally licensed firearm | ||||||
20 | dealer and who desires to transfer or sell a firearm or | ||||||
21 | firearms to any person who is not a federally licensed firearm | ||||||
22 | dealer shall, before selling or transferring the firearms, | ||||||
23 | contact a federal firearm license dealer under paragraph (1) | ||||||
24 | of subsection (a-15) of this Section to conduct the transfer | ||||||
25 | or the Illinois Department of State Police with the | ||||||
26 | transferee's or purchaser's Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card number to determine the validity of the transferee's or | ||||||
2 | purchaser's Firearm Owner's Identification Card under State | ||||||
3 | and federal law including the National Instant Criminal | ||||||
4 | Background Check System . This subsection shall not be | ||||||
5 | effective until January 1, 2024. Until that date the | ||||||
6 | transferor shall contact the Illinois State Police with the | ||||||
7 | transferee's or purchaser's Firearm Owner's Identification | ||||||
8 | Card number to determine the validity of the card 2014 . The | ||||||
9 | Department of State Police may adopt rules concerning the | ||||||
10 | implementation of this subsection. The Department of State | ||||||
11 | Police shall provide the seller or transferor an approval | ||||||
12 | number if the purchaser's Firearm Owner's Identification Card | ||||||
13 | is valid. Approvals issued by the Department for the purchase | ||||||
14 | of a firearm pursuant to this subsection are valid for 30 days | ||||||
15 | from the date of issue. | ||||||
16 | (a-15) The provisions of subsection (a-10) of this Section | ||||||
17 | do not apply to: | ||||||
18 | (1) transfers that occur at the place of business of a | ||||||
19 | federally licensed firearm dealer, if the federally | ||||||
20 | licensed firearm dealer conducts a background check on the | ||||||
21 | prospective recipient of the firearm in accordance with | ||||||
22 | Section 3.1 of this Act and follows all other applicable | ||||||
23 | federal, State, and local laws as if he or she were the | ||||||
24 | seller or transferor of the firearm, although the dealer | ||||||
25 | is not required to accept the firearm into his or her | ||||||
26 | inventory. The purchaser or transferee may be required by |
| |||||||
| |||||||
1 | the federally licensed firearm dealer to pay a fee not to | ||||||
2 | exceed $10 per firearm, which the dealer may retain as | ||||||
3 | compensation for performing the functions required under | ||||||
4 | this paragraph, plus the applicable fees authorized by | ||||||
5 | Section 3.1; | ||||||
6 | (2) transfers as a bona fide gift to the transferor's | ||||||
7 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
8 | father, mother, stepfather, stepmother, brother, sister, | ||||||
9 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
10 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
11 | son-in-law, or daughter-in-law; | ||||||
12 | (3) transfers by persons acting pursuant to operation | ||||||
13 | of law or a court order; | ||||||
14 | (4) transfers on the grounds of a gun show under | ||||||
15 | subsection (a-5) of this Section; | ||||||
16 | (5) the delivery of a firearm by its owner to a | ||||||
17 | gunsmith for service or repair, the return of the firearm | ||||||
18 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
19 | by a gunsmith to a federally licensed firearms dealer for | ||||||
20 | service or repair and the return of the firearm to the | ||||||
21 | gunsmith; | ||||||
22 | (6) temporary transfers that occur while in the home | ||||||
23 | of the unlicensed transferee, if the unlicensed transferee | ||||||
24 | is not otherwise prohibited from possessing firearms and | ||||||
25 | the unlicensed transferee reasonably believes that | ||||||
26 | possession of the firearm is necessary to prevent imminent |
| |||||||
| |||||||
1 | death or great bodily harm to the unlicensed transferee; | ||||||
2 | (7) transfers to a law enforcement or corrections | ||||||
3 | agency or a law enforcement or corrections officer acting | ||||||
4 | within the course and scope of his or her official duties; | ||||||
5 | (8) transfers of firearms that have been rendered | ||||||
6 | permanently inoperable to a nonprofit historical society, | ||||||
7 | museum, or institutional collection; and | ||||||
8 | (9) transfers to a person who is exempt from the | ||||||
9 | requirement of possessing a Firearm Owner's Identification | ||||||
10 | Card under Section 2 of this Act. | ||||||
11 | (a-20) The Illinois Department of State Police shall | ||||||
12 | develop an Internet-based system for individuals to determine | ||||||
13 | the validity of a Firearm Owner's Identification Card prior to | ||||||
14 | the sale or transfer of a firearm. The Department shall have | ||||||
15 | the Internet-based system updated completed and available for | ||||||
16 | use by January 1, 2024 July 1, 2015 . The Illinois State Police | ||||||
17 | Department shall adopt rules not inconsistent with this | ||||||
18 | Section to implement this system ; but no rule shall allow the | ||||||
19 | Illinois State Police to retain records in contravention of | ||||||
20 | State and federal law . | ||||||
21 | (a-25) On or before January 1, 2022, the Illinois State | ||||||
22 | Police shall develop an Internet-based system upon which the | ||||||
23 | serial numbers of firearms that have been reported stolen are | ||||||
24 | available for public access for individuals to ensure any | ||||||
25 | firearms are not reported stolen prior to the sale or transfer | ||||||
26 | of a firearm under this Section. The Illinois State Police |
| |||||||
| |||||||
1 | shall have the Internet-based system completed and available | ||||||
2 | for use by July 1, 2022. The Department shall adopt rules not | ||||||
3 | inconsistent with this Section to implement this system. | ||||||
4 | (b) Any person within this State who transfers or causes | ||||||
5 | to be
transferred any firearm, stun gun, or taser shall keep a | ||||||
6 | record of such transfer for a period
of 10 years from the date | ||||||
7 | of transfer. Any person within this State who transfers or | ||||||
8 | receives any firearm, stun gun, or taser pursuant to | ||||||
9 | subsection (a-10) shall keep a record of the transfer for a | ||||||
10 | period of 20 years from the date of transfer, unless the | ||||||
11 | transfer is conducted by a federal firearms licensed dealer. | ||||||
12 | Such record shall contain the date
of the transfer; the | ||||||
13 | description, serial number or other information
identifying | ||||||
14 | the firearm, stun gun, or taser if no serial number is | ||||||
15 | available; and, if the
transfer was completed within this | ||||||
16 | State, the transferee's Firearm Owner's
Identification Card | ||||||
17 | number and any approval number or documentation provided by | ||||||
18 | the Department of State Police pursuant to subsection (a-10) | ||||||
19 | of this Section; if the transfer was not completed within this | ||||||
20 | State, the record shall contain the name and address of the | ||||||
21 | transferee. On or after January 1, 2006, the record shall | ||||||
22 | contain the date of application for transfer of the firearm. | ||||||
23 | On demand of a peace officer such transferor or transferee
| ||||||
24 | shall produce for inspection such record of transfer. If the | ||||||
25 | transfer or sale took place at a gun show, the record shall | ||||||
26 | include the unique identification number. Failure to record |
| |||||||
| |||||||
1 | the unique identification number or approval number is a petty | ||||||
2 | offense.
For transfers of a firearm, stun gun, or taser made on | ||||||
3 | or after the effective date of this amendatory Act of the 100th | ||||||
4 | General Assembly, failure by the private seller or purchaser | ||||||
5 | to maintain the transfer records in accordance with this | ||||||
6 | Section is a Class A misdemeanor for the first offense and a | ||||||
7 | Class 4 felony for a second or subsequent offense occurring | ||||||
8 | within 10 years of the first offense and the second offense was | ||||||
9 | committed after conviction of the first offense. Whenever any | ||||||
10 | person who has not previously been convicted of any violation | ||||||
11 | of subsection (a-5), the court may grant supervision pursuant | ||||||
12 | to and consistent with the limitations of Section 5-6-1 of the | ||||||
13 | Unified Code of Corrections . A transferor or transferee shall | ||||||
14 | not be criminally liable under this Section provided that he | ||||||
15 | or she provides the Department of State Police with the | ||||||
16 | transfer records in accordance with procedures established by | ||||||
17 | the Department. The Department shall establish, by rule, a | ||||||
18 | standard form on its website. | ||||||
19 | (b-5) Any resident may purchase ammunition from a person | ||||||
20 | within or outside of Illinois if shipment is by United States | ||||||
21 | mail or by a private express carrier authorized by federal law | ||||||
22 | to ship ammunition. Any resident purchasing ammunition within | ||||||
23 | or outside the State of Illinois must provide the seller with a | ||||||
24 | copy of his or her valid Firearm Owner's Identification Card | ||||||
25 | or valid concealed carry license and either his or her | ||||||
26 | Illinois driver's license or Illinois State Identification |
| |||||||
| |||||||
1 | Card prior to the shipment of the ammunition. The ammunition | ||||||
2 | may be shipped only to an address on either of those 2 | ||||||
3 | documents. | ||||||
4 | (c) The provisions of this Section regarding the transfer | ||||||
5 | of firearm
ammunition shall not apply to those persons | ||||||
6 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
7 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||||||
8 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
9 | Sec. 3.1. Firearm Transfer Inquiry Program Dial up system . | ||||||
10 | (a) The Department of State Police shall provide
a dial up | ||||||
11 | telephone system or utilize other existing technology which | ||||||
12 | shall be used by any federally licensed
firearm dealer, gun | ||||||
13 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
14 | stun gun, or taser under the provisions of this
Act. The | ||||||
15 | Department of State Police may utilize existing technology | ||||||
16 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
17 | Fees collected by the Department of
State Police shall be | ||||||
18 | deposited in the State Police Firearm Services Fund and used
| ||||||
19 | to provide the service.
| ||||||
20 | (b) Upon receiving a request from a federally licensed | ||||||
21 | firearm dealer, gun show promoter, or gun show vendor, the
| ||||||
22 | Department of State Police shall immediately approve, or | ||||||
23 | within the time
period established by Section 24-3 of the | ||||||
24 | Criminal Code of 2012 regarding
the delivery of firearms, stun | ||||||
25 | guns, and tasers notify the inquiring dealer, gun show |
| |||||||
| |||||||
1 | promoter, or gun show vendor of any objection that
would | ||||||
2 | disqualify the transferee from acquiring or possessing a | ||||||
3 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
4 | Department of State Police shall initiate and
complete an | ||||||
5 | automated search of its criminal history record information
| ||||||
6 | files and those of the Federal Bureau of Investigation, | ||||||
7 | including the
National Instant Criminal Background Check | ||||||
8 | System, and of the files of
the Department of Human Services | ||||||
9 | relating to mental health and
developmental disabilities to | ||||||
10 | obtain
any felony conviction or patient hospitalization | ||||||
11 | information which would
disqualify a person from obtaining or | ||||||
12 | require revocation of a currently
valid Firearm Owner's | ||||||
13 | Identification Card. | ||||||
14 | (b-5) By January 1, 2023, the Illinois State Police shall | ||||||
15 | by rule provide a process for the automatic renewal of the | ||||||
16 | Firearm Owner's Identification Card of a person at the time of | ||||||
17 | an inquiry in subsection (b). Persons eligible for this | ||||||
18 | process must have a set of fingerprints on file with their | ||||||
19 | application under either subsection (a-25) of Section 4 or the | ||||||
20 | Firearm Concealed Carry Act. | ||||||
21 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
22 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
23 | Department of State Police shall: | ||||||
24 | (1) assign a unique identification number to the | ||||||
25 | transfer; and | ||||||
26 | (2) provide the licensee, gun show promoter, or gun |
| |||||||
| |||||||
1 | show vendor with the number. | ||||||
2 | (d) Approvals issued by the Department of State Police for | ||||||
3 | the purchase of a firearm are valid for 30 days from the date | ||||||
4 | of issue.
| ||||||
5 | (e) (1) The Department of State Police must act as the | ||||||
6 | Illinois Point of Contact
for the National Instant Criminal | ||||||
7 | Background Check System. | ||||||
8 | (2) The Department of State Police and the Department of | ||||||
9 | Human Services shall, in accordance with State and federal law | ||||||
10 | regarding confidentiality, enter into a memorandum of | ||||||
11 | understanding with the Federal Bureau of Investigation for the | ||||||
12 | purpose of implementing the National Instant Criminal | ||||||
13 | Background Check System in the State. The Department of State | ||||||
14 | Police shall report the name, date of birth, and physical | ||||||
15 | description of any person prohibited from possessing a firearm | ||||||
16 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
17 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
18 | Background Check System Index, Denied Persons Files.
| ||||||
19 | (3) The Department of State Police shall provide notice of | ||||||
20 | the disqualification of a person under subsection (b) of this | ||||||
21 | Section or the revocation of a person's Firearm Owner's | ||||||
22 | Identification Card under Section 8 or Section 8.2 of this | ||||||
23 | Act, and the reason for the disqualification or revocation, to | ||||||
24 | all law enforcement agencies with jurisdiction to assist with | ||||||
25 | the seizure of the person's Firearm Owner's Identification | ||||||
26 | Card. |
| |||||||
| |||||||
1 | (f) The Department of State Police shall adopt rules not | ||||||
2 | inconsistent with this Section to implement this
system.
| ||||||
3 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| ||||||
4 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
5 | Sec. 4. Application for Firearm Owner's Identification | ||||||
6 | Cards. | ||||||
7 | (a) Each applicant for a Firearm Owner's Identification | ||||||
8 | Card must:
| ||||||
9 | (1) Submit an Make application as on blank forms | ||||||
10 | prepared and furnished at convenient
locations throughout | ||||||
11 | the State by the Department of State Police, or by
| ||||||
12 | electronic means, if and when made available by the | ||||||
13 | Illinois Department of State
Police; and
| ||||||
14 | (2) Submit evidence to the Department of State Police | ||||||
15 | that:
| ||||||
16 | (i) This subparagraph (i) applies through the | ||||||
17 | 180th day following the effective date of this | ||||||
18 | amendatory Act of the 101st General Assembly. He or | ||||||
19 | she is 21 years of age or over, or if he or she is | ||||||
20 | under 21
years of age that he or she has the written | ||||||
21 | consent of his or her parent or
legal guardian to | ||||||
22 | possess and acquire firearms and firearm ammunition | ||||||
23 | and that
he or she has never been convicted of a | ||||||
24 | misdemeanor other than a traffic
offense or adjudged
| ||||||
25 | delinquent, provided, however, that such parent or |
| |||||||
| |||||||
1 | legal guardian is not an
individual prohibited from | ||||||
2 | having a Firearm Owner's Identification Card and
files | ||||||
3 | an affidavit with the Department as prescribed by the | ||||||
4 | Department
stating that he or she is not an individual | ||||||
5 | prohibited from having a Card; | ||||||
6 | (i-5) This subparagraph (i-5) applies on and after | ||||||
7 | the 181st day following the effective date of this | ||||||
8 | amendatory Act of the 101st General Assembly. He or | ||||||
9 | she is 21 years of age or over, or if he or she is | ||||||
10 | under 21
years of age that he or she has never been | ||||||
11 | convicted of a misdemeanor other than a traffic | ||||||
12 | offense or adjudged delinquent and is an active duty | ||||||
13 | member of the United States Armed Forces or has the | ||||||
14 | written consent of his or her parent or
legal guardian | ||||||
15 | to possess and acquire firearms and firearm | ||||||
16 | ammunition, provided, however, that such parent or | ||||||
17 | legal guardian is not an
individual prohibited from | ||||||
18 | having a Firearm Owner's Identification Card and
files | ||||||
19 | an affidavit with the Department as prescribed by the | ||||||
20 | Department
stating that he or she is not an individual | ||||||
21 | prohibited from having a Card or the active duty | ||||||
22 | member of the United States Armed Forces under 21 | ||||||
23 | years of age annually submits proof to the Department | ||||||
24 | of State Police, in a manner prescribed by the | ||||||
25 | Department;
| ||||||
26 | (ii) He or she has not been convicted of a felony |
| |||||||
| |||||||
1 | under the laws of
this or any other jurisdiction;
| ||||||
2 | (iii) He or she is not addicted to narcotics;
| ||||||
3 | (iv) He or she has not been a patient in a mental | ||||||
4 | health facility within
the past 5 years or, if he or | ||||||
5 | she has been a patient in a mental health facility more | ||||||
6 | than 5 years ago submit the certification required | ||||||
7 | under subsection (u) of Section 8 of this Act;
| ||||||
8 | (v) He or she is not a person with an intellectual | ||||||
9 | disability;
| ||||||
10 | (vi) He or she is not an alien who is unlawfully | ||||||
11 | present in the
United States under the laws of the | ||||||
12 | United States;
| ||||||
13 | (vii) He or she is not subject to an existing order | ||||||
14 | of protection
prohibiting him or her from possessing a | ||||||
15 | firearm;
| ||||||
16 | (viii) He or she has not been convicted within the | ||||||
17 | past 5 years of
battery, assault, aggravated assault, | ||||||
18 | violation of an order of
protection, or a | ||||||
19 | substantially similar offense in another jurisdiction, | ||||||
20 | in
which a firearm was used or possessed;
| ||||||
21 | (ix) He or she has not been convicted of domestic | ||||||
22 | battery, aggravated domestic battery, or a
| ||||||
23 | substantially similar offense in another
jurisdiction | ||||||
24 | committed before, on or after January 1, 2012 (the | ||||||
25 | effective date of Public Act 97-158). If the applicant | ||||||
26 | knowingly and intelligently waives the right to have |
| |||||||
| |||||||
1 | an offense described in this clause (ix) tried by a | ||||||
2 | jury, and by guilty plea or otherwise, results in a | ||||||
3 | conviction for an offense in which a domestic | ||||||
4 | relationship is not a required element of the offense | ||||||
5 | but in which a determination of the applicability of | ||||||
6 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
7 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
8 | court of a judgment of conviction for that offense | ||||||
9 | shall be grounds for denying the issuance of a Firearm | ||||||
10 | Owner's Identification Card under this Section;
| ||||||
11 | (x) (Blank);
| ||||||
12 | (xi) He or she is not an alien who has been | ||||||
13 | admitted to the United
States under a non-immigrant | ||||||
14 | visa (as that term is defined in Section
101(a)(26) of | ||||||
15 | the Immigration and Nationality Act (8 U.S.C. | ||||||
16 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
17 | been lawfully admitted to the United
States under a | ||||||
18 | non-immigrant visa if that alien is:
| ||||||
19 | (1) admitted to the United States for lawful | ||||||
20 | hunting or sporting
purposes;
| ||||||
21 | (2) an official representative of a foreign | ||||||
22 | government who is:
| ||||||
23 | (A) accredited to the United States | ||||||
24 | Government or the Government's
mission to an | ||||||
25 | international organization having its | ||||||
26 | headquarters in the United
States; or
|
| |||||||
| |||||||
1 | (B) en route to or from another country to | ||||||
2 | which that alien is
accredited;
| ||||||
3 | (3) an official of a foreign government or | ||||||
4 | distinguished foreign
visitor who has been so | ||||||
5 | designated by the Department of State;
| ||||||
6 | (4) a foreign law enforcement officer of a | ||||||
7 | friendly foreign
government entering the United | ||||||
8 | States on official business; or
| ||||||
9 | (5) one who has received a waiver from the | ||||||
10 | Attorney General of the
United States pursuant to | ||||||
11 | 18 U.S.C. 922(y)(3);
| ||||||
12 | (xii) He or she is not a minor subject to a | ||||||
13 | petition filed
under Section 5-520 of the Juvenile | ||||||
14 | Court Act of 1987 alleging that the
minor is a | ||||||
15 | delinquent minor for the commission of an offense that | ||||||
16 | if
committed by an adult would be a felony;
| ||||||
17 | (xiii) He or she is not an adult who had been | ||||||
18 | adjudicated a delinquent
minor under the Juvenile | ||||||
19 | Court Act of 1987 for the commission of an offense
that | ||||||
20 | if committed by an adult would be a felony;
| ||||||
21 | (xiv) He or she is a resident of the State of | ||||||
22 | Illinois; | ||||||
23 | (xv) He or she has not been adjudicated as a person | ||||||
24 | with a mental disability; | ||||||
25 | (xvi) He or she has not been involuntarily | ||||||
26 | admitted into a mental health facility; and |
| |||||||
| |||||||
1 | (xvii) He or she is not a person with a | ||||||
2 | developmental disability; and | ||||||
3 | (3) Upon request by the Department of State Police, | ||||||
4 | sign a release on a
form prescribed by the Department of | ||||||
5 | State Police waiving any right to
confidentiality and | ||||||
6 | requesting the disclosure to the Department of State | ||||||
7 | Police
of limited mental health institution admission | ||||||
8 | information from another state,
the District of Columbia, | ||||||
9 | any other territory of the United States, or a
foreign | ||||||
10 | nation concerning the applicant for the sole purpose of | ||||||
11 | determining
whether the applicant is or was a patient in a | ||||||
12 | mental health institution and
disqualified because of that | ||||||
13 | status from receiving a Firearm Owner's
Identification | ||||||
14 | Card. No mental health care or treatment records may be
| ||||||
15 | requested. The information received shall be destroyed | ||||||
16 | within one year of
receipt.
| ||||||
17 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
18 | Card who is over
the age of 18 shall furnish to the Department | ||||||
19 | of State Police either his or
her Illinois driver's license | ||||||
20 | number or Illinois Identification Card number, except as
| ||||||
21 | provided in subsection (a-10).
| ||||||
22 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
23 | Card,
who is employed as a law enforcement officer, an armed | ||||||
24 | security officer in Illinois, or by the United States Military
| ||||||
25 | permanently assigned in Illinois and who is not an Illinois | ||||||
26 | resident, shall furnish to
the Department of State Police his |
| |||||||
| |||||||
1 | or her driver's license number or state
identification card | ||||||
2 | number from his or her state of residence. The Department
of | ||||||
3 | State Police may adopt rules to enforce the provisions of this
| ||||||
4 | subsection (a-10).
| ||||||
5 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
6 | Identification Card moves from the residence address named in | ||||||
7 | the application, he or she shall immediately notify in a form | ||||||
8 | and manner prescribed by the Department of State Police of | ||||||
9 | that change of address. | ||||||
10 | (a-20) Each applicant for a Firearm Owner's Identification | ||||||
11 | Card shall furnish to the Department of State Police his or her | ||||||
12 | photograph. An applicant who is 21 years of age or older | ||||||
13 | seeking a religious exemption to the photograph requirement | ||||||
14 | must furnish with the application an approved copy of United | ||||||
15 | States Department of the Treasury Internal Revenue Service | ||||||
16 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
17 | age seeking a religious exemption to the photograph | ||||||
18 | requirement shall submit fingerprints on a form and manner | ||||||
19 | prescribed by the Department with his or her application. | ||||||
20 | (a-25) Beginning January 1, 2023, each applicant for the | ||||||
21 | issuance of a Firearm Owner's Identification Card may include | ||||||
22 | a full set of his or her fingerprints in electronic format to | ||||||
23 | the Illinois State Police, unless the applicant has previously | ||||||
24 | provided a full set of his or her fingerprints to the Illinois | ||||||
25 | State Police under this Act or the Firearm Concealed Carry | ||||||
26 | Act. |
| |||||||
| |||||||
1 | The fingerprints must be transmitted through a live scan | ||||||
2 | fingerprint vendor licensed by the Department of Financial and | ||||||
3 | Professional Regulation. The fingerprints shall be checked | ||||||
4 | against the fingerprint records now and hereafter filed in the | ||||||
5 | Illinois State Police and Federal Bureau of Investigation | ||||||
6 | criminal history records databases, including all available | ||||||
7 | State and local criminal history record information files. | ||||||
8 | The Illinois State Police shall charge applicants a | ||||||
9 | one-time fee for conducting the criminal history record check, | ||||||
10 | which shall be deposited into the State Police Services Fund | ||||||
11 | and shall not exceed the actual cost of the State and national | ||||||
12 | criminal history record check. | ||||||
13 | (a-26) The Illinois State Police shall research, explore, | ||||||
14 | and report to the General Assembly by January 1, 2022 on the | ||||||
15 | feasibility of permitting voluntarily submitted fingerprints | ||||||
16 | obtained for purposes other than Firearm Owner's | ||||||
17 | Identification Card enforcement that are contained in the | ||||||
18 | Illinois State Police database for purposes of this Act. | ||||||
19 | (b) Each application form shall include the following | ||||||
20 | statement printed in
bold type: "Warning: Entering false | ||||||
21 | information on an application for a Firearm
Owner's | ||||||
22 | Identification Card is punishable as a Class 2 felony in | ||||||
23 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
24 | Owners Identification Card
Act.".
| ||||||
25 | (c) Upon such written consent, pursuant to Section 4, | ||||||
26 | paragraph (a)(2)(i),
the parent or legal guardian giving the |
| |||||||
| |||||||
1 | consent shall be liable for any
damages resulting from the | ||||||
2 | applicant's use of firearms or firearm ammunition.
| ||||||
3 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
4 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
5 | Sec. 5. Application and renewal. | ||||||
6 | (a) The Department of State Police shall either approve or
| ||||||
7 | deny all applications within 30 days from the date they are | ||||||
8 | received,
except as provided in subsections (b) and (c) | ||||||
9 | subsection (b) of this Section , and every applicant found | ||||||
10 | qualified under Section 8 of this Act by
the Department shall | ||||||
11 | be entitled to a Firearm Owner's Identification
Card upon the | ||||||
12 | payment of a $10 fee and applicable processing fees. The | ||||||
13 | processing fees shall be limited to charges by the State | ||||||
14 | Treasurer for using the electronic online payment system . Any | ||||||
15 | applicant who is an active duty member of the Armed Forces of | ||||||
16 | the United States, a member of the Illinois National Guard, or | ||||||
17 | a member of the Reserve Forces of the United States is exempt | ||||||
18 | from the application fee. $5 of each fee derived from the | ||||||
19 | issuance of a Firearm Owner's Identification Card or renewals, | ||||||
20 | thereof, shall be deposited in the State Police Firearm | ||||||
21 | Services Fund and $5 into the State Police Revocation | ||||||
22 | Enforcement Fund $6 of each fee derived from the
issuance of | ||||||
23 | Firearm Owner's Identification Cards, or renewals thereof,
| ||||||
24 | shall be deposited in the Wildlife and Fish Fund in the State | ||||||
25 | Treasury;
$1 of the fee shall be deposited in the State Police |
| |||||||
| |||||||
1 | Services Fund and $3 of the fee shall be deposited in the
State | ||||||
2 | Police Firearm Services Fund . | ||||||
3 | (b) Renewal applications shall be approved or denied | ||||||
4 | within 60 business days, provided the applicant submitted his | ||||||
5 | or her renewal application prior to the expiration of his or | ||||||
6 | her Firearm Owner's Identification Card. If a renewal | ||||||
7 | application has been submitted prior to the expiration date of | ||||||
8 | the applicant's Firearm Owner's Identification Card, the | ||||||
9 | Firearm Owner's Identification Card shall remain valid while | ||||||
10 | the Department processes the application, unless the person is | ||||||
11 | subject to or becomes subject to revocation under this Act. | ||||||
12 | The cost for a renewal application shall be $10 , and may | ||||||
13 | include applicable processing fees, which shall be limited to | ||||||
14 | charges by the State Treasurer for using the electronic online | ||||||
15 | payment system, which shall be deposited into the State Police | ||||||
16 | Firearm Services Fund. | ||||||
17 | (c) If the Firearm Owner's Identification Card of a | ||||||
18 | licensee under the Firearm Concealed Carry Act expires during | ||||||
19 | the term of the licensee's concealed carry license, the | ||||||
20 | Firearm Owner's Identification Card and the license remain | ||||||
21 | valid and the licensee does not have to renew his or her | ||||||
22 | Firearm Owner's Identification Card during the duration of the | ||||||
23 | concealed carry license. Unless the Illinois State Police has | ||||||
24 | reason to believe the licensee is no longer eligible for the | ||||||
25 | card, the Illinois State Police may automatically renew the | ||||||
26 | licensee's Firearm Owner's Identification Card and send a |
| |||||||
| |||||||
1 | renewed Firearm Owner's Identification Card to the licensee. | ||||||
2 | (d) The Illinois State Police may adopt rules concerning | ||||||
3 | the use of voluntarily submitted fingerprints, as allowed by | ||||||
4 | State and federal law.
| ||||||
5 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
6 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
7 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
8 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
9 | Department of
State Police at such places as the Director of | ||||||
10 | the
Department shall
specify, shall contain the applicant's | ||||||
11 | name, residence, date of birth, sex,
physical description, | ||||||
12 | recent photograph, except as provided in subsection (c-5), and | ||||||
13 | signature. Each Firearm Owner's
Identification Card must have | ||||||
14 | the Firearm Owner's Identification Card number expiration date | ||||||
15 | boldly and conspicuously
displayed on the face of the card. | ||||||
16 | Each Firearm Owner's
Identification Card must have printed on | ||||||
17 | it the following: "CAUTION - This
card does not permit bearer | ||||||
18 | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
| ||||||
19 | the Department may use a person's digital photograph and | ||||||
20 | signature from his or
her
Illinois driver's license or | ||||||
21 | Illinois Identification Card, if available. On
and after | ||||||
22 | December 1, 2002,
the Department shall use a person's digital | ||||||
23 | photograph and signature from his
or her
Illinois driver's | ||||||
24 | license or Illinois Identification Card, if available. The
| ||||||
25 | Department shall decline to use a person's digital photograph |
| |||||||
| |||||||
1 | or signature if
the digital photograph or signature is the | ||||||
2 | result of or associated with
fraudulent or erroneous data, | ||||||
3 | unless otherwise provided by law.
| ||||||
4 | (b) A person applying for a Firearm Owner's Identification | ||||||
5 | Card shall
consent
to the Department of State Police using the | ||||||
6 | applicant's digital driver's
license
or Illinois | ||||||
7 | Identification Card photograph, if available, and signature on | ||||||
8 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
9 | Secretary
of State shall allow the Department of State Police | ||||||
10 | access to the photograph
and signature for the purpose of | ||||||
11 | identifying the applicant and issuing to the
applicant a
| ||||||
12 | Firearm Owner's Identification Card.
| ||||||
13 | (c) The Secretary of State shall conduct a study to | ||||||
14 | determine the cost
and
feasibility of creating a method of | ||||||
15 | adding an identifiable code, background, or
other means on the | ||||||
16 | driver's license or Illinois Identification Card to show
that
| ||||||
17 | an individual is not disqualified from owning or possessing a | ||||||
18 | firearm under
State or federal law. The Secretary shall report | ||||||
19 | the findings of this study
12 months after the effective date | ||||||
20 | of this amendatory Act of the 92nd General
Assembly.
| ||||||
21 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
22 | lieu of a photograph, the Firearm Owner's Identification Card | ||||||
23 | shall contain a copy of the card holder's fingerprints. Each | ||||||
24 | Firearm Owner's Identification Card described in this | ||||||
25 | subsection (c-5) must have printed on it the following: "This | ||||||
26 | card is only valid for firearm purchases through a federally |
| |||||||
| |||||||
1 | licensed firearms dealer when presented with photographic | ||||||
2 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
3 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
4 | (430 ILCS 65/6.2 new) | ||||||
5 | Sec. 6.2. Electronic Firearm Owner's Identification Cards. | ||||||
6 | Beginning January 1, 2022, the Illinois State Police may | ||||||
7 | develop a system under which the holder of a Firearm Owner's | ||||||
8 | Identification Card may display an electronic version of his | ||||||
9 | or her Firearm Owner's Identification Card on a mobile | ||||||
10 | telephone or other portable electronic device. An electronic | ||||||
11 | version of a Firearm Owner's Identification Card shall contain | ||||||
12 | security features the Illinois State Police determines to be | ||||||
13 | necessary to ensure that the electronic version is accurate | ||||||
14 | and current and shall satisfy other requirements the Illinois | ||||||
15 | State Police determines to be necessary regarding form and | ||||||
16 | content. The display or possession of an electronic version of | ||||||
17 | a valid Firearm Owner's Identification Card in accordance with | ||||||
18 | the requirements of the Illinois State Police satisfies all | ||||||
19 | requirements for the display or possession of a valid Firearm | ||||||
20 | Owner's Identification Card under the laws of this State. The | ||||||
21 | possession or display of an electronic Firearm Owner's | ||||||
22 | Identification Card on a mobile telephone or other portable | ||||||
23 | electronic device does not constitute consent for a law | ||||||
24 | enforcement officer, court, or other officer of the court to | ||||||
25 | access other contents of the mobile telephone or other |
| |||||||
| |||||||
1 | portable electronic device. The Illinois State Police may | ||||||
2 | adopt rules to implement this Section.
| ||||||
3 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
4 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
5 | (a) Except as provided in Section 8 of this Act or | ||||||
6 | elsewhere in subsection (b) of this Section, a Firearm Owner's
| ||||||
7 | Identification Card issued under the provisions of this Act | ||||||
8 | shall be valid
for the person to whom it is issued for a period | ||||||
9 | of 10 years from the date
of issuance. Unless the person no | ||||||
10 | longer meets the requirements or becomes subject to suspension | ||||||
11 | or revocation under this Act, a card issued under an | ||||||
12 | application made as provided in subsection (a-25) of Section 4 | ||||||
13 | shall remain valid if the person meets the requirements of | ||||||
14 | subsection (b-5) of Section 3.1. | ||||||
15 | (b) If a renewal application is submitted to the | ||||||
16 | Department before the expiration date of the applicant's | ||||||
17 | current Firearm Owner's Identification Card, the Firearm | ||||||
18 | Owner's Identification Card shall remain valid for a period of | ||||||
19 | 60 business days , unless the person is subject to or becomes | ||||||
20 | subject to revocation under this Act. Unless the person no | ||||||
21 | longer meets the requirements or becomes subject to suspension | ||||||
22 | or revocation under this Act, a card issued under a renewal | ||||||
23 | application made as provided in subsection (a-25) of Section 4 | ||||||
24 | shall remain valid if the person meets the implementation | ||||||
25 | requirements of Section 3.1.
|
| |||||||
| |||||||
1 | (c) Beginning January 1, 2022, if the Firearm Owner's | ||||||
2 | Identification Card of a licensee under the Firearm Concealed | ||||||
3 | Carry Act expires during the term of the licensee's concealed | ||||||
4 | carry license, the Firearm Owner's Identification Card and the | ||||||
5 | license remain valid during the validity of the concealed | ||||||
6 | carry license and the licensee does not have to renew his or | ||||||
7 | her Firearm Owner's Identification Card, if the Firearm | ||||||
8 | Owner's Identification Card has not been otherwise renewed as | ||||||
9 | provided in this Act. Unless the Illinois State Police has | ||||||
10 | reason to believe the licensee is no longer eligible for the | ||||||
11 | card, the Illinois State Police may automatically renew the | ||||||
12 | licensee's Firearm Owner's Identification Card. | ||||||
13 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
14 | (430 ILCS 65/7.5 new) | ||||||
15 | Sec. 7.5. Email and text message notifications. A person | ||||||
16 | subject to this Act may notify the Illinois State Police upon | ||||||
17 | application or at any time thereafter that he or she would like | ||||||
18 | to receive correspondence from the Illinois State Police via | ||||||
19 | email or text message and may opt out of first-class mail. Such | ||||||
20 | correspondence may include notification of the status of a | ||||||
21 | person's application, suspension, revocation, appeal, and | ||||||
22 | other notifications concerning his or her Firearm Owner's | ||||||
23 | Identification Card. A person may request email or text | ||||||
24 | message, or both. Any person selecting email or text message | ||||||
25 | alerts must have either or both the person's email or cellular |
| |||||||
| |||||||
1 | phone number on file with the Illinois State Police. | ||||||
2 | (430 ILCS 65/8.2) | ||||||
3 | Sec. 8.2. Firearm Owner's Identification Card denial , | ||||||
4 | suspension, or revocation. The Illinois Department of State | ||||||
5 | Police shall deny an application or shall suspend or revoke | ||||||
6 | and seize a Firearm Owner's Identification Card previously | ||||||
7 | issued under this Act if the Department finds that the | ||||||
8 | applicant or person to whom such card was issued is or was at | ||||||
9 | the time of issuance subject to a protective order issued | ||||||
10 | under the laws of this or any other jurisdiction an existing | ||||||
11 | order of protection or firearms restraining order . When the | ||||||
12 | duration of the protective order is expected to be less than | ||||||
13 | one year, the Illinois State Police may suspend the Firearm | ||||||
14 | Owner's Identification Card under Section 8.3 of the Act and | ||||||
15 | shall reinstate it upon conclusion of the suspension if no | ||||||
16 | other grounds for denial or revocation are found under Section | ||||||
17 | 8 of the Act.
| ||||||
18 | (Source: P.A. 100-607, eff. 1-1-19 .) | ||||||
19 | (430 ILCS 65/8.3) | ||||||
20 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
21 | Card. The Department of State Police may suspend , by rule in a | ||||||
22 | manner consistent with the Department's rules concerning | ||||||
23 | revocation, provide for the suspension of the Firearm Owner's | ||||||
24 | Identification Card of a person whose Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card is subject to revocation and seizure under | ||||||
2 | this Act for the duration of the disqualification if the | ||||||
3 | disqualification is not a permanent grounds for revocation of | ||||||
4 | a Firearm Owner's Identification Card under this Act. The | ||||||
5 | Illinois State Police may adopt rules necessary to implement | ||||||
6 | this Section.
| ||||||
7 | (Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19 .) | ||||||
8 | (430 ILCS 65/8.4 new) | ||||||
9 | Sec. 8.4. Cancellation of Firearm Owner's Identification
| ||||||
10 | Card. The Illinois State Police may cancel a Firearm
Owner's | ||||||
11 | Identification Card if a person is not prohibited by
State or | ||||||
12 | federal law from acquiring or possessing a firearm or
firearm | ||||||
13 | ammunition and the sole purpose is for an
administrative | ||||||
14 | reason. This includes, at
the request of the Firearm Owner's | ||||||
15 | Identification Card holder,
a person who surrenders his or her | ||||||
16 | Illinois driver's license or
Illinois identification card to | ||||||
17 | another jurisdiction, or a
person's Firearm Owner's | ||||||
18 | Identification Card is reported as
lost, stolen, or destroyed. | ||||||
19 | The Illinois State Police may adopt rules
necessary to | ||||||
20 | implement this Section. | ||||||
21 | (430 ILCS 65/8.5 new) | ||||||
22 | Sec. 8.5. Illinois State Police to monitor databases for | ||||||
23 | firearms prohibitors. The Illinois State Police shall | ||||||
24 | continuously monitor relevant State and federal databases, as |
| |||||||
| |||||||
1 | allowed by State and federal law, for firearms prohibitors and | ||||||
2 | correlate those records with Firearm Owner's Identification | ||||||
3 | Card holders to ensure compliance with this Act and any other | ||||||
4 | State and federal laws. As used in this Section, "firearms | ||||||
5 | prohibitor" means any factor listed in Section 8 or Section | ||||||
6 | 8.2 of this Act or Section 24-3 or 24-3.1 of the Criminal Code | ||||||
7 | of 2012 that prohibits a person from transferring or | ||||||
8 | possessing a firearm, firearm ammunition, Firearm Owner's | ||||||
9 | Identification Card, or concealed carry license. | ||||||
10 | (430 ILCS 65/9.5) | ||||||
11 | Sec. 9.5. Revocation of Firearm Owner's Identification
| ||||||
12 | Card. | ||||||
13 | (a) A person who receives a revocation notice under | ||||||
14 | Section 9 of this Act shall, within 48 hours of receiving | ||||||
15 | notice of the revocation: | ||||||
16 | (1) surrender his or her Firearm Owner's | ||||||
17 | Identification Card to the local law enforcement agency | ||||||
18 | where the person resides or . The local law enforcement | ||||||
19 | agency shall provide the person a receipt and transmit the | ||||||
20 | Firearm Owner's Identification Card to the Department of | ||||||
21 | State Police; and | ||||||
22 | (2) complete a Firearm Disposition Record on a form | ||||||
23 | prescribed by the Department of State Police and place his | ||||||
24 | or her firearms in the location or with the person | ||||||
25 | reported in the Firearm Disposition Record. The form shall |
| |||||||
| |||||||
1 | require the person to disclose: | ||||||
2 | (A) the make, model, and serial number of each | ||||||
3 | firearm owned by or under the custody and control of | ||||||
4 | the revoked person; | ||||||
5 | (B) the location where each firearm will be | ||||||
6 | maintained during the prohibited term; and | ||||||
7 | (C) if any firearm will be transferred to the | ||||||
8 | custody of another person, the name, address and | ||||||
9 | Firearm Owner's Identification Card number of the | ||||||
10 | transferee ; and . | ||||||
11 | (D) to whom his or her Firearm Owner's | ||||||
12 | Identification Card was surrendered. | ||||||
13 | Once completed, the person shall retain a copy and | ||||||
14 | provide a copy of the Firearm Disposition Record to the | ||||||
15 | Illinois State Police. | ||||||
16 | (b) Upon confirming through the portal created under | ||||||
17 | Section 2605-304 of the Department of State Police Law of the | ||||||
18 | Civil Administrative Code of Illinois that the Firearm Owner's | ||||||
19 | Identification Card has been revoked by the Illinois State | ||||||
20 | Police, surrendered cards shall be destroyed by the law | ||||||
21 | enforcement agency receiving the cards. If a card has not been | ||||||
22 | revoked, the card shall be returned to the cardholder. The | ||||||
23 | local law enforcement agency shall provide a copy of the | ||||||
24 | Firearm Disposition Record to the person whose Firearm Owner's | ||||||
25 | Identification Card has been revoked and to the Department of | ||||||
26 | State Police. |
| |||||||
| |||||||
1 | (b-5) If a court orders the surrender of a Firearms | ||||||
2 | Owner's Identification Card and accepts receipt of the Card, | ||||||
3 | the court shall destroy the Card and direct the person whose | ||||||
4 | Firearm Owner's Identification Card has been surrendered to | ||||||
5 | comply with paragraph (2) of subsection (a). | ||||||
6 | (b-10) If the person whose Firearm Owner's Identification | ||||||
7 | Card has been revoked has either lost or destroyed the Card, | ||||||
8 | the person must still comply with paragraph (2) of subsection | ||||||
9 | (a). | ||||||
10 | (b-15) A notation shall be made in the portal created | ||||||
11 | under Section 2605-304 of the Department of State Police Law | ||||||
12 | of the Civil Administrative Code of Illinois that the revoked | ||||||
13 | Firearm Owner's Identification Card has been destroyed. | ||||||
14 | (c) If the person whose Firearm Owner's Identification | ||||||
15 | Card has been revoked fails to comply with the requirements of | ||||||
16 | this Section, the sheriff or law enforcement agency where the | ||||||
17 | person resides may petition the circuit court to issue a | ||||||
18 | warrant to search for and seize the Firearm Owner's | ||||||
19 | Identification Card and firearms in the possession or under | ||||||
20 | the custody or control of the person whose Firearm Owner's | ||||||
21 | Identification Card has been revoked. | ||||||
22 | (d) A violation of subsection (a) of this Section is a | ||||||
23 | Class A misdemeanor. | ||||||
24 | (e) The observation of a Firearm Owner's Identification | ||||||
25 | Card in the possession of a person whose Firearm Owner's | ||||||
26 | Identification Card has been revoked constitutes a sufficient |
| |||||||
| |||||||
1 | basis for the arrest of that person for violation of this | ||||||
2 | Section. | ||||||
3 | (f) Within 30 days after the effective date of this | ||||||
4 | amendatory Act of the 98th General Assembly, the Department of | ||||||
5 | State Police shall provide written notice of the requirements | ||||||
6 | of this Section to persons whose Firearm Owner's | ||||||
7 | Identification Cards have been revoked, suspended, or expired | ||||||
8 | and who have failed to surrender their cards to the | ||||||
9 | Department. | ||||||
10 | (g) A person whose Firearm Owner's Identification Card has | ||||||
11 | been revoked and who received notice under subsection (f) | ||||||
12 | shall comply with the requirements of this Section within 48 | ||||||
13 | hours of receiving notice.
| ||||||
14 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
15 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
16 | Sec. 10. Appeals Appeal to director ; hearing; relief from | ||||||
17 | firearm prohibitions. | ||||||
18 | (a) Whenever an application for a Firearm Owner's | ||||||
19 | Identification
Card is denied , whenever the Department fails | ||||||
20 | to act on an application
within 30 days of its receipt, or | ||||||
21 | whenever such a Card is revoked or seized
as provided for in | ||||||
22 | Section 8 of this Act, the aggrieved party may
(1) file a | ||||||
23 | record challenge with the Director regarding the record upon | ||||||
24 | which the decision to deny or revoke the Firearm Owner's | ||||||
25 | Identification Card was based under subsection (a-5); or (2) |
| |||||||
| |||||||
1 | appeal
to the Director of the Illinois State Police through | ||||||
2 | December 31, 2022, or beginning January 1, 2023, the Firearm | ||||||
3 | Owner's Identification Card Review Board for a hearing seeking | ||||||
4 | relief from upon
such denial or , revocation or seizure, | ||||||
5 | unless the denial or , revocation , or seizure
was based upon a | ||||||
6 | forcible felony, stalking, aggravated stalking, domestic
| ||||||
7 | battery, any violation of the Illinois Controlled Substances | ||||||
8 | Act, the Methamphetamine Control and Community Protection Act, | ||||||
9 | or the
Cannabis Control Act that is classified as a Class 2 or | ||||||
10 | greater felony,
any
felony violation of Article 24 of the | ||||||
11 | Criminal Code of 1961 or the Criminal Code of 2012, or any
| ||||||
12 | adjudication as a delinquent minor for the commission of an
| ||||||
13 | offense that if committed by an adult would be a felony, in | ||||||
14 | which case the
aggrieved party may petition the circuit court | ||||||
15 | in writing in the county of
his or her residence for a hearing | ||||||
16 | seeking relief from upon such denial or , revocation , or | ||||||
17 | seizure .
| ||||||
18 | (a-5) There is created a Firearm Owner's Identification | ||||||
19 | Card Review Board to consider any appeal under subsection (a) | ||||||
20 | beginning January 1, 2023, other than an appeal directed to | ||||||
21 | the circuit court and except when the applicant is challenging | ||||||
22 | the record upon which the decision to deny or revoke was based | ||||||
23 | as provided in subsection (a-10). | ||||||
24 | (0.05) In furtherance of the policy of this Act that | ||||||
25 | the Board shall exercise its powers and duties in an | ||||||
26 | independent manner, subject to the provisions of this Act |
| |||||||
| |||||||
1 | but free from the direction, control, or influence of any | ||||||
2 | other agency or department of State government. All | ||||||
3 | expenses and liabilities incurred by the Board in the | ||||||
4 | performance of its responsibilities hereunder shall be | ||||||
5 | paid from funds which shall be appropriated to the Board | ||||||
6 | by the General Assembly for the ordinary and contingent | ||||||
7 | expenses of the Board. | ||||||
8 | (1) The Board shall consist of 7 members appointed by | ||||||
9 | the Governor, with the advice and consent of the Senate, | ||||||
10 | with 3 members residing within the First Judicial District | ||||||
11 | and one member residing within each of the 4 remaining | ||||||
12 | Judicial Districts. No more than 4 members shall be | ||||||
13 | members of the same political party. The Governor shall | ||||||
14 | designate one member as the chairperson. The Board shall | ||||||
15 | consist of: | ||||||
16 | (A) one member with at least 5 years of service as | ||||||
17 | a federal or State judge; | ||||||
18 | (B) one member with at least 5 years of experience | ||||||
19 | serving as an attorney with the United States | ||||||
20 | Department of Justice, or as a State's Attorney or | ||||||
21 | Assistant State's Attorney; | ||||||
22 | (C) one member with at least 5 years of experience | ||||||
23 | serving as a State or federal public defender or | ||||||
24 | assistant public defender; | ||||||
25 | (D) three members with at least 5 years of | ||||||
26 | experience as a federal, State, or local law |
| |||||||
| |||||||
1 | enforcement agent or as an employee with investigative | ||||||
2 | experience or duties related to criminal justice under | ||||||
3 | the United States Department of Justice, Drug | ||||||
4 | Enforcement Administration, Department of Homeland | ||||||
5 | Security, Federal Bureau of Investigation, or a State | ||||||
6 | or local law enforcement agency; and | ||||||
7 | (E) one member with at least 5 years of experience | ||||||
8 | as a licensed physician or clinical psychologist with | ||||||
9 | expertise in the diagnosis and treatment of mental | ||||||
10 | illness. | ||||||
11 | (2) The terms of the members initially appointed after
| ||||||
12 | the effective date of this amendatory Act of the 102nd | ||||||
13 | General Assembly shall be as follows: one of
the initial | ||||||
14 | members shall be appointed for a term of one year, 3 shall | ||||||
15 | be
appointed for terms of 2 years, and 3 shall be appointed | ||||||
16 | for terms of 4 years. Thereafter, members shall hold | ||||||
17 | office for 4 years, with terms expiring on the second | ||||||
18 | Monday in January immediately following the expiration of | ||||||
19 | their terms and every 4 years thereafter. Members may be | ||||||
20 | reappointed. Vacancies in the office of member shall be | ||||||
21 | filled in the same manner as the original appointment, for | ||||||
22 | the remainder of the unexpired term. The Governor may | ||||||
23 | remove a member for incompetence, neglect of duty, | ||||||
24 | malfeasance, or inability to serve. Members shall receive | ||||||
25 | compensation in an amount equal to the compensation of | ||||||
26 | members of the Executive Ethics Commission and may be |
| |||||||
| |||||||
1 | reimbursed, from funds appropriated for such a purpose, | ||||||
2 | for reasonable expenses actually incurred in the | ||||||
3 | performance of their Board duties. The Illinois State | ||||||
4 | Police shall designate an employee to serve as Executive | ||||||
5 | Director of the Board and provide logistical and | ||||||
6 | administrative assistance to the Board. | ||||||
7 | (3) The Board shall meet at least quarterly each year | ||||||
8 | and at the call of the chairperson as often as necessary to | ||||||
9 | consider appeals of decisions made with respect to | ||||||
10 | applications for a Firearm Owner's Identification Card | ||||||
11 | under this Act. If necessary to ensure the participation | ||||||
12 | of a member, the Board shall allow a member to participate | ||||||
13 | in a Board meeting by electronic communication. Any member | ||||||
14 | participating electronically shall be deemed present for | ||||||
15 | purposes of establishing a quorum and voting. | ||||||
16 | (4) The Board shall adopt rules for the review of | ||||||
17 | appeals and the conduct of hearings. The Board shall | ||||||
18 | maintain a record of its decisions and all materials | ||||||
19 | considered in making its decisions. All Board decisions | ||||||
20 | and voting records shall be kept confidential and all | ||||||
21 | materials considered by the Board shall be exempt from | ||||||
22 | inspection except upon order of a court. | ||||||
23 | (5) In considering an appeal, the Board shall review | ||||||
24 | the materials received concerning the denial or revocation | ||||||
25 | by the Illinois State Police. By a vote of at least 4 | ||||||
26 | members, the Board may request additional information from |
| |||||||
| |||||||
1 | the Illinois State Police or the applicant or the | ||||||
2 | testimony of the Illinois State Police or the applicant. | ||||||
3 | The Board may require that the applicant submit electronic | ||||||
4 | fingerprints to the Illinois State Police for an updated | ||||||
5 | background check if the Board determines it lacks | ||||||
6 | sufficient information to determine eligibility. The Board | ||||||
7 | may consider information submitted by the Illinois State | ||||||
8 | Police, a law enforcement agency, or the applicant. The | ||||||
9 | Board shall review each denial or revocation and determine | ||||||
10 | by a majority of members whether an applicant should be | ||||||
11 | granted relief under subsection (c). | ||||||
12 | (6) The Board shall by order issue summary decisions. | ||||||
13 | The Board shall issue a decision within 45 days of | ||||||
14 | receiving all completed appeal documents from the Illinois | ||||||
15 | State Police and the applicant. However, the Board need | ||||||
16 | not issue a decision within 45 days if: | ||||||
17 | (A) the Board requests information from the | ||||||
18 | applicant, including, but not limited to, electronic | ||||||
19 | fingerprints to be submitted to the Illinois State | ||||||
20 | Police, in accordance with paragraph (5) of this | ||||||
21 | subsection, in which case the Board shall make a | ||||||
22 | decision within 30 days of receipt of the required | ||||||
23 | information from the applicant; | ||||||
24 | (B) the applicant agrees, in writing, to allow the | ||||||
25 | Board additional time to consider an appeal; or | ||||||
26 | (C) the Board notifies the applicant and the |
| |||||||
| |||||||
1 | Illinois State Police that the Board needs an | ||||||
2 | additional 30 days to issue a decision. The Board may | ||||||
3 | only issue 2 extensions under this subparagraph (C). | ||||||
4 | The Board's notification to the applicant and the | ||||||
5 | Illinois State Police shall include an explanation for | ||||||
6 | the extension. | ||||||
7 | (7) If the Board determines that the applicant is | ||||||
8 | eligible for relief under subsection (c), the Board shall | ||||||
9 | notify the applicant and the Illinois State Police that | ||||||
10 | relief has been granted and the Illinois State Police | ||||||
11 | shall issue the Card. | ||||||
12 | (8) Meetings of the Board shall not be subject to the | ||||||
13 | Open Meetings Act and records of the Board shall not be | ||||||
14 | subject to the Freedom of Information Act. | ||||||
15 | (9) The Board shall report monthly to the Governor and | ||||||
16 | the General Assembly on the number of appeals received and | ||||||
17 | provide details of the circumstances in which the Board | ||||||
18 | has determined to deny Firearm Owner's Identification | ||||||
19 | Cards under this subsection (a-5). The report shall not | ||||||
20 | contain any identifying information about the applicants. | ||||||
21 | (a-10) Whenever an applicant or cardholder is not seeking | ||||||
22 | relief from a firearms prohibition under subsection (c) but | ||||||
23 | rather does not believe the applicant is appropriately denied | ||||||
24 | or revoked and is challenging the record upon which the | ||||||
25 | decision to deny or revoke the Firearm Owner's Identification | ||||||
26 | Card was based, or whenever the Illinois State Police fails to |
| |||||||
| |||||||
1 | act on an application within 30 days of its receipt, the | ||||||
2 | applicant shall file such challenge with the Director. The | ||||||
3 | Director shall render a decision within 60 business days of | ||||||
4 | receipt of all information supporting the challenge. The | ||||||
5 | Illinois State Police shall adopt rules for the review of a | ||||||
6 | record challenge. | ||||||
7 | (b) At least 30 days before any hearing in the circuit | ||||||
8 | court, the
petitioner shall serve the
relevant State's | ||||||
9 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
10 | object to the petition and present evidence. At the hearing , | ||||||
11 | the court
shall
determine whether substantial justice has been | ||||||
12 | done. Should the court
determine that substantial justice has | ||||||
13 | not been done, the court shall issue an
order directing the | ||||||
14 | Illinois Department of State Police to issue a Card. However, | ||||||
15 | the court shall not issue the order if the petitioner is | ||||||
16 | otherwise prohibited from obtaining, possessing, or using a | ||||||
17 | firearm under
federal law.
| ||||||
18 | (c) Any person prohibited from possessing a firearm under | ||||||
19 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
20 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
21 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
22 | Card Review Board Director
of State Police
or petition the | ||||||
23 | circuit court in the county where the petitioner resides,
| ||||||
24 | whichever is applicable in accordance with subsection (a) of | ||||||
25 | this Section,
requesting relief
from such prohibition and the | ||||||
26 | Board Director or court may grant such relief if it
is
|
| |||||||
| |||||||
1 | established by the applicant to the court's or the Board's | ||||||
2 | Director's satisfaction
that:
| ||||||
3 | (0.05) when in the circuit court, the State's Attorney | ||||||
4 | has been served
with a written
copy of the
petition at | ||||||
5 | least 30 days before any such hearing in the circuit court | ||||||
6 | and at
the hearing the
State's Attorney was afforded an | ||||||
7 | opportunity to present evidence and object to
the | ||||||
8 | petition;
| ||||||
9 | (1) the applicant has not been convicted of a forcible | ||||||
10 | felony under the
laws of this State or any other | ||||||
11 | jurisdiction within 20 years of the
applicant's | ||||||
12 | application for a Firearm Owner's Identification Card, or | ||||||
13 | at
least 20 years have passed since the end of any period | ||||||
14 | of imprisonment
imposed in relation to that conviction;
| ||||||
15 | (2) the circumstances regarding a criminal conviction, | ||||||
16 | where applicable,
the applicant's criminal history and his | ||||||
17 | reputation are such that the applicant
will not be likely | ||||||
18 | to act in a manner dangerous to public safety;
| ||||||
19 | (3) granting relief would not be contrary to the | ||||||
20 | public interest; and | ||||||
21 | (4) granting relief would not be contrary to federal | ||||||
22 | law.
| ||||||
23 | (c-5) (1) An active law enforcement officer employed by a | ||||||
24 | unit of government, who is denied, revoked, or has his or her | ||||||
25 | Firearm Owner's Identification Card seized under subsection | ||||||
26 | (e) of Section 8 of this Act may apply to the Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card Review Board Director of State Police | ||||||
2 | requesting relief if the officer did not act in a manner | ||||||
3 | threatening to the officer, another person, or the public as | ||||||
4 | determined by the treating clinical psychologist or physician, | ||||||
5 | and as a result of his or her work is referred by the employer | ||||||
6 | for or voluntarily seeks mental health evaluation or treatment | ||||||
7 | by a licensed clinical psychologist, psychiatrist, or | ||||||
8 | qualified examiner, and: | ||||||
9 | (A) the officer has not received treatment | ||||||
10 | involuntarily at a mental health facility, regardless of | ||||||
11 | the length of admission; or has not been voluntarily | ||||||
12 | admitted to a mental health facility for more than 30 days | ||||||
13 | and not for more than one incident within the past 5 years; | ||||||
14 | and | ||||||
15 | (B) the officer has not left the mental institution | ||||||
16 | against medical advice. | ||||||
17 | (2) The Firearm Owner's Identification Card Review Board | ||||||
18 | Director of State Police shall grant expedited relief to | ||||||
19 | active law enforcement officers described in paragraph (1) of | ||||||
20 | this subsection (c-5) upon a determination by the Board | ||||||
21 | Director that the officer's possession of a firearm does not | ||||||
22 | present a threat to themselves, others, or public safety. The | ||||||
23 | Board Director shall act on the request for relief within 30 | ||||||
24 | business days of receipt of: | ||||||
25 | (A) a notarized statement from the officer in the form | ||||||
26 | prescribed by the Board Director detailing the |
| |||||||
| |||||||
1 | circumstances that led to the hospitalization; | ||||||
2 | (B) all documentation regarding the admission, | ||||||
3 | evaluation, treatment and discharge from the treating | ||||||
4 | licensed clinical psychologist or psychiatrist of the | ||||||
5 | officer; | ||||||
6 | (C) a psychological fitness for duty evaluation of the | ||||||
7 | person completed after the time of discharge; and | ||||||
8 | (D) written confirmation in the form prescribed by the | ||||||
9 | Board Director from the treating licensed clinical | ||||||
10 | psychologist or psychiatrist that the provisions set forth | ||||||
11 | in paragraph (1) of this subsection (c-5) have been met, | ||||||
12 | the person successfully completed treatment, and their | ||||||
13 | professional opinion regarding the person's ability to | ||||||
14 | possess firearms. | ||||||
15 | (3) Officers eligible for the expedited relief in | ||||||
16 | paragraph (2) of this subsection (c-5) have the burden of | ||||||
17 | proof on eligibility and must provide all information | ||||||
18 | required. The Board Director may not consider granting | ||||||
19 | expedited relief until the proof and information is received. | ||||||
20 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
21 | "qualified examiner" shall have the same meaning as provided | ||||||
22 | in Chapter I of the Mental Health and Developmental | ||||||
23 | Disabilities Code. | ||||||
24 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
25 | his or her Firearm Owner's Identification Card seized under | ||||||
26 | subsection (e) of Section 8 of this Act based upon a |
| |||||||
| |||||||
1 | determination of a developmental disability or an intellectual | ||||||
2 | disability may apply to the Firearm Owner's Identification | ||||||
3 | Card Review Board Director of State Police requesting relief. | ||||||
4 | (2) The Board Director shall act on the request for relief | ||||||
5 | within 60 business days of receipt of written certification, | ||||||
6 | in the form prescribed by the Board Director , from a physician | ||||||
7 | or clinical psychologist, or qualified examiner, that the | ||||||
8 | aggrieved party's developmental disability or intellectual | ||||||
9 | disability condition is determined by a physician, clinical | ||||||
10 | psychologist, or qualified to be mild. If a fact-finding | ||||||
11 | conference is scheduled to obtain additional information | ||||||
12 | concerning the circumstances of the denial or revocation, the | ||||||
13 | 60 business days the Director has to act shall be tolled until | ||||||
14 | the completion of the fact-finding conference. | ||||||
15 | (3) The Board Director may grant relief if the aggrieved | ||||||
16 | party's developmental disability or intellectual disability is | ||||||
17 | mild as determined by a physician, clinical psychologist, or | ||||||
18 | qualified examiner and it is established by the applicant to | ||||||
19 | the Board's Director's satisfaction that: | ||||||
20 | (A) granting relief would not be contrary to the | ||||||
21 | public interest; and | ||||||
22 | (B) granting relief would not be contrary to federal | ||||||
23 | law. | ||||||
24 | (4) The Board Director may not grant relief if the | ||||||
25 | condition is determined by a physician, clinical psychologist, | ||||||
26 | or qualified examiner to be moderate, severe, or profound. |
| |||||||
| |||||||
1 | (5) The changes made to this Section by Public Act 99-29 | ||||||
2 | this amendatory Act of the 99th General Assembly apply to | ||||||
3 | requests for
relief pending on or before July 10, 2015 ( the | ||||||
4 | effective date of Public Act 99-29) this amendatory Act , | ||||||
5 | except that the 60-day period for the Director to act on | ||||||
6 | requests pending before the effective date shall begin
on July | ||||||
7 | 10, 2015 ( the effective date of Public Act 99-29) this | ||||||
8 | amendatory Act . All appeals as provided in subsection (a-5), | ||||||
9 | pending on January 1, 2023, shall be considered by the Board. | ||||||
10 | (d) When a minor is adjudicated delinquent for an offense | ||||||
11 | which if
committed by an adult would be a felony, the court | ||||||
12 | shall notify the Illinois Department
of State Police.
| ||||||
13 | (e) The court shall review the denial of an application or | ||||||
14 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
15 | person who has been adjudicated
delinquent for an offense that | ||||||
16 | if
committed by an adult would be a felony if an
application | ||||||
17 | for relief has been filed at least 10 years after the | ||||||
18 | adjudication
of delinquency and the court determines that the | ||||||
19 | applicant should be
granted relief from disability to obtain a | ||||||
20 | Firearm Owner's Identification Card.
If the court grants | ||||||
21 | relief, the court shall notify the Illinois Department of | ||||||
22 | State
Police that the disability has
been removed and that the | ||||||
23 | applicant is eligible to obtain a Firearm Owner's
| ||||||
24 | Identification Card.
| ||||||
25 | (f) Any person who is subject to the disabilities of 18 | ||||||
26 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act |
| |||||||
| |||||||
1 | of 1968 because of an adjudication or commitment that occurred | ||||||
2 | under the laws of this State or who was determined to be | ||||||
3 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
4 | Section 8 of this Act may apply to the Illinois Department of | ||||||
5 | State Police requesting relief from that prohibition. The | ||||||
6 | Board Director shall grant the relief if it is established by a | ||||||
7 | preponderance of the evidence that the person will not be | ||||||
8 | likely to act in a manner dangerous to public safety and that | ||||||
9 | granting relief would not be contrary to the public interest. | ||||||
10 | In making this determination, the Board Director shall receive | ||||||
11 | evidence concerning (i) the circumstances regarding the | ||||||
12 | firearms disabilities from which relief is sought; (ii) the | ||||||
13 | petitioner's mental health and criminal history records, if | ||||||
14 | any; (iii) the petitioner's reputation, developed at a minimum | ||||||
15 | through character witness statements, testimony, or other | ||||||
16 | character evidence; and (iv) changes in the petitioner's | ||||||
17 | condition or circumstances since the disqualifying events | ||||||
18 | relevant to the relief sought. If relief is granted under this | ||||||
19 | subsection or by order of a court under this Section, the | ||||||
20 | Director shall as soon as practicable but in no case later than | ||||||
21 | 15 business days, update, correct, modify, or remove the | ||||||
22 | person's record in any database that the Illinois Department | ||||||
23 | of State Police makes available to the National Instant | ||||||
24 | Criminal Background Check System and notify the United States | ||||||
25 | Attorney General that the basis for the record being made | ||||||
26 | available no longer applies. The Illinois Department of State |
| |||||||
| |||||||
1 | Police shall adopt rules for the administration of this | ||||||
2 | Section. | ||||||
3 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||||||
4 | eff. 7-20-15.)
| ||||||
5 | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
| ||||||
6 | Sec. 11. Judicial review of final administrative | ||||||
7 | decisions. | ||||||
8 | (a) All final administrative decisions of the Firearm | ||||||
9 | Owner's Identification Card Review Board Department under this
| ||||||
10 | Act, except final administrative decisions of the Firearm | ||||||
11 | Owner's Identification Card Review Board Director of State | ||||||
12 | Police to deny a person's application for relief under | ||||||
13 | subsection (f) of Section 10 of this Act, shall be subject to | ||||||
14 | judicial review under the provisions of the Administrative
| ||||||
15 | Review Law, and all amendments and
modifications thereof, and | ||||||
16 | the rules adopted pursuant thereto. The term
"administrative | ||||||
17 | decision" is defined as in Section 3-101 of the Code of
Civil | ||||||
18 | Procedure.
| ||||||
19 | (b) Any final administrative decision by the Firearm | ||||||
20 | Owner's Identification Card Review Board Director of State | ||||||
21 | Police to deny a person's application for relief under | ||||||
22 | subsection (f) of Section 10 of this Act is subject to de novo | ||||||
23 | judicial review by the circuit court, and any party may offer | ||||||
24 | evidence that is otherwise proper and admissible without | ||||||
25 | regard to whether that evidence is part of the administrative |
| |||||||
| |||||||
1 | record. | ||||||
2 | (c) The Firearm Owner's Identification Card Review Board | ||||||
3 | Director of State Police shall submit a report to the General
| ||||||
4 | Assembly on March 1 of each year, beginning March 1, 1991, | ||||||
5 | listing all
final decisions by a court of this State | ||||||
6 | upholding, reversing, or
reversing in part any administrative | ||||||
7 | decision made by the Department of State Police.
| ||||||
8 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
9 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
10 | Sec. 13.2. Renewal; name , photograph, or address change; | ||||||
11 | replacement card. The Department of State Police shall, 180 60 | ||||||
12 | days
prior to the expiration of a Firearm Owner's | ||||||
13 | Identification Card,
forward by first class mail or by other | ||||||
14 | means provided in Section 7.5 to each person whose card is to | ||||||
15 | expire a
notification of the
expiration of the card and | ||||||
16 | instructions for renewal.
It is the obligation of the holder | ||||||
17 | of a Firearm Owner's Identification Card
to notify the | ||||||
18 | Department of State Police of any address change since the
| ||||||
19 | issuance of
the Firearm Owner's Identification Card. The | ||||||
20 | Illinois State Police may update the applicant and card | ||||||
21 | holders address based upon records in the Secretary of State | ||||||
22 | Driver's License or Illinois identification card records of | ||||||
23 | applicants who do not have driver's licenses. Whenever any | ||||||
24 | person moves from the residence address named on his or her | ||||||
25 | card, the person shall within 21 calendar days thereafter |
| |||||||
| |||||||
1 | notify in a form and manner prescribed by the Department of his | ||||||
2 | or her old and new residence addresses and the card number held | ||||||
3 | by him or her. Any person whose legal name has changed from the | ||||||
4 | name on the card that he or she has been previously issued must | ||||||
5 | apply for a corrected card within 30 calendar days after the | ||||||
6 | change. The cost for an updated or a corrected card shall be | ||||||
7 | $5. The cost for replacement of a card which has been lost, | ||||||
8 | destroyed, or stolen shall be $5 if the loss, destruction, or | ||||||
9 | theft of the card is reported to the Department of State | ||||||
10 | Police. The fees collected under this Section shall be | ||||||
11 | deposited into the State Police Firearm Services Fund.
| ||||||
12 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
13 | (430 ILCS 65/13.4 new) | ||||||
14 | Sec. 13.4. Illinois State Police; rule making authority. | ||||||
15 | The Illinois State Police shall by rule adopt the following | ||||||
16 | procedures: | ||||||
17 | (1) When a person who possesses a valid Firearm Owner's | ||||||
18 | Identification Card applies for and is approved for a | ||||||
19 | concealed carry license, the valid Firearm Owner's | ||||||
20 | Identification Card is renewed for 10 years from the time of | ||||||
21 | approval instead of 10 years from the date of the original | ||||||
22 | card. | ||||||
23 | (2) If a person is eligible for both a Firearm Owner's | ||||||
24 | Identification Card and a concealed carry license, the | ||||||
25 | Illinois State Police shall by rule create one card that may be |
| |||||||
| |||||||
1 | used as both a Firearm Owner's Identification Card and a | ||||||
2 | concealed carry license. A combined Firearm Owner's | ||||||
3 | Identification Card and concealed carry license shall be | ||||||
4 | considered a valid card for the purposes of this Act. If a | ||||||
5 | person who possesses a combined Firearm Owner's Identification | ||||||
6 | Card and a concealed carry license becomes subject to | ||||||
7 | suspension or revocation under the Firearm Concealed Carry | ||||||
8 | Act, but is otherwise eligible for a valid Firearm Owner's | ||||||
9 | Identification Card, the Illinois State Police shall ensure | ||||||
10 | the person's Firearm Owner's Identification Card status is not | ||||||
11 | interrupted. The Illinois State Police shall adopt rules to | ||||||
12 | implement this Section. | ||||||
13 | Section 25. The Firearm Concealed Carry Act is amended by | ||||||
14 | changing Sections 10, 20, 30, 50, 55, and 70 and by adding | ||||||
15 | Sections 10.5, 10.6, and 66 as follows: | ||||||
16 | (430 ILCS 66/10)
| ||||||
17 | Sec. 10. Issuance of licenses to carry a concealed | ||||||
18 | firearm. | ||||||
19 | (a) The Department shall issue a license to carry a | ||||||
20 | concealed firearm under this Act to an applicant who: | ||||||
21 | (1) meets the qualifications of Section 25 of this | ||||||
22 | Act; | ||||||
23 | (2) has provided the application and documentation | ||||||
24 | required in Section 30 of this Act; |
| |||||||
| |||||||
1 | (3) has submitted the requisite fees; and | ||||||
2 | (4) does not pose a danger to himself, herself, or | ||||||
3 | others, or a threat to public safety as determined by the | ||||||
4 | Concealed Carry Licensing Review Board in accordance with | ||||||
5 | Section 20. | ||||||
6 | (b) The Department shall issue a renewal, corrected, or | ||||||
7 | duplicate license as provided in this Act. | ||||||
8 | (c) A license shall be valid throughout the State for a | ||||||
9 | period of 5 years from the date of issuance. A license shall | ||||||
10 | permit the licensee to: | ||||||
11 | (1) carry a loaded or unloaded concealed firearm, | ||||||
12 | fully concealed or partially concealed, on or about his or | ||||||
13 | her person; and
| ||||||
14 | (2) keep or carry a loaded or unloaded concealed | ||||||
15 | firearm on or about his or her person within a vehicle. | ||||||
16 | (d) The Department shall make applications for a license | ||||||
17 | available no later than 180 days after the effective date of | ||||||
18 | this Act. The Department shall establish rules for the | ||||||
19 | availability and submission of applications in accordance with | ||||||
20 | this Act. | ||||||
21 | (e) An application for a license submitted to the | ||||||
22 | Department that contains all the information and materials | ||||||
23 | required by this Act, including the requisite fee, shall be | ||||||
24 | deemed completed. Except as otherwise provided in this Act, no | ||||||
25 | later than 90 days after receipt of a completed application, | ||||||
26 | the Department shall issue or deny the applicant a license. |
| |||||||
| |||||||
1 | The Illinois State Police shall notify the applicant for a | ||||||
2 | concealed carry license, electronically, to confirm if all the | ||||||
3 | required information and materials have been received. If an | ||||||
4 | applicant for a concealed carry license submits his or her | ||||||
5 | application electronically, the Illinois State Police shall | ||||||
6 | notify the applicant electronically if his or her application | ||||||
7 | is missing information or materials. | ||||||
8 | (f) The Department shall deny the applicant a license if | ||||||
9 | the applicant fails to meet the requirements under this Act or | ||||||
10 | the Department receives a determination from the Board that | ||||||
11 | the applicant is ineligible for a license. The Department must | ||||||
12 | notify the applicant stating the grounds for the denial. The | ||||||
13 | notice of denial must inform the applicant of his or her right | ||||||
14 | to an appeal through administrative and judicial review. | ||||||
15 | (g) A licensee shall possess a license at all times the | ||||||
16 | licensee carries a concealed firearm except: | ||||||
17 | (1) when the licensee is carrying or possessing a | ||||||
18 | concealed firearm on his or her land or in his or her | ||||||
19 | abode, legal dwelling, or fixed place of business, or on | ||||||
20 | the land or in the legal dwelling of another person as an | ||||||
21 | invitee with that person's permission; | ||||||
22 | (2) when the person is authorized to carry a firearm | ||||||
23 | under Section 24-2 of the Criminal Code of 2012, except | ||||||
24 | subsection (a-5) of that Section; or | ||||||
25 | (3) when the handgun is broken down in a | ||||||
26 | non-functioning state, is not immediately accessible, or |
| |||||||
| |||||||
1 | is unloaded and enclosed in a case. | ||||||
2 | (h) If an officer of a law enforcement agency initiates an | ||||||
3 | investigative stop, including but not limited to a traffic | ||||||
4 | stop, of a licensee or a non-resident carrying a concealed | ||||||
5 | firearm under subsection (e) of
Section 40 of this Act, upon | ||||||
6 | the request of the officer the licensee or non-resident shall | ||||||
7 | disclose to the officer that he or she is in possession of a | ||||||
8 | concealed firearm under this Act, or present the license upon | ||||||
9 | the request of the officer if he or she is a licensee or | ||||||
10 | present upon the request of the officer evidence
under | ||||||
11 | paragraph (2) of subsection (e) of Section 40 of this Act that | ||||||
12 | he or she is a non-resident qualified to carry
under that | ||||||
13 | subsection. The disclosure requirement under this subsection | ||||||
14 | (h) is satisfied if the licensee presents his or her license to | ||||||
15 | the officer or the non-resident presents to the officer | ||||||
16 | evidence under paragraph (2) of subsection (e) of Section 40 | ||||||
17 | of this Act that he or she is qualified to carry under that | ||||||
18 | subsection. Upon the request of the officer, the licensee or | ||||||
19 | non-resident shall also identify the location of the concealed | ||||||
20 | firearm and permit the officer to safely secure the firearm | ||||||
21 | for the duration of the investigative stop. During a traffic | ||||||
22 | stop, any
passenger within the vehicle who is a licensee or a | ||||||
23 | non-resident carrying under subsection (e) of
Section 40 of | ||||||
24 | this Act must comply with the requirements of this subsection | ||||||
25 | (h). | ||||||
26 | (h-1) If a licensee carrying a firearm or a non-resident |
| |||||||
| |||||||
1 | carrying a firearm in a vehicle under subsection (e) of | ||||||
2 | Section 40 of this Act is contacted by a law enforcement | ||||||
3 | officer or emergency
services personnel, the law enforcement | ||||||
4 | officer or emergency services personnel may secure the firearm
| ||||||
5 | or direct that it be secured during the duration of the contact | ||||||
6 | if the law enforcement officer or emergency
services personnel | ||||||
7 | determines that it is necessary for the safety of any person
| ||||||
8 | present, including the law enforcement officer or emergency | ||||||
9 | services personnel. The licensee or nonresident
shall submit | ||||||
10 | to the order to secure the firearm. When the law enforcement | ||||||
11 | officer or emergency services
personnel have determined that | ||||||
12 | the licensee or non-resident is not a threat to
the safety of | ||||||
13 | any person present, including the law enforcement officer or | ||||||
14 | emergency services personnel, and
if the licensee or | ||||||
15 | non-resident is physically and mentally capable of
possessing | ||||||
16 | the firearm, the law enforcement officer or emergency services | ||||||
17 | personnel shall return the
firearm to the licensee or | ||||||
18 | non-resident before releasing him or her from the
scene and | ||||||
19 | breaking contact. If the licensee or non-resident is | ||||||
20 | transported for
treatment to another location, the firearm | ||||||
21 | shall be turned over to any peace
officer. The peace officer | ||||||
22 | shall provide a receipt which includes the make,
model, | ||||||
23 | caliber, and serial number of the firearm. | ||||||
24 | (i) The Department shall maintain a database of license | ||||||
25 | applicants and licensees. The database shall be available to | ||||||
26 | all federal, State, and local law enforcement agencies, |
| |||||||
| |||||||
1 | State's Attorneys, the Attorney General, and authorized court | ||||||
2 | personnel. Within 180 days after the effective date of this | ||||||
3 | Act, the database shall be searchable and provide all | ||||||
4 | information included in the application, including the | ||||||
5 | applicant's previous addresses within the 10 years prior to | ||||||
6 | the license application and any information related to | ||||||
7 | violations of this Act. No law enforcement agency, State's | ||||||
8 | Attorney, Attorney General, or member or staff of the | ||||||
9 | judiciary shall provide any information to a requester who is | ||||||
10 | not entitled to it by law. | ||||||
11 | (j) No later than 10 days after receipt of a completed | ||||||
12 | application, the Department shall enter the relevant | ||||||
13 | information about the applicant into the database under | ||||||
14 | subsection (i) of this Section which is accessible by law | ||||||
15 | enforcement agencies.
| ||||||
16 | (k) The Illinois State Police shall continuously monitor | ||||||
17 | relevant State and federal databases for firearms prohibitors | ||||||
18 | and correlate those records with concealed carry license | ||||||
19 | holders to ensure compliance with this Act, or State and | ||||||
20 | federal law. The Illinois State Police may adopt rules to | ||||||
21 | implement this subsection. | ||||||
22 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | ||||||
23 | eff. 7-10-15.) | ||||||
24 | (430 ILCS 66/10.5 new) | ||||||
25 | Sec. 10.5. Electronic concealed carry licenses. The |
| |||||||
| |||||||
1 | Illinois State Police may develop a system under which the | ||||||
2 | holder of a concealed carry license may display an electronic | ||||||
3 | version of his or her license on a mobile telephone or other | ||||||
4 | portable electronic device. An electronic version of a | ||||||
5 | concealed carry license shall contain security features the | ||||||
6 | Illinois State Police determines to be necessary to ensure | ||||||
7 | that the electronic version is accurate and current and shall | ||||||
8 | satisfy other requirements the Illinois State Police | ||||||
9 | determines to be necessary regarding form and content. The | ||||||
10 | display or possession of an electronic version of a valid | ||||||
11 | concealed carry license in accordance with the requirements of | ||||||
12 | the Illinois State Police satisfies all requirements for the | ||||||
13 | display or possession of a valid concealed carry license under | ||||||
14 | the laws of this State. The possession or display of an | ||||||
15 | electronic concealed carry license on a mobile telephone or | ||||||
16 | other portable electronic device does not constitute consent | ||||||
17 | for a law enforcement officer, court, or other officer of the | ||||||
18 | court to access other contents of the mobile telephone or | ||||||
19 | other portable electronic device. The Illinois State Police | ||||||
20 | may adopt rules to implement this Section. | ||||||
21 | (430 ILCS 66/10.6 new) | ||||||
22 | Sec. 10.6. Email and text messages notifications. A person | ||||||
23 | subject to this Act may notify the Department upon application | ||||||
24 | or at any time thereafter that he or she would like to receive | ||||||
25 | correspondence from the Illinois State Police via email or |
| |||||||
| |||||||
1 | text message and may opt out of first-class mail. Such | ||||||
2 | correspondence may include notification of the status of a | ||||||
3 | person's application, suspension, revocation, appeal, and | ||||||
4 | other notifications concerning his or her concealed carry | ||||||
5 | license. A person may request email or text message, or both. | ||||||
6 | Any person selecting email or text message alerts must have | ||||||
7 | either or both the person's email or cellular phone number on | ||||||
8 | file with the Illinois State Police. | ||||||
9 | (430 ILCS 66/20)
| ||||||
10 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
11 | (a) There is hereby created within the Department of State | ||||||
12 | Police a Concealed Carry Licensing Review Board to consider | ||||||
13 | any objection to an applicant's eligibility to obtain a | ||||||
14 | license under this Act submitted by a law enforcement agency | ||||||
15 | or the Department under Section 15 of this Act. The Board shall | ||||||
16 | consist of 7 commissioners to be appointed by the Governor, | ||||||
17 | with the advice and consent of the Senate, with 3 | ||||||
18 | commissioners residing within the First Judicial District and | ||||||
19 | one commissioner residing within each of the 4 remaining | ||||||
20 | Judicial Districts. No more than 4 commissioners shall be | ||||||
21 | members of the same political party. The Governor shall | ||||||
22 | designate one commissioner as the Chairperson. The Board shall | ||||||
23 | consist of: | ||||||
24 | (1) one commissioner with at least 5 years of service | ||||||
25 | as a federal judge; |
| |||||||
| |||||||
1 | (2) 2 commissioners with at least 5 years of | ||||||
2 | experience serving as an attorney with the United States | ||||||
3 | Department of Justice; | ||||||
4 | (3) 3 commissioners with at least 5 years of | ||||||
5 | experience as a federal agent or employee with | ||||||
6 | investigative experience or duties related to criminal | ||||||
7 | justice under the United States Department of Justice, | ||||||
8 | Drug Enforcement Administration, Department of Homeland | ||||||
9 | Security, or Federal Bureau of Investigation; and | ||||||
10 | (4) one member with at least 5 years of experience as a | ||||||
11 | licensed physician or clinical psychologist with expertise | ||||||
12 | in the diagnosis and treatment of mental illness. | ||||||
13 | (b) The initial terms of the commissioners shall end on | ||||||
14 | January 12, 2015. Notwithstanding any provision in this | ||||||
15 | Section to the contrary, the term
of office of each | ||||||
16 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
17 | abolished on
the effective date of this amendatory Act of the | ||||||
18 | 102nd General Assembly. The terms of the commissioners | ||||||
19 | appointed on or after
the effective date of this amendatory | ||||||
20 | Act of the 102nd General Assembly shall be as follows: one of
| ||||||
21 | the initial members shall be appointed for a term of one year, | ||||||
22 | 3 shall be
appointed for terms of 2 years, and 3 shall be | ||||||
23 | appointed for terms of 4 years. Thereafter, the commissioners | ||||||
24 | shall hold office for 4 years, with terms expiring on the | ||||||
25 | second Monday in January of the fourth year. Commissioners may | ||||||
26 | be reappointed. Vacancies in the office of commissioner shall |
| |||||||
| |||||||
1 | be filled in the same manner as the original appointment, for | ||||||
2 | the remainder of the unexpired term. The Governor may remove a | ||||||
3 | commissioner for incompetence, neglect of duty, malfeasance, | ||||||
4 | or inability to serve. Commissioners shall receive | ||||||
5 | compensation in an amount equal to the compensation of members | ||||||
6 | of the Executive Ethics Commission and may be reimbursed for | ||||||
7 | reasonable expenses actually incurred in the performance of | ||||||
8 | their Board duties, from funds appropriated for that purpose. | ||||||
9 | (c) The Board shall meet at the call of the chairperson as | ||||||
10 | often as necessary to consider objections to applications for | ||||||
11 | a license under this Act. If necessary to ensure the | ||||||
12 | participation of a commissioner, the Board shall allow a | ||||||
13 | commissioner to participate in a Board meeting by electronic | ||||||
14 | communication. Any commissioner participating electronically | ||||||
15 | shall be deemed present for purposes of establishing a quorum | ||||||
16 | and voting. | ||||||
17 | (d) The Board shall adopt rules for the review of | ||||||
18 | objections and the conduct of hearings. The Board shall | ||||||
19 | maintain a record of its decisions and all materials | ||||||
20 | considered in making its decisions. All Board decisions and | ||||||
21 | voting records shall be kept confidential and all materials | ||||||
22 | considered by the Board shall be exempt from inspection except | ||||||
23 | upon order of a court. | ||||||
24 | (e) In considering an objection of a law enforcement | ||||||
25 | agency or the Department, the Board shall review the materials | ||||||
26 | received with the objection from the law enforcement agency or |
| |||||||
| |||||||
1 | the Department. By a vote of at least 4 commissioners, the | ||||||
2 | Board may request additional information from the law | ||||||
3 | enforcement agency, Department, or the applicant, or the | ||||||
4 | testimony of the law enforcement agency, Department, or the | ||||||
5 | applicant. The Board may require that the applicant submit | ||||||
6 | electronic fingerprints to the Department for an updated | ||||||
7 | background check where the Board determines it lacks | ||||||
8 | sufficient information to determine eligibility. The Board may | ||||||
9 | only consider information submitted by the Department, a law | ||||||
10 | enforcement agency, or the applicant. The Board shall review | ||||||
11 | each objection and determine by a majority of commissioners | ||||||
12 | whether an applicant is eligible for a license. | ||||||
13 | (f) The Board shall issue a decision within 30 days of | ||||||
14 | receipt of the objection from the Department. However, the | ||||||
15 | Board need not issue a decision within 30 days if: | ||||||
16 | (1) the Board requests information from the applicant, | ||||||
17 | including but not limited to electronic fingerprints to be | ||||||
18 | submitted to the Department, in accordance with subsection | ||||||
19 | (e) of this Section, in which case the Board shall make a | ||||||
20 | decision within 30 days of receipt of the required | ||||||
21 | information from the applicant; | ||||||
22 | (2) the applicant agrees, in writing, to allow the | ||||||
23 | Board additional time to consider an objection; or | ||||||
24 | (3) the Board notifies the applicant and the | ||||||
25 | Department that the Board needs an additional 30 days to | ||||||
26 | issue a decision. |
| |||||||
| |||||||
1 | (g) If the Board determines by a preponderance of the | ||||||
2 | evidence that the applicant poses a danger to himself or | ||||||
3 | herself or others, or is a threat to public safety, then the | ||||||
4 | Board shall affirm the objection of the law enforcement agency | ||||||
5 | or the Department and shall notify the Department that the | ||||||
6 | applicant is ineligible for a license. If the Board does not | ||||||
7 | determine by a preponderance of the evidence that the | ||||||
8 | applicant poses a danger to himself or herself or others, or is | ||||||
9 | a threat to public safety, then the Board shall notify the | ||||||
10 | Department that the applicant is eligible for a license. | ||||||
11 | (h) Meetings of the Board shall not be subject to the Open | ||||||
12 | Meetings Act and records of the Board shall not be subject to | ||||||
13 | the Freedom of Information Act. | ||||||
14 | (i) The Board shall report monthly to the Governor and the | ||||||
15 | General Assembly on the number of objections received and | ||||||
16 | provide details of the circumstances in which the Board has | ||||||
17 | determined to deny licensure based on law enforcement or | ||||||
18 | Department objections under Section 15 of this Act. The report | ||||||
19 | shall not contain any identifying information about the | ||||||
20 | applicants.
| ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
22 | (430 ILCS 66/30)
| ||||||
23 | Sec. 30. Contents of license application. | ||||||
24 | (a) The license application shall be in writing, under | ||||||
25 | penalty of perjury, on a standard form adopted by the |
| |||||||
| |||||||
1 | Department and shall be accompanied by the documentation | ||||||
2 | required in this Section and the applicable fee. Each | ||||||
3 | application form shall include the following statement printed | ||||||
4 | in bold type: "Warning: Entering false information on this | ||||||
5 | form is punishable as perjury under Section 32-2 of the | ||||||
6 | Criminal Code of 2012." | ||||||
7 | (b) The application shall contain the following: | ||||||
8 | (1) the applicant's name, current address, date and | ||||||
9 | year of birth, place of birth, height, weight, hair color, | ||||||
10 | eye color, maiden name or any other name the applicant has | ||||||
11 | used or identified with, and any address where the | ||||||
12 | applicant resided for more than 30 days within the 10 | ||||||
13 | years preceding the date of the license application; | ||||||
14 | (2) the applicant's valid driver's license number or | ||||||
15 | valid state identification card number; | ||||||
16 | (3) a waiver of the applicant's privacy and | ||||||
17 | confidentiality rights and privileges under all federal | ||||||
18 | and state laws, including those limiting access to | ||||||
19 | juvenile court, criminal justice, psychological, or | ||||||
20 | psychiatric records or records relating to any | ||||||
21 | institutionalization of the applicant, and an affirmative | ||||||
22 | request that a person having custody of any of these | ||||||
23 | records provide it or information concerning it to the | ||||||
24 | Department. The waiver only applies to records sought in | ||||||
25 | connection with determining whether the applicant | ||||||
26 | qualifies for a license to carry a concealed firearm under |
| |||||||
| |||||||
1 | this Act, or whether the applicant remains in compliance | ||||||
2 | with the Firearm Owners Identification Card Act; | ||||||
3 | (4) an affirmation that the applicant possesses a | ||||||
4 | currently valid Firearm Owner's Identification Card and | ||||||
5 | card number if possessed or notice the applicant is | ||||||
6 | applying for a Firearm Owner's Identification Card in | ||||||
7 | conjunction with the license application; | ||||||
8 | (5) an affirmation that the applicant has not been | ||||||
9 | convicted or found guilty of: | ||||||
10 | (A) a felony; | ||||||
11 | (B) a misdemeanor involving the use or threat of | ||||||
12 | physical force or violence to any person within the 5 | ||||||
13 | years preceding the date of the application; or | ||||||
14 | (C) 2 or more violations related to driving while | ||||||
15 | under the influence of alcohol, other drug or drugs, | ||||||
16 | intoxicating compound or compounds, or any combination | ||||||
17 | thereof, within the 5 years preceding the date of the | ||||||
18 | license application; and | ||||||
19 | (6) whether the applicant has failed a drug test for a | ||||||
20 | drug for which the applicant did not have a prescription, | ||||||
21 | within the previous year, and if so, the provider of the | ||||||
22 | test, the specific substance involved, and the date of the | ||||||
23 | test; | ||||||
24 | (7) written consent for the Department to review and | ||||||
25 | use the applicant's Illinois digital driver's license or | ||||||
26 | Illinois identification card photograph and signature; |
| |||||||
| |||||||
1 | (8) unless submitted under subsection (a-25) of | ||||||
2 | Section 4 of the Firearm Owners Identification Card Act, a | ||||||
3 | full set of fingerprints submitted to the Department in | ||||||
4 | electronic format, provided the Department may accept an | ||||||
5 | application submitted without a set of fingerprints in | ||||||
6 | which case the Department shall be granted 30 days in | ||||||
7 | addition to the 90 days provided under subsection (e) of | ||||||
8 | Section 10 of this Act to issue or deny a license; | ||||||
9 | (9) a head and shoulder color photograph in a size | ||||||
10 | specified by the Department taken within the 30 days | ||||||
11 | preceding the date of the license application; and | ||||||
12 | (10) a photocopy of any certificates or other evidence | ||||||
13 | of compliance with the training requirements under this | ||||||
14 | Act.
| ||||||
15 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
16 | (430 ILCS 66/50)
| ||||||
17 | Sec. 50. License renewal. | ||||||
18 | (a) This subsection (a) applies through the 180th day | ||||||
19 | following the effective date of this amendatory Act of the | ||||||
20 | 101st General Assembly. The Illinois State Police shall, 180 | ||||||
21 | days prior to the expiration of a concealed carry license | ||||||
22 | notify each person whose license is to expire a notification | ||||||
23 | of the expiration of the license and instructions for renewal. | ||||||
24 | Applications for renewal of a license shall be made to the | ||||||
25 | Department. A license shall be renewed for a period of 5 years |
| |||||||
| |||||||
1 | upon receipt of a completed renewal application, completion of | ||||||
2 | 3 hours of training required under Section 75 of this Act, | ||||||
3 | payment of the applicable renewal fee, and completion of an | ||||||
4 | investigation under Section 35 of this Act. The renewal | ||||||
5 | application shall contain the information required in Section | ||||||
6 | 30 of this Act, except that the applicant need not resubmit a | ||||||
7 | full set of fingerprints. | ||||||
8 | (b) This subsection (b) applies on and after the 181st day | ||||||
9 | following the effective date of this amendatory Act of the | ||||||
10 | 101st General Assembly. Applications for renewal of a license | ||||||
11 | shall be made to the Department. A license shall be renewed for | ||||||
12 | a period of 5 years from the date of expiration on the | ||||||
13 | applicant's current license upon the receipt of a completed | ||||||
14 | renewal application, completion of 3 hours of training | ||||||
15 | required under Section 75 of this Act, payment of the | ||||||
16 | applicable renewal fee, and completion of an investigation | ||||||
17 | under Section 35 of this Act. The renewal application shall | ||||||
18 | contain the information required in Section 30 of this Act, | ||||||
19 | except that the applicant need not resubmit a full set of | ||||||
20 | fingerprints.
| ||||||
21 | (Source: P.A. 101-80, eff. 7-12-19.) | ||||||
22 | (430 ILCS 66/55)
| ||||||
23 | Sec. 55. Change of address or name; lost, destroyed, or | ||||||
24 | stolen licenses. | ||||||
25 | (a) A licensee shall notify the Department within 30 days |
| |||||||
| |||||||
1 | of moving or changing residence or any change of name. The | ||||||
2 | licensee shall submit the requisite fee and the Department may | ||||||
3 | require a notarized statement that the licensee has
changed | ||||||
4 | his or her residence or his or her name, including the prior | ||||||
5 | and current address or name and the date the applicant moved or | ||||||
6 | changed his or her name. | ||||||
7 | (b) A licensee shall notify the Department within 10 days | ||||||
8 | of discovering that a license has been lost, destroyed, or | ||||||
9 | stolen. A lost, destroyed, or stolen license is invalid. To | ||||||
10 | request a replacement license, the licensee shall submit: | ||||||
11 | (1) a written or electronic acknowledgment notarized | ||||||
12 | statement that the licensee no longer possesses the | ||||||
13 | license, and that it was lost, destroyed, or stolen; | ||||||
14 | (2) if applicable, a copy of a police report stating | ||||||
15 | that the license was stolen; and | ||||||
16 | (3) the requisite fee. | ||||||
17 | (c) A violation of this Section is a petty offense with a | ||||||
18 | fine of $150 which shall be deposited into the Mental Health | ||||||
19 | Reporting Fund.
| ||||||
20 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
21 | (430 ILCS 66/66 new) | ||||||
22 | Sec. 66. Illinois State Police to monitor databases for | ||||||
23 | firearms prohibitors. The Illinois State Police shall | ||||||
24 | continuously monitor relevant State and federal databases for | ||||||
25 | firearms prohibitors and correlate those records with |
| |||||||
| |||||||
1 | concealed carry license holders to ensure compliance with this | ||||||
2 | Act and any other State and federal laws. As used in this | ||||||
3 | Section, "firearms prohibitor" means any factor listed in | ||||||
4 | Section 8 or Section 8.2 of the Firearm Owners Identification | ||||||
5 | Card Act or Section 24-3 or 24-3.1 of the Criminal Code of 2012 | ||||||
6 | that prohibits a person from transferring or possessing a | ||||||
7 | firearm, firearm ammunition, Firearm Owner's Identification | ||||||
8 | Card, or concealed carry license. | ||||||
9 | (430 ILCS 66/70) | ||||||
10 | Sec. 70. Violations. | ||||||
11 | (a) A license issued or renewed under this Act shall be | ||||||
12 | revoked if, at any time, the licensee is found to be ineligible | ||||||
13 | for a license under this Act or the licensee no longer meets | ||||||
14 | the eligibility requirements of the Firearm Owners | ||||||
15 | Identification Card Act. | ||||||
16 | (b) A license shall be suspended if an order of | ||||||
17 | protection, including an emergency order of protection, | ||||||
18 | plenary order of protection, or interim order of protection | ||||||
19 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
20 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
21 | firearms restraining order, including an emergency firearms | ||||||
22 | restraining order, under the Firearms Restraining Order Act, | ||||||
23 | is issued against a licensee for the duration of the order, or | ||||||
24 | if the Department is made aware of a similar order issued | ||||||
25 | against the licensee in any other jurisdiction. If an order of |
| |||||||
| |||||||
1 | protection is issued against a licensee, the licensee shall | ||||||
2 | surrender the license, as applicable, to the court at the time | ||||||
3 | the order is entered or to the law enforcement agency or entity | ||||||
4 | serving process at the time the licensee is served the order. | ||||||
5 | The court, law enforcement agency, or entity responsible for | ||||||
6 | serving the order of protection shall notify the Department | ||||||
7 | within 7 days and transmit the license to the Department. | ||||||
8 | (c) A license is invalid upon expiration of the license, | ||||||
9 | unless the licensee has submitted an application to renew the | ||||||
10 | license, and the applicant is otherwise eligible to possess a | ||||||
11 | license under this Act. | ||||||
12 | (d) A licensee shall not carry a concealed firearm while | ||||||
13 | under the influence of alcohol, other drug or drugs, | ||||||
14 | intoxicating compound or combination of compounds, or any | ||||||
15 | combination thereof, under the standards set forth in | ||||||
16 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
17 | A licensee in violation of this subsection (d) shall be | ||||||
18 | guilty of a Class A misdemeanor for a first or second violation | ||||||
19 | and a Class 4 felony for a third violation. The Department may | ||||||
20 | suspend a license for up to 6 months for a second violation and | ||||||
21 | shall permanently revoke a license for a third violation. | ||||||
22 | (e) Except as otherwise provided, a licensee in violation | ||||||
23 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
24 | or subsequent violation is a Class A misdemeanor. The | ||||||
25 | Department may suspend a license for up to 6 months for a | ||||||
26 | second violation and shall permanently revoke a license for 3 |
| |||||||
| |||||||
1 | or more violations of Section 65 of this Act. Any person | ||||||
2 | convicted of a violation under this Section shall pay a $150 | ||||||
3 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
4 | plus any applicable court costs or fees. | ||||||
5 | (f) A licensee convicted or found guilty of a violation of | ||||||
6 | this Act who has a valid license and is otherwise eligible to | ||||||
7 | carry a concealed firearm shall only be subject to the | ||||||
8 | penalties under this Section and shall not be subject to the | ||||||
9 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
10 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
11 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
12 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
13 | subsection, nothing in this subsection prohibits the licensee | ||||||
14 | from being subjected to penalties for violations other than | ||||||
15 | those specified in this Act. | ||||||
16 | (g) A licensee whose license is revoked, suspended, or | ||||||
17 | denied shall, within 48 hours of receiving notice of the | ||||||
18 | revocation, suspension, or denial, surrender his or her | ||||||
19 | concealed carry license to the local law enforcement agency | ||||||
20 | where the person resides. The local law enforcement agency | ||||||
21 | shall provide the licensee a receipt and transmit the | ||||||
22 | concealed carry license to the Department of State Police. If | ||||||
23 | the licensee whose concealed carry license has been revoked, | ||||||
24 | suspended, or denied fails to comply with the requirements of | ||||||
25 | this subsection, the law enforcement agency where the person | ||||||
26 | resides may petition the circuit court to issue a warrant to |
| |||||||
| |||||||
1 | search for and seize the concealed carry license in the | ||||||
2 | possession and under the custody or control of the licensee | ||||||
3 | whose concealed carry license has been revoked, suspended, or | ||||||
4 | denied. The observation of a concealed carry license in the | ||||||
5 | possession of a person whose license has been revoked, | ||||||
6 | suspended, or denied constitutes a sufficient basis for the | ||||||
7 | arrest of that person for violation of this subsection. A | ||||||
8 | violation of this subsection is a Class A misdemeanor. | ||||||
9 | (h) Except as otherwise provided in subsection (h-5), a A | ||||||
10 | license issued or renewed under this Act shall be revoked if, | ||||||
11 | at any time, the licensee is found ineligible for a Firearm | ||||||
12 | Owner's Identification Card, or the licensee no longer | ||||||
13 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
14 | Firearm Owner's Identification Card is expired or suspended | ||||||
15 | rather than denied or revoked, the license may be suspended | ||||||
16 | for a period of up to one year to allow the licensee to | ||||||
17 | reinstate his or her Firearm Owner's Identification Card. The | ||||||
18 | Illinois State Police shall adopt rules to enforce this | ||||||
19 | subsection. A licensee whose license is revoked under this | ||||||
20 | subsection (h) shall surrender his or her concealed carry | ||||||
21 | license as provided for in subsection (g) of this Section. | ||||||
22 | This subsection shall not apply to a person who has filed | ||||||
23 | an application with the State Police for renewal of a Firearm
| ||||||
24 | Owner's Identification Card and who is not otherwise | ||||||
25 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
26 | (h-5) If the Firearm Owner's Identification Card of a
|
| |||||||
| |||||||
1 | licensee under this Act expires during the term of the license
| ||||||
2 | issued under this Act, the license and the Firearm Owner's
| ||||||
3 | Identification Card remain valid, and the Illinois State | ||||||
4 | Police
may automatically renew the licensee's Firearm Owner's
| ||||||
5 | Identification Card as provided in subsection (c) of Section 5
| ||||||
6 | of the Firearm Owners Identification Card Act. | ||||||
7 | (i) A certified firearms instructor who knowingly provides | ||||||
8 | or offers to provide a false certification that an applicant | ||||||
9 | has completed firearms training as required under this Act is | ||||||
10 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
11 | of this subsection (i) is not eligible for court supervision. | ||||||
12 | The Department shall permanently revoke the firearms | ||||||
13 | instructor certification of a person convicted under this | ||||||
14 | subsection (i). | ||||||
15 | (Source: P.A. 100-607, eff. 1-1-19 .) | ||||||
16 | Section 26. The Firearms Restraining Order Act is amended | ||||||
17 | by changing Sections 35 and 40 as follows: | ||||||
18 | (430 ILCS 67/35)
| ||||||
19 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
20 | (a) A petitioner may request an emergency firearms | ||||||
21 | restraining order by filing an affidavit or verified pleading | ||||||
22 | alleging that the respondent poses an immediate and present | ||||||
23 | danger of causing personal injury to himself, herself, or | ||||||
24 | another by having in his or her custody or control, |
| |||||||
| |||||||
1 | purchasing, possessing, or receiving a firearm. The petition | ||||||
2 | shall also describe the type and location of any firearm or | ||||||
3 | firearms presently believed by the petitioner to be possessed | ||||||
4 | or controlled by the respondent.
| ||||||
5 | (b) If the respondent is alleged to pose an immediate and | ||||||
6 | present danger of causing personal injury to an intimate | ||||||
7 | partner, or an intimate partner is alleged to have been the | ||||||
8 | target of a threat or act of violence by the respondent, the | ||||||
9 | petitioner shall make a good faith effort to provide notice to | ||||||
10 | any and all intimate partners of the respondent. The notice | ||||||
11 | must include that the petitioner intends to petition the court | ||||||
12 | for an emergency firearms restraining order, and, if the | ||||||
13 | petitioner is a law enforcement officer, referral to relevant | ||||||
14 | domestic violence or stalking advocacy or counseling | ||||||
15 | resources, if appropriate. The petitioner shall attest to | ||||||
16 | having provided the notice in the filed affidavit or verified | ||||||
17 | pleading. If, after making a good faith effort, the petitioner | ||||||
18 | is unable to provide notice to any or all intimate partners, | ||||||
19 | the affidavit or verified pleading should describe what | ||||||
20 | efforts were made. | ||||||
21 | (c) Every person who files a petition for an emergency | ||||||
22 | firearms restraining order, knowing the information provided | ||||||
23 | to the court at any hearing or in the affidavit or verified | ||||||
24 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
25 | of the Criminal Code of 2012.
| ||||||
26 | (d) An emergency firearms restraining order shall be |
| |||||||
| |||||||
1 | issued on an ex parte basis, that is, without notice to the | ||||||
2 | respondent.
| ||||||
3 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
4 | held the same day that the petition is filed or the next day | ||||||
5 | that the court is in session.
| ||||||
6 | (f) If a circuit or associate judge finds probable cause | ||||||
7 | to believe that the respondent poses an immediate and present | ||||||
8 | danger of causing personal injury to himself, herself, or | ||||||
9 | another by having in his or her custody or control, | ||||||
10 | purchasing, possessing, or receiving a firearm, the circuit or | ||||||
11 | associate judge shall issue an emergency order.
| ||||||
12 | (f-5) If the court issues an emergency firearms | ||||||
13 | restraining order, it shall, upon a finding of probable cause | ||||||
14 | that the respondent possesses firearms, issue a search warrant | ||||||
15 | directing a law enforcement agency to seize the respondent's | ||||||
16 | firearms. The court may, as part of that warrant, direct the | ||||||
17 | law enforcement agency to search the respondent's residence | ||||||
18 | and other places where the court finds there is probable cause | ||||||
19 | to believe he or she is likely to possess the firearms. | ||||||
20 | (g) An emergency firearms restraining order shall require:
| ||||||
21 | (1) the respondent to refrain from having in his or | ||||||
22 | her custody or control, purchasing, possessing, or | ||||||
23 | receiving additional firearms for the duration of the | ||||||
24 | order under Section 8.2 of the Firearm Owners | ||||||
25 | Identification Card Act ;
and | ||||||
26 | (2) the respondent to comply with Section 9.5 of the |
| |||||||
| |||||||
1 | Firearm Owners Identification Card Act turn over to the | ||||||
2 | local law enforcement agency any Firearm Owner's | ||||||
3 | Identification Card and subsection (g) of Section 70 of | ||||||
4 | the Firearm Concealed Carry Act concealed carry license in | ||||||
5 | his or her possession. The local law enforcement agency | ||||||
6 | shall immediately mail the card and concealed carry | ||||||
7 | license to the Department of State Police Firearm Services | ||||||
8 | Bureau for safekeeping. The firearm or firearms and | ||||||
9 | Firearm Owner's Identification Card and concealed carry | ||||||
10 | license, if unexpired, shall be returned to the respondent | ||||||
11 | after the firearms restraining order is terminated or | ||||||
12 | expired . | ||||||
13 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
14 | this Section, upon expiration of the period of safekeeping, if | ||||||
15 | the firearms or Firearm Owner's Identification Card and | ||||||
16 | concealed carry license cannot be returned to the respondent | ||||||
17 | because the respondent cannot be located, fails to respond to | ||||||
18 | requests to retrieve the firearms, or is not lawfully eligible | ||||||
19 | to possess a firearm, upon petition from the local law | ||||||
20 | enforcement agency, the court may order the local law | ||||||
21 | enforcement agency to destroy the firearms, use the firearms | ||||||
22 | for training purposes, or use the firearms for any other | ||||||
23 | application as deemed appropriate by the local law enforcement | ||||||
24 | agency.
| ||||||
25 | (h-5) On or before January 1, 2022, a A respondent whose | ||||||
26 | Firearm Owner's Identification Card has been revoked or |
| |||||||
| |||||||
1 | suspended may petition the court, if the petitioner is present | ||||||
2 | in court or has notice of the respondent's petition, to | ||||||
3 | transfer the respondent's firearm to a person who is lawfully | ||||||
4 | able to possess the firearm if the person does not reside at | ||||||
5 | the same address as the respondent. Notice of the petition | ||||||
6 | shall be served upon the person protected by the emergency | ||||||
7 | firearms restraining order. While the order is in effect, the | ||||||
8 | transferee who receives the respondent's firearms must swear | ||||||
9 | or affirm by affidavit that he or she shall not transfer the | ||||||
10 | firearm to the respondent or to anyone residing in the same | ||||||
11 | residence as the respondent. | ||||||
12 | (h-6) If a person other than the respondent claims title | ||||||
13 | to any firearms surrendered under this Section, he or she may | ||||||
14 | petition the court, if the petitioner is present in court or | ||||||
15 | has notice of the petition, to have the firearm returned to him | ||||||
16 | or her. If the court determines that person to be the lawful | ||||||
17 | owner of the firearm, the firearm shall be returned to him or | ||||||
18 | her, provided that: | ||||||
19 | (1) the firearm is removed from the respondent's | ||||||
20 | custody, control, or possession and the lawful owner | ||||||
21 | agrees to store the firearm in a manner such that the | ||||||
22 | respondent does not have access to or control of the | ||||||
23 | firearm; and | ||||||
24 | (2) the firearm is not otherwise unlawfully possessed | ||||||
25 | by the owner. | ||||||
26 | The person petitioning for the return of his or her |
| |||||||
| |||||||
1 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
2 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
3 | firearm to the respondent; and (iii) will store the firearm in | ||||||
4 | a manner that the respondent does not have access to or control | ||||||
5 | of the firearm. | ||||||
6 | (i) In accordance with subsection (e) of this Section, the | ||||||
7 | court shall schedule a full hearing as soon as possible, but no | ||||||
8 | longer than 14 days from the issuance of an ex parte firearms | ||||||
9 | restraining order, to determine if a 6-month firearms | ||||||
10 | restraining order shall be issued. The court may extend an ex | ||||||
11 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
12 | service of the order or if necessary to continue protection. | ||||||
13 | The court may extend the order for a greater length of time by | ||||||
14 | mutual agreement of the parties.
| ||||||
15 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
16 | (430 ILCS 67/40)
| ||||||
17 | Sec. 40. Six-month orders.
| ||||||
18 | (a) A petitioner may request a 6-month firearms | ||||||
19 | restraining order by filing an affidavit or verified pleading | ||||||
20 | alleging that the respondent poses a significant danger of | ||||||
21 | causing personal injury to himself, herself, or another in the | ||||||
22 | near future by having in his or her custody or control, | ||||||
23 | purchasing, possessing, or receiving a firearm. The petition | ||||||
24 | shall also describe the number, types, and locations of any | ||||||
25 | firearms presently believed by the petitioner to be possessed |
| |||||||
| |||||||
1 | or controlled by the respondent.
| ||||||
2 | (b) If the respondent is alleged to pose a significant | ||||||
3 | danger of causing personal injury to an intimate partner, or | ||||||
4 | an intimate partner is alleged to have been the target of a | ||||||
5 | threat or act of violence by the respondent, the petitioner | ||||||
6 | shall make a good faith effort to provide notice to any and all | ||||||
7 | intimate partners of the respondent. The notice must include | ||||||
8 | that the petitioner intends to petition the court for a | ||||||
9 | 6-month firearms restraining order, and, if the petitioner is | ||||||
10 | a law enforcement officer, referral to relevant domestic | ||||||
11 | violence or stalking advocacy or counseling resources, if | ||||||
12 | appropriate. The petitioner shall attest to having provided | ||||||
13 | the notice in the filed affidavit or verified pleading. If, | ||||||
14 | after making a good faith effort, the petitioner is unable to | ||||||
15 | provide notice to any or all intimate partners, the affidavit | ||||||
16 | or verified pleading should describe what efforts were made. | ||||||
17 | (c) Every person who files a petition for a 6-month | ||||||
18 | firearms restraining order, knowing the information provided | ||||||
19 | to the court at any hearing or in the affidavit or verified | ||||||
20 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
21 | of the Criminal Code of 2012.
| ||||||
22 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
23 | restraining order, the court shall order a hearing within 30 | ||||||
24 | days.
| ||||||
25 | (e) In determining whether to issue a firearms restraining | ||||||
26 | order under this Section, the court shall consider evidence |
| |||||||
| |||||||
1 | including, but not limited to, the following:
| ||||||
2 | (1) The unlawful and reckless use, display, or | ||||||
3 | brandishing of a firearm by the respondent.
| ||||||
4 | (2) The history of use, attempted use, or threatened | ||||||
5 | use of physical force by the respondent against another | ||||||
6 | person.
| ||||||
7 | (3) Any prior arrest of the respondent for a felony | ||||||
8 | offense. | ||||||
9 | (4) Evidence of the abuse of controlled substances or | ||||||
10 | alcohol by the respondent. | ||||||
11 | (5) A recent threat of violence or act of violence by | ||||||
12 | the respondent directed toward himself, herself, or | ||||||
13 | another. | ||||||
14 | (6) A violation of an emergency order of protection | ||||||
15 | issued under Section 217 of the Illinois Domestic Violence | ||||||
16 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
17 | Procedure of 1963 or of an order of protection issued | ||||||
18 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
19 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
20 | of 1963.
| ||||||
21 | (7) A pattern of violent acts or violent threats, | ||||||
22 | including, but not limited to, threats of violence or acts | ||||||
23 | of violence by the respondent directed toward himself, | ||||||
24 | herself, or another. | ||||||
25 | (f) At the hearing, the petitioner shall have the burden | ||||||
26 | of proving, by clear and convincing evidence, that the |
| |||||||
| |||||||
1 | respondent poses a significant danger of personal injury to | ||||||
2 | himself, herself, or another by having in his or her custody or | ||||||
3 | control, purchasing, possessing, or receiving a firearm. | ||||||
4 | (g) If the court finds that there is clear and convincing | ||||||
5 | evidence to issue a firearms restraining order, the court | ||||||
6 | shall issue a firearms restraining order that shall be in | ||||||
7 | effect for 6 months subject to renewal under Section 45 of this | ||||||
8 | Act or termination under that Section. | ||||||
9 | (g-5) If the court issues a 6-month firearms restraining | ||||||
10 | order, it shall, upon a finding of probable cause that the | ||||||
11 | respondent possesses firearms, issue a search warrant | ||||||
12 | directing a law enforcement agency to seize the respondent's | ||||||
13 | firearms. The court may, as part of that warrant, direct the | ||||||
14 | law enforcement agency to search the respondent's residence | ||||||
15 | and other places where the court finds there is probable cause | ||||||
16 | to believe he or she is likely to possess the firearms. | ||||||
17 | (h) A 6-month firearms restraining order shall require: | ||||||
18 | (1) the respondent to refrain from having in his or | ||||||
19 | her custody or control, purchasing, possessing, or | ||||||
20 | receiving additional firearms for the duration of the | ||||||
21 | order under Section 8.2 of the Firearm Owners | ||||||
22 | Identification Card Act ; and | ||||||
23 | (2) the respondent to comply with Section 9.5 of the | ||||||
24 | Firearm Owners Identification Card Act and subsection (g) | ||||||
25 | of Section 70 of the Firearm Concealed Carry Act turn over | ||||||
26 | to the local law enforcement agency any firearm or Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card and concealed carry license in | ||||||
2 | his or her possession . The local law enforcement agency | ||||||
3 | shall immediately mail the card and concealed carry | ||||||
4 | license to the Department of State Police Firearm Services | ||||||
5 | Bureau for safekeeping. The firearm or firearms and | ||||||
6 | Firearm Owner's Identification Card and concealed carry | ||||||
7 | license, if unexpired, shall be returned to the respondent | ||||||
8 | after the firearms restraining order is terminated or | ||||||
9 | expired. | ||||||
10 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
11 | this Section, upon expiration of the period of safekeeping, if | ||||||
12 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
13 | returned to the respondent because the respondent cannot be | ||||||
14 | located, fails to respond to requests to retrieve the | ||||||
15 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
16 | upon petition from the local law enforcement agency, the court | ||||||
17 | may order the local law enforcement agency to destroy the | ||||||
18 | firearms, use the firearms for training purposes, or use the | ||||||
19 | firearms for any other application as deemed appropriate by | ||||||
20 | the local law enforcement agency. | ||||||
21 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
22 | Card has been revoked or suspended may petition the court, if | ||||||
23 | the petitioner is present in court or has notice of the | ||||||
24 | respondent's petition, to transfer the respondent's firearm to | ||||||
25 | a person who is lawfully able to possess the firearm if the | ||||||
26 | person does not reside at the same address as the respondent. |
| |||||||
| |||||||
1 | Notice of the petition shall be served upon the person | ||||||
2 | protected by the emergency firearms restraining order. While | ||||||
3 | the order is in effect, the transferee who receives the | ||||||
4 | respondent's firearms must swear or affirm by affidavit that | ||||||
5 | he or she shall not transfer the firearm to the respondent or | ||||||
6 | to anyone residing in the same residence as the respondent. | ||||||
7 | (i-6) If a person other than the respondent claims title | ||||||
8 | to any firearms surrendered under this Section, he or she may | ||||||
9 | petition the court, if the petitioner is present in court or | ||||||
10 | has notice of the petition, to have the firearm returned to him | ||||||
11 | or her. If the court determines that person to be the lawful | ||||||
12 | owner of the firearm, the firearm shall be returned to him or | ||||||
13 | her, provided that: | ||||||
14 | (1) the firearm is removed from the respondent's | ||||||
15 | custody, control, or possession and the lawful owner | ||||||
16 | agrees to store the firearm in a manner such that the | ||||||
17 | respondent does not have access to or control of the | ||||||
18 | firearm; and | ||||||
19 | (2) the firearm is not otherwise unlawfully possessed | ||||||
20 | by the owner. | ||||||
21 | The person petitioning for the return of his or her | ||||||
22 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
23 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
24 | firearm to the respondent; and (iii) will store the firearm in | ||||||
25 | a manner that the respondent does not have access to or control | ||||||
26 | of the firearm. |
| |||||||
| |||||||
1 | (j) If the court does not issue a firearms restraining | ||||||
2 | order at the hearing, the court shall dissolve any emergency | ||||||
3 | firearms restraining order then in effect. | ||||||
4 | (k) When the court issues a firearms restraining order | ||||||
5 | under this Section, the court shall inform the respondent that | ||||||
6 | he or she is entitled to one hearing during the period of the | ||||||
7 | order to request a termination of the order, under Section 45 | ||||||
8 | of this Act, and shall provide the respondent with a form to | ||||||
9 | request a hearing.
| ||||||
10 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
11 | Section 27. The Wildlife Code is amended by changing | ||||||
12 | Sections 2.11, 2.26, 2.33, and 2.34 as follows:
| ||||||
13 | (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
| ||||||
14 | Sec. 2.11. Before any person may lawfully hunt wild | ||||||
15 | turkey, he shall first
obtain a "Wild Turkey Hunting Permit" | ||||||
16 | in accordance with the prescribed
regulations set forth in an | ||||||
17 | administrative rule of the Department. The
fee for a Resident | ||||||
18 | Wild Turkey Hunting Permit shall not exceed $15.
| ||||||
19 | Upon submitting suitable evidence of legal residence in | ||||||
20 | any other state,
non-residents shall be charged a fee not to | ||||||
21 | exceed $125 for wild
turkey hunting
permits.
| ||||||
22 | The Department may by administrative rule allocate and | ||||||
23 | issue non-resident
Wild Turkey Permits and establish fees for | ||||||
24 | such permits.
|
| |||||||
| |||||||
1 | It shall be unlawful to take wild turkey except by use of a | ||||||
2 | bow and arrow
or a shotgun of not larger than 10 nor smaller | ||||||
3 | than 20 gauge with shot
size not larger than No. 4, and no | ||||||
4 | person while attempting to so take
wild turkey may have in his | ||||||
5 | possession any other gun unless in accordance with the Firearm | ||||||
6 | Concealed Carry Act .
| ||||||
7 | It shall be unlawful to take, or attempt to take wild | ||||||
8 | turkey except
during the time from 1/2 hour before sunrise to | ||||||
9 | 1/2 hour after sunset or during
such lesser period of time as | ||||||
10 | may be specified by administrative rule,
during those days for | ||||||
11 | which an open season is established.
| ||||||
12 | It shall be unlawful for any person to take, or attempt to | ||||||
13 | take, wild
turkey by use of dogs, horses, automobiles, | ||||||
14 | aircraft or other vehicles,
or conveyances, or by the use or | ||||||
15 | aid of bait or baiting of any kind. For the purposes of this | ||||||
16 | Section, "bait" means any material, whether liquid or solid, | ||||||
17 | including food, salt, minerals, and other products, except | ||||||
18 | pure water, that can be ingested, placed, or scattered in such | ||||||
19 | a manner as to attract or lure wild turkeys. "Baiting" means | ||||||
20 | the placement or scattering of bait to attract wild turkeys. | ||||||
21 | An area is considered as baited during the presence of and for | ||||||
22 | 10 consecutive days following the removal of the bait.
| ||||||
23 | It is unlawful for any person to take in Illinois or have | ||||||
24 | in his possession
more than one wild turkey per valid permit.
| ||||||
25 | For the purposes of calculating acreage under this | ||||||
26 | Section, the Department shall, after determining the total |
| |||||||
| |||||||
1 | acreage of the applicable tract or tracts of land, round | ||||||
2 | remaining fractional portions of an acre greater than or equal | ||||||
3 | to half of an acre up to the next whole acre. | ||||||
4 | For the purposes of taking wild turkey, nothing in this | ||||||
5 | Section shall be construed to prevent the manipulation, | ||||||
6 | including mowing or cutting, of standing crops as a normal | ||||||
7 | agricultural or soil stabilization practice, food plots, or | ||||||
8 | normal agricultural practices, including planting, harvesting, | ||||||
9 | and maintenance such as cultivating. Such manipulation for the | ||||||
10 | purpose of taking wild turkey may be further modified by | ||||||
11 | administrative rule. | ||||||
12 | (Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17 .)
| ||||||
13 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| ||||||
14 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
15 | take deer shall first obtain a "Deer
Hunting Permit" issued by | ||||||
16 | the Department in accordance with its administrative rules.
| ||||||
17 | Those rules must provide for the issuance of the following | ||||||
18 | types of resident deer archery permits: (i) a combination | ||||||
19 | permit, consisting of one either-sex permit and one | ||||||
20 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
21 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
22 | Hunting Permit to take deer with either bow and arrow or gun
| ||||||
23 | shall not exceed $25.00 for residents of the State. The | ||||||
24 | Department may by
administrative rule provide for non-resident | ||||||
25 | deer hunting permits for which the
fee will not exceed $300 in |
| |||||||
| |||||||
1 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
2 | provided below for non-resident landowners
and non-resident | ||||||
3 | archery hunters. The Department may by
administrative rule | ||||||
4 | provide for a non-resident archery deer permit consisting
of | ||||||
5 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
6 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
7 | fees for a youth resident and non-resident archery deer permit | ||||||
8 | shall be the same.
| ||||||
9 | The Department shall create a pilot program during the | ||||||
10 | special 3-day, youth-only deer hunting season to allow for | ||||||
11 | youth deer hunting permits that are valid statewide, excluding | ||||||
12 | those counties or portions of counties closed to firearm deer | ||||||
13 | hunting. The Department shall adopt rules to implement the | ||||||
14 | pilot program. Nothing in this paragraph shall be construed to | ||||||
15 | prohibit the Department from issuing Special Hunt Area Permits | ||||||
16 | for the youth-only deer hunting season or establishing, | ||||||
17 | through administrative rule, additional requirements | ||||||
18 | pertaining to the youth-only deer hunting season on | ||||||
19 | Department-owned or Department-managed sites, including | ||||||
20 | site-specific quotas or drawings. The provisions of this | ||||||
21 | paragraph are inoperative on and after January 1, 2023. | ||||||
22 | The standards and specifications for use of guns and bow | ||||||
23 | and arrow for
deer hunting shall be established by | ||||||
24 | administrative rule.
| ||||||
25 | No person may have in his or her possession any firearm not | ||||||
26 | authorized by
administrative rule for a specific hunting |
| |||||||
| |||||||
1 | season when taking deer unless in accordance with the Firearm | ||||||
2 | Concealed Carry Act .
| ||||||
3 | Persons having a firearm deer hunting permit shall be | ||||||
4 | permitted to
take deer only during the period from 1/2 hour | ||||||
5 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
6 | days for which an open season is
established for the taking of | ||||||
7 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| ||||||
8 | Persons having an archery deer hunting permit shall be | ||||||
9 | permitted to
take deer only during the period from 1/2 hour | ||||||
10 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
11 | days for which an open season is
established for the taking of | ||||||
12 | deer by use of bow and arrow.
| ||||||
13 | It shall be unlawful for any person to take deer by use of | ||||||
14 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
15 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
16 | of this Section, "bait" means any material, whether liquid or | ||||||
17 | solid, including food, salt, minerals, and other products, | ||||||
18 | except pure water, that can be ingested, placed, or scattered | ||||||
19 | in such a manner as to attract or lure white-tailed deer. | ||||||
20 | "Baiting" means the placement or scattering of bait to attract | ||||||
21 | deer. An area is considered as baited during the presence
of | ||||||
22 | and for 10 consecutive days following the removal of bait. | ||||||
23 | Nothing in this Section shall prohibit the use of a dog to | ||||||
24 | track wounded deer. Any person using a dog for tracking | ||||||
25 | wounded deer must maintain physical control of the dog at all | ||||||
26 | times by means of a maximum 50 foot lead attached to the dog's |
| |||||||
| |||||||
1 | collar or harness. Tracking wounded deer is permissible at | ||||||
2 | night, but at no time outside of legal deer hunting hours or | ||||||
3 | seasons shall any person handling or accompanying a dog being | ||||||
4 | used for tracking wounded deer be in possession of any firearm | ||||||
5 | or archery device. Persons tracking wounded deer with a dog | ||||||
6 | during the firearm deer seasons shall wear blaze orange or | ||||||
7 | solid blaze pink color as required. Dog handlers tracking | ||||||
8 | wounded deer with a dog are exempt from hunting license and | ||||||
9 | deer permit requirements so long as they are accompanied by | ||||||
10 | the licensed deer hunter who wounded the deer.
| ||||||
11 | It shall be unlawful to possess or transport any wild deer | ||||||
12 | which has
been injured or killed in any manner upon a public | ||||||
13 | highway or public
right-of-way of this State unless exempted | ||||||
14 | by administrative rule.
| ||||||
15 | Persons hunting deer must have gun unloaded and no bow and | ||||||
16 | arrow
device shall be carried with the arrow in the nocked | ||||||
17 | position during
hours when deer hunting is unlawful.
| ||||||
18 | It shall be unlawful for any person, having taken the | ||||||
19 | legal limit of
deer by gun, to further participate with gun in | ||||||
20 | any deer hunting party.
| ||||||
21 | It shall be unlawful for any person, having taken the | ||||||
22 | legal limit
of deer by bow and arrow, to further participate | ||||||
23 | with bow and arrow in any
deer hunting party.
| ||||||
24 | The Department may prohibit upland game hunting during the | ||||||
25 | gun deer
season by administrative rule.
| ||||||
26 | The Department shall not limit the number of non-resident, |
| |||||||
| |||||||
1 | either-sex archery deer hunting permits to less than 20,000.
| ||||||
2 | Any person who violates any of the provisions of this | ||||||
3 | Section,
including administrative rules, shall be guilty of a | ||||||
4 | Class B misdemeanor.
| ||||||
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 white-tailed deer, nothing in | ||||||
11 | this 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 or the use of products | ||||||
16 | designed for scent only and not capable of ingestion, solid or | ||||||
17 | liquid, placed or scattered, in such a manner as to attract or | ||||||
18 | lure deer. Such manipulation for the purpose of taking | ||||||
19 | white-tailed deer may be further modified by administrative | ||||||
20 | rule. | ||||||
21 | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | ||||||
22 | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20 .)
| ||||||
23 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
| ||||||
24 | Sec. 2.33. Prohibitions.
| ||||||
25 | (a) It is unlawful to carry or possess any gun in any
State |
| |||||||
| |||||||
1 | refuge unless otherwise permitted by administrative rule.
| ||||||
2 | (b) It is unlawful to use or possess any snare or | ||||||
3 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
4 | species, except that snares not
powered by springs or other | ||||||
5 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
6 | water sets only, if at least one-half of the snare
noose is | ||||||
7 | located underwater at all times.
| ||||||
8 | (c) It is unlawful for any person at any time to take a | ||||||
9 | wild mammal
protected by this Act from its den by means of any | ||||||
10 | mechanical device,
spade, or digging device or to use smoke or | ||||||
11 | other gases to dislodge or
remove such mammal except as | ||||||
12 | provided in Section 2.37.
| ||||||
13 | (d) It is unlawful to use a ferret or any other small | ||||||
14 | mammal which is
used in the same or similar manner for which | ||||||
15 | ferrets are used for the
purpose of frightening or driving any | ||||||
16 | mammals from their dens or hiding places.
| ||||||
17 | (e) (Blank).
| ||||||
18 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
19 | device to
take any species protected by this Act.
| ||||||
20 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
21 | for the
purpose of taking any species protected by this Act.
| ||||||
22 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
23 | grass,
brush or other inflammable substance when it is | ||||||
24 | burning.
| ||||||
25 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
26 | or disturb
in any manner any wild birds or mammals by use or |
| |||||||
| |||||||
1 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
2 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
3 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
4 | any light from or any light connected to the
vehicle or | ||||||
5 | conveyance in any area where wildlife may be found except in
| ||||||
6 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
7 | this
Section shall prohibit the normal use of headlamps for | ||||||
8 | the purpose of driving
upon a roadway. Striped skunk, opossum, | ||||||
9 | red fox, gray
fox, raccoon, bobcat, and coyote may be taken | ||||||
10 | during the open season by use of a small
light which is worn on | ||||||
11 | the body or hand-held by a person on foot and not in any
| ||||||
12 | vehicle.
| ||||||
13 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
14 | while
taking or attempting to take any of the species | ||||||
15 | protected by this Act.
| ||||||
16 | (k) It is unlawful to use or possess in the field any | ||||||
17 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
18 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
19 | species of wild game mammals (excluding white-tailed
deer), | ||||||
20 | wild game birds, migratory waterfowl or migratory game birds | ||||||
21 | protected
by this Act, except white-tailed deer as provided | ||||||
22 | for in Section 2.26 and other
species as provided for by | ||||||
23 | subsection (l) or administrative rule.
| ||||||
24 | (l) It is unlawful to take any species of wild game, except
| ||||||
25 | white-tailed deer and fur-bearing mammals, with a shotgun | ||||||
26 | loaded with slugs unless otherwise
provided for by |
| |||||||
| |||||||
1 | administrative rule.
| ||||||
2 | (m) It is unlawful to use any shotgun capable of holding | ||||||
3 | more than 3
shells in the magazine or chamber combined, except | ||||||
4 | on game breeding and
hunting preserve areas licensed under | ||||||
5 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
6 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
7 | capable of holding more than 3 shells, it shall, while being | ||||||
8 | used on an
area other than a game breeding and shooting | ||||||
9 | preserve area licensed
pursuant to Section 3.27, be fitted | ||||||
10 | with a one piece plug that is
irremovable without dismantling | ||||||
11 | the shotgun or otherwise altered to
render it incapable of | ||||||
12 | holding more than 3 shells in the magazine and
chamber, | ||||||
13 | combined.
| ||||||
14 | (n) It is unlawful for any person, except persons who | ||||||
15 | possess a permit to
hunt from a vehicle as provided in this | ||||||
16 | Section and persons otherwise permitted
by law, to have or | ||||||
17 | carry any gun in or on any vehicle, conveyance or aircraft,
| ||||||
18 | unless such gun is unloaded and enclosed in a case, except that | ||||||
19 | at field trials
authorized by Section 2.34 of this Act, | ||||||
20 | unloaded guns or guns loaded with blank
cartridges only, may | ||||||
21 | be carried on horseback while not contained in a case, or
to | ||||||
22 | have or carry any bow or arrow device in or on any vehicle | ||||||
23 | unless such bow
or arrow device is unstrung or enclosed in a | ||||||
24 | case, or otherwise made
inoperable unless in accordance with | ||||||
25 | the Firearm Concealed Carry Act .
| ||||||
26 | (o) (Blank).
|
| |||||||
| |||||||
1 | (p) It is unlawful to take game birds, migratory game | ||||||
2 | birds or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
3 | airgun.
| ||||||
4 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
5 | airgun on,
over or into any waters of this State, including | ||||||
6 | frozen waters.
| ||||||
7 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
8 | device
along, upon, across, or from any public right-of-way or | ||||||
9 | highway in this State.
| ||||||
10 | (s) It is unlawful to use a silencer or other device to | ||||||
11 | muffle or
mute the sound of the explosion or report resulting | ||||||
12 | from the firing of
any gun.
| ||||||
13 | (t) It is unlawful for any person to take or attempt to | ||||||
14 | take any species of wildlife or parts thereof, intentionally | ||||||
15 | or wantonly allow a dog to
hunt, within or upon the land of | ||||||
16 | another, or upon waters flowing over or
standing on the land of | ||||||
17 | another, or to knowingly shoot a gun or bow and arrow device at | ||||||
18 | any wildlife physically on or flying over the property of | ||||||
19 | another without first obtaining permission from
the owner or | ||||||
20 | the owner's designee. For the purposes of this Section, the | ||||||
21 | owner's designee means anyone who the owner designates in a | ||||||
22 | written authorization and the authorization must contain (i) | ||||||
23 | the legal or common description of property for such authority | ||||||
24 | is given, (ii) the extent that the owner's designee is | ||||||
25 | authorized to make decisions regarding who is allowed to take | ||||||
26 | or attempt to take any species of wildlife or parts thereof, |
| |||||||
| |||||||
1 | and (iii) the owner's notarized signature. Before enforcing | ||||||
2 | this
Section the law enforcement officer must have received | ||||||
3 | notice from the
owner or the owner's designee of a violation of | ||||||
4 | this Section. Statements made to the
law enforcement officer | ||||||
5 | regarding this notice shall not be rendered
inadmissible by | ||||||
6 | the hearsay rule when offered for the purpose of showing the
| ||||||
7 | required notice.
| ||||||
8 | (u) It is unlawful for any person to discharge any firearm | ||||||
9 | for the purpose
of taking any of the species protected by this | ||||||
10 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
11 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
12 | without
first obtaining permission from the owner or tenant, | ||||||
13 | except that while
trapping, hunting with bow and arrow, | ||||||
14 | hunting with dog and shotgun using shot
shells only, or | ||||||
15 | hunting with shotgun using shot shells only, or providing | ||||||
16 | outfitting services under a waterfowl outfitter permit, or
on | ||||||
17 | licensed game breeding and hunting preserve areas, as defined | ||||||
18 | in Section
3.27, on
federally owned and managed lands and on | ||||||
19 | Department owned, managed, leased, or
controlled lands, a 100 | ||||||
20 | yard restriction shall apply.
| ||||||
21 | (v) It is unlawful for any person to remove fur-bearing | ||||||
22 | mammals from, or
to move or disturb in any manner, the traps | ||||||
23 | owned by another person without
written authorization of the | ||||||
24 | owner to do so.
| ||||||
25 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
26 | wantonly allow
his or her dog to pursue, harass or kill deer, |
| |||||||
| |||||||
1 | except that nothing in this Section shall prohibit the | ||||||
2 | tracking of wounded deer with a dog in accordance with the | ||||||
3 | provisions of Section 2.26 of this Code.
| ||||||
4 | (x) It is unlawful for any person to wantonly or | ||||||
5 | carelessly injure
or destroy, in any manner whatsoever, any | ||||||
6 | real or personal property on
the land of another while engaged | ||||||
7 | in hunting or trapping thereon.
| ||||||
8 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
9 | between one
half hour after sunset and one half hour before | ||||||
10 | sunrise, except that
hunting hours between one half hour after | ||||||
11 | sunset and one half hour
before sunrise may be established by | ||||||
12 | administrative rule for fur-bearing
mammals.
| ||||||
13 | (z) It is unlawful to take any game bird (excluding wild | ||||||
14 | turkeys and
crippled pheasants not capable of normal flight | ||||||
15 | and otherwise irretrievable)
protected by this Act when not | ||||||
16 | flying. Nothing in this Section shall prohibit
a person from | ||||||
17 | carrying an uncased, unloaded shotgun in a boat, while in | ||||||
18 | pursuit
of a crippled migratory waterfowl that is incapable of | ||||||
19 | normal flight, for the
purpose of attempting to reduce the | ||||||
20 | migratory waterfowl to possession, provided
that the attempt | ||||||
21 | is made immediately upon downing the migratory waterfowl and
| ||||||
22 | is done within 400 yards of the blind from which the migratory | ||||||
23 | waterfowl was
downed. This exception shall apply only to | ||||||
24 | migratory game birds that are not
capable of normal flight. | ||||||
25 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
26 | shotgun as regulated by subsection (j) of this Section using
|
| |||||||
| |||||||
1 | shotgun shells as regulated in subsection (k) of this Section.
| ||||||
2 | (aa) It is unlawful to use or possess any device that may | ||||||
3 | be used for
tree climbing or cutting, while hunting | ||||||
4 | fur-bearing mammals, excluding coyotes.
| ||||||
5 | (bb) It is unlawful for any person, except licensed game | ||||||
6 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
7 | possess alive in this
State any species of wildlife taken | ||||||
8 | outside of this State, without
obtaining permission to do so | ||||||
9 | from the Director.
| ||||||
10 | (cc) It is unlawful for any person to have in his or her
| ||||||
11 | possession any freshly killed species protected by this Act | ||||||
12 | during the season
closed for taking.
| ||||||
13 | (dd) It is unlawful to take any species protected by this | ||||||
14 | Act and retain
it alive except as provided by administrative | ||||||
15 | rule.
| ||||||
16 | (ee) It is unlawful to possess any rifle while in the field | ||||||
17 | during gun
deer season except as provided in Section 2.26 and | ||||||
18 | administrative rules.
| ||||||
19 | (ff) It is unlawful for any person to take any species | ||||||
20 | protected by
this Act, except migratory waterfowl, during the | ||||||
21 | gun deer hunting season in
those counties open to gun deer | ||||||
22 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
23 | upper outer garment of a solid blaze orange color or solid | ||||||
24 | blaze pink color, with
such articles of clothing displaying a | ||||||
25 | minimum of 400 square inches of
blaze orange or solid blaze | ||||||
26 | pink color material.
|
| |||||||
| |||||||
1 | (gg) It is unlawful during the upland game season for any | ||||||
2 | person to take
upland game with a firearm unless he or she | ||||||
3 | wears, while in the field, a
cap of solid blaze orange color or | ||||||
4 | solid blaze pink color. For purposes of this Act, upland game | ||||||
5 | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked | ||||||
6 | Pheasant, Eastern
Cottontail and Swamp Rabbit.
| ||||||
7 | (hh) It shall be unlawful to kill or cripple any species | ||||||
8 | protected by
this Act for which there is a bag limit without | ||||||
9 | making a reasonable
effort to retrieve such species and | ||||||
10 | include such in the bag limit. It shall be unlawful for any | ||||||
11 | person having control over harvested game mammals, game birds, | ||||||
12 | or migratory game birds for which there is a bag limit to | ||||||
13 | wantonly waste or destroy the usable meat of the game, except | ||||||
14 | this shall not apply to wildlife taken under Sections 2.37 or | ||||||
15 | 3.22 of this Code. For purposes of this subsection, "usable | ||||||
16 | meat" means the breast meat of a game bird or migratory game | ||||||
17 | bird and the hind ham and front shoulders of a game mammal. It | ||||||
18 | shall be unlawful for any person to place, leave, dump, or | ||||||
19 | abandon a wildlife carcass or parts of it along or upon a | ||||||
20 | public right-of-way or highway or on public or private | ||||||
21 | property, including a waterway or stream, without the | ||||||
22 | permission of the owner or tenant. It shall not be unlawful to | ||||||
23 | discard game meat that is determined to be unfit for human | ||||||
24 | consumption.
| ||||||
25 | (ii) This Section shall apply only to those species | ||||||
26 | protected by this
Act taken within the State. Any species or |
| |||||||
| |||||||
1 | any parts thereof, legally taken
in and transported from other | ||||||
2 | states or countries, may be possessed
within the State, except | ||||||
3 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
| ||||||
4 | (jj) (Blank).
| ||||||
5 | (kk) Nothing contained in this Section shall prohibit the | ||||||
6 | Director
from issuing permits to paraplegics or to other | ||||||
7 | persons with disabilities who meet the
requirements set forth | ||||||
8 | in administrative rule to shoot or hunt from a vehicle
as | ||||||
9 | provided by that rule, provided that such is otherwise in | ||||||
10 | accord with this
Act.
| ||||||
11 | (ll) Nothing contained in this Act shall prohibit the | ||||||
12 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
13 | Code or birds and mammals
protected by this Act, except deer | ||||||
14 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
15 | disguised to alter its identity or to further provide a place
| ||||||
16 | of concealment and not propelled by sail or mechanical power. | ||||||
17 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
18 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
19 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
20 | used to take species protected by this Act.
| ||||||
21 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
22 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
23 | gauge, with a rifled barrel.
| ||||||
24 | (nn) It shall be unlawful to possess any species of | ||||||
25 | wildlife or wildlife parts taken unlawfully in Illinois, any | ||||||
26 | other state, or any other country, whether or not the wildlife |
| |||||||
| |||||||
1 | or wildlife parts is indigenous to Illinois. For the purposes | ||||||
2 | of this subsection, the statute of limitations for unlawful | ||||||
3 | possession of wildlife or wildlife parts shall not cease until | ||||||
4 | 2 years after the possession has permanently ended. | ||||||
5 | (Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; | ||||||
6 | 99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. | ||||||
7 | 1-1-19 .)
| ||||||
8 | (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
| ||||||
9 | Sec. 2.34. Dog Trials.
| ||||||
10 | (a) Dogs of any breed may be trained the year round in | ||||||
11 | accordance with the
provisions of this Act.
| ||||||
12 | (b) During the periods of time when it is unlawful to take | ||||||
13 | species protected
by this Act, the only firearms which shall | ||||||
14 | be used in the training of
dogs from sunrise to sunset shall be | ||||||
15 | pistols with blank cartridges. No
other gun or ammunition may | ||||||
16 | be in immediate possession during this time.
No person or | ||||||
17 | persons in, along with, or accompanying the dog training
| ||||||
18 | party, shall be in possession of any firearm or live | ||||||
19 | ammunition, except
pistols capable of firing only blank | ||||||
20 | cartridges during the hours from
sunset to sunrise. All | ||||||
21 | organized field trials or training grounds approved by
the | ||||||
22 | Department shall be exempt from this provision unless in | ||||||
23 | accordance with the Firearm Concealed Carry Act .
| ||||||
24 | (c) No field trial shall be held without a permit from the
| ||||||
25 | Department.
|
| |||||||
| |||||||
1 | The following Department areas shall be designated as | ||||||
2 | horseback field
trial sites; Lee County Conservation Area, Des | ||||||
3 | Plaines Conservation Area,
Moraine View State Park, Middle | ||||||
4 | Fork Fish and Wildlife Area, Hamilton
County Conservation | ||||||
5 | Area, and Wayne Fitzgerrell State Park. The Department
shall | ||||||
6 | provide and maintain quality wildlife habitat on these sites.
| ||||||
7 | Field trials shall be scheduled only from September 1 | ||||||
8 | through April 30
in the Northern Zone and September 1 through | ||||||
9 | April 15 in the Southern Zone.
The Department maintains the | ||||||
10 | authority to schedule and administer field
trials. The | ||||||
11 | boundary between the Northern Zone and the Southern
Zone shall | ||||||
12 | be U.S. Route 36. However, (i) if the opening date of the field
| ||||||
13 | trial season falls on Sunday, the season will begin on | ||||||
14 | Saturday of that
weekend; and (ii) if the closing date of the | ||||||
15 | field trial season falls on
Saturday, the season will conclude | ||||||
16 | on Sunday of that weekend; and (iii) if
during the final days | ||||||
17 | of the field trial season a field trial organization
begins a | ||||||
18 | field trial which is subsequently interrupted due to inclement
| ||||||
19 | weather, the field trial organization may complete the trial, | ||||||
20 | subject to the
Department's approval, even though the field | ||||||
21 | trial season has ended. The field
trial organization must | ||||||
22 | complete the trial on the first possible day or days.
Field | ||||||
23 | trials for the retrieving breeds are exempt from these field | ||||||
24 | trials
season provisions and shall have no closed season.
| ||||||
25 | The fee for field trials shall be established by the | ||||||
26 | Department by rule.
|
| |||||||
| |||||||
1 | (d) The Department is authorized to designate dog training
| ||||||
2 | areas and to grant permits for all field trials including | ||||||
3 | those field
trials where game birds reared under Section 3.23 | ||||||
4 | are released and taken
in accordance with the rules and | ||||||
5 | regulations set forth by the
Department. Applications for | ||||||
6 | permits for such trials and training areas
shall be | ||||||
7 | accompanied by detailed information as to the date and the | ||||||
8 | location of
the grounds where such trial area or training | ||||||
9 | grounds is located. Applicants
for field trial or dog training | ||||||
10 | permits must have the consent of the
landowner prior to | ||||||
11 | applying for such permit. Fees and other regulations
will be | ||||||
12 | set by administrative rule.
| ||||||
13 | (e) All permits for designated dog training areas shall | ||||||
14 | expire March 31st of
each year.
| ||||||
15 | (f) Permit holders for designated dog training areas must | ||||||
16 | possess a wild
game breeder's permit or a game breeding and | ||||||
17 | hunting preserve area permit and
may utilize live bird recall | ||||||
18 | devices on such areas.
| ||||||
19 | (g) Nothing shall prevent an individual from using a dog | ||||||
20 | in the taking of
squirrel during the open season.
| ||||||
21 | (h) All hand reared game released and shot at field trials | ||||||
22 | shall
be properly identified with tags as provided for by this | ||||||
23 | Act and such
birds shall be banded before they are removed from | ||||||
24 | the field trial area.
| ||||||
25 | (Source: P.A. 86-920; 87-1051.)
|
| |||||||
| |||||||
1 | Section 30. The Criminal Code of 2012 is amended by | ||||||
2 | changing Sections 24-3 and 24-8 as follows:
| ||||||
3 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
4 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
5 | (A) A person commits the offense of unlawful sale or | ||||||
6 | delivery of firearms when he
or she knowingly does any of the | ||||||
7 | following:
| ||||||
8 | (a) Sells or gives any firearm of a size which may be | ||||||
9 | concealed upon the
person to any person under 18 years of | ||||||
10 | age.
| ||||||
11 | (b) Sells or gives any firearm to a person under 21 | ||||||
12 | years of age who has
been convicted of a misdemeanor other | ||||||
13 | than a traffic offense or adjudged
delinquent.
| ||||||
14 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
15 | (d) Sells or gives any firearm to any person who has | ||||||
16 | been convicted of a
felony under the laws of this or any | ||||||
17 | other jurisdiction.
| ||||||
18 | (e) Sells or gives any firearm to any person who has | ||||||
19 | been a patient in a
mental institution within the past 5 | ||||||
20 | years. In this subsection (e): | ||||||
21 | "Mental institution" means any hospital, | ||||||
22 | institution, clinic, evaluation facility, mental | ||||||
23 | health center, or part thereof, which is used | ||||||
24 | primarily for the care or treatment of persons with | ||||||
25 | mental illness. |
| |||||||
| |||||||
1 | "Patient in a mental institution" means the person | ||||||
2 | was admitted, either voluntarily or involuntarily, to | ||||||
3 | a mental institution for mental health treatment, | ||||||
4 | unless the treatment was voluntary and solely for an | ||||||
5 | alcohol abuse disorder and no other secondary | ||||||
6 | substance abuse disorder or mental illness.
| ||||||
7 | (f) Sells or gives any firearms to any person who is a | ||||||
8 | person with an intellectual disability.
| ||||||
9 | (g) Delivers any firearm, incidental to a sale, | ||||||
10 | without withholding delivery of the firearm
for at least | ||||||
11 | 72 hours after application for its purchase has been made, | ||||||
12 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
13 | without withholding delivery of the stun gun or taser for
| ||||||
14 | at least 24 hours after application for its purchase has | ||||||
15 | been made.
However,
this paragraph (g) does not apply to: | ||||||
16 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
17 | the seller of the firearm knows that the person to whom he | ||||||
18 | or she is selling the firearm is a law enforcement officer | ||||||
19 | or the sale of a firearm to a person who desires to | ||||||
20 | purchase a firearm for
use in promoting the public | ||||||
21 | interest incident to his or her employment as a
bank | ||||||
22 | guard, armed truck guard, or other similar employment; (2) | ||||||
23 | a mail
order sale of a firearm from a federally licensed | ||||||
24 | firearms dealer to a nonresident of Illinois under which | ||||||
25 | the firearm
is mailed to a federally licensed firearms | ||||||
26 | dealer outside the boundaries of Illinois; (3) (blank); |
| |||||||
| |||||||
1 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
2 | firearms dealer under Section 923
of the federal Gun | ||||||
3 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
4 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
5 | registered competitor or attendee or non-resident | ||||||
6 | registered competitor or attendee by any dealer licensed | ||||||
7 | as a federal firearms dealer under Section 923 of the | ||||||
8 | federal Gun Control Act of 1968 at competitive shooting | ||||||
9 | events held at the World Shooting Complex sanctioned by a | ||||||
10 | national governing body. For purposes of transfers or | ||||||
11 | sales under subparagraph (5) of this paragraph (g), the | ||||||
12 | Department of Natural Resources shall give notice to the | ||||||
13 | Department of State Police at least 30 calendar days prior | ||||||
14 | to any competitive shooting events at the World Shooting | ||||||
15 | Complex sanctioned by a national governing body. The | ||||||
16 | notification shall be made on a form prescribed by the | ||||||
17 | Department of State Police. The sanctioning body shall | ||||||
18 | provide a list of all registered competitors and attendees | ||||||
19 | at least 24 hours before the events to the Department of | ||||||
20 | State Police. Any changes to the list of registered | ||||||
21 | competitors and attendees shall be forwarded to the | ||||||
22 | Department of State Police as soon as practicable. The | ||||||
23 | Department of State Police must destroy the list of | ||||||
24 | registered competitors and attendees no later than 30 days | ||||||
25 | after the date of the event. Nothing in this paragraph (g) | ||||||
26 | relieves a federally licensed firearm dealer from the |
| |||||||
| |||||||
1 | requirements of conducting a NICS background check through | ||||||
2 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
3 | purposes of this paragraph (g), "application" means when | ||||||
4 | the buyer and seller reach an agreement to purchase a | ||||||
5 | firearm.
For purposes of this paragraph (g), "national | ||||||
6 | governing body" means a group of persons who adopt rules | ||||||
7 | and formulate policy on behalf of a national firearm | ||||||
8 | sporting organization.
| ||||||
9 | (h) While holding any license
as a dealer,
importer, | ||||||
10 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
11 | Act of 1968,
manufactures, sells or delivers to any | ||||||
12 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
13 | or receiver which is a die casting of zinc alloy or
any | ||||||
14 | other nonhomogeneous metal which will melt or deform at a | ||||||
15 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
16 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
17 | the Firearm Owners Identification Card Act; and (2)
| ||||||
18 | "handgun" is defined as a firearm designed to be held
and | ||||||
19 | fired by the use of a single hand, and includes a | ||||||
20 | combination of parts from
which such a firearm can be | ||||||
21 | assembled.
| ||||||
22 | (i) Sells or gives a firearm of any size to any person | ||||||
23 | under 18 years of
age who does not possess a valid Firearm | ||||||
24 | Owner's Identification Card.
| ||||||
25 | (j) Sells or gives a firearm while engaged in the | ||||||
26 | business of selling
firearms at wholesale or retail |
| |||||||
| |||||||
1 | without being licensed as a federal firearms
dealer under | ||||||
2 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
3 | U.S.C.
923). In this paragraph (j):
| ||||||
4 | A person "engaged in the business" means a person who | ||||||
5 | devotes time,
attention, and
labor to
engaging in the | ||||||
6 | activity as a regular course of trade or business with the
| ||||||
7 | principal objective of livelihood and profit, but does not | ||||||
8 | include a person who
makes occasional repairs of firearms | ||||||
9 | or who occasionally fits special barrels,
stocks, or | ||||||
10 | trigger mechanisms to firearms.
| ||||||
11 | "With the principal objective of livelihood and | ||||||
12 | profit" means that the
intent
underlying the sale or | ||||||
13 | disposition of firearms is predominantly one of
obtaining | ||||||
14 | livelihood and pecuniary gain, as opposed to other | ||||||
15 | intents, such as
improving or liquidating a personal | ||||||
16 | firearms collection; however, proof of
profit shall not be | ||||||
17 | required as to a person who engages in the regular and
| ||||||
18 | repetitive purchase and disposition of firearms for | ||||||
19 | criminal purposes or
terrorism.
| ||||||
20 | (k) Sells or transfers ownership of a firearm to a | ||||||
21 | person who does not display to the seller or transferor of | ||||||
22 | the firearm either: (1) a currently valid Firearm Owner's | ||||||
23 | Identification Card that has previously been issued in the | ||||||
24 | transferee's name by the Department of State Police under | ||||||
25 | the provisions of the Firearm Owners Identification Card | ||||||
26 | Act; or (2) a currently valid license to carry a concealed |
| |||||||
| |||||||
1 | firearm that has previously been issued in the | ||||||
2 | transferee's name by the
Department of State Police under | ||||||
3 | the Firearm Concealed Carry Act. This paragraph (k) does | ||||||
4 | not apply to the transfer of a firearm to a person who is | ||||||
5 | exempt from the requirement of possessing a Firearm | ||||||
6 | Owner's Identification Card under Section 2 of the Firearm | ||||||
7 | Owners Identification Card Act. For the purposes of this | ||||||
8 | Section, a currently valid Firearm Owner's Identification | ||||||
9 | Card or license to carry a concealed firearm means receipt | ||||||
10 | of (i) a Firearm Owner's Identification Card that has not | ||||||
11 | expired or (ii) an approval number issued in accordance | ||||||
12 | with subsection (a-10) of subsection 3 or Section 3.1 of | ||||||
13 | the Firearm Owners Identification Card Act shall be proof | ||||||
14 | that the Firearm Owner's Identification Card was valid . | ||||||
15 | (1) In addition to the other requirements of this | ||||||
16 | paragraph (k), all persons who are not federally | ||||||
17 | licensed firearms dealers must also have complied with | ||||||
18 | subsection (a-10) of Section 3 of the Firearm Owners | ||||||
19 | Identification Card Act by determining the validity of | ||||||
20 | a purchaser's Firearm Owner's Identification Card. | ||||||
21 | (2) All sellers or transferors who have complied | ||||||
22 | with the requirements of subparagraph (1) of this | ||||||
23 | paragraph (k) shall not be liable for damages in any | ||||||
24 | civil action arising from the use or misuse by the | ||||||
25 | transferee of the firearm transferred, except for | ||||||
26 | willful or wanton misconduct on the part of the seller |
| |||||||
| |||||||
1 | or transferor. | ||||||
2 | (l) Not
being entitled to the possession of a firearm, | ||||||
3 | delivers the
firearm, knowing it to have been stolen or | ||||||
4 | converted. It may be inferred that
a person who possesses | ||||||
5 | a firearm with knowledge that its serial number has
been | ||||||
6 | removed or altered has knowledge that the firearm is | ||||||
7 | stolen or converted. | ||||||
8 | (B) Paragraph (h) of subsection (A) does not include | ||||||
9 | firearms sold within 6
months after enactment of Public
Act | ||||||
10 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
11 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
12 | purchased by any citizen within 6 months after the
enactment | ||||||
13 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
14 | the provisions of that Public Act. Nothing in
Public Act | ||||||
15 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
16 | firearm if that firearm was legally held or acquired within 6 | ||||||
17 | months after
the enactment of that Public Act.
| ||||||
18 | (C) Sentence.
| ||||||
19 | (1) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
21 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
22 | (2) Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of
paragraph (b) or (i) of | ||||||
24 | subsection (A) commits a Class 3 felony.
| ||||||
25 | (3) Any person convicted of unlawful sale or delivery | ||||||
26 | of firearms in violation of
paragraph (a) of subsection |
| |||||||
| |||||||
1 | (A) commits a Class 2 felony.
| ||||||
2 | (4) Any person convicted of unlawful sale or delivery | ||||||
3 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
4 | subsection (A) in any school, on the real
property | ||||||
5 | comprising a school, within 1,000 feet of the real | ||||||
6 | property comprising
a school, at a school related | ||||||
7 | activity, or on or within 1,000 feet of any
conveyance | ||||||
8 | owned, leased, or contracted by a school or school | ||||||
9 | district to
transport students to or from school or a | ||||||
10 | school related activity,
regardless of the time of day or | ||||||
11 | time of year at which the offense
was committed, commits a | ||||||
12 | Class 1 felony. Any person convicted of a second
or | ||||||
13 | subsequent violation of unlawful sale or delivery of | ||||||
14 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
15 | subsection (A) in any school, on the real property
| ||||||
16 | comprising a school, within 1,000 feet of the real | ||||||
17 | property comprising a
school, at a school related | ||||||
18 | activity, or on or within 1,000 feet of any
conveyance | ||||||
19 | owned, leased, or contracted by a school or school | ||||||
20 | district to
transport students to or from school or a | ||||||
21 | school related activity,
regardless of the time of day or | ||||||
22 | time of year at which the offense
was committed, commits a | ||||||
23 | Class 1 felony for which the sentence shall be a
term of | ||||||
24 | imprisonment of no less than 5 years and no more than 15 | ||||||
25 | years.
| ||||||
26 | (5) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (a) or (i) of | ||||||
2 | subsection (A) in residential property owned,
operated, or | ||||||
3 | managed by a public housing agency or leased by a public | ||||||
4 | housing
agency as part of a scattered site or mixed-income | ||||||
5 | development, in a public
park, in a
courthouse, on | ||||||
6 | residential property owned, operated, or managed by a | ||||||
7 | public
housing agency or leased by a public housing agency | ||||||
8 | as part of a scattered site
or mixed-income development, | ||||||
9 | on the real property comprising any public park,
on the | ||||||
10 | real
property comprising any courthouse, or on any public | ||||||
11 | way within 1,000 feet
of the real property comprising any | ||||||
12 | public park, courthouse, or residential
property owned, | ||||||
13 | operated, or managed by a public housing agency or leased | ||||||
14 | by a
public housing agency as part of a scattered site or | ||||||
15 | mixed-income development
commits a
Class 2 felony.
| ||||||
16 | (6) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (j) of subsection | ||||||
18 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
19 | violation is a Class 4 felony. | ||||||
20 | (7) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of paragraph (k) of subsection | ||||||
22 | (A) commits a Class 4 felony, except that a violation of | ||||||
23 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
24 | not be punishable as a crime or petty offense. A third or | ||||||
25 | subsequent conviction for a violation of paragraph (k) of | ||||||
26 | subsection (A) is a Class 1 felony.
|
| |||||||
| |||||||
1 | (8) A person 18 years of age or older convicted of | ||||||
2 | unlawful sale or delivery of firearms in violation of | ||||||
3 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
4 | that was sold or given to another person under 18 years of | ||||||
5 | age was used in the commission of or attempt to commit a | ||||||
6 | forcible felony, shall be fined or imprisoned, or both, | ||||||
7 | not to exceed the maximum provided for the most serious | ||||||
8 | forcible felony so committed or attempted by the person | ||||||
9 | under 18 years of age who was sold or given the firearm. | ||||||
10 | (9) Any person convicted of unlawful sale or delivery | ||||||
11 | of firearms in violation of
paragraph (d) of subsection | ||||||
12 | (A) commits a Class 3 felony. | ||||||
13 | (10) Any person convicted of unlawful sale or delivery | ||||||
14 | of firearms in violation of paragraph (l) of subsection | ||||||
15 | (A) commits a Class 2 felony if the delivery is of one | ||||||
16 | firearm. Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of paragraph (l) of subsection | ||||||
18 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
19 | than 2 and not more than 5 firearms at the
same time or | ||||||
20 | within a one year period. Any person convicted of unlawful | ||||||
21 | sale or delivery of firearms in violation of paragraph (l) | ||||||
22 | of subsection (A) commits a Class X felony for which he or | ||||||
23 | she shall be sentenced
to a term of imprisonment of not | ||||||
24 | less than 6 years and not more than 30
years if the | ||||||
25 | delivery is of not less than 6 and not more than 10 | ||||||
26 | firearms at the
same time or within a 2 year period. Any |
| |||||||
| |||||||
1 | person convicted of unlawful sale or delivery of firearms | ||||||
2 | in violation of paragraph (l) of subsection (A) commits a | ||||||
3 | Class X felony for which he or she shall be sentenced
to a | ||||||
4 | term of imprisonment of not less than 6 years and not more | ||||||
5 | than 40
years if the delivery is of not less than 11 and | ||||||
6 | not more than 20 firearms at the
same time or within a 3 | ||||||
7 | year period. Any person convicted of unlawful sale or | ||||||
8 | delivery of firearms in violation of paragraph (l) of | ||||||
9 | subsection (A) commits a Class X felony for which he or she | ||||||
10 | shall be sentenced
to a term of imprisonment of not less | ||||||
11 | than 6 years and not more than 50
years if the delivery is | ||||||
12 | of not less than 21 and not more than 30 firearms at the
| ||||||
13 | same time or within a 4 year period. Any person convicted | ||||||
14 | of unlawful sale or delivery of firearms in violation of | ||||||
15 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
16 | for which he or she shall be sentenced
to a term of | ||||||
17 | imprisonment of not less than 6 years and not more than 60
| ||||||
18 | years if the delivery is of 31 or more firearms at the
same | ||||||
19 | time or within a 5 year period. | ||||||
20 | (D) For purposes of this Section:
| ||||||
21 | "School" means a public or private elementary or secondary | ||||||
22 | school,
community college, college, or university.
| ||||||
23 | "School related activity" means any sporting, social, | ||||||
24 | academic, or
other activity for which students' attendance or | ||||||
25 | participation is sponsored,
organized, or funded in whole or | ||||||
26 | in part by a school or school district.
|
| |||||||
| |||||||
1 | (E) A prosecution for a violation of paragraph (k) of | ||||||
2 | subsection (A) of this Section may be commenced within 6 years | ||||||
3 | after the commission of the offense. A prosecution for a | ||||||
4 | violation of this Section other than paragraph (g) of | ||||||
5 | subsection (A) of this Section may be commenced within 5 years | ||||||
6 | after the commission of the offense defined in the particular | ||||||
7 | paragraph.
| ||||||
8 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
9 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
10 | (720 ILCS 5/24-8)
| ||||||
11 | Sec. 24-8. Firearm evidence tracing .
| ||||||
12 | (a) Upon recovering a firearm from the possession
of | ||||||
13 | anyone who is not permitted by federal or State
law
to possess | ||||||
14 | a firearm, a local law enforcement agency shall
use the best | ||||||
15 | available information, including a firearms trace when | ||||||
16 | necessary,
to determine how and from whom the person gained
| ||||||
17 | possession of the firearm.
Upon recovering a firearm that was | ||||||
18 | used in the commission of any offense
classified as a felony or | ||||||
19 | upon recovering a firearm that appears to have been
lost, | ||||||
20 | mislaid,
stolen, or
otherwise unclaimed, a local law | ||||||
21 | enforcement agency shall use the best
available
information, | ||||||
22 | including a firearms trace when necessary , to determine prior
| ||||||
23 | ownership of
the firearm.
| ||||||
24 | (b) Law Local law enforcement shall, when appropriate, use | ||||||
25 | the National
Tracing Center of the
Federal
Bureau of Alcohol, |
| |||||||
| |||||||
1 | Tobacco and Firearms and the National Crime Information Center | ||||||
2 | of the Federal Bureau of Investigation in complying with | ||||||
3 | subsection (a) of
this Section.
| ||||||
4 | (c) Law Local law enforcement agencies shall use the | ||||||
5 | Illinois Department of
State Police Law Enforcement Agencies | ||||||
6 | Data System (LEADS) Gun File to enter all
stolen, seized, or | ||||||
7 | recovered firearms as prescribed by LEADS regulations and
| ||||||
8 | policies. | ||||||
9 | (d) Whenever a law enforcement agency recovers a fired | ||||||
10 | cartridge case at a crime scene or has reason to believe that | ||||||
11 | the recovered fired cartridge case is related to or associated | ||||||
12 | with the commission of a crime, the law enforcement agency | ||||||
13 | shall submit the evidence to the National Integrated | ||||||
14 | Ballistics Information Network (NIBIN) or an Illinois State | ||||||
15 | Police laboratory for NIBIN processing. Whenever a law | ||||||
16 | enforcement agency seizes or recovers a semiautomatic firearm | ||||||
17 | that is deemed suitable to be entered into the NIBIN that was: | ||||||
18 | (i) unlawfully possessed, (ii) used for any unlawful purpose, | ||||||
19 | (iii) recovered from the scene of a crime, (iv) is reasonably | ||||||
20 | believed to have been used or associated with the commission | ||||||
21 | of a crime, or (v) is acquired by the law enforcement agency as | ||||||
22 | an abandoned or discarded firearm, the law enforcement agency | ||||||
23 | shall submit the evidence to the NIBIN or an Illinois State | ||||||
24 | Police laboratory for NIBIN processing.
When practicable, all | ||||||
25 | NIBIN-suitable evidence and NIBIN-suitable test fires from | ||||||
26 | recovered firearms shall be entered into the NIBIN within 2 |
| |||||||
| |||||||
1 | business days of submission to Illinois State Police | ||||||
2 | laboratories that have NIBIN access or another NIBIN site. | ||||||
3 | Exceptions to this may occur if the evidence in question | ||||||
4 | requires analysis by other forensic disciplines. The Illinois | ||||||
5 | State Police laboratory, submitting agency, and relevant court | ||||||
6 | representatives shall determine whether the request for | ||||||
7 | additional analysis outweighs the 2 business-day requirement.
| ||||||
8 | Illinois State Police laboratories that do not have NIBIN | ||||||
9 | access shall submit NIBIN-suitable evidence and test fires to | ||||||
10 | an Illinois State Police laboratory with NIBIN access. Upon | ||||||
11 | receipt at the laboratory with NIBIN access, when practicable, | ||||||
12 | the evidence and test fires shall be entered into the NIBIN | ||||||
13 | within 2 business days. Exceptions to this 2 business-day | ||||||
14 | requirement may occur if the evidence in question requires | ||||||
15 | analysis by other forensic disciplines. The Illinois State | ||||||
16 | Police laboratory, submitting agency, and relevant court | ||||||
17 | representatives shall determine whether the request for | ||||||
18 | additional analysis outweighs the 2 business-day requirement.
| ||||||
19 | Nothing in this Section shall be interpreted to conflict with | ||||||
20 | standards and policies for NIBIN sites as promulgated by the | ||||||
21 | federal Bureau of Alcohol, Tobacco, Firearms and Explosives or | ||||||
22 | successor agencies.
| ||||||
23 | (Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
| ||||||
24 | Section 35. The Code of Criminal Procedure of 1963 is | ||||||
25 | amended by changing Section 112A-14 as follows:
|
| |||||||
| |||||||
1 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
2 | Sec. 112A-14. Domestic violence order of protection; | ||||||
3 | remedies.
| ||||||
4 | (a) (Blank).
| ||||||
5 | (b) The court may order any of the remedies listed in this | ||||||
6 | subsection (b).
The remedies listed in this subsection (b) | ||||||
7 | shall be in addition to other civil
or criminal remedies | ||||||
8 | available to petitioner.
| ||||||
9 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
10 | harassment,
interference with personal liberty, | ||||||
11 | intimidation of a dependent, physical
abuse, or willful | ||||||
12 | deprivation, as defined in this Article, if such abuse has
| ||||||
13 | occurred or otherwise appears likely to occur if not | ||||||
14 | prohibited.
| ||||||
15 | (2) Grant of exclusive possession of residence. | ||||||
16 | Prohibit respondent
from entering or remaining in any | ||||||
17 | residence, household, or premises of the petitioner,
| ||||||
18 | including one owned or leased by respondent, if petitioner | ||||||
19 | has a right
to occupancy thereof. The grant of exclusive | ||||||
20 | possession of the residence, household, or premises
shall | ||||||
21 | not affect title to real property, nor shall the court be | ||||||
22 | limited by
the standard set forth in subsection (c-2) of | ||||||
23 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
24 | Marriage Act.
| ||||||
25 | (A) Right to occupancy. A party has a right to |
| |||||||
| |||||||
1 | occupancy of a
residence or household if it is
solely | ||||||
2 | or jointly owned or leased by that party, that party's | ||||||
3 | spouse, a
person with a legal duty to support that | ||||||
4 | party or a minor child in that
party's care, or by any | ||||||
5 | person or entity other than the opposing party that
| ||||||
6 | authorizes that party's occupancy (e.g., a domestic | ||||||
7 | violence shelter).
Standards set forth in subparagraph | ||||||
8 | (B) shall not preclude equitable relief.
| ||||||
9 | (B) Presumption of hardships. If petitioner and | ||||||
10 | respondent
each has the right to occupancy of a | ||||||
11 | residence or household, the court
shall balance (i) | ||||||
12 | the hardships to respondent and any minor child or
| ||||||
13 | dependent adult in respondent's care resulting from | ||||||
14 | entry of this remedy with (ii)
the hardships to | ||||||
15 | petitioner and any minor child or dependent adult in
| ||||||
16 | petitioner's care resulting from continued exposure to | ||||||
17 | the risk of abuse (should
petitioner remain at the | ||||||
18 | residence or household) or from loss of possession
of | ||||||
19 | the residence or household (should petitioner leave to | ||||||
20 | avoid the risk
of abuse). When determining the balance | ||||||
21 | of hardships, the court shall also
take into account | ||||||
22 | the accessibility of the residence or household.
| ||||||
23 | Hardships need not be balanced if respondent does not | ||||||
24 | have a right to occupancy.
| ||||||
25 | The balance of hardships is presumed to favor | ||||||
26 | possession by
petitioner unless the presumption is |
| |||||||
| |||||||
1 | rebutted by a preponderance of the
evidence, showing | ||||||
2 | that the hardships to respondent substantially | ||||||
3 | outweigh
the hardships to petitioner and any minor | ||||||
4 | child or dependent adult in petitioner's
care. The | ||||||
5 | court, on the request of petitioner or on its own | ||||||
6 | motion,
may order respondent to provide suitable, | ||||||
7 | accessible, alternate housing
for petitioner instead | ||||||
8 | of
excluding respondent from a mutual residence or | ||||||
9 | household.
| ||||||
10 | (3) Stay away order and additional prohibitions.
Order | ||||||
11 | respondent to stay away from petitioner or any other | ||||||
12 | person
protected by the domestic violence order of | ||||||
13 | protection, or prohibit respondent from entering
or | ||||||
14 | remaining present at petitioner's school, place of | ||||||
15 | employment, or other
specified places at times when | ||||||
16 | petitioner is present, or both, if
reasonable, given
the | ||||||
17 | balance of hardships. Hardships need not be balanced for | ||||||
18 | the court
to enter a stay away order or prohibit entry
if | ||||||
19 | respondent has no right to enter the premises.
| ||||||
20 | (A) If a domestic violence order of protection | ||||||
21 | grants petitioner exclusive possession
of the | ||||||
22 | residence, prohibits respondent from entering the | ||||||
23 | residence,
or orders respondent to stay away from | ||||||
24 | petitioner or other
protected persons, then the court | ||||||
25 | may allow respondent access to the
residence to remove | ||||||
26 | items of clothing and personal adornment
used |
| |||||||
| |||||||
1 | exclusively by respondent, medications, and other | ||||||
2 | items as the court directs.
The right to access shall | ||||||
3 | be exercised on only one occasion as the court directs
| ||||||
4 | and in the presence of an agreed-upon adult third | ||||||
5 | party or law enforcement officer.
| ||||||
6 | (B) When the petitioner and the respondent attend | ||||||
7 | the same public, private, or non-public elementary, | ||||||
8 | middle, or high school, the court when issuing a | ||||||
9 | domestic violence order of protection and providing | ||||||
10 | relief shall consider the severity of the act, any | ||||||
11 | continuing physical danger or emotional distress to | ||||||
12 | the petitioner, the educational rights guaranteed to | ||||||
13 | the petitioner and respondent under federal and State | ||||||
14 | law, the availability of a transfer of the respondent | ||||||
15 | to another school, a change of placement or a change of | ||||||
16 | program of the respondent, the expense, difficulty, | ||||||
17 | and educational disruption that would be caused by a | ||||||
18 | transfer of the respondent to another school, and any | ||||||
19 | other relevant facts of the case. The court may order | ||||||
20 | that the respondent not attend the public, private, or | ||||||
21 | non-public elementary, middle, or high school attended | ||||||
22 | by the petitioner, order that the respondent accept a | ||||||
23 | change of placement or change of program, as | ||||||
24 | determined by the school district or private or | ||||||
25 | non-public school, or place restrictions on the | ||||||
26 | respondent's movements within the school attended by |
| |||||||
| |||||||
1 | the petitioner. The respondent bears the burden of | ||||||
2 | proving by a preponderance of the evidence that a | ||||||
3 | transfer, change of placement, or change of program of | ||||||
4 | the respondent is not available. The respondent also | ||||||
5 | bears the burden of production with respect to the | ||||||
6 | expense, difficulty, and educational disruption that | ||||||
7 | would be caused by a transfer of the respondent to | ||||||
8 | another school. A transfer, change of placement, or | ||||||
9 | change of program is not unavailable to the respondent | ||||||
10 | solely on the ground that the respondent does not | ||||||
11 | agree with the school district's or private or | ||||||
12 | non-public school's transfer, change of placement, or | ||||||
13 | change of program or solely on the ground that the | ||||||
14 | respondent fails or refuses to consent or otherwise | ||||||
15 | does not take an action required to effectuate a | ||||||
16 | transfer, change of placement, or change of program. | ||||||
17 | When a court orders a respondent to stay away from the | ||||||
18 | public, private, or non-public school attended by the | ||||||
19 | petitioner and the respondent requests a transfer to | ||||||
20 | another attendance center within the respondent's | ||||||
21 | school district or private or non-public school, the | ||||||
22 | school district or private or non-public school shall | ||||||
23 | have sole discretion to determine the attendance | ||||||
24 | center to which the respondent is transferred. If the | ||||||
25 | court order results in a transfer of the minor | ||||||
26 | respondent to another attendance center, a change in |
| |||||||
| |||||||
1 | the respondent's placement, or a change of the | ||||||
2 | respondent's program, the parents, guardian, or legal | ||||||
3 | custodian of the respondent is responsible for | ||||||
4 | transportation and other costs associated with the | ||||||
5 | transfer or change. | ||||||
6 | (C) The court may order the parents, guardian, or | ||||||
7 | legal custodian of a minor respondent to take certain | ||||||
8 | actions or to refrain from taking certain actions to | ||||||
9 | ensure that the respondent complies with the order. If | ||||||
10 | the court orders a transfer of the respondent to | ||||||
11 | another school, the parents, guardian, or legal | ||||||
12 | custodian of the respondent is responsible for | ||||||
13 | transportation and other costs associated with the | ||||||
14 | change of school by the respondent. | ||||||
15 | (4) Counseling. Require or recommend the respondent to | ||||||
16 | undergo
counseling for a specified duration with a social | ||||||
17 | worker, psychologist,
clinical psychologist, | ||||||
18 | psychiatrist, family service agency, alcohol or
substance | ||||||
19 | abuse program, mental health center guidance counselor, | ||||||
20 | agency
providing services to elders, program designed for | ||||||
21 | domestic violence
abusers, or any other guidance service | ||||||
22 | the court deems appropriate. The court may order the | ||||||
23 | respondent in any intimate partner relationship to report | ||||||
24 | to an Illinois Department of Human Services protocol | ||||||
25 | approved partner abuse intervention program for an | ||||||
26 | assessment and to follow all recommended treatment.
|
| |||||||
| |||||||
1 | (5) Physical care and possession of the minor child. | ||||||
2 | In order to protect
the minor child from abuse, neglect, | ||||||
3 | or unwarranted separation from the person
who has been the | ||||||
4 | minor child's primary caretaker, or to otherwise protect | ||||||
5 | the
well-being of the minor child, the court may do either | ||||||
6 | or both of the following:
(i) grant petitioner physical | ||||||
7 | care or possession of the minor child, or both, or
(ii) | ||||||
8 | order respondent to return a minor child to, or not remove | ||||||
9 | a minor child
from, the physical care of a parent or person | ||||||
10 | in loco parentis.
| ||||||
11 | If the respondent is charged with abuse
(as defined in | ||||||
12 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
13 | be a
rebuttable presumption that awarding physical care to | ||||||
14 | respondent would not
be in the minor child's best | ||||||
15 | interest.
| ||||||
16 | (6) Temporary allocation of parental responsibilities | ||||||
17 | and significant decision-making responsibilities.
Award | ||||||
18 | temporary significant decision-making responsibility to | ||||||
19 | petitioner in accordance with this Section,
the Illinois | ||||||
20 | Marriage
and Dissolution of Marriage Act, the Illinois | ||||||
21 | Parentage Act of 2015,
and this State's Uniform | ||||||
22 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
23 | If the respondent
is charged with abuse (as defined in | ||||||
24 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
25 | be a rebuttable presumption that awarding
temporary | ||||||
26 | significant decision-making responsibility to respondent |
| |||||||
| |||||||
1 | would not be in the
child's best interest.
| ||||||
2 | (7) Parenting time. Determine the parenting time, if | ||||||
3 | any, of respondent in any case in which the court
awards | ||||||
4 | physical care or temporary significant decision-making | ||||||
5 | responsibility of a minor child to
petitioner. The court | ||||||
6 | shall restrict or deny respondent's parenting time with
a | ||||||
7 | minor child if
the court finds that respondent has done or | ||||||
8 | is likely to do any of the
following: | ||||||
9 | (i) abuse or endanger the minor child during | ||||||
10 | parenting time; | ||||||
11 | (ii) use the parenting time
as an opportunity to | ||||||
12 | abuse or harass petitioner or
petitioner's family or | ||||||
13 | household members; | ||||||
14 | (iii) improperly conceal or
detain the minor | ||||||
15 | child; or | ||||||
16 | (iv) otherwise act in a manner that is not in
the | ||||||
17 | best interests of the minor child. | ||||||
18 | The court shall not be limited by the
standards set | ||||||
19 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
20 | Dissolution of Marriage Act. If the court grants parenting | ||||||
21 | time, the order
shall specify dates and times for the | ||||||
22 | parenting time to take place or other
specific parameters | ||||||
23 | or conditions that are appropriate. No order for parenting | ||||||
24 | time
shall refer merely to the term "reasonable parenting | ||||||
25 | time". Petitioner may deny respondent access to the minor | ||||||
26 | child if, when
respondent arrives for parenting time, |
| |||||||
| |||||||
1 | respondent is under the influence of drugs
or alcohol and | ||||||
2 | constitutes a threat to the safety and well-being of
| ||||||
3 | petitioner or petitioner's minor children or is behaving | ||||||
4 | in a violent or abusive manner. If necessary to protect | ||||||
5 | any member of petitioner's family or
household from future | ||||||
6 | abuse, respondent shall be prohibited from coming to
| ||||||
7 | petitioner's residence to meet the minor child for | ||||||
8 | parenting time, and the petitioner and respondent
shall | ||||||
9 | submit to the court their recommendations for reasonable
| ||||||
10 | alternative arrangements for parenting time. A person may | ||||||
11 | be approved to
supervise parenting time only after filing | ||||||
12 | an affidavit accepting
that responsibility and | ||||||
13 | acknowledging accountability to the court.
| ||||||
14 | (8) Removal or concealment of minor child.
Prohibit | ||||||
15 | respondent from
removing a minor child from the State or | ||||||
16 | concealing the child within the
State.
| ||||||
17 | (9) Order to appear. Order the respondent to
appear in | ||||||
18 | court, alone
or with a minor child, to prevent abuse, | ||||||
19 | neglect, removal or concealment of
the child, to return | ||||||
20 | the child to the custody or care of the petitioner, or
to | ||||||
21 | permit any court-ordered interview or examination of the | ||||||
22 | child or the
respondent.
| ||||||
23 | (10) Possession of personal property. Grant petitioner | ||||||
24 | exclusive
possession of personal property and, if | ||||||
25 | respondent has possession or
control, direct respondent to | ||||||
26 | promptly make it available to petitioner, if:
|
| |||||||
| |||||||
1 | (i) petitioner, but not respondent, owns the | ||||||
2 | property; or
| ||||||
3 | (ii) the petitioner and respondent own the | ||||||
4 | property jointly; sharing it would risk
abuse of | ||||||
5 | petitioner by respondent or is impracticable; and the | ||||||
6 | balance of
hardships favors temporary possession by | ||||||
7 | petitioner.
| ||||||
8 | If petitioner's sole claim to ownership of the | ||||||
9 | property is that it is
marital property, the court may | ||||||
10 | award petitioner temporary possession
thereof under the | ||||||
11 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
12 | proper proceeding has been filed under the Illinois | ||||||
13 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
14 | hereafter amended.
| ||||||
15 | No order under this provision shall affect title to | ||||||
16 | property.
| ||||||
17 | (11) Protection of property. Forbid the respondent | ||||||
18 | from taking,
transferring, encumbering, concealing, | ||||||
19 | damaging, or otherwise disposing of
any real or personal | ||||||
20 | property, except as explicitly authorized by the
court, | ||||||
21 | if:
| ||||||
22 | (i) petitioner, but not respondent, owns the | ||||||
23 | property; or
| ||||||
24 | (ii) the petitioner and respondent own the | ||||||
25 | property jointly,
and the balance of hardships favors | ||||||
26 | granting this remedy.
|
| |||||||
| |||||||
1 | If petitioner's sole claim to ownership of the | ||||||
2 | property is that it is
marital property, the court may | ||||||
3 | grant petitioner relief under subparagraph
(ii) of this | ||||||
4 | paragraph only if a proper proceeding has been filed under | ||||||
5 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
6 | now or hereafter amended.
| ||||||
7 | The court may further prohibit respondent from | ||||||
8 | improperly using the
financial or other resources of an | ||||||
9 | aged member of the family or household
for the profit or | ||||||
10 | advantage of respondent or of any other person.
| ||||||
11 | (11.5) Protection of animals. Grant the petitioner the | ||||||
12 | exclusive care, custody, or control of any animal owned, | ||||||
13 | possessed, leased, kept, or held by either the petitioner | ||||||
14 | or the respondent or a minor child residing in the | ||||||
15 | residence or household of either the petitioner or the | ||||||
16 | respondent and order the respondent to stay away from the | ||||||
17 | animal and forbid the respondent from taking, | ||||||
18 | transferring, encumbering, concealing, harming, or | ||||||
19 | otherwise disposing of the animal.
| ||||||
20 | (12) Order for payment of support. Order
respondent to | ||||||
21 | pay temporary
support for the petitioner or any child in | ||||||
22 | the petitioner's care or over whom the petitioner has been | ||||||
23 | allocated parental responsibility, when the respondent has | ||||||
24 | a legal obligation to support that person,
in accordance | ||||||
25 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
26 | Act, which shall govern, among other matters, the amount |
| |||||||
| |||||||
1 | of
support, payment through the clerk and withholding of | ||||||
2 | income to secure
payment. An order for child support may | ||||||
3 | be granted to a petitioner with
lawful physical care of a | ||||||
4 | child, or an order or agreement for
physical care of a | ||||||
5 | child, prior to entry of an order allocating significant | ||||||
6 | decision-making responsibility.
Such a support order shall | ||||||
7 | expire upon entry of a valid order allocating parental | ||||||
8 | responsibility differently and vacating petitioner's | ||||||
9 | significant decision-making responsibility unless | ||||||
10 | otherwise provided in the order.
| ||||||
11 | (13) Order for payment of losses. Order
respondent to | ||||||
12 | pay petitioner
for losses suffered as a direct result of | ||||||
13 | the abuse. Such losses shall
include, but not be limited | ||||||
14 | to, medical expenses, lost earnings or other
support, | ||||||
15 | repair or replacement of property damaged or taken, | ||||||
16 | reasonable
attorney's fees, court costs, and moving or | ||||||
17 | other travel expenses, including
additional reasonable | ||||||
18 | expenses for temporary shelter and restaurant meals.
| ||||||
19 | (i) Losses affecting family needs. If a party is | ||||||
20 | entitled to seek
maintenance, child support, or | ||||||
21 | property distribution from the other party
under the | ||||||
22 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
23 | now or
hereafter amended, the court may order | ||||||
24 | respondent to reimburse petitioner's
actual losses, to | ||||||
25 | the extent that such reimbursement would be | ||||||
26 | "appropriate
temporary relief", as authorized by |
| |||||||
| |||||||
1 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
2 | (ii) Recovery of expenses. In the case of an | ||||||
3 | improper concealment
or removal of a minor child, the | ||||||
4 | court may order respondent to pay the reasonable
| ||||||
5 | expenses incurred or to be incurred in the search for | ||||||
6 | and recovery of the
minor child, including, but not | ||||||
7 | limited to, legal fees, court costs, private
| ||||||
8 | investigator fees, and travel costs.
| ||||||
9 | (14) Prohibition of entry. Prohibit the respondent | ||||||
10 | from entering or
remaining in the residence or household | ||||||
11 | while the respondent is under the
influence of alcohol or | ||||||
12 | drugs and constitutes a threat to the safety and
| ||||||
13 | well-being of the petitioner or the petitioner's children.
| ||||||
14 | (14.5) Prohibition of firearm possession. | ||||||
15 | (A) A person who is subject to an existing | ||||||
16 | domestic violence order of protection issued under | ||||||
17 | this Code may not lawfully possess weapons or a | ||||||
18 | Firearm Owner's Identification Card under Section 8.2 | ||||||
19 | of the Firearm Owners Identification Card Act. | ||||||
20 | (B) Any firearms in the
possession of the | ||||||
21 | respondent, except as provided in subparagraph (C) of | ||||||
22 | this paragraph (14.5), shall be ordered by the court | ||||||
23 | to be turned
over to a person with a valid Firearm | ||||||
24 | Owner's Identification Card for safekeeping. The court | ||||||
25 | shall issue an order that the respondent comply with | ||||||
26 | Section 9.5 of the Firearm Owners Identification Card |
| |||||||
| |||||||
1 | Act. the respondent's Firearm Owner's Identification | ||||||
2 | Card be turned over to the local law enforcement | ||||||
3 | agency, which in turn shall immediately mail the card | ||||||
4 | to the Department of State Police Firearm Owner's | ||||||
5 | Identification Card Office for safekeeping.
The period | ||||||
6 | of safekeeping shall be for the duration of the | ||||||
7 | domestic violence order of protection. The firearm or | ||||||
8 | firearms and Firearm Owner's Identification Card, if | ||||||
9 | unexpired, shall at the respondent's request be | ||||||
10 | returned to the respondent at expiration of the | ||||||
11 | domestic violence order of protection.
| ||||||
12 | (C) If the respondent is a peace officer as | ||||||
13 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
14 | the court shall order that any firearms used by the
| ||||||
15 | respondent in the performance of his or her duties as a
| ||||||
16 | peace officer be surrendered to
the chief law | ||||||
17 | enforcement executive of the agency in which the | ||||||
18 | respondent is
employed, who shall retain the firearms | ||||||
19 | for safekeeping for the duration of the domestic | ||||||
20 | violence order of protection.
| ||||||
21 | (D) Upon expiration of the period of safekeeping, | ||||||
22 | if the firearms or Firearm Owner's Identification Card | ||||||
23 | cannot be returned to respondent because respondent | ||||||
24 | cannot be located, fails to respond to requests to | ||||||
25 | retrieve the firearms, or is not lawfully eligible to | ||||||
26 | possess a firearm, upon petition from the local law |
| |||||||
| |||||||
1 | enforcement agency, the court may order the local law | ||||||
2 | enforcement agency to destroy the firearms, use the | ||||||
3 | firearms for training purposes, or for any other | ||||||
4 | application as deemed appropriate by the local law | ||||||
5 | enforcement agency; or that the firearms be turned | ||||||
6 | over to a third party who is lawfully eligible to | ||||||
7 | possess firearms, and who does not reside with | ||||||
8 | respondent. | ||||||
9 | (15) Prohibition of access to records. If a domestic | ||||||
10 | violence order of protection
prohibits respondent from | ||||||
11 | having contact with the minor child,
or if petitioner's | ||||||
12 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
13 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
14 | removal or
concealment of a minor child, the order shall | ||||||
15 | deny respondent access to, and
prohibit respondent from | ||||||
16 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
17 | school or any other records of the minor child
who is in | ||||||
18 | the care of petitioner.
| ||||||
19 | (16) Order for payment of shelter services. Order | ||||||
20 | respondent to
reimburse a shelter providing temporary | ||||||
21 | housing and counseling services to
the petitioner for the | ||||||
22 | cost of the services, as certified by the shelter
and | ||||||
23 | deemed reasonable by the court.
| ||||||
24 | (17) Order for injunctive relief. Enter injunctive | ||||||
25 | relief necessary
or appropriate to prevent further abuse | ||||||
26 | of a family or household member or
to effectuate one of the |
| |||||||
| |||||||
1 | granted remedies, if supported by the balance of
| ||||||
2 | hardships. If the harm to be prevented by the injunction | ||||||
3 | is abuse or any
other harm that one of the remedies listed | ||||||
4 | in paragraphs (1) through (16)
of this subsection is | ||||||
5 | designed to prevent, no further evidence is necessary
to | ||||||
6 | establish that the harm is an irreparable injury.
| ||||||
7 | (18) Telephone services. | ||||||
8 | (A) Unless a condition described in subparagraph | ||||||
9 | (B) of this paragraph exists, the court may, upon | ||||||
10 | request by the petitioner, order a wireless telephone | ||||||
11 | service provider to transfer to the petitioner the | ||||||
12 | right to continue to use a telephone number or numbers | ||||||
13 | indicated by the petitioner and the financial | ||||||
14 | responsibility associated with the number or numbers, | ||||||
15 | as set forth in subparagraph (C) of this paragraph. In | ||||||
16 | this paragraph (18), the term "wireless telephone | ||||||
17 | service provider" means a provider of commercial | ||||||
18 | mobile service as defined in 47 U.S.C. 332. The | ||||||
19 | petitioner may request the transfer of each telephone | ||||||
20 | number that the petitioner, or a minor child in his or | ||||||
21 | her custody, uses. The clerk of the court shall serve | ||||||
22 | the order on the wireless telephone service provider's | ||||||
23 | agent for service of process provided to the Illinois | ||||||
24 | Commerce Commission. The order shall contain all of | ||||||
25 | the following: | ||||||
26 | (i) The name and billing telephone number of |
| |||||||
| |||||||
1 | the account holder including the name of the | ||||||
2 | wireless telephone service provider that serves | ||||||
3 | the account. | ||||||
4 | (ii) Each telephone number that will be | ||||||
5 | transferred. | ||||||
6 | (iii) A statement that the provider transfers | ||||||
7 | to the petitioner all financial responsibility for | ||||||
8 | and right to the use of any telephone number | ||||||
9 | transferred under this paragraph. | ||||||
10 | (B) A wireless telephone service provider shall | ||||||
11 | terminate the respondent's use of, and shall transfer | ||||||
12 | to the petitioner use of, the telephone number or | ||||||
13 | numbers indicated in subparagraph (A) of this | ||||||
14 | paragraph unless it notifies the petitioner, within 72 | ||||||
15 | hours after it receives the order, that one of the | ||||||
16 | following applies: | ||||||
17 | (i) The account holder named in the order has | ||||||
18 | terminated the account. | ||||||
19 | (ii) A difference in network technology would | ||||||
20 | prevent or impair the functionality of a device on | ||||||
21 | a network if the transfer occurs. | ||||||
22 | (iii) The transfer would cause a geographic or | ||||||
23 | other limitation on network or service provision | ||||||
24 | to the petitioner. | ||||||
25 | (iv) Another technological or operational | ||||||
26 | issue would prevent or impair the use of the |
| |||||||
| |||||||
1 | telephone number if the transfer occurs. | ||||||
2 | (C) The petitioner assumes all financial | ||||||
3 | responsibility for and right to the use of any | ||||||
4 | telephone number transferred under this paragraph. In | ||||||
5 | this paragraph, "financial responsibility" includes | ||||||
6 | monthly service costs and costs associated with any | ||||||
7 | mobile device associated with the number. | ||||||
8 | (D) A wireless telephone service provider may | ||||||
9 | apply to the petitioner its routine and customary | ||||||
10 | requirements for establishing an account or | ||||||
11 | transferring a number, including requiring the | ||||||
12 | petitioner to provide proof of identification, | ||||||
13 | financial information, and customer preferences.
| ||||||
14 | (E) Except for willful or wanton misconduct, a | ||||||
15 | wireless telephone service provider is immune from | ||||||
16 | civil liability for its actions taken in compliance | ||||||
17 | with a court order issued under this paragraph. | ||||||
18 | (F) All wireless service providers that provide | ||||||
19 | services to residential customers shall provide to the | ||||||
20 | Illinois Commerce Commission the name and address of | ||||||
21 | an agent for service of orders entered under this | ||||||
22 | paragraph (18). Any change in status of the registered | ||||||
23 | agent must be reported to the Illinois Commerce | ||||||
24 | Commission within 30 days of such change. | ||||||
25 | (G) The Illinois Commerce Commission shall | ||||||
26 | maintain the list of registered agents for service for |
| |||||||
| |||||||
1 | each wireless telephone service provider on the | ||||||
2 | Commission's website. The Commission may consult with | ||||||
3 | wireless telephone service providers and the Circuit | ||||||
4 | Court Clerks on the manner in which this information | ||||||
5 | is provided and displayed. | ||||||
6 | (c) Relevant factors; findings.
| ||||||
7 | (1) In determining whether to grant a
specific remedy, | ||||||
8 | other than payment of support, the
court shall consider | ||||||
9 | relevant factors, including, but not limited to, the
| ||||||
10 | following:
| ||||||
11 | (i) the nature, frequency, severity, pattern, and | ||||||
12 | consequences of the
respondent's past abuse of the | ||||||
13 | petitioner or any family or household
member, | ||||||
14 | including the concealment of his or her location in | ||||||
15 | order to evade
service of process or notice, and the | ||||||
16 | likelihood of danger of future abuse to
petitioner or
| ||||||
17 | any member of petitioner's or respondent's family or | ||||||
18 | household; and
| ||||||
19 | (ii) the danger that any minor child will be | ||||||
20 | abused or neglected or
improperly relocated from the | ||||||
21 | jurisdiction, improperly concealed within the
State, | ||||||
22 | or improperly separated from the child's primary | ||||||
23 | caretaker.
| ||||||
24 | (2) In comparing relative hardships resulting to the | ||||||
25 | parties from loss
of possession of the family home, the | ||||||
26 | court shall consider relevant
factors, including, but not |
| |||||||
| |||||||
1 | limited to, the following:
| ||||||
2 | (i) availability, accessibility, cost, safety, | ||||||
3 | adequacy, location, and other
characteristics of | ||||||
4 | alternate housing for each party and any minor child | ||||||
5 | or
dependent adult in the party's care;
| ||||||
6 | (ii) the effect on the party's employment; and
| ||||||
7 | (iii) the effect on the relationship of the party, | ||||||
8 | and any minor
child or dependent adult in the party's | ||||||
9 | care, to family, school, church,
and community.
| ||||||
10 | (3) Subject to the exceptions set forth in paragraph | ||||||
11 | (4) of this
subsection (c), the court shall make its | ||||||
12 | findings in an official record or in
writing, and shall at | ||||||
13 | a minimum set forth the following:
| ||||||
14 | (i) That the court has considered the applicable | ||||||
15 | relevant factors
described in paragraphs (1) and (2) | ||||||
16 | of this subsection (c).
| ||||||
17 | (ii) Whether the conduct or actions of respondent, | ||||||
18 | unless
prohibited, will likely cause irreparable harm | ||||||
19 | or continued abuse.
| ||||||
20 | (iii) Whether it is necessary to grant the | ||||||
21 | requested relief in order
to protect petitioner or | ||||||
22 | other alleged abused persons.
| ||||||
23 | (4) (Blank).
| ||||||
24 | (5) Never married parties. No rights or | ||||||
25 | responsibilities for a minor
child born outside of | ||||||
26 | marriage attach to a putative father until a father and
|
| |||||||
| |||||||
1 | child relationship has been established under the Illinois | ||||||
2 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
3 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
4 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
5 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
6 | the Expedited Child Support Act of 1990, any judicial, | ||||||
7 | administrative, or other act of another state or | ||||||
8 | territory, any other statute of this State, or by any | ||||||
9 | foreign nation establishing the father and child | ||||||
10 | relationship, any other proceeding substantially in | ||||||
11 | conformity with the federal Personal Responsibility and | ||||||
12 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
13 | parties appeared in open court or at an administrative | ||||||
14 | hearing acknowledging under oath or admitting by | ||||||
15 | affirmation the existence of a father and child | ||||||
16 | relationship. Absent such an adjudication, no putative | ||||||
17 | father shall be granted
temporary allocation of parental | ||||||
18 | responsibilities, including parenting time with the minor | ||||||
19 | child, or
physical care
and possession of the minor child, | ||||||
20 | nor shall
an order of payment for support of the minor | ||||||
21 | child be entered.
| ||||||
22 | (d) Balance of hardships; findings. If the court finds | ||||||
23 | that the balance
of hardships does not support the granting of | ||||||
24 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
25 | subsection (b) of this Section,
which may require such | ||||||
26 | balancing, the court's findings shall so
indicate and shall |
| |||||||
| |||||||
1 | include a finding as to whether granting the remedy will
| ||||||
2 | result in hardship to respondent that would substantially | ||||||
3 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
4 | The findings shall be an official record or in
writing.
| ||||||
5 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
6 | based, in
whole or in part, on evidence that:
| ||||||
7 | (1) respondent has cause for any use of force, unless | ||||||
8 | that cause
satisfies the standards for justifiable use of | ||||||
9 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
10 | (2) respondent was voluntarily intoxicated;
| ||||||
11 | (3) petitioner acted in self-defense or defense of | ||||||
12 | another, provided
that, if petitioner utilized force, such | ||||||
13 | force was justifiable under
Article 7 of the Criminal Code | ||||||
14 | of 2012;
| ||||||
15 | (4) petitioner did not act in self-defense or defense | ||||||
16 | of another;
| ||||||
17 | (5) petitioner left the residence or household to | ||||||
18 | avoid further abuse
by respondent;
| ||||||
19 | (6) petitioner did not leave the residence or | ||||||
20 | household to avoid further
abuse by respondent; or
| ||||||
21 | (7) conduct by any family or household member excused | ||||||
22 | the abuse by
respondent, unless that same conduct would | ||||||
23 | have excused such abuse if the
parties had not been family | ||||||
24 | or household members.
| ||||||
25 | (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; | ||||||
26 | 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. |
| |||||||
| |||||||
1 | 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
2 | Section 40. The Unified Code of Corrections is amended by | ||||||
3 | changing Section 5-4-3a as follows: | ||||||
4 | (730 ILCS 5/5-4-3a) | ||||||
5 | Sec. 5-4-3a. DNA testing backlog accountability. | ||||||
6 | (a) On or before August 1 of each year, the Department of | ||||||
7 | State Police shall report to the Governor and both houses of | ||||||
8 | the General Assembly the following information: | ||||||
9 | (1) the extent of the backlog of cases awaiting | ||||||
10 | testing or awaiting DNA analysis by that Department, | ||||||
11 | including but not limited to those tests conducted under | ||||||
12 | Section 5-4-3, as of June 30 of the previous fiscal year, | ||||||
13 | with the backlog being defined as all cases awaiting | ||||||
14 | forensic testing whether in the physical custody of the | ||||||
15 | State Police or in the physical custody of local law | ||||||
16 | enforcement, provided that the State Police have written | ||||||
17 | notice of any evidence in the physical custody of local | ||||||
18 | law enforcement prior to June 1 of that year; and | ||||||
19 | (2) what measures have been and are being taken to | ||||||
20 | reduce that backlog and the estimated costs or | ||||||
21 | expenditures in doing so. | ||||||
22 | (b) The information reported under this Section shall be | ||||||
23 | made available to the public, at the time it is reported, on | ||||||
24 | the official web site of the Department of State Police.
|
| |||||||
| |||||||
1 | (c) Beginning January 1, 2016, the Department of State | ||||||
2 | Police shall quarterly report on the status of the processing | ||||||
3 | of forensic biology and DNA evidence submitted to the | ||||||
4 | Department of State Police Laboratory for analysis. The report | ||||||
5 | shall be submitted to the Governor and the General Assembly, | ||||||
6 | and shall be posted on the Department of State Police website. | ||||||
7 | The report shall include the following for each State Police | ||||||
8 | Laboratory location and any laboratory to which the Department | ||||||
9 | of State Police has outsourced evidence for testing: | ||||||
10 | (1) For forensic biology submissions, report both | ||||||
11 | total case and sexual assault or abuse case (as defined by | ||||||
12 | the Sexual Assault Evidence Submission Act) figures for: | ||||||
13 | (A) The number of cases received in the preceding | ||||||
14 | quarter. | ||||||
15 | (B) The number of cases completed in the preceding | ||||||
16 | quarter. | ||||||
17 | (C) The number of cases waiting analysis. | ||||||
18 | (D) The number of cases sent for outsourcing. | ||||||
19 | (E) The number of cases waiting analysis that were | ||||||
20 | received within the past 30 days. | ||||||
21 | (F) The number of cases waiting analysis that were | ||||||
22 | received 31 to 90 days prior. | ||||||
23 | (G) The number of cases waiting analysis that were | ||||||
24 | received 91 to 180 days prior. | ||||||
25 | (H) The number of cases waiting analysis that were | ||||||
26 | received 181 to 365 days prior. |
| |||||||
| |||||||
1 | (I) The number of cases waiting analysis that were | ||||||
2 | received more than 365 days prior. | ||||||
3 | (J) The number of cases forwarded for DNA | ||||||
4 | analyses. | ||||||
5 | (2) For DNA submissions, report both total case and | ||||||
6 | sexual assault or abuse case (as defined by the Sexual | ||||||
7 | Assault Evidence Submission Act) figures for: | ||||||
8 | (A) The number of cases received in the preceding | ||||||
9 | quarter. | ||||||
10 | (B) The number of cases completed in the preceding | ||||||
11 | quarter. | ||||||
12 | (C) The number of cases waiting analysis. | ||||||
13 | (D) The number of cases sent for outsourcing. | ||||||
14 | (E) The number of cases waiting analysis that were | ||||||
15 | received within the past 30 days. | ||||||
16 | (F) The number of cases waiting analysis that were | ||||||
17 | received 31 to 90 days prior. | ||||||
18 | (G) The number of cases waiting analysis that were | ||||||
19 | received 91 to 180 days prior. | ||||||
20 | (H) The number of cases waiting analysis that were | ||||||
21 | received 181 to 365 days prior. | ||||||
22 | (I) The number of cases waiting analysis that were | ||||||
23 | received more than 365 days prior. | ||||||
24 | (3) For all other categories of testing (e.g., drug | ||||||
25 | chemistry, firearms/toolmark, footwear/tire track, latent | ||||||
26 | prints, toxicology, and trace chemistry analysis): |
| |||||||
| |||||||
1 | (A) The number of cases received in the preceding | ||||||
2 | quarter. | ||||||
3 | (B) The number of cases completed in the preceding | ||||||
4 | quarter. | ||||||
5 | (C) The number of cases waiting analysis. | ||||||
6 | (D) The number of cases entered in the National | ||||||
7 | Integrated Ballistic Information Network (NIBIN). | ||||||
8 | (E) The number of investigative leads developed | ||||||
9 | from National Integrated Ballistic Information Network | ||||||
10 | (NIBIN) analysis. | ||||||
11 | (4) For the Combined DNA Index System (CODIS), report | ||||||
12 | both total case and sexual assault or abuse case (as | ||||||
13 | defined by the Sexual Assault Evidence Submission Act) | ||||||
14 | figures for subparagraphs (D), (E), and (F) of this | ||||||
15 | paragraph (4): | ||||||
16 | (A) The number of new offender samples received in | ||||||
17 | the preceding quarter. | ||||||
18 | (B) The number of offender samples uploaded to | ||||||
19 | CODIS in the preceding quarter. | ||||||
20 | (C) The number of offender samples awaiting | ||||||
21 | analysis. | ||||||
22 | (D) The number of unknown DNA case profiles | ||||||
23 | uploaded to CODIS in the preceding quarter. | ||||||
24 | (E) The number of CODIS hits in the preceding | ||||||
25 | quarter. | ||||||
26 | (F) The number of forensic evidence submissions |
| |||||||
| |||||||
1 | submitted to confirm a previously reported CODIS hit. | ||||||
2 | (5) For each category of testing, report the number of | ||||||
3 | trained forensic scientists and the number of forensic | ||||||
4 | scientists in training. | ||||||
5 | As used in this subsection (c), "completed" means | ||||||
6 | completion of both the analysis of the evidence and the | ||||||
7 | provision of the results to the submitting law enforcement | ||||||
8 | agency. | ||||||
9 | (d) The provisions of this subsection (d), other than this | ||||||
10 | sentence, are inoperative on and after January 1, 2019 or 2 | ||||||
11 | years after the effective date of this amendatory Act of the | ||||||
12 | 99th General Assembly, whichever is later. In consultation | ||||||
13 | with and subject to the approval of the Chief Procurement | ||||||
14 | Officer, the Department of State Police may obtain contracts | ||||||
15 | for services, commodities, and equipment to assist in the | ||||||
16 | timely completion of forensic biology, DNA, drug chemistry, | ||||||
17 | firearms/toolmark, footwear/tire track, latent prints, | ||||||
18 | toxicology, microscopy, trace chemistry, and Combined DNA | ||||||
19 | Index System (CODIS) analysis. Contracts to support the | ||||||
20 | delivery of timely forensic science services are not subject | ||||||
21 | to the provisions of the Illinois Procurement Code, except for | ||||||
22 | Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of | ||||||
23 | that Code, provided that the Chief Procurement Officer may, in | ||||||
24 | writing with justification, waive any certification required | ||||||
25 | under Article 50 of the Illinois Procurement Code. For any | ||||||
26 | contracts for services which are currently provided by members |
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1 | of a collective bargaining agreement, the applicable terms of | ||||||
2 | the collective bargaining agreement concerning subcontracting | ||||||
3 | shall be followed. | ||||||
4 | (Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17 .) | ||||||
5 | Section 90. Illinois State Police; adoption of rules. The | ||||||
6 | Illinois State Police shall adopt rules to implement this Act. | ||||||
7 | Section 95. No acceleration or delay. Where this Act makes | ||||||
8 | changes in a statute that is represented in this Act by text | ||||||
9 | that is not yet or no longer in effect (for example, a Section | ||||||
10 | represented by multiple versions), the use of that text does | ||||||
11 | not accelerate or delay the taking effect of (i) the changes | ||||||
12 | made by this Act or (ii) provisions derived from any other | ||||||
13 | Public Act. | ||||||
14 | Section 99. Effective date. This Act takes effect on | ||||||
15 | January 1, 2022, except that the amendatory changes to Section | ||||||
16 | 3 of the Firearm Owners Identification Card Act take effect | ||||||
17 | January 1, 2024.".
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