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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 1. This Act may be referred to as the Fix the FOID | ||||||
5 | Act. | ||||||
6 | Section 3. The Open Meetings Act is amended by changing | ||||||
7 | Section 2 as follows:
| ||||||
8 | (5 ILCS 120/2) (from Ch. 102, par. 42)
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9 | Sec. 2. Open meetings.
| ||||||
10 | (a) Openness required. All meetings of public
bodies shall | ||||||
11 | be open to the public unless excepted in subsection (c)
and | ||||||
12 | closed in accordance with Section 2a.
| ||||||
13 | (b) Construction of exceptions. The exceptions contained | ||||||
14 | in subsection
(c) are in derogation of the requirement that | ||||||
15 | public bodies
meet in the open, and therefore, the exceptions | ||||||
16 | are to be strictly
construed, extending only to subjects | ||||||
17 | clearly within their scope.
The exceptions authorize but do | ||||||
18 | not require the holding of
a closed meeting to discuss a | ||||||
19 | subject included within an enumerated exception.
| ||||||
20 | (c) Exceptions. A public body may hold closed meetings to | ||||||
21 | consider the
following subjects:
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22 | (1) The appointment, employment, compensation, |
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1 | discipline, performance,
or dismissal of specific | ||||||
2 | employees, specific individuals who serve as independent | ||||||
3 | contractors in a park, recreational, or educational | ||||||
4 | setting, or specific volunteers of the public body or | ||||||
5 | legal counsel for
the public body, including hearing
| ||||||
6 | testimony on a complaint lodged against an employee, a | ||||||
7 | specific individual who serves as an independent | ||||||
8 | contractor in a park, recreational, or educational | ||||||
9 | setting, or a volunteer of the public body or
against | ||||||
10 | legal counsel for the public body to determine its | ||||||
11 | validity. However, a meeting to consider an increase in | ||||||
12 | compensation to a specific employee of a public body that | ||||||
13 | is subject to the Local Government Wage Increase | ||||||
14 | Transparency Act may not be closed and shall be open to the | ||||||
15 | public and posted and held in accordance with this Act.
| ||||||
16 | (2) Collective negotiating matters between the public | ||||||
17 | body and its
employees or their representatives, or | ||||||
18 | deliberations concerning salary
schedules for one or more | ||||||
19 | classes of employees.
| ||||||
20 | (3) The selection of a person to fill a public office,
| ||||||
21 | as defined in this Act, including a vacancy in a public | ||||||
22 | office, when the public
body is given power to appoint | ||||||
23 | under law or ordinance, or the discipline,
performance or | ||||||
24 | removal of the occupant of a public office, when the | ||||||
25 | public body
is given power to remove the occupant under | ||||||
26 | law or ordinance.
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1 | (4) Evidence or testimony presented in open hearing, | ||||||
2 | or in closed
hearing where specifically authorized by law, | ||||||
3 | to
a quasi-adjudicative body, as defined in this Act, | ||||||
4 | provided that the body
prepares and makes available for | ||||||
5 | public inspection a written decision
setting forth its | ||||||
6 | determinative reasoning.
| ||||||
7 | (5) The purchase or lease of real property for the use | ||||||
8 | of
the public body, including meetings held for the | ||||||
9 | purpose of discussing
whether a particular parcel should | ||||||
10 | be acquired.
| ||||||
11 | (6) The setting of a price for sale or lease of | ||||||
12 | property owned
by the public body.
| ||||||
13 | (7) The sale or purchase of securities, investments, | ||||||
14 | or investment
contracts. This exception shall not apply to | ||||||
15 | the investment of assets or income of funds deposited into | ||||||
16 | the Illinois Prepaid Tuition Trust Fund.
| ||||||
17 | (8) Security procedures, school building safety and | ||||||
18 | security, and the use of personnel and
equipment to | ||||||
19 | respond to an actual, a threatened, or a reasonably
| ||||||
20 | potential danger to the safety of employees, students, | ||||||
21 | staff, the public, or
public
property.
| ||||||
22 | (9) Student disciplinary cases.
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23 | (10) The placement of individual students in special | ||||||
24 | education
programs and other matters relating to | ||||||
25 | individual students.
| ||||||
26 | (11) Litigation, when an action against, affecting or |
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1 | on behalf of the
particular public body has been filed and | ||||||
2 | is pending before a court or
administrative tribunal, or | ||||||
3 | when the public body finds that an action is
probable or | ||||||
4 | imminent, in which case the basis for the finding shall be
| ||||||
5 | recorded and entered into the minutes of the closed | ||||||
6 | meeting.
| ||||||
7 | (12) The establishment of reserves or settlement of | ||||||
8 | claims as provided
in the Local Governmental and | ||||||
9 | Governmental Employees Tort Immunity Act, if
otherwise the | ||||||
10 | disposition of a claim or potential claim might be
| ||||||
11 | prejudiced, or the review or discussion of claims, loss or | ||||||
12 | risk management
information, records, data, advice or | ||||||
13 | communications from or with respect
to any insurer of the | ||||||
14 | public body or any intergovernmental risk management
| ||||||
15 | association or self insurance pool of which the public | ||||||
16 | body is a member.
| ||||||
17 | (13) Conciliation of complaints of discrimination in | ||||||
18 | the sale or rental
of housing, when closed meetings are | ||||||
19 | authorized by the law or ordinance
prescribing fair | ||||||
20 | housing practices and creating a commission or
| ||||||
21 | administrative agency for their enforcement.
| ||||||
22 | (14) Informant sources, the hiring or assignment of | ||||||
23 | undercover personnel
or equipment, or ongoing, prior or | ||||||
24 | future criminal investigations, when
discussed by a public | ||||||
25 | body with criminal investigatory responsibilities.
| ||||||
26 | (15) Professional ethics or performance when |
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1 | considered by an advisory
body appointed to advise a | ||||||
2 | licensing or regulatory agency on matters
germane to the | ||||||
3 | advisory body's field of competence.
| ||||||
4 | (16) Self evaluation, practices and procedures or | ||||||
5 | professional ethics,
when meeting with a representative of | ||||||
6 | a statewide association of which the
public body is a | ||||||
7 | member.
| ||||||
8 | (17) The recruitment, credentialing, discipline or | ||||||
9 | formal peer review
of physicians or other
health care | ||||||
10 | professionals, or for the discussion of matters protected | ||||||
11 | under the federal Patient Safety and Quality Improvement | ||||||
12 | Act of 2005, and the regulations promulgated thereunder, | ||||||
13 | including 42 C.F.R. Part 3 (73 FR 70732), or the federal | ||||||
14 | Health Insurance Portability and Accountability Act of | ||||||
15 | 1996, and the regulations promulgated thereunder, | ||||||
16 | including 45 C.F.R. Parts 160, 162, and 164, by a | ||||||
17 | hospital, or
other institution providing medical care, | ||||||
18 | that is operated by the public body.
| ||||||
19 | (18) Deliberations for decisions of the Prisoner | ||||||
20 | Review Board.
| ||||||
21 | (19) Review or discussion of applications received | ||||||
22 | under the
Experimental Organ Transplantation Procedures | ||||||
23 | Act.
| ||||||
24 | (20) The classification and discussion of matters | ||||||
25 | classified as
confidential or continued confidential by | ||||||
26 | the State Government Suggestion Award
Board.
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| |||||||
1 | (21) Discussion of minutes of meetings lawfully closed | ||||||
2 | under this Act,
whether for purposes of approval by the | ||||||
3 | body of the minutes or semi-annual
review of the minutes | ||||||
4 | as mandated by Section 2.06.
| ||||||
5 | (22) Deliberations for decisions of the State
| ||||||
6 | Emergency Medical Services Disciplinary
Review Board.
| ||||||
7 | (23) The operation by a municipality of a municipal | ||||||
8 | utility or the
operation of a
municipal power agency or | ||||||
9 | municipal natural gas agency when the
discussion involves | ||||||
10 | (i) contracts relating to the
purchase, sale, or delivery | ||||||
11 | of electricity or natural gas or (ii) the results
or | ||||||
12 | conclusions of load forecast studies.
| ||||||
13 | (24) Meetings of a residential health care facility | ||||||
14 | resident sexual
assault and death review
team or
the | ||||||
15 | Executive
Council under the Abuse Prevention Review
Team | ||||||
16 | Act.
| ||||||
17 | (25) Meetings of an independent team of experts under | ||||||
18 | Brian's Law. | ||||||
19 | (26) Meetings of a mortality review team appointed | ||||||
20 | under the Department of Juvenile Justice Mortality Review | ||||||
21 | Team Act. | ||||||
22 | (27) (Blank). | ||||||
23 | (28) Correspondence and records (i) that may not be | ||||||
24 | disclosed under Section 11-9 of the Illinois Public Aid | ||||||
25 | Code or (ii) that pertain to appeals under Section 11-8 of | ||||||
26 | the Illinois Public Aid Code. |
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| |||||||
1 | (29) Meetings between internal or external auditors | ||||||
2 | and governmental audit committees, finance committees, and | ||||||
3 | their equivalents, when the discussion involves internal | ||||||
4 | control weaknesses, identification of potential fraud risk | ||||||
5 | areas, known or suspected frauds, and fraud interviews | ||||||
6 | conducted in accordance with generally accepted auditing | ||||||
7 | standards of the United States of America. | ||||||
8 | (30) Those meetings or portions of meetings of a | ||||||
9 | fatality review team or the Illinois Fatality Review Team | ||||||
10 | Advisory Council during which a review of the death of an | ||||||
11 | eligible adult in which abuse or neglect is suspected, | ||||||
12 | alleged, or substantiated is conducted pursuant to Section | ||||||
13 | 15 of the Adult Protective Services Act. | ||||||
14 | (31) Meetings and deliberations for decisions of the | ||||||
15 | Concealed Carry Licensing Review Board under the Firearm | ||||||
16 | Concealed Carry Act. | ||||||
17 | (32) Meetings between the Regional Transportation | ||||||
18 | Authority Board and its Service Boards when the discussion | ||||||
19 | involves review by the Regional Transportation Authority | ||||||
20 | Board of employment contracts under Section 28d of the | ||||||
21 | Metropolitan Transit Authority Act and Sections 3A.18 and | ||||||
22 | 3B.26 of the Regional Transportation Authority Act. | ||||||
23 | (33) Those meetings or portions of meetings of the | ||||||
24 | advisory committee and peer review subcommittee created | ||||||
25 | under Section 320 of the Illinois Controlled Substances | ||||||
26 | Act during which specific controlled substance prescriber, |
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1 | dispenser, or patient information is discussed. | ||||||
2 | (34) Meetings of the Tax Increment Financing Reform | ||||||
3 | Task Force under Section 2505-800 of the Department of | ||||||
4 | Revenue Law of the Civil Administrative Code of Illinois. | ||||||
5 | (35) Meetings of the group established to discuss | ||||||
6 | Medicaid capitation rates under Section 5-30.8 of the | ||||||
7 | Illinois Public Aid Code. | ||||||
8 | (36) Those deliberations or portions of deliberations | ||||||
9 | for decisions of the Illinois Gaming Board in which there | ||||||
10 | is discussed any of the following: (i) personal, | ||||||
11 | commercial, financial, or other information obtained from | ||||||
12 | any source that is privileged, proprietary, confidential, | ||||||
13 | or a trade secret; or (ii) information specifically | ||||||
14 | exempted from the disclosure by federal or State law. | ||||||
15 | (37) Meetings of the Firearm Owner's Identification
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16 | Card Review Board under Section 10 of the Firearm Owners
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17 | Identification Card Act. | ||||||
18 | (d) Definitions. For purposes of this Section:
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19 | "Employee" means a person employed by a public body whose | ||||||
20 | relationship
with the public body constitutes an | ||||||
21 | employer-employee relationship under
the usual common law | ||||||
22 | rules, and who is not an independent contractor.
| ||||||
23 | "Public office" means a position created by or under the
| ||||||
24 | Constitution or laws of this State, the occupant of which is | ||||||
25 | charged with
the exercise of some portion of the sovereign | ||||||
26 | power of this State. The term
"public office" shall include |
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1 | members of the public body, but it shall not
include | ||||||
2 | organizational positions filled by members thereof, whether
| ||||||
3 | established by law or by a public body itself, that exist to | ||||||
4 | assist the
body in the conduct of its business.
| ||||||
5 | "Quasi-adjudicative body" means an administrative body | ||||||
6 | charged by law or
ordinance with the responsibility to conduct | ||||||
7 | hearings, receive evidence or
testimony and make | ||||||
8 | determinations based
thereon, but does not include
local | ||||||
9 | electoral boards when such bodies are considering petition | ||||||
10 | challenges.
| ||||||
11 | (e) Final action. No final action may be taken at a closed | ||||||
12 | meeting.
Final action shall be preceded by a public recital of | ||||||
13 | the nature of the
matter being considered and other | ||||||
14 | information that will inform the
public of the business being | ||||||
15 | conducted.
| ||||||
16 | (Source: P.A. 100-201, eff. 8-18-17; 100-465, eff. 8-31-17; | ||||||
17 | 100-646, eff. 7-27-18; 101-31, eff. 6-28-19; 101-459, eff. | ||||||
18 | 8-23-19; revised 9-27-19.)
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19 | Section 5. The Freedom of Information Act is amended by | ||||||
20 | changing Section 7.5 as follows: | ||||||
21 | (5 ILCS 140/7.5) | ||||||
22 | Sec. 7.5. Statutory exemptions. To the extent provided for | ||||||
23 | by the statutes referenced below, the following shall be | ||||||
24 | exempt from inspection and copying: |
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1 | (a) All information determined to be confidential | ||||||
2 | under Section 4002 of the Technology Advancement and | ||||||
3 | Development Act. | ||||||
4 | (b) Library circulation and order records identifying | ||||||
5 | library users with specific materials under the Library | ||||||
6 | Records Confidentiality Act. | ||||||
7 | (c) Applications, related documents, and medical | ||||||
8 | records received by the Experimental Organ Transplantation | ||||||
9 | Procedures Board and any and all documents or other | ||||||
10 | records prepared by the Experimental Organ Transplantation | ||||||
11 | Procedures Board or its staff relating to applications it | ||||||
12 | has received. | ||||||
13 | (d) Information and records held by the Department of | ||||||
14 | Public Health and its authorized representatives relating | ||||||
15 | to known or suspected cases of sexually transmissible | ||||||
16 | disease or any information the disclosure of which is | ||||||
17 | restricted under the Illinois Sexually Transmissible | ||||||
18 | Disease Control Act. | ||||||
19 | (e) Information the disclosure of which is exempted | ||||||
20 | under Section 30 of the Radon Industry Licensing Act. | ||||||
21 | (f) Firm performance evaluations under Section 55 of | ||||||
22 | the Architectural, Engineering, and Land Surveying | ||||||
23 | Qualifications Based Selection Act. | ||||||
24 | (g) Information the disclosure of which is restricted | ||||||
25 | and exempted under Section 50 of the Illinois Prepaid | ||||||
26 | Tuition Act. |
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1 | (h) Information the disclosure of which is exempted | ||||||
2 | under the State Officials and Employees Ethics Act, and | ||||||
3 | records of any lawfully created State or local inspector | ||||||
4 | general's office that would be exempt if created or | ||||||
5 | obtained by an Executive Inspector General's office under | ||||||
6 | that Act. | ||||||
7 | (i) Information contained in a local emergency energy | ||||||
8 | plan submitted to a municipality in accordance with a | ||||||
9 | local emergency energy plan ordinance that is adopted | ||||||
10 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
11 | (j) Information and data concerning the distribution | ||||||
12 | of surcharge moneys collected and remitted by carriers | ||||||
13 | under the Emergency Telephone System Act. | ||||||
14 | (k) Law enforcement officer identification information | ||||||
15 | or driver identification information compiled by a law | ||||||
16 | enforcement agency or the Department of Transportation | ||||||
17 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
18 | (l) Records and information provided to a residential | ||||||
19 | health care facility resident sexual assault and death | ||||||
20 | review team or the Executive Council under the Abuse | ||||||
21 | Prevention Review Team Act. | ||||||
22 | (m) Information provided to the predatory lending | ||||||
23 | database created pursuant to Article 3 of the Residential | ||||||
24 | Real Property Disclosure Act, except to the extent | ||||||
25 | authorized under that Article. | ||||||
26 | (n) Defense budgets and petitions for certification of |
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1 | compensation and expenses for court appointed trial | ||||||
2 | counsel as provided under Sections 10 and 15 of the | ||||||
3 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
4 | apply until the conclusion of the trial of the case, even | ||||||
5 | if the prosecution chooses not to pursue the death penalty | ||||||
6 | prior to trial or sentencing. | ||||||
7 | (o) Information that is prohibited from being | ||||||
8 | disclosed under Section 4 of the Illinois Health and | ||||||
9 | Hazardous Substances Registry Act. | ||||||
10 | (p) Security portions of system safety program plans, | ||||||
11 | investigation reports, surveys, schedules, lists, data, or | ||||||
12 | information compiled, collected, or prepared by or for the | ||||||
13 | Regional Transportation Authority under Section 2.11 of | ||||||
14 | the Regional Transportation Authority Act or the St. Clair | ||||||
15 | County Transit District under the Bi-State Transit Safety | ||||||
16 | Act. | ||||||
17 | (q) Information prohibited from being disclosed by the | ||||||
18 | Personnel Record Review Act. | ||||||
19 | (r) Information prohibited from being disclosed by the | ||||||
20 | Illinois School Student Records Act. | ||||||
21 | (s) Information the disclosure of which is restricted | ||||||
22 | under Section 5-108 of the Public Utilities Act.
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23 | (t) All identified or deidentified health information | ||||||
24 | in the form of health data or medical records contained | ||||||
25 | in, stored in, submitted to, transferred by, or released | ||||||
26 | from the Illinois Health Information Exchange, and |
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1 | identified or deidentified health information in the form | ||||||
2 | of health data and medical records of the Illinois Health | ||||||
3 | Information Exchange in the possession of the Illinois | ||||||
4 | Health Information Exchange Office due to its | ||||||
5 | administration of the Illinois Health Information | ||||||
6 | Exchange. The terms "identified" and "deidentified" shall | ||||||
7 | be given the same meaning as in the Health Insurance | ||||||
8 | Portability and Accountability Act of 1996, Public Law | ||||||
9 | 104-191, or any subsequent amendments thereto, and any | ||||||
10 | regulations promulgated thereunder. | ||||||
11 | (u) Records and information provided to an independent | ||||||
12 | team of experts under the Developmental Disability and | ||||||
13 | Mental Health Safety Act (also known as Brian's Law). | ||||||
14 | (v) Names and information of people who have applied | ||||||
15 | for or received Firearm Owner's Identification Cards under | ||||||
16 | the Firearm Owners Identification Card Act or applied for | ||||||
17 | or received a concealed carry license under the Firearm | ||||||
18 | Concealed Carry Act, unless otherwise authorized by the | ||||||
19 | Firearm Concealed Carry Act; and databases under the | ||||||
20 | Firearm Concealed Carry Act, records of the Concealed | ||||||
21 | Carry Licensing Review Board under the Firearm Concealed | ||||||
22 | Carry Act, and law enforcement agency objections under the | ||||||
23 | Firearm Concealed Carry Act. | ||||||
24 | (v-5) Records of the Firearm Owner's Identification
| ||||||
25 | Card Review Board that are exempted from disclosure under
| ||||||
26 | Section 10 of the Firearm Owners Identification Card Act. |
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1 | (w) Personally identifiable information which is | ||||||
2 | exempted from disclosure under subsection (g) of Section | ||||||
3 | 19.1 of the Toll Highway Act. | ||||||
4 | (x) Information which is exempted from disclosure | ||||||
5 | under Section 5-1014.3 of the Counties Code or Section | ||||||
6 | 8-11-21 of the Illinois Municipal Code. | ||||||
7 | (y) Confidential information under the Adult | ||||||
8 | Protective Services Act and its predecessor enabling | ||||||
9 | statute, the Elder Abuse and Neglect Act, including | ||||||
10 | information about the identity and administrative finding | ||||||
11 | against any caregiver of a verified and substantiated | ||||||
12 | decision of abuse, neglect, or financial exploitation of | ||||||
13 | an eligible adult maintained in the Registry established | ||||||
14 | under Section 7.5 of the Adult Protective Services Act. | ||||||
15 | (z) Records and information provided to a fatality | ||||||
16 | review team or the Illinois Fatality Review Team Advisory | ||||||
17 | Council under Section 15 of the Adult Protective Services | ||||||
18 | Act. | ||||||
19 | (aa) Information which is exempted from disclosure | ||||||
20 | under Section 2.37 of the Wildlife Code. | ||||||
21 | (bb) Information which is or was prohibited from | ||||||
22 | disclosure by the Juvenile Court Act of 1987. | ||||||
23 | (cc) Recordings made under the Law Enforcement | ||||||
24 | Officer-Worn Body Camera Act, except to the extent | ||||||
25 | authorized under that Act. | ||||||
26 | (dd) Information that is prohibited from being |
| |||||||
| |||||||
1 | disclosed under Section 45 of the Condominium and Common | ||||||
2 | Interest Community Ombudsperson Act. | ||||||
3 | (ee) Information that is exempted from disclosure | ||||||
4 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
5 | (ff) Information that is exempted from disclosure | ||||||
6 | under the Revised Uniform Unclaimed Property Act. | ||||||
7 | (gg) Information that is prohibited from being | ||||||
8 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
9 | Code. | ||||||
10 | (hh) Records that are exempt from disclosure under | ||||||
11 | Section 1A-16.7 of the Election Code. | ||||||
12 | (ii) Information which is exempted from disclosure | ||||||
13 | under Section 2505-800 of the Department of Revenue Law of | ||||||
14 | the Civil Administrative Code of Illinois. | ||||||
15 | (jj) Information and reports that are required to be | ||||||
16 | submitted to the Department of Labor by registering day | ||||||
17 | and temporary labor service agencies but are exempt from | ||||||
18 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
19 | and Temporary Labor Services Act. | ||||||
20 | (kk) Information prohibited from disclosure under the | ||||||
21 | Seizure and Forfeiture Reporting Act. | ||||||
22 | (ll) Information the disclosure of which is restricted | ||||||
23 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
24 | Aid Code. | ||||||
25 | (mm) Records that are exempt from disclosure under | ||||||
26 | Section 4.2 of the Crime Victims Compensation Act. |
| |||||||
| |||||||
1 | (nn) Information that is exempt from disclosure under | ||||||
2 | Section 70 of the Higher Education Student Assistance Act. | ||||||
3 | (oo) Communications, notes, records, and reports | ||||||
4 | arising out of a peer support counseling session | ||||||
5 | prohibited from disclosure under the First Responders | ||||||
6 | Suicide Prevention Act. | ||||||
7 | (pp) Names and all identifying information relating to | ||||||
8 | an employee of an emergency services provider or law | ||||||
9 | enforcement agency under the First Responders Suicide | ||||||
10 | Prevention Act. | ||||||
11 | (qq) Information and records held by the Department of | ||||||
12 | Public Health and its authorized representatives collected | ||||||
13 | under the Reproductive Health Act. | ||||||
14 | (rr) Information that is exempt from disclosure under | ||||||
15 | the Cannabis Regulation and Tax Act. | ||||||
16 | (ss) Data reported by an employer to the Department of | ||||||
17 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
18 | Human Rights Act. | ||||||
19 | (tt) Recordings made under the Children's Advocacy | ||||||
20 | Center Act, except to the extent authorized under that | ||||||
21 | Act. | ||||||
22 | (uu) Information that is exempt from disclosure under | ||||||
23 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
24 | (vv) Information that is exempt from disclosure under | ||||||
25 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
26 | Public Aid Code. |
| |||||||
| |||||||
1 | (ww) Information that is exempt from disclosure under | ||||||
2 | Section 16.8 of the State Treasurer Act. | ||||||
3 | (xx) Information that is exempt from disclosure or | ||||||
4 | information that shall not be made public under the | ||||||
5 | Illinois Insurance Code. | ||||||
6 | (yy) Information prohibited from being disclosed under | ||||||
7 | the Illinois Educational Labor Relations Act. | ||||||
8 | (zz) Information prohibited from being disclosed under | ||||||
9 | the Illinois Public Labor Relations Act. | ||||||
10 | (aaa) Information prohibited from being disclosed | ||||||
11 | under Section 1-167 of the Illinois Pension Code. | ||||||
12 | (bbb) Records exempt from disclosure under Section | ||||||
13 | 2605-304 of the Department of State Police Law of the | ||||||
14 | Civil Administrative Code of Illinois. | ||||||
15 | (Source: P.A. 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | ||||||
16 | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | ||||||
17 | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | ||||||
18 | eff. 6-1-18; 100-646, eff. 7-27-18; 100-690, eff. 1-1-19; | ||||||
19 | 100-863, eff. 8-14-18; 100-887, eff. 8-14-18; 101-13, eff. | ||||||
20 | 6-12-19; 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; 101-221, | ||||||
21 | eff. 1-1-20; 101-236, eff. 1-1-20; 101-375, eff. 8-16-19; | ||||||
22 | 101-377, eff. 8-16-19; 101-452, eff. 1-1-20; 101-466, eff. | ||||||
23 | 1-1-20; 101-600, eff. 12-6-19; 101-620, eff 12-20-19; 101-649, | ||||||
24 | eff. 7-7-20.) | ||||||
25 | Section 10. The Department of State Police Law of the
|
| |||||||
| |||||||
1 | Civil Administrative Code of Illinois is amended by changing | ||||||
2 | Section 2605-605 and by adding Section 2605-304 as follows: | ||||||
3 | (20 ILCS 2605/2605-304 new) | ||||||
4 | Sec. 2605-304. Prohibited persons portal. | ||||||
5 | (a) Within 90 days after the effective date of this | ||||||
6 | amendatory Act of the 102nd General Assembly, the Illinois | ||||||
7 | State Police shall establish a portal for use by federal, | ||||||
8 | State, or local law enforcement agencies, including Offices of | ||||||
9 | the State's Attorneys and the Office of the Attorney General | ||||||
10 | to capture a report of persons whose Firearm Owner's | ||||||
11 | Identification Cards have been revoked or suspended. The | ||||||
12 | portal is for law enforcement purposes only. | ||||||
13 | (b) The Illinois State Police shall include in the report | ||||||
14 | the reason the person's Firearm Owner's Identification Card | ||||||
15 | was subject to revocation or suspension, to the extent allowed | ||||||
16 | by law, consistent with Section 8 of the Firearm Owners | ||||||
17 | Identification Card Act. | ||||||
18 | (c) The Illinois State Police shall indicate whether the | ||||||
19 | person subject to the revocation or suspension of his or her | ||||||
20 | Firearm Owner's Identification Card has surrendered his or her | ||||||
21 | revoked or suspended Firearm Owner's Identification Card and | ||||||
22 | whether the person has completed a Firearm Disposition Record | ||||||
23 | required under Section 9.5 of the Firearm Owners | ||||||
24 | Identification Card Act. The Illinois State Police shall make | ||||||
25 | reasonable efforts to make this information available on the |
| |||||||
| |||||||
1 | Law Enforcement Agencies Data System (LEADS). | ||||||
2 | (d) The Illinois State Police shall provide updates of | ||||||
3 | information related to an individual's current Firearm Owner's | ||||||
4 | Identification Card revocation or suspension status, including | ||||||
5 | compliance under Section 9.5 of the Firearm Owners | ||||||
6 | Identification Card Act, in the Illinois State Police's Law | ||||||
7 | Enforcement Agencies Data System. | ||||||
8 | (e) Records in this portal are exempt from disclosure | ||||||
9 | under the Freedom of Information Act. | ||||||
10 | (f) The Illinois State Police may adopt rules necessary to | ||||||
11 | implement this Section. | ||||||
12 | (20 ILCS 2605/2605-605) | ||||||
13 | Sec. 2605-605. Violent Crime Intelligence Task Force. The | ||||||
14 | Director of State Police shall may establish a statewide | ||||||
15 | multi-jurisdictional Violent Crime Intelligence Task Force led | ||||||
16 | by the Department of State Police dedicated to combating gun | ||||||
17 | violence, gun-trafficking, and other violent crime with the | ||||||
18 | primary mission of preservation of life and reducing the | ||||||
19 | occurrence and the fear of crime. The objectives of the Task | ||||||
20 | Force shall include, but not be limited to, reducing and | ||||||
21 | preventing illegal possession and use of firearms, | ||||||
22 | firearm-related homicides, and other violent crimes. | ||||||
23 | (1) The Task Force may develop and acquire information, | ||||||
24 | training, tools, and resources necessary to implement a | ||||||
25 | data-driven approach to policing, with an emphasis on |
| |||||||
| |||||||
1 | intelligence development. | ||||||
2 | (2) The Task Force may utilize information sharing, | ||||||
3 | partnerships, crime analysis, and evidence-based practices to | ||||||
4 | assist in the reduction of firearm-related shootings, | ||||||
5 | homicides, and gun-trafficking. | ||||||
6 | (3) The Task Force may recognize and utilize best | ||||||
7 | practices of community policing and may develop potential | ||||||
8 | partnerships with faith-based and community organizations to | ||||||
9 | achieve its goals. | ||||||
10 | (4) The Task Force may identify and utilize best practices | ||||||
11 | in drug-diversion programs and other community-based services | ||||||
12 | to redirect low-level offenders. | ||||||
13 | (5) The Task Force may assist in violence suppression | ||||||
14 | strategies including, but not limited to, details in | ||||||
15 | identified locations that have shown to be the most prone to | ||||||
16 | gun violence and violent crime, focused deterrence against | ||||||
17 | violent gangs and groups considered responsible for the | ||||||
18 | violence in communities, and other intelligence driven methods | ||||||
19 | deemed necessary to interrupt cycles of violence or prevent | ||||||
20 | retaliation. | ||||||
21 | (6) In consultation with the Chief Procurement Officer, | ||||||
22 | the Department of State Police may obtain contracts for | ||||||
23 | software, commodities, resources, and equipment to assist the | ||||||
24 | Task Force with achieving this Act. Any contracts necessary to | ||||||
25 | support the delivery of necessary software, commodities, | ||||||
26 | resources, and equipment are not subject to the Illinois |
| |||||||
| |||||||
1 | Procurement Code, except for Sections 20-60, 20-65, 20-70, and | ||||||
2 | 20-160 and Article 50 of that Code, provided that the Chief | ||||||
3 | Procurement Officer may, in writing with justification, waive | ||||||
4 | any certification required under Article 50 of the Illinois | ||||||
5 | Procurement Code.
| ||||||
6 | (7) The Task Force shall conduct enforcement operations | ||||||
7 | against persons whose Firearm Owner's Identification Cards | ||||||
8 | have been revoked or suspended and persons who fail to comply | ||||||
9 | with the requirements of Section 9.5 of the Firearm Owners | ||||||
10 | Identification Card Act, prioritizing individuals presenting a | ||||||
11 | clear and present danger to themselves or to others under | ||||||
12 | paragraph (2) of subsection (d) of Section 8.1 of the Firearm | ||||||
13 | Owners Identification Card Act. | ||||||
14 | (8) The Task Force shall collaborate with local law | ||||||
15 | enforcement agencies to enforce provisions of the Firearm | ||||||
16 | Owners Identification Card Act, the Firearm Concealed Carry | ||||||
17 | Act, the Firearm Dealer License Certification Act, and Article | ||||||
18 | 24 of the Criminal Code of 2012. | ||||||
19 | (9) To implement this Section, the Director of the | ||||||
20 | Illinois State Police may establish intergovernmental | ||||||
21 | contracts written and executed in conformity with the | ||||||
22 | Intergovernmental Cooperation Act. | ||||||
23 | 10) Law enforcement agencies that participate in
| ||||||
24 | activities described in paragraphs (7) through (9) may apply
| ||||||
25 | to the Illinois State Police for grants from the State Police
| ||||||
26 | Revocation Enforcement Fund. |
| |||||||
| |||||||
1 | (Source: P.A. 100-3, eff. 1-1-18 .) | ||||||
2 | Section 15. The State Finance Act is amended by changing | ||||||
3 | Section 6z-99 and by adding Sections 5.938 and 6z-124 as | ||||||
4 | follows: | ||||||
5 | (30 ILCS 105/5.938 new) | ||||||
6 | Sec. 5.938. The State Police Revocation Enforcement Fund. | ||||||
7 | (30 ILCS 105/6z-99) | ||||||
8 | Sec. 6z-99. The Mental Health Reporting Fund. | ||||||
9 | (a) There is created in the State treasury a special fund | ||||||
10 | known as the Mental Health Reporting Fund. The Fund shall | ||||||
11 | receive revenue under the Firearm Concealed Carry Act. The | ||||||
12 | Fund may also receive revenue from grants, pass-through | ||||||
13 | grants, donations, appropriations, and any other legal source. | ||||||
14 | (b) The Department of State Police and Department of Human | ||||||
15 | Services shall coordinate to use moneys in the Fund to finance | ||||||
16 | their respective duties of collecting and reporting data on | ||||||
17 | mental health records and ensuring that mental health firearm | ||||||
18 | possession prohibitors are enforced as set forth under the | ||||||
19 | Firearm Concealed Carry Act and the Firearm Owners | ||||||
20 | Identification Card Act , including reporting prohibitors to | ||||||
21 | the National Instant Criminal Background Check System (NICS) . | ||||||
22 | Any surplus in the Fund beyond what is necessary to ensure | ||||||
23 | compliance with mental health reporting under these Acts shall |
| |||||||
| |||||||
1 | be used by the Department of Human Services for mental health | ||||||
2 | treatment programs as follows: (1) 50% shall be used to fund | ||||||
3 | community-based mental health programs aimed at reducing gun | ||||||
4 | violence, community integration and education, or mental | ||||||
5 | health awareness and prevention, including administrative | ||||||
6 | costs; and (2) 50% shall be used to award grants that use and | ||||||
7 | promote the National School Mental Health Curriculum model for | ||||||
8 | school-based mental health support, integration, and services . | ||||||
9 | (c) Investment income that is attributable to the | ||||||
10 | investment of moneys in the Fund shall be retained in the Fund | ||||||
11 | for the uses specified in this Section.
| ||||||
12 | (Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.) | ||||||
13 | (30 ILCS 105/6z-124 new) | ||||||
14 | Sec. 6z-124. State Police Revocation Enforcement Fund. | ||||||
15 | (a) The State Police Revocation Enforcement Fund is | ||||||
16 | established as a special fund in the State treasury. This Fund | ||||||
17 | is established to receive moneys from the Firearm Owners | ||||||
18 | Identification Card Act to enforce that Act, the Firearm | ||||||
19 | Concealed Carry Act, Article 24 of the Criminal Code of 2012, | ||||||
20 | and other firearm offenses. The Fund may also receive revenue | ||||||
21 | from grants, donations, appropriations, and any other legal | ||||||
22 | source. | ||||||
23 | (b) The Illinois State Police may use moneys from the Fund | ||||||
24 | to establish task forces and, if necessary, include other law | ||||||
25 | enforcement agencies, pursuant to intergovernmental contracts |
| |||||||
| |||||||
1 | written and executed in conformity with the Intergovernmental | ||||||
2 | Cooperation Act. | ||||||
3 | (c) The Illinois State Police may use moneys in the Fund to | ||||||
4 | hire and train State Police officers and the prevention of | ||||||
5 | violent crime. | ||||||
6 | (d) Law enforcement agencies that participate in Firearm
| ||||||
7 | Owner's Identification Card revocation enforcement in the
| ||||||
8 | Violent Crime Intelligence Task Force may apply for grants
| ||||||
9 | from the Illinois State Police. | ||||||
10 | (e) The State Police Revocation Enforcement Fund is not | ||||||
11 | subject to administrative chargebacks. | ||||||
12 | Section 20. The Firearm Owners Identification Card Act is | ||||||
13 | amended by changing Sections 1.1, 3, 3a, 3.1, 4, 5, 6, 7, 8, | ||||||
14 | 8.2, 8.3, 9.5, 10, 11, and 13.2 and by adding Sections 6.2, | ||||||
15 | 7.5, 8.4, and 13.4 as follows:
| ||||||
16 | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| ||||||
17 | Sec. 1.1. For purposes of this Act:
| ||||||
18 | "Addicted to narcotics" means a person who has been: | ||||||
19 | (1) convicted of an offense involving the use or | ||||||
20 | possession of cannabis, a controlled substance, or | ||||||
21 | methamphetamine within the past year; or | ||||||
22 | (2) determined by the Department of State Police to be | ||||||
23 | addicted to narcotics based upon federal law or federal | ||||||
24 | guidelines. |
| |||||||
| |||||||
1 | "Addicted to narcotics" does not include possession or use | ||||||
2 | of a prescribed controlled substance under the direction and | ||||||
3 | authority of a physician or other person authorized to | ||||||
4 | prescribe the controlled substance when the controlled | ||||||
5 | substance is used in the prescribed manner. | ||||||
6 | "Adjudicated as a person with a mental disability" means | ||||||
7 | the person is the subject of a determination by a court, board, | ||||||
8 | commission or other lawful authority that the person, as a | ||||||
9 | result of marked subnormal intelligence, or mental illness, | ||||||
10 | mental impairment, incompetency, condition, or disease: | ||||||
11 | (1) presents a clear and present danger to himself, | ||||||
12 | herself, or to others; | ||||||
13 | (2) lacks the mental capacity to manage his or her own | ||||||
14 | affairs or is adjudicated a person with a disability as | ||||||
15 | defined in Section 11a-2 of the Probate Act of 1975; | ||||||
16 | (3) is not guilty in a criminal case by reason of | ||||||
17 | insanity, mental disease or defect; | ||||||
18 | (3.5) is guilty but mentally ill, as provided in | ||||||
19 | Section 5-2-6 of the Unified Code of Corrections; | ||||||
20 | (4) is incompetent to stand trial in a criminal case; | ||||||
21 | (5) is not guilty by reason of lack of mental | ||||||
22 | responsibility under Articles 50a and 72b of the Uniform | ||||||
23 | Code of Military Justice, 10 U.S.C. 850a, 876b;
| ||||||
24 | (6) is a sexually violent person under subsection (f) | ||||||
25 | of Section 5 of the Sexually Violent Persons Commitment | ||||||
26 | Act; |
| |||||||
| |||||||
1 | (7) is a sexually dangerous person under the Sexually | ||||||
2 | Dangerous Persons Act; | ||||||
3 | (8) is unfit to stand trial under the Juvenile Court | ||||||
4 | Act of 1987; | ||||||
5 | (9) is not guilty by reason of insanity under the | ||||||
6 | Juvenile Court Act of 1987; | ||||||
7 | (10) is subject to involuntary admission as an | ||||||
8 | inpatient as defined in Section 1-119 of the Mental Health | ||||||
9 | and Developmental Disabilities Code; | ||||||
10 | (11) is subject to involuntary admission as an | ||||||
11 | outpatient as defined in Section 1-119.1 of the Mental | ||||||
12 | Health and Developmental Disabilities Code; | ||||||
13 | (12) is subject to judicial admission as set forth in | ||||||
14 | Section 4-500 of the Mental Health and Developmental | ||||||
15 | Disabilities Code; or | ||||||
16 | (13) is subject to the provisions of the Interstate | ||||||
17 | Agreements on Sexually Dangerous Persons Act. | ||||||
18 | "Clear and present danger" means a person who: | ||||||
19 | (1) communicates a serious threat of physical violence | ||||||
20 | against a reasonably identifiable victim or poses a clear | ||||||
21 | and imminent risk of serious physical injury to himself, | ||||||
22 | herself, or another person as determined by a physician, | ||||||
23 | clinical psychologist, or qualified examiner; or | ||||||
24 | (2) demonstrates threatening physical or verbal | ||||||
25 | behavior, such as violent, suicidal, or assaultive | ||||||
26 | threats, actions, or other behavior, as determined by a |
| |||||||
| |||||||
1 | physician, clinical psychologist, qualified examiner, | ||||||
2 | school administrator, or law enforcement official. | ||||||
3 | "Clinical psychologist" has the meaning provided in | ||||||
4 | Section 1-103 of the Mental Health and Developmental | ||||||
5 | Disabilities Code. | ||||||
6 | "Controlled substance" means a controlled substance or | ||||||
7 | controlled substance analog as defined in the Illinois | ||||||
8 | Controlled Substances Act. | ||||||
9 | "Counterfeit" means to copy or imitate, without legal | ||||||
10 | authority, with
intent
to deceive. | ||||||
11 | "Federally licensed firearm dealer" means a person who is | ||||||
12 | licensed as a federal firearms dealer under Section 923 of the | ||||||
13 | federal Gun Control Act of 1968 (18 U.S.C. 923).
| ||||||
14 | "Firearm" means any device, by
whatever name known, which | ||||||
15 | is designed to expel a projectile or projectiles
by the action | ||||||
16 | of an explosion, expansion of gas or escape of gas; excluding,
| ||||||
17 | however:
| ||||||
18 | (1) any pneumatic gun, spring gun, paint ball gun, or | ||||||
19 | B-B gun which
expels a single globular projectile not | ||||||
20 | exceeding .18 inch in
diameter or which has a maximum | ||||||
21 | muzzle velocity of less than 700 feet
per second;
| ||||||
22 | (1.1) any pneumatic gun, spring gun, paint ball gun, | ||||||
23 | or B-B gun which expels breakable paint balls containing | ||||||
24 | washable marking colors; | ||||||
25 | (2) any device used exclusively for signalling or | ||||||
26 | safety and required or
recommended by the United States |
| |||||||
| |||||||
1 | Coast Guard or the Interstate Commerce
Commission;
| ||||||
2 | (3) any device used exclusively for the firing of stud | ||||||
3 | cartridges,
explosive rivets or similar industrial | ||||||
4 | ammunition; and
| ||||||
5 | (4) an antique firearm (other than a machine-gun) | ||||||
6 | which, although
designed as a weapon, the Department of | ||||||
7 | State Police finds by reason of
the date of its | ||||||
8 | manufacture, value, design, and other characteristics is
| ||||||
9 | primarily a collector's item and is not likely to be used | ||||||
10 | as a weapon.
| ||||||
11 | "Firearm ammunition" means any self-contained cartridge or | ||||||
12 | shotgun
shell, by whatever name known, which is designed to be | ||||||
13 | used or adaptable to
use in a firearm; excluding, however:
| ||||||
14 | (1) any ammunition exclusively designed for use with a | ||||||
15 | device used
exclusively for signalling or safety and | ||||||
16 | required or recommended by the
United States Coast Guard | ||||||
17 | or the Interstate Commerce Commission; and
| ||||||
18 | (2) any ammunition designed exclusively for use with a | ||||||
19 | stud or rivet
driver or other similar industrial | ||||||
20 | ammunition. | ||||||
21 | "Gun show" means an event or function: | ||||||
22 | (1) at which the sale and transfer of firearms is the | ||||||
23 | regular and normal course of business and where 50 or more | ||||||
24 | firearms are displayed, offered, or exhibited for sale, | ||||||
25 | transfer, or exchange; or | ||||||
26 | (2) at which not less than 10 gun show vendors |
| |||||||
| |||||||
1 | display, offer, or exhibit for sale, sell, transfer, or | ||||||
2 | exchange firearms.
| ||||||
3 | "Gun show" includes the entire premises provided for an | ||||||
4 | event or function, including parking areas for the event or | ||||||
5 | function, that is sponsored to facilitate the purchase, sale, | ||||||
6 | transfer, or exchange of firearms as described in this | ||||||
7 | Section.
Nothing in this definition shall be construed to | ||||||
8 | exclude a gun show held in conjunction with competitive | ||||||
9 | shooting events at the World Shooting Complex sanctioned by a | ||||||
10 | national governing body in which the sale or transfer of | ||||||
11 | firearms is authorized under subparagraph (5) of paragraph (g) | ||||||
12 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
13 | Unless otherwise expressly stated, "gun show" does not | ||||||
14 | include training or safety classes, competitive shooting | ||||||
15 | events, such as rifle, shotgun, or handgun matches, trap, | ||||||
16 | skeet, or sporting clays shoots, dinners, banquets, raffles, | ||||||
17 | or
any other event where the sale or transfer of firearms is | ||||||
18 | not the primary course of business. | ||||||
19 | "Gun show promoter" means a person who organizes or | ||||||
20 | operates a gun show. | ||||||
21 | "Gun show vendor" means a person who exhibits, sells, | ||||||
22 | offers for sale, transfers, or exchanges any firearms at a gun | ||||||
23 | show, regardless of whether the person arranges with a gun | ||||||
24 | show promoter for a fixed location from which to exhibit, | ||||||
25 | sell, offer for sale, transfer, or exchange any firearm. | ||||||
26 | "Involuntarily admitted" has the meaning as prescribed in |
| |||||||
| |||||||
1 | Sections 1-119 and 1-119.1 of the Mental Health and | ||||||
2 | Developmental Disabilities Code. | ||||||
3 | "Mental health facility" means any licensed private | ||||||
4 | hospital or hospital affiliate, institution, or facility, or | ||||||
5 | part thereof, and any facility, or part thereof, operated by | ||||||
6 | the State or a political subdivision thereof which provide | ||||||
7 | treatment of persons with mental illness and includes all | ||||||
8 | hospitals, institutions, clinics, evaluation facilities, | ||||||
9 | mental health centers, colleges, universities, long-term care | ||||||
10 | facilities, and nursing homes, or parts thereof, which provide | ||||||
11 | treatment of persons with mental illness whether or not the | ||||||
12 | primary purpose is to provide treatment of persons with mental | ||||||
13 | illness. | ||||||
14 | "National governing body" means a group of persons who | ||||||
15 | adopt rules and formulate policy on behalf of a national | ||||||
16 | firearm sporting organization. | ||||||
17 | "Patient" means: | ||||||
18 | (1) a person who is admitted as an inpatient or | ||||||
19 | resident of a public or private mental health facility for | ||||||
20 | mental health treatment under Chapter III of the Mental | ||||||
21 | Health and Developmental Disabilities Code as an informal | ||||||
22 | admission, a voluntary admission, a minor admission, an | ||||||
23 | emergency admission, or an involuntary admission, unless | ||||||
24 | the treatment was solely for an alcohol abuse disorder; or | ||||||
25 | (2) a person who voluntarily or involuntarily receives | ||||||
26 | mental health treatment as an out-patient or is otherwise |
| |||||||
| |||||||
1 | provided services by a public or private mental health | ||||||
2 | facility, and who poses a clear and present danger to | ||||||
3 | himself, herself, or to others. | ||||||
4 | "Person with a developmental disability" means a person | ||||||
5 | with a disability which is attributable to any other condition | ||||||
6 | which results in impairment similar to that caused by an | ||||||
7 | intellectual disability and which requires services similar to | ||||||
8 | those required by persons with intellectual disabilities. The | ||||||
9 | disability must originate before the age of 18
years, be | ||||||
10 | expected to continue indefinitely, and constitute a | ||||||
11 | substantial disability. This disability results, in the | ||||||
12 | professional opinion of a physician, clinical psychologist, or | ||||||
13 | qualified examiner, in significant functional limitations in 3 | ||||||
14 | or more of the following areas of major life activity: | ||||||
15 | (i) self-care; | ||||||
16 | (ii) receptive and expressive language; | ||||||
17 | (iii) learning; | ||||||
18 | (iv) mobility; or | ||||||
19 | (v) self-direction. | ||||||
20 | "Person with an intellectual disability" means a person | ||||||
21 | with a significantly subaverage general intellectual | ||||||
22 | functioning which exists concurrently with impairment in | ||||||
23 | adaptive behavior and which originates before the age of 18 | ||||||
24 | years. | ||||||
25 | "Physician" has the meaning as defined in Section 1-120 of | ||||||
26 | the Mental Health and Developmental Disabilities Code. |
| |||||||
| |||||||
1 | "Protective order" means any orders of protection issued
| ||||||
2 | under the Illinois Domestic Violence Act of 1986, stalking no | ||||||
3 | contact orders issued under the Stalking No Contact Order Act,
| ||||||
4 | civil no contact orders issued under the Civil No Contact
| ||||||
5 | Order Act, and firearms restraining orders issued under the
| ||||||
6 | Firearms Restraining Order Act. | ||||||
7 | "Qualified examiner" has the meaning provided in Section | ||||||
8 | 1-122 of the Mental Health and Developmental Disabilities | ||||||
9 | Code. | ||||||
10 | "Sanctioned competitive shooting event" means a shooting | ||||||
11 | contest officially recognized by a national or state shooting | ||||||
12 | sport association, and includes any sight-in or practice | ||||||
13 | conducted in conjunction with the event.
| ||||||
14 | "School administrator" means the person required to report | ||||||
15 | under the School Administrator Reporting of Mental Health | ||||||
16 | Clear and Present Danger Determinations Law. | ||||||
17 | "Stun gun or taser" has the meaning ascribed to it in | ||||||
18 | Section 24-1 of the Criminal Code of 2012. | ||||||
19 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
20 | 99-642, eff. 7-28-16; 100-906, eff. 1-1-19 .) | ||||||
21 | (430 ILCS 65/3) (from Ch. 38, par. 83-3) | ||||||
22 | Sec. 3. Requirements for firearm transfers. | ||||||
23 | (a) A Except as provided in Section 3a, no person shall not | ||||||
24 | may knowingly
transfer, or cause to be transferred, any | ||||||
25 | firearm, firearm ammunition, stun gun, or taser to any person |
| |||||||
| |||||||
1 | within this State unless the
transferee with whom he or she | ||||||
2 | deals displays either: (1) a currently valid Firearm Owner's
| ||||||
3 | Identification Card which has previously been issued in his or | ||||||
4 | her name by the
Department of State Police under the | ||||||
5 | provisions of this Act; or (2) a currently valid license to | ||||||
6 | carry a concealed firearm which has previously been issued in | ||||||
7 | his or her name by the
Department of State Police under the | ||||||
8 | Firearm Concealed Carry Act. In addition,
all firearm, stun | ||||||
9 | gun, and taser transfers by federally licensed firearm dealers | ||||||
10 | are subject
to Section 3.1. | ||||||
11 | (a-5) Beginning 90 days after the effective date of this | ||||||
12 | amendatory Act of the 102nd General Assembly, notwithstanding | ||||||
13 | item (2) of subsection (a) of this Section, any person who is | ||||||
14 | not a federally licensed firearm dealer and who desires to | ||||||
15 | transfer or sell a firearm or firearms to any person who is not | ||||||
16 | a federally licensed firearm dealer shall do so only through a | ||||||
17 | federally licensed firearms dealer as follows: | ||||||
18 | (1) the seller or transferor shall give the firearm to | ||||||
19 | the federally licensed firearms dealer, who shall retain | ||||||
20 | possession of the firearm until every legal requirement | ||||||
21 | for the sale or transfer has been met; | ||||||
22 | (2) the federally licensed firearms dealer shall | ||||||
23 | process the sale or other transfer in compliance with any | ||||||
24 | federal, State, and local law, including a National | ||||||
25 | Instant Criminal Background Check System background check | ||||||
26 | on the buyer or transferee in accordance with 18 U.S.C. |
| |||||||
| |||||||
1 | 922(t) and Section 3.1; | ||||||
2 | (A) if the transaction is not legally prohibited, | ||||||
3 | the federally licensed firearm dealer may then | ||||||
4 | complete transfer of the firearm to the buyer or | ||||||
5 | transferee; | ||||||
6 | (B) if the transaction is legally prohibited, the | ||||||
7 | federally licensed firearm dealer shall conduct a | ||||||
8 | National Instant Criminal Background Check System | ||||||
9 | background check under paragraph (2) of this | ||||||
10 | subsection (a-5) on the transferor or seller before | ||||||
11 | returning the firearm; | ||||||
12 | (C) if the federally licensed firearm dealer | ||||||
13 | cannot return the firearm to either party, the dealer | ||||||
14 | shall notify a local law enforcement agency within 24 | ||||||
15 | hours to take possession of the firearm; | ||||||
16 | (D) if there is a delay in completing a background | ||||||
17 | check, the federally licensed firearms dealer shall | ||||||
18 | maintain possession of the firearm until the | ||||||
19 | background check is completed; | ||||||
20 | (3) the federally licensed firearms dealer shall | ||||||
21 | ensure that all required documentation of the sale or | ||||||
22 | transfer are maintained in accordance with federal, State, | ||||||
23 | and local law, including, but not limited to, the | ||||||
24 | completion of the Bureau of Alcohol, Tobacco, Firearms, | ||||||
25 | and Explosives Firearm Transaction Record Form 4473 which | ||||||
26 | shall be open to inspection in accordance with the Firearm |
| |||||||
| |||||||
1 | Dealer License Certification Act; | ||||||
2 | (4) the federally licensed firearms dealer may charge | ||||||
3 | a fee not to exceed $10 to perform the sale or transfer | ||||||
4 | under this Section; and | ||||||
5 | (5) no transfer of a firearm shall occur until an | ||||||
6 | approval is issued by the Illinois State Police and the | ||||||
7 | required waiting period established by Section 24-3 of the | ||||||
8 | Criminal Code of 2012 has expired. | ||||||
9 | This subsection shall not apply to sales or transfers by | ||||||
10 | a: | ||||||
11 | (A) law enforcement, corrections, or active duty | ||||||
12 | military officer acting within the course of his or her | ||||||
13 | employment or official duties; | ||||||
14 | (B) person acting under operation of law or court | ||||||
15 | order; | ||||||
16 | (C) gunsmith who receives the firearm solely for the | ||||||
17 | purpose of service or repair; | ||||||
18 | (D) person acting on behalf of a common carrier or | ||||||
19 | other business for purposes of transportation or storage | ||||||
20 | in the ordinary course of his or her business; | ||||||
21 | (E) person who is loaned a firearm while on the | ||||||
22 | premises of a licensed shooting range for the sole purpose | ||||||
23 | of shooting at targets, if the firearm is kept within the | ||||||
24 | premises of the shooting range; | ||||||
25 | (F) minor who is loaned a firearm for lawful hunting | ||||||
26 | or sporting purposes while under the direct supervision of |
| |||||||
| |||||||
1 | an adult; | ||||||
2 | (G) person who acquires a firearm upon the death of | ||||||
3 | another person from a will, bequest, inheritance, or as a | ||||||
4 | bona fide gift from an immediate family member, as long as | ||||||
5 | he or she notifies the Illinois State Police under Section | ||||||
6 | 3.1 within 60 days, at which time the Illinois State | ||||||
7 | Police shall conduct a National Instant Criminal | ||||||
8 | Background Check System background check on the person. In | ||||||
9 | this paragraph, "immediate family member" means a spouse, | ||||||
10 | domestic partner, children, step-children, parents, or | ||||||
11 | step-parents; | ||||||
12 | (H) person who transfers a firearm to a law | ||||||
13 | enforcement agency; or | ||||||
14 | (I) person who is loaned a firearm for lawful hunting | ||||||
15 | or sporting purposes while in the presence of the lawful | ||||||
16 | owner of the firearm. | ||||||
17 | Any person who is not a federally licensed firearm dealer and | ||||||
18 | who desires to transfer or sell a firearm while that | ||||||
19 | person is on the grounds of a gun show must, before selling | ||||||
20 | or transferring the firearm, request the Department of | ||||||
21 | State Police to conduct a background check on the | ||||||
22 | prospective recipient of the firearm in accordance with | ||||||
23 | Section 3.1. | ||||||
24 | (a-10) The Illinois State Police shall publish, on its | ||||||
25 | website, information for holders of Firearm Owner's | ||||||
26 | Identification Cards that includes the changes included in |
| |||||||
| |||||||
1 | this amendatory Act of the 102nd General Assembly. Any Firearm | ||||||
2 | Owner's Identification Card issued or renewed beginning 180 | ||||||
3 | days after the effective date of this amendatory Act of the | ||||||
4 | 102nd General Assembly shall include a statement indicating | ||||||
5 | the changes pertinent in this amendatory Act of the 102nd | ||||||
6 | General Assembly for Firearm Owner's Identification Card | ||||||
7 | holders. Notwithstanding item (2) of subsection (a) of this | ||||||
8 | Section, any person who is not a federally licensed firearm | ||||||
9 | dealer and who desires to transfer or sell a firearm or | ||||||
10 | firearms to any person who is not a federally licensed firearm | ||||||
11 | dealer shall, before selling or transferring the firearms, | ||||||
12 | contact the Department of State Police with the transferee's | ||||||
13 | or purchaser's Firearm Owner's Identification Card number to | ||||||
14 | determine the validity of the transferee's or purchaser's | ||||||
15 | Firearm Owner's Identification Card. This subsection shall not | ||||||
16 | be effective until January 1, 2014. The Department of State | ||||||
17 | Police may adopt rules concerning the implementation of this | ||||||
18 | subsection. The Department of State Police shall provide the | ||||||
19 | seller or transferor an approval number if the purchaser's | ||||||
20 | Firearm Owner's Identification Card is valid. Approvals issued | ||||||
21 | by the Department for the purchase of a firearm pursuant to | ||||||
22 | this subsection are valid for 30 days from the date of issue. | ||||||
23 | (a-15) (Blank). The provisions of subsection (a-10) of | ||||||
24 | this Section do not apply to: | ||||||
25 | (1) transfers that occur at the place of business of a | ||||||
26 | federally licensed firearm dealer, if the federally |
| |||||||
| |||||||
1 | licensed firearm dealer conducts a background check on the | ||||||
2 | prospective recipient of the firearm in accordance with | ||||||
3 | Section 3.1 of this Act and follows all other applicable | ||||||
4 | federal, State, and local laws as if he or she were the | ||||||
5 | seller or transferor of the firearm, although the dealer | ||||||
6 | is not required to accept the firearm into his or her | ||||||
7 | inventory. The purchaser or transferee may be required by | ||||||
8 | the federally licensed firearm dealer to pay a fee not to | ||||||
9 | exceed $10 per firearm, which the dealer may retain as | ||||||
10 | compensation for performing the functions required under | ||||||
11 | this paragraph, plus the applicable fees authorized by | ||||||
12 | Section 3.1; | ||||||
13 | (2) transfers as a bona fide gift to the transferor's | ||||||
14 | husband, wife, son, daughter, stepson, stepdaughter, | ||||||
15 | father, mother, stepfather, stepmother, brother, sister, | ||||||
16 | nephew, niece, uncle, aunt, grandfather, grandmother, | ||||||
17 | grandson, granddaughter, father-in-law, mother-in-law, | ||||||
18 | son-in-law, or daughter-in-law; | ||||||
19 | (3) transfers by persons acting pursuant to operation | ||||||
20 | of law or a court order; | ||||||
21 | (4) transfers on the grounds of a gun show under | ||||||
22 | subsection (a-5) of this Section; | ||||||
23 | (5) the delivery of a firearm by its owner to a | ||||||
24 | gunsmith for service or repair, the return of the firearm | ||||||
25 | to its owner by the gunsmith, or the delivery of a firearm | ||||||
26 | by a gunsmith to a federally licensed firearms dealer for |
| |||||||
| |||||||
1 | service or repair and the return of the firearm to the | ||||||
2 | gunsmith; | ||||||
3 | (6) temporary transfers that occur while in the home | ||||||
4 | of the unlicensed transferee, if the unlicensed transferee | ||||||
5 | is not otherwise prohibited from possessing firearms and | ||||||
6 | the unlicensed transferee reasonably believes that | ||||||
7 | possession of the firearm is necessary to prevent imminent | ||||||
8 | death or great bodily harm to the unlicensed transferee; | ||||||
9 | (7) transfers to a law enforcement or corrections | ||||||
10 | agency or a law enforcement or corrections officer acting | ||||||
11 | within the course and scope of his or her official duties; | ||||||
12 | (8) transfers of firearms that have been rendered | ||||||
13 | permanently inoperable to a nonprofit historical society, | ||||||
14 | museum, or institutional collection; and | ||||||
15 | (9) transfers to a person who is exempt from the | ||||||
16 | requirement of possessing a Firearm Owner's Identification | ||||||
17 | Card under Section 2 of this Act. | ||||||
18 | (a-20) (Blank). The Department of State Police shall | ||||||
19 | develop an Internet-based system for individuals to determine | ||||||
20 | the validity of a Firearm Owner's Identification Card prior to | ||||||
21 | the sale or transfer of a firearm. The Department shall have | ||||||
22 | the Internet-based system completed and available for use by | ||||||
23 | July 1, 2015. The Department shall adopt rules not | ||||||
24 | inconsistent with this Section to implement this system. | ||||||
25 | (b) Any resident may purchase ammunition from a person | ||||||
26 | within or outside of this State if shipment is by United States |
| |||||||
| |||||||
1 | mail or by a private express carrier authorized by federal law | ||||||
2 | to ship ammunition. Any resident purchasing ammunition within | ||||||
3 | or outside the State must provide the seller with a copy of his | ||||||
4 | or her valid Firearm Owner's Identification Card or valid | ||||||
5 | concealed carry license and either his or her Illinois | ||||||
6 | driver's license or Illinois Identification Card prior to the | ||||||
7 | shipment of the ammunition. The ammunition may be shipped only | ||||||
8 | to an address on either of those 2 documents. | ||||||
9 | (b-1) Any person within this State who before the | ||||||
10 | provisions of subsection (a-5) become operative, transferred, | ||||||
11 | or caused transfers or causes to be
transferred any firearm, | ||||||
12 | stun gun, or taser shall keep a record of such transfer for a | ||||||
13 | period
of 10 years from the date of transfer. Such record shall | ||||||
14 | contain the date
of the transfer; the description, serial | ||||||
15 | number or other information
identifying the firearm, stun gun, | ||||||
16 | or taser if no serial number is available; and, if the
transfer | ||||||
17 | was completed within this State, the transferee's Firearm | ||||||
18 | Owner's
Identification Card number and any approval number or | ||||||
19 | documentation provided by the Department of State Police | ||||||
20 | pursuant to subsection (a-10) of this Section ; if the transfer | ||||||
21 | was not completed within this State, the record shall contain | ||||||
22 | the name and address of the transferee. The On or after January | ||||||
23 | 1, 2006, the record shall contain the date of application for | ||||||
24 | transfer of the firearm. On demand of a peace officer such | ||||||
25 | transferor
shall produce for inspection such record of | ||||||
26 | transfer. If the transfer or sale took place at a gun show, the |
| |||||||
| |||||||
1 | record shall include the unique identification number. Failure | ||||||
2 | to record the unique identification number or approval number | ||||||
3 | is a petty offense.
For transfers of a firearm, stun gun, or | ||||||
4 | taser made on or after January 1, 2019 ( the effective date of | ||||||
5 | Public Act 100-1178) and before the provisions of subsection | ||||||
6 | (a-5) become operative this amendatory Act of the 100th | ||||||
7 | General Assembly , failure by the private seller to maintain | ||||||
8 | the transfer records in accordance with this Section is a | ||||||
9 | Class A misdemeanor for the first offense and a Class 4 felony | ||||||
10 | for a second or subsequent offense. A transferee shall not be | ||||||
11 | criminally liable under this subsection (b-1) Section provided | ||||||
12 | that he or she provides the Department of State Police with the | ||||||
13 | transfer records in accordance with procedures established by | ||||||
14 | the Department. The Department shall establish, by rule, a | ||||||
15 | standard form on its website. | ||||||
16 | (b-5) (Blank). Any resident may purchase ammunition from a | ||||||
17 | person within or outside of Illinois if shipment is by United | ||||||
18 | States mail or by a private express carrier authorized by | ||||||
19 | federal law to ship ammunition. Any resident purchasing | ||||||
20 | ammunition within or outside the State of Illinois must | ||||||
21 | provide the seller with a copy of his or her valid Firearm | ||||||
22 | Owner's Identification Card or valid concealed carry license | ||||||
23 | and either his or her Illinois driver's license or Illinois | ||||||
24 | State Identification Card prior to the shipment of the | ||||||
25 | ammunition. The ammunition may be shipped only to an address | ||||||
26 | on either of those 2 documents. |
| |||||||
| |||||||
1 | (c) The provisions of this Section regarding the transfer | ||||||
2 | of firearm
ammunition shall not apply to those persons | ||||||
3 | specified in paragraph (b) of
Section 2 of this Act. | ||||||
4 | (Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
| ||||||
5 | (430 ILCS 65/3a) (from Ch. 38, par. 83-3a)
| ||||||
6 | Sec. 3a. (a) Any resident of Illinois who has obtained a | ||||||
7 | firearm
owner's identification card pursuant to this Act and | ||||||
8 | who is not otherwise
prohibited from obtaining, possessing or | ||||||
9 | using a firearm may purchase or
obtain a rifle or shotgun or | ||||||
10 | ammunition for a rifle or shotgun in Iowa,
Missouri, Indiana, | ||||||
11 | Wisconsin or Kentucky.
| ||||||
12 | (b) Any resident of Iowa, Missouri, Indiana, Wisconsin or | ||||||
13 | Kentucky
or a
non-resident with a valid non-resident hunting | ||||||
14 | license, who
is 18 years of age or older and who is not | ||||||
15 | prohibited by the laws of
Illinois, the state of his domicile, | ||||||
16 | or the United States from obtaining,
possessing or using a | ||||||
17 | firearm, may purchase or obtain a rifle,
shotgun or
ammunition | ||||||
18 | for a rifle or shotgun in Illinois.
| ||||||
19 | (b-5) Any non-resident who is participating in a | ||||||
20 | sanctioned competitive
shooting
event, who is 18 years of age | ||||||
21 | or older and who is not prohibited by the laws of
Illinois,
the | ||||||
22 | state of his or her domicile, or the United States from | ||||||
23 | obtaining,
possessing, or using
a firearm, may purchase or | ||||||
24 | obtain a shotgun or shotgun ammunition in Illinois
for the
| ||||||
25 | purpose of participating in that event. A person may purchase |
| |||||||
| |||||||
1 | or obtain a
shotgun or
shotgun ammunition under this | ||||||
2 | subsection only at the site where the sanctioned
competitive | ||||||
3 | shooting event is being held.
| ||||||
4 | (b-10) Any non-resident registered competitor or attendee | ||||||
5 | of a competitive shooting
event held at the World Shooting | ||||||
6 | Complex sanctioned by a national governing
body, who is not | ||||||
7 | prohibited by the laws of Illinois, the state of his or her
| ||||||
8 | domicile, or the United States from obtaining, possessing, or | ||||||
9 | using a firearm
may purchase or obtain a rifle, shotgun, or | ||||||
10 | other long gun or ammunition for
a rifle, shotgun, or other | ||||||
11 | long gun at the competitive shooting event. The
sanctioning | ||||||
12 | body shall provide a list of registered competitors and | ||||||
13 | attendees as required
under subparagraph (5) of paragraph (g) | ||||||
14 | of subsection (A) of Section 24-3 of the Criminal Code of 2012. | ||||||
15 | A competitor or attendee of a competitive shooting event who | ||||||
16 | does not wish to
purchase a firearm at the event is not | ||||||
17 | required to register or have his or her name
appear on a list | ||||||
18 | of registered competitors and attendees provided to the | ||||||
19 | Department of State
Police by the sanctioning body. | ||||||
20 | (c) Any transaction under this Section is subject to the | ||||||
21 | provisions of
Section 3 and the Gun Control Act of 1968 (18 | ||||||
22 | U.S.C. 922 (b)(3)).
| ||||||
23 | (Source: P.A. 99-29, eff. 7-10-15.)
| ||||||
24 | (430 ILCS 65/3.1) (from Ch. 38, par. 83-3.1)
| ||||||
25 | Sec. 3.1. Firearm transfer inquiry program Dial up system . |
| |||||||
| |||||||
1 | (a) The Department of State Police shall provide
a dial up | ||||||
2 | telephone system or utilize other existing technology which | ||||||
3 | shall be used by any federally licensed
firearm dealer , gun | ||||||
4 | show promoter, or gun show vendor who is to transfer a firearm, | ||||||
5 | stun gun, or taser under the provisions of this
Act. The | ||||||
6 | Department of State Police may utilize existing technology | ||||||
7 | which
allows the caller to be charged a fee not to exceed $2. | ||||||
8 | Fees collected by the Department of
State Police shall be | ||||||
9 | deposited in the State Police Services Fund and used
to | ||||||
10 | provide the service.
| ||||||
11 | (b) Upon receiving a request from a federally licensed | ||||||
12 | firearm dealer, gun show promoter, or gun show vendor , the
| ||||||
13 | Department of State Police shall immediately approve, or | ||||||
14 | within the time
period established by Section 24-3 of the | ||||||
15 | Criminal Code of 2012 regarding
the delivery of firearms, stun | ||||||
16 | guns, and tasers notify the inquiring dealer, gun show | ||||||
17 | promoter, or gun show vendor of any objection that
would | ||||||
18 | disqualify the transferee from acquiring or possessing a | ||||||
19 | firearm, stun gun, or taser. In
conducting the inquiry, the | ||||||
20 | Department of State Police shall initiate and
complete an | ||||||
21 | automated search of its criminal history record information
| ||||||
22 | files and those of the Federal Bureau of Investigation, | ||||||
23 | including the
National Instant Criminal Background Check | ||||||
24 | System, and of the files of
the Department of Human Services | ||||||
25 | relating to mental health and
developmental disabilities to | ||||||
26 | obtain
any prohibiting information felony conviction or |
| |||||||
| |||||||
1 | patient hospitalization information which would
disqualify a | ||||||
2 | person from obtaining or require revocation of a currently
| ||||||
3 | valid Firearm Owner's Identification Card. | ||||||
4 | (b-5) The Illinois State Police shall by rule provide a
| ||||||
5 | process for the automatic renewal of the Firearm Owner's | ||||||
6 | Identification Card
of a person at the time of a inquiry in | ||||||
7 | subsection (b).
Persons eligible for this process must have a | ||||||
8 | set of
fingerprints on file with their application pursuant to
| ||||||
9 | either subsection (a-25) of Section 4 or the Firearm Concealed | ||||||
10 | Carry Act. | ||||||
11 | (c) If receipt of a firearm would not violate Section 24-3 | ||||||
12 | of the Criminal Code of 2012, federal law, or this Act the | ||||||
13 | Department of State Police shall: | ||||||
14 | (1) assign a unique identification number to the | ||||||
15 | transfer; and | ||||||
16 | (2) provide the licensee, gun show promoter, or gun | ||||||
17 | show vendor with the number. | ||||||
18 | (d) Approvals issued by the Department of State Police for | ||||||
19 | the purchase of a firearm are valid for 30 days from the date | ||||||
20 | of issue.
| ||||||
21 | (e) (1) The Department of State Police must act as the | ||||||
22 | Illinois Point of Contact
for the National Instant Criminal | ||||||
23 | Background Check System. | ||||||
24 | (2) The Department of State Police and the Department of | ||||||
25 | Human Services shall, in accordance with State and federal law | ||||||
26 | regarding confidentiality, enter into a memorandum of |
| |||||||
| |||||||
1 | understanding with the Federal Bureau of Investigation for the | ||||||
2 | purpose of implementing the National Instant Criminal | ||||||
3 | Background Check System in the State. The Department of State | ||||||
4 | Police shall report the name, date of birth, and physical | ||||||
5 | description of any person prohibited from possessing a firearm | ||||||
6 | pursuant to the Firearm Owners Identification Card Act or 18 | ||||||
7 | U.S.C. 922(g) and (n) to the National Instant Criminal | ||||||
8 | Background Check System Index, Denied Persons Files.
| ||||||
9 | (3) The Department of State Police shall provide notice of | ||||||
10 | the disqualification of a person under subsection (b) of this | ||||||
11 | Section or the revocation of a person's Firearm Owner's | ||||||
12 | Identification Card under Section 8 or Section 8.2 of this | ||||||
13 | Act, and the reason for the disqualification or revocation, to | ||||||
14 | all law enforcement agencies with jurisdiction to assist with | ||||||
15 | the seizure of the person's Firearm Owner's Identification | ||||||
16 | Card. | ||||||
17 | (f) The Department of State Police shall adopt rules not | ||||||
18 | inconsistent with this Section to implement this
system.
| ||||||
19 | (Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17 .)
| ||||||
20 | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| ||||||
21 | Sec. 4. Application for Firearm Owner's Identification | ||||||
22 | Cards. | ||||||
23 | (a) Each applicant for a Firearm Owner's Identification | ||||||
24 | Card must:
| ||||||
25 | (1) Make application on blank forms prepared and |
| |||||||
| |||||||
1 | furnished at convenient
locations throughout the State by | ||||||
2 | the Department of State Police, or by
electronic means, if | ||||||
3 | and when made available by the Department of State
Police; | ||||||
4 | and
| ||||||
5 | (2) Submit evidence to the Department of State Police | ||||||
6 | that:
| ||||||
7 | (i) This subparagraph (i) applies through the | ||||||
8 | 180th day following the effective date of this | ||||||
9 | amendatory Act of the 101st General Assembly. He or | ||||||
10 | she is 21 years of age or over, or if he or she is | ||||||
11 | under 21
years of age that he or she has the written | ||||||
12 | consent of his or her parent or
legal guardian to | ||||||
13 | possess and acquire firearms and firearm ammunition | ||||||
14 | and that
he or she has never been convicted of a | ||||||
15 | misdemeanor other than a traffic
offense or adjudged
| ||||||
16 | delinquent, 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; | ||||||
22 | (i-5) This subparagraph (i-5) applies on and after | ||||||
23 | the 181st day following the effective date of this | ||||||
24 | amendatory Act of the 101st General Assembly. He or | ||||||
25 | she is 21 years of age or over, or if he or she is | ||||||
26 | under 21
years of age that he or she has never been |
| |||||||
| |||||||
1 | convicted of a misdemeanor other than a traffic | ||||||
2 | offense or adjudged delinquent and is an active duty | ||||||
3 | member of the United States Armed Forces or has the | ||||||
4 | written consent of his or her parent or
legal guardian | ||||||
5 | to possess and acquire firearms and firearm | ||||||
6 | ammunition, provided, however, that such parent or | ||||||
7 | legal guardian is not an
individual prohibited from | ||||||
8 | having a Firearm Owner's Identification Card and
files | ||||||
9 | an affidavit with the Department as prescribed by the | ||||||
10 | Department
stating that he or she is not an individual | ||||||
11 | prohibited from having a Card or the active duty | ||||||
12 | member of the United States Armed Forces under 21 | ||||||
13 | years of age annually submits proof to the Department | ||||||
14 | of State Police, in a manner prescribed by the | ||||||
15 | Department;
| ||||||
16 | (ii) He or she has not been convicted of a felony | ||||||
17 | under the laws of
this or any other jurisdiction;
| ||||||
18 | (iii) He or she is not addicted to narcotics;
| ||||||
19 | (iv) He or she has not been a patient in a mental | ||||||
20 | health facility within
the past 5 years or, if he or | ||||||
21 | she has been a patient in a mental health facility more | ||||||
22 | than 5 years ago submit the certification required | ||||||
23 | under subsection (u) of Section 8 of this Act;
| ||||||
24 | (v) He or she is not a person with an intellectual | ||||||
25 | disability;
| ||||||
26 | (vi) He or she is not an alien who is unlawfully |
| |||||||
| |||||||
1 | present in the
United States under the laws of the | ||||||
2 | United States;
| ||||||
3 | (vii) He or she is not subject to an existing order | ||||||
4 | of protection
prohibiting him or her from possessing a | ||||||
5 | firearm;
| ||||||
6 | (viii) He or she has not been convicted within the | ||||||
7 | past 5 years of
battery, assault, aggravated assault, | ||||||
8 | violation of an order of
protection, or a | ||||||
9 | substantially similar offense in another jurisdiction, | ||||||
10 | in
which a firearm was used or possessed;
| ||||||
11 | (ix) He or she has not been convicted of domestic | ||||||
12 | battery, aggravated domestic battery, or a
| ||||||
13 | substantially similar offense in another
jurisdiction | ||||||
14 | committed before, on or after January 1, 2012 (the | ||||||
15 | effective date of Public Act 97-158). If the applicant | ||||||
16 | knowingly and intelligently waives the right to have | ||||||
17 | an offense described in this clause (ix) tried by a | ||||||
18 | jury, and by guilty plea or otherwise, results in a | ||||||
19 | conviction for an offense in which a domestic | ||||||
20 | relationship is not a required element of the offense | ||||||
21 | but in which a determination of the applicability of | ||||||
22 | 18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of | ||||||
23 | the Code of Criminal Procedure of 1963, an entry by the | ||||||
24 | court of a judgment of conviction for that offense | ||||||
25 | shall be grounds for denying the issuance of a Firearm | ||||||
26 | Owner's Identification Card under this Section;
|
| |||||||
| |||||||
1 | (x) (Blank);
| ||||||
2 | (xi) He or she is not an alien who has been | ||||||
3 | admitted to the United
States under a non-immigrant | ||||||
4 | visa (as that term is defined in Section
101(a)(26) of | ||||||
5 | the Immigration and Nationality Act (8 U.S.C. | ||||||
6 | 1101(a)(26))),
or that he or she is an alien who has | ||||||
7 | been lawfully admitted to the United
States under a | ||||||
8 | non-immigrant visa if that alien is:
| ||||||
9 | (1) admitted to the United States for lawful | ||||||
10 | hunting or sporting
purposes;
| ||||||
11 | (2) an official representative of a foreign | ||||||
12 | government who is:
| ||||||
13 | (A) accredited to the United States | ||||||
14 | Government or the Government's
mission to an | ||||||
15 | international organization having its | ||||||
16 | headquarters in the United
States; or
| ||||||
17 | (B) en route to or from another country to | ||||||
18 | which that alien is
accredited;
| ||||||
19 | (3) an official of a foreign government or | ||||||
20 | distinguished foreign
visitor who has been so | ||||||
21 | designated by the Department of State;
| ||||||
22 | (4) a foreign law enforcement officer of a | ||||||
23 | friendly foreign
government entering the United | ||||||
24 | States on official business; or
| ||||||
25 | (5) one who has received a waiver from the | ||||||
26 | Attorney General of the
United States pursuant to |
| |||||||
| |||||||
1 | 18 U.S.C. 922(y)(3);
| ||||||
2 | (xii) He or she is not a minor subject to a | ||||||
3 | petition filed
under Section 5-520 of the Juvenile | ||||||
4 | Court Act of 1987 alleging that the
minor is a | ||||||
5 | delinquent minor for the commission of an offense that | ||||||
6 | if
committed by an adult would be a felony;
| ||||||
7 | (xiii) He or she is not an adult who had been | ||||||
8 | adjudicated a delinquent
minor under the Juvenile | ||||||
9 | Court Act of 1987 for the commission of an offense
that | ||||||
10 | if committed by an adult would be a felony;
| ||||||
11 | (xiv) He or she is a resident of the State of | ||||||
12 | Illinois; | ||||||
13 | (xv) He or she has not been adjudicated as a person | ||||||
14 | with a mental disability; | ||||||
15 | (xvi) He or she has not been involuntarily | ||||||
16 | admitted into a mental health facility; and | ||||||
17 | (xvii) He or she is not a person with a | ||||||
18 | developmental disability; and | ||||||
19 | (3) Upon request by the Department of State Police, | ||||||
20 | sign a release on a
form prescribed by the Department of | ||||||
21 | State Police waiving any right to
confidentiality and | ||||||
22 | requesting the disclosure to the Department of State | ||||||
23 | Police
of limited mental health institution admission | ||||||
24 | information from another state,
the District of Columbia, | ||||||
25 | any other territory of the United States, or a
foreign | ||||||
26 | nation concerning the applicant for the sole purpose of |
| |||||||
| |||||||
1 | determining
whether the applicant is or was a patient in a | ||||||
2 | mental health institution and
disqualified because of that | ||||||
3 | status from receiving a Firearm Owner's
Identification | ||||||
4 | Card. No mental health care or treatment records may be
| ||||||
5 | requested. The information received shall be destroyed | ||||||
6 | within one year of
receipt.
| ||||||
7 | (a-5) Each applicant for a Firearm Owner's Identification | ||||||
8 | Card who is over
the age of 18 shall furnish to the Department | ||||||
9 | of State Police either his or
her Illinois driver's license | ||||||
10 | number or Illinois Identification Card number, except as
| ||||||
11 | provided in subsection (a-10).
| ||||||
12 | (a-10) Each applicant for a Firearm Owner's Identification | ||||||
13 | Card,
who is employed as a law enforcement officer, an armed | ||||||
14 | security officer in Illinois, or by the United States Military
| ||||||
15 | permanently assigned in Illinois and who is not an Illinois | ||||||
16 | resident, shall furnish to
the Department of State Police his | ||||||
17 | or her driver's license number or state
identification card | ||||||
18 | number from his or her state of residence. The Department
of | ||||||
19 | State Police may adopt rules to enforce the provisions of this
| ||||||
20 | subsection (a-10).
| ||||||
21 | (a-15) If an applicant applying for a Firearm Owner's | ||||||
22 | Identification Card moves from the residence address named in | ||||||
23 | the application, he or she shall immediately notify in a form | ||||||
24 | and manner prescribed by the Department of State Police of | ||||||
25 | that change of address. | ||||||
26 | (a-20) Each applicant for a Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card shall furnish to the Department of State Police his or her | ||||||
2 | photograph. An applicant who is 21 years of age or older | ||||||
3 | seeking a religious exemption to the photograph requirement | ||||||
4 | must furnish with the application an approved copy of United | ||||||
5 | States Department of the Treasury Internal Revenue Service | ||||||
6 | Form 4029. In lieu of a photograph, an applicant regardless of | ||||||
7 | age seeking a religious exemption to the photograph | ||||||
8 | requirement shall submit fingerprints on a form and manner | ||||||
9 | prescribed by the Department with his or her application. | ||||||
10 | (a-25) Beginning 180 days after the effective date of this | ||||||
11 | amendatory Act of the 102nd General Assembly, each applicant | ||||||
12 | for the issuance or renewal of a Firearm Owner's | ||||||
13 | Identification Card shall include a full set of his or her | ||||||
14 | fingerprints in electronic format to the Illinois State | ||||||
15 | Police, unless the applicant has previously provided a full | ||||||
16 | set of his or her fingerprints to the Illinois State Police | ||||||
17 | under this Act or the Firearm Concealed Carry Act. | ||||||
18 | (1) The fingerprints must be transmitted through a | ||||||
19 | live scan fingerprint vendor licensed by the Department of | ||||||
20 | Financial and Professional Regulation. These fingerprints | ||||||
21 | shall be checked against the fingerprint records now and | ||||||
22 | hereafter filed in the Illinois State Police and Federal | ||||||
23 | Bureau of Investigation criminal history records | ||||||
24 | databases, including all available state and local | ||||||
25 | criminal history record information files. A live scan | ||||||
26 | fingerprint vendor may not charge more than $30 per set of |
| |||||||
| |||||||
1 | fingerprints reviewed under this Section. | ||||||
2 | (2) The Illinois State Police shall charge applicants | ||||||
3 | a one-time fee for conducting the criminal history record | ||||||
4 | check, which shall be deposited in the State Police | ||||||
5 | Services Fund and shall not exceed the actual cost of the | ||||||
6 | State and national criminal history record check. | ||||||
7 | (a-30) The Illinois State Police shall deny the | ||||||
8 | application of any person who fails to submit evidence | ||||||
9 | required by this Section. | ||||||
10 | (b) Each application form shall include the following | ||||||
11 | statement printed in
bold type: "Warning: Entering false | ||||||
12 | information on an application for a Firearm
Owner's | ||||||
13 | Identification Card is punishable as a Class 2 felony in | ||||||
14 | accordance
with subsection (d-5) of Section 14 of the Firearm | ||||||
15 | Owners Identification Card
Act.
| ||||||
16 | (c) Upon such written consent, pursuant to Section 4, | ||||||
17 | paragraph (a)(2)(i),
the parent or legal guardian giving the | ||||||
18 | consent shall be liable for any
damages resulting from the | ||||||
19 | applicant's use of firearms or firearm ammunition.
| ||||||
20 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
21 | (430 ILCS 65/5) (from Ch. 38, par. 83-5)
| ||||||
22 | Sec. 5. Application and renewal. | ||||||
23 | (a) The Department of State Police shall either approve or
| ||||||
24 | deny all complete applications within 30 days from the date | ||||||
25 | they are received,
except as provided in subsections (b) and |
| |||||||
| |||||||
1 | (c) subsection (b) of this Section, and every applicant found | ||||||
2 | qualified under Section 8 of this Act by
the Department shall | ||||||
3 | be entitled to a Firearm Owner's Identification
Card upon the | ||||||
4 | payment of a $20 $10 fee , and applicable processing fees . Any | ||||||
5 | applicant who is an active duty member of the Armed Forces of | ||||||
6 | the United States, a member of the Illinois National Guard, or | ||||||
7 | a member of the Reserve Forces of the United States is exempt | ||||||
8 | from the application fee. $10 of each fee derived from the | ||||||
9 | issuance of Firearm Owner's Identification Cards, or renewals | ||||||
10 | thereof, shall be deposited in the State Police Firearm | ||||||
11 | Services Fund; and $10 of the fee shall be deposited in the | ||||||
12 | State Police Revocation Enforcement Fund $6 of each fee | ||||||
13 | derived from the
issuance of Firearm Owner's Identification | ||||||
14 | Cards, or renewals thereof,
shall be deposited in the Wildlife | ||||||
15 | and Fish Fund in the State Treasury;
$1 of the fee shall be | ||||||
16 | deposited in the State Police Services Fund and $3 of the fee | ||||||
17 | shall be deposited in the
State Police Firearm Services Fund . | ||||||
18 | (b) Complete renewal Renewal applications shall be | ||||||
19 | approved or denied within 60 business days, provided the | ||||||
20 | applicant submitted his or her renewal application prior to | ||||||
21 | the expiration of his or her Firearm Owner's Identification | ||||||
22 | Card. If a renewal application has been submitted prior to the | ||||||
23 | expiration date of the applicant's Firearm Owner's | ||||||
24 | Identification Card, the Firearm Owner's Identification Card | ||||||
25 | shall remain valid while the Department processes the | ||||||
26 | application, unless the person is subject to or becomes |
| |||||||
| |||||||
1 | subject to revocation under this Act. The cost for a renewal | ||||||
2 | application shall be $20 and applicable processing fees, of | ||||||
3 | $10 which $10 shall be deposited into the State Police Firearm | ||||||
4 | Services Fund ; and $10 shall be deposited into the State | ||||||
5 | Police Revocation Enforcement Fund . | ||||||
6 | (c) If the Firearm Owner's Identification Card of a
| ||||||
7 | licensee under the Firearm Concealed Carry Act expires during
| ||||||
8 | the term of the licensee's concealed carry license, the
| ||||||
9 | Firearm Owner's Identification Card and the license remain
| ||||||
10 | valid and the licensee does not have to renew his or her
| ||||||
11 | Firearm Owner's Identification Card during the duration of the
| ||||||
12 | concealed carry license. Unless the Illinois State Police has
| ||||||
13 | reason to believe the licensee is no longer eligible for the
| ||||||
14 | card, the Illinois State Police may automatically renew the
| ||||||
15 | licensee's Firearm Owner's Identification Card and send a
| ||||||
16 | renewed Firearm Owner's Identification Card to the licensee.
| ||||||
17 | (d) In this Section, "complete application" and "complete | ||||||
18 | renewal application" means the applicant has submitted the | ||||||
19 | evidence required by Section 4. | ||||||
20 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
21 | (430 ILCS 65/6) (from Ch. 38, par. 83-6)
| ||||||
22 | Sec. 6. Contents of Firearm Owner's Identification Card.
| ||||||
23 | (a) A Firearm Owner's Identification Card, issued by the | ||||||
24 | Department of
State Police at such places as the Director of | ||||||
25 | the
Department shall
specify, shall contain the applicant's |
| |||||||
| |||||||
1 | name, residence, date of birth, sex,
physical description, | ||||||
2 | recent photograph, except as provided in subsection (c-5), and | ||||||
3 | signature. Each Firearm Owner's
Identification Card must have | ||||||
4 | the Firearm Owner's Identification Card number expiration date | ||||||
5 | boldly and conspicuously
displayed on the face of the card. | ||||||
6 | Each Firearm Owner's
Identification Card must have printed on | ||||||
7 | it the following: "CAUTION - This
card does not permit bearer | ||||||
8 | to UNLAWFULLY carry or use firearms."
Before December 1, 2002,
| ||||||
9 | the Department may use a person's digital photograph and | ||||||
10 | signature from his or
her
Illinois driver's license or | ||||||
11 | Illinois Identification Card, if available. On
and after | ||||||
12 | December 1, 2002,
the Department shall use a person's digital | ||||||
13 | photograph and signature from his
or her
Illinois driver's | ||||||
14 | license or Illinois Identification Card, if available. The
| ||||||
15 | Department shall decline to use a person's digital photograph | ||||||
16 | or signature if
the digital photograph or signature is the | ||||||
17 | result of or associated with
fraudulent or erroneous data, | ||||||
18 | unless otherwise provided by law.
| ||||||
19 | (b) A person applying for a Firearm Owner's Identification | ||||||
20 | Card shall
consent
to the Department of State Police using the | ||||||
21 | applicant's digital driver's
license
or Illinois | ||||||
22 | Identification Card photograph, if available, and signature on | ||||||
23 | the
applicant's
Firearm Owner's Identification Card. The | ||||||
24 | Secretary
of State shall allow the Department of State Police | ||||||
25 | access to the photograph
and signature for the purpose of | ||||||
26 | identifying the applicant and issuing to the
applicant a
|
| |||||||
| |||||||
1 | Firearm Owner's Identification Card.
| ||||||
2 | (c) The Secretary of State shall conduct a study to | ||||||
3 | determine the cost
and
feasibility of creating a method of | ||||||
4 | adding an identifiable code, background, or
other means on the | ||||||
5 | driver's license or Illinois Identification Card to show
that
| ||||||
6 | an individual is not disqualified from owning or possessing a | ||||||
7 | firearm under
State or federal law. The Secretary shall report | ||||||
8 | the findings of this study
12 months after the effective date | ||||||
9 | of this amendatory Act of the 92nd General
Assembly.
| ||||||
10 | (c-5) If a person qualifies for a photograph exemption, in | ||||||
11 | lieu of a photograph, the Firearm Owner's Identification Card | ||||||
12 | shall contain a copy of the card holder's fingerprints. Each | ||||||
13 | Firearm Owner's Identification Card described in this | ||||||
14 | subsection (c-5) must have printed on it the following: "This | ||||||
15 | card is only valid for firearm purchases through a federally | ||||||
16 | licensed firearms dealer when presented with photographic | ||||||
17 | identification, as prescribed by 18 U.S.C. 922(t)(1)(C)." | ||||||
18 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
19 | (430 ILCS 65/6.2 new) | ||||||
20 | Sec. 6.2. Electronic Firearm Owner's Identification Cards.
| ||||||
21 | The Illinois State Police may develop a system under which the
| ||||||
22 | holder of a Firearm Owner's Identification Card may display an
| ||||||
23 | electronic version of his or her Firearm Owner's
| ||||||
24 | Identification Card on a mobile telephone or other portable
| ||||||
25 | electronic device. An electronic version of a Firearm Owner's
|
| |||||||
| |||||||
1 | Identification Card shall contain security features the
| ||||||
2 | Illinois State Police determines to be necessary to ensure
| ||||||
3 | that the electronic version is accurate and current and shall
| ||||||
4 | satisfy other requirements the Illinois State Police | ||||||
5 | determines to be necessary regarding form and content. The
| ||||||
6 | display or possession of an electronic version of a valid
| ||||||
7 | Firearm Owner's Identification Card in accordance with the
| ||||||
8 | requirements of the Illinois State Police satisfies all
| ||||||
9 | requirements for the display or possession of a valid Firearm
| ||||||
10 | Owner's Identification Card under the laws of this State. The
| ||||||
11 | possession or display of an electronic Firearm Owner's
| ||||||
12 | Identification Card on a mobile telephone or other portable
| ||||||
13 | electronic device does not constitute consent for a law
| ||||||
14 | enforcement officer, court, or other officer of the court to
| ||||||
15 | access other contents of the mobile telephone or other
| ||||||
16 | portable electronic device. The Illinois State Police may
| ||||||
17 | adopt rules to implement this Section.
| ||||||
18 | (430 ILCS 65/7) (from Ch. 38, par. 83-7)
| ||||||
19 | Sec. 7. Validity of Firearm Owner's Identification Card. | ||||||
20 | (a) Except as provided in Section 8 of this Act or | ||||||
21 | elsewhere in subsection (b) of this Section, a Firearm Owner's
| ||||||
22 | Identification Card issued under the provisions of this Act | ||||||
23 | shall be valid
for the person to whom it is issued for a period | ||||||
24 | of 5 10 years from the date
of issuance. Unless the person no
| ||||||
25 | longer meets the requirements or becomes subject to suspension
|
| |||||||
| |||||||
1 | or revocation under this Act, a card issued pursuant to an
| ||||||
2 | application made as provided in subsection (a-25) of Section 4
| ||||||
3 | shall remain valid if the person meets the requirements of
| ||||||
4 | subsection (b-5) of Section 3.1. Any person whose card was | ||||||
5 | previously issued for a period of 10 years shall retain the | ||||||
6 | 10-year issuance period until the next date of renewal, at | ||||||
7 | which point the card shall be renewed for 5 years. | ||||||
8 | (b) If a renewal application is submitted to the | ||||||
9 | Department before the expiration date of the applicant's | ||||||
10 | current Firearm Owner's Identification Card, the Firearm | ||||||
11 | Owner's Identification Card shall remain valid for a period of | ||||||
12 | 60 business days , unless the person is subject to or becomes | ||||||
13 | subject to revocation under this Act. Unless the person no
| ||||||
14 | longer meets the requirements or becomes subject to suspension
| ||||||
15 | or revocation under this Act, a card issued pursuant to a
| ||||||
16 | renewal application made as provided in subsection (a-25) of
| ||||||
17 | Section 4 shall remain valid if the person meets the
| ||||||
18 | implementation requirements of Section 3.1. | ||||||
19 | (c) If the Firearm Owner's Identification Card of a
| ||||||
20 | licensee under the Firearm Concealed Carry Act expires during
| ||||||
21 | the term of the licensee's concealed carry license, the
| ||||||
22 | Firearm Owner's Identification Card and the license remain
| ||||||
23 | valid during the validity of the concealed carry license and
| ||||||
24 | the licensee does not have to renew his or her Firearm Owner's
| ||||||
25 | Identification Card, if the Firearm Owner's Identification
| ||||||
26 | Card has not been otherwise renewed as provided in this Act.
|
| |||||||
| |||||||
1 | Unless the Illinois State Police has reason to believe the
| ||||||
2 | licensee is no longer eligible for the card, the Illinois
| ||||||
3 | State Police may automatically renew the licensee's Firearm
| ||||||
4 | Owner's Identification Card and send a renewed Firearm Owner's
| ||||||
5 | Identification Card to the licensee.
| ||||||
6 | (Source: P.A. 100-906, eff. 1-1-19 .)
| ||||||
7 | (430 ILCS 65/7.5 new) | ||||||
8 | Sec. 7.5. Email notifications. A person subject to this | ||||||
9 | Act may notify the Illinois State Police upon application or | ||||||
10 | at any time thereafter that he or she would like to receive | ||||||
11 | correspondence from the Illinois State Police via email rather | ||||||
12 | than by mail.
| ||||||
13 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| ||||||
14 | Sec. 8. Grounds for denial and revocation. The Department | ||||||
15 | of State Police has authority to deny an
application for or to | ||||||
16 | revoke and seize a Firearm Owner's Identification
Card | ||||||
17 | previously issued under this Act only if the Department finds | ||||||
18 | that the
applicant or the person to whom such card was issued | ||||||
19 | is or was at the time
of issuance:
| ||||||
20 | (a) A person under 21 years of age who has been | ||||||
21 | convicted of a
misdemeanor other than a traffic offense or | ||||||
22 | adjudged delinquent;
| ||||||
23 | (b) This subsection (b) applies through the 180th day | ||||||
24 | following the effective date of this amendatory Act of the |
| |||||||
| |||||||
1 | 101st General Assembly. A person under 21 years of age who | ||||||
2 | does not have the written consent
of his parent or | ||||||
3 | guardian to acquire and possess firearms and firearm
| ||||||
4 | ammunition, or whose parent or guardian has revoked such | ||||||
5 | written consent,
or where such parent or guardian does not | ||||||
6 | qualify to have a Firearm Owner's
Identification Card; | ||||||
7 | (b-5) This subsection (b-5) applies on and after the | ||||||
8 | 181st day following the effective date of this amendatory | ||||||
9 | Act of the 101st General Assembly. A person under 21 years | ||||||
10 | of age who is not an active duty member of the United | ||||||
11 | States Armed Forces and does not have the written consent
| ||||||
12 | of his or her parent or guardian to acquire and possess | ||||||
13 | firearms and firearm
ammunition, or whose parent or | ||||||
14 | guardian has revoked such written consent,
or where such | ||||||
15 | parent or guardian does not qualify to have a Firearm | ||||||
16 | Owner's
Identification Card;
| ||||||
17 | (c) A person convicted of a felony under the laws of | ||||||
18 | this or any other
jurisdiction;
| ||||||
19 | (d) A person addicted to narcotics;
| ||||||
20 | (e) A person who has been a patient of a mental health | ||||||
21 | facility within the
past 5 years or a person who has been a | ||||||
22 | patient in a mental health facility more than 5 years ago | ||||||
23 | who has not received the certification required under | ||||||
24 | subsection (u) of this Section. An active law enforcement | ||||||
25 | officer employed by a unit of government who is denied, | ||||||
26 | revoked, or has his or her Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card seized under this subsection (e) may obtain relief as | ||||||
2 | described in subsection (c-5) of Section 10 of this Act if | ||||||
3 | the officer did not act in a manner threatening to the | ||||||
4 | officer, another person, or the public as determined by | ||||||
5 | the treating clinical psychologist or physician, and the | ||||||
6 | officer seeks mental health treatment;
| ||||||
7 | (f) A person whose mental condition is of such a | ||||||
8 | nature that it poses
a clear and present danger to the | ||||||
9 | applicant, any other person or persons or
the community;
| ||||||
10 | (g) A person who has an intellectual disability;
| ||||||
11 | (h) A person who intentionally makes a false statement | ||||||
12 | in the Firearm
Owner's Identification Card application;
| ||||||
13 | (i) An alien who is unlawfully present in
the United | ||||||
14 | States under the laws of the United States;
| ||||||
15 | (i-5) An alien who has been admitted to the United | ||||||
16 | States under a
non-immigrant visa (as that term is defined | ||||||
17 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
18 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
19 | (i-5) does not apply to any alien who has been lawfully | ||||||
20 | admitted to
the United States under a non-immigrant visa | ||||||
21 | if that alien is:
| ||||||
22 | (1) admitted to the United States for lawful | ||||||
23 | hunting or sporting purposes;
| ||||||
24 | (2) an official representative of a foreign | ||||||
25 | government who is:
| ||||||
26 | (A) accredited to the United States Government |
| |||||||
| |||||||
1 | or the Government's
mission to an international | ||||||
2 | organization having its headquarters in the United
| ||||||
3 | States; or
| ||||||
4 | (B) en route to or from another country to | ||||||
5 | which that alien is
accredited;
| ||||||
6 | (3) an official of a foreign government or | ||||||
7 | distinguished foreign visitor
who has been so | ||||||
8 | designated by the Department of State;
| ||||||
9 | (4) a foreign law enforcement officer of a | ||||||
10 | friendly foreign government
entering the United States | ||||||
11 | on official business; or
| ||||||
12 | (5) one who has received a waiver from the | ||||||
13 | Attorney General of the United
States pursuant to 18 | ||||||
14 | U.S.C. 922(y)(3);
| ||||||
15 | (j) (Blank);
| ||||||
16 | (k) A person who has been convicted within the past 5 | ||||||
17 | years of battery,
assault, aggravated assault, violation | ||||||
18 | of an order of protection, or a
substantially similar | ||||||
19 | offense in another jurisdiction, in which a firearm was
| ||||||
20 | used or possessed;
| ||||||
21 | (l) A person who has been convicted of domestic | ||||||
22 | battery, aggravated domestic battery, or a substantially
| ||||||
23 | similar offense in another jurisdiction committed before, | ||||||
24 | on or after January 1, 2012 (the effective date of Public | ||||||
25 | Act 97-158). If the applicant or person who has been | ||||||
26 | previously issued a Firearm Owner's Identification Card |
| |||||||
| |||||||
1 | under this Act knowingly and intelligently waives the | ||||||
2 | right to have an offense described in this paragraph (l) | ||||||
3 | tried by a jury, and by guilty plea or otherwise, results | ||||||
4 | in a conviction for an offense in which a domestic | ||||||
5 | relationship is not a required element of the offense but | ||||||
6 | in which a determination of the applicability of 18 U.S.C. | ||||||
7 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
8 | Criminal Procedure of 1963, an entry by the court of a | ||||||
9 | judgment of conviction for that offense shall be grounds | ||||||
10 | for denying an application for and for revoking and | ||||||
11 | seizing a Firearm Owner's Identification Card previously | ||||||
12 | issued to the person under this Act;
| ||||||
13 | (m) (Blank);
| ||||||
14 | (n) A person who is prohibited from acquiring or | ||||||
15 | possessing
firearms or firearm ammunition by any Illinois | ||||||
16 | State statute or by federal
law;
| ||||||
17 | (o) A minor subject to a petition filed under Section | ||||||
18 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
19 | minor is a delinquent minor for
the commission of an | ||||||
20 | offense that if committed by an adult would be a felony;
| ||||||
21 | (p) An adult who had been adjudicated a delinquent | ||||||
22 | minor under the Juvenile
Court Act of 1987 for the | ||||||
23 | commission of an offense that if committed by an
adult | ||||||
24 | would be a felony;
| ||||||
25 | (q) A person who is not a resident of the State of | ||||||
26 | Illinois, except as provided in subsection (a-10) of |
| |||||||
| |||||||
1 | Section 4; | ||||||
2 | (r) A person who has been adjudicated as a person with | ||||||
3 | a mental disability; | ||||||
4 | (s) A person who has been found to have a | ||||||
5 | developmental disability; | ||||||
6 | (t) A person involuntarily admitted into a mental | ||||||
7 | health facility; or | ||||||
8 | (u) A person who has had his or her Firearm Owner's | ||||||
9 | Identification Card revoked or denied under subsection (e) | ||||||
10 | of this Section or item (iv) of paragraph (2) of | ||||||
11 | subsection (a) of Section 4 of this Act because he or she | ||||||
12 | was a patient in a mental health facility as provided in | ||||||
13 | subsection (e) of this Section, shall not be permitted to | ||||||
14 | obtain a Firearm Owner's Identification Card, after the | ||||||
15 | 5-year period has lapsed, unless he or she has received a | ||||||
16 | mental health evaluation by a physician, clinical | ||||||
17 | psychologist, or qualified examiner as those terms are | ||||||
18 | defined in the Mental Health and Developmental | ||||||
19 | Disabilities Code, and has received a certification that | ||||||
20 | he or she is not a clear and present danger to himself, | ||||||
21 | herself, or others. The physician, clinical psychologist, | ||||||
22 | or qualified examiner making the certification and his or | ||||||
23 | her employer shall not be held criminally, civilly, or | ||||||
24 | professionally liable for making or not making the | ||||||
25 | certification required under this subsection, except for | ||||||
26 | willful or wanton misconduct. This subsection does not |
| |||||||
| |||||||
1 | apply to a person whose firearm possession rights have | ||||||
2 | been restored through administrative or judicial action | ||||||
3 | under Section 10 or 11 of this Act ; or . | ||||||
4 | (v) A person who has failed to submit the evidence | ||||||
5 | required by Section 4. | ||||||
6 | Upon revocation of a person's Firearm Owner's | ||||||
7 | Identification Card, the Department of State Police shall | ||||||
8 | provide notice to the person within 7 business days and the | ||||||
9 | person shall comply with Section 9.5 of this Act. | ||||||
10 | (Source: P.A. 101-80, eff. 7-12-19.)
| ||||||
11 | (430 ILCS 65/8.2) | ||||||
12 | Sec. 8.2. Firearm Owner's Identification Card denial , | ||||||
13 | suspension, or revocation. The Department of State Police | ||||||
14 | shall deny an application or shall suspend or revoke and seize | ||||||
15 | a Firearm Owner's Identification Card previously issued under | ||||||
16 | this Act if the Department finds that the applicant or person | ||||||
17 | to whom such card was issued is or was at the time of issuance | ||||||
18 | subject to a protective order an existing order of protection , | ||||||
19 | or firearms restraining order , stalking no contact order, or | ||||||
20 | civil no contact order. When the duration of the protective | ||||||
21 | order is expected to be less than one year, the Illinois State | ||||||
22 | Police shall suspend the Firearm Owner's Identification Card | ||||||
23 | pursuant to Section 8.3 of this Act and shall reinstate it upon | ||||||
24 | conclusion of the suspension if no other grounds for denial or | ||||||
25 | revocation are found pursuant to Section 8 .
|
| |||||||
| |||||||
1 | (Source: P.A. 100-607, eff. 1-1-19 .) | ||||||
2 | (430 ILCS 65/8.3) | ||||||
3 | Sec. 8.3. Suspension of Firearm Owner's Identification | ||||||
4 | Card. The Department of State Police may suspend , by rule in a | ||||||
5 | manner consistent with the Department's rules concerning | ||||||
6 | revocation, provide for the suspension of the Firearm Owner's | ||||||
7 | Identification Card of a person whose Firearm Owner's | ||||||
8 | Identification Card is subject to revocation and seizure under | ||||||
9 | this Act for the duration of the disqualification if the | ||||||
10 | disqualification is not a permanent grounds for revocation of | ||||||
11 | a Firearm Owner's Identification Card under this Act. The | ||||||
12 | Illinois State Police may adopt rules necessary to implement | ||||||
13 | this Section.
| ||||||
14 | (Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19 .) | ||||||
15 | (430 ILCS 65/8.4 new) | ||||||
16 | Sec. 8.4. Cancellation of Firearm Owner's Identification | ||||||
17 | Card. The Illinois State Police may cancel a Firearm Owner's | ||||||
18 | Identification Card if a person is not prohibited by State or | ||||||
19 | federal law from acquiring or possessing a firearm or firearm | ||||||
20 | ammunition and the sole purpose is for an administrative | ||||||
21 | reason. This includes, but is not limited to, at the request of | ||||||
22 | the Firearm Owner's Identification Card holder, a person who | ||||||
23 | surrenders his or her Illinois driver's license or Illinois | ||||||
24 | Identification Card to another jurisdiction, or a person's |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card is reported as lost, | ||||||
2 | stolen, or destroyed. The Illinois State Police may adopt | ||||||
3 | rules necessary to implement this Section. | ||||||
4 | (430 ILCS 65/9.5) | ||||||
5 | Sec. 9.5. Revocation or suspension of Firearm Owner's | ||||||
6 | Identification
Card. | ||||||
7 | (a) A person who receives a revocation or suspension | ||||||
8 | notice under Section 9 of this Act shall, within 48 hours of | ||||||
9 | receiving notice of the revocation or suspension : | ||||||
10 | (1) surrender his or her Firearm Owner's | ||||||
11 | Identification Card to the local law enforcement agency | ||||||
12 | where the person resides or . The local law enforcement | ||||||
13 | agency shall provide the person a receipt and transmit the | ||||||
14 | Firearm Owner's Identification Card to the Department of | ||||||
15 | State Police; and | ||||||
16 | (2) complete a Firearm Disposition Record on a form | ||||||
17 | prescribed by the Department of State Police and place his | ||||||
18 | or her firearms in the location or with the person | ||||||
19 | reported in the Firearm Disposition Record. The form shall | ||||||
20 | require the person to disclose: | ||||||
21 | (A) the make, model, and serial number of each | ||||||
22 | firearm owned by or under the custody and control of | ||||||
23 | the revoked or suspended person; | ||||||
24 | (B) the location where each firearm will be | ||||||
25 | maintained during the prohibited term; and |
| |||||||
| |||||||
1 | (C) if any firearm will be transferred to the | ||||||
2 | custody of another person, the name, address and | ||||||
3 | Firearm Owner's Identification Card number of the | ||||||
4 | transferee ; and | ||||||
5 | (D) to whom his or her Firearm Owner's
| ||||||
6 | Identification Card was surrendered.
Once completed, | ||||||
7 | the person shall retain a copy and
provide a copy of | ||||||
8 | the Firearm Disposition Record to the
Illinois State | ||||||
9 | Police. . | ||||||
10 | (a-5) The Firearm Disposition Record shall contain a | ||||||
11 | statement to be signed by the transferee that the transferee: | ||||||
12 | (1) is aware of, and will abide by, current law | ||||||
13 | regarding the unlawful transfer of a firearm; | ||||||
14 | (2) is aware of the penalties for violating the law as | ||||||
15 | it pertains to unlawful transfer of a firearm; and | ||||||
16 | (3) intends to retain possession of the firearm or | ||||||
17 | firearms until it is determined that the transferor is | ||||||
18 | legally eligible to possess a firearm and has an active | ||||||
19 | Firearm Owner's Identification Card, if applicable, or | ||||||
20 | until a new person is chosen to hold the firearm or | ||||||
21 | firearms. | ||||||
22 | (b) Surrendered Firearm Owner's Identification Cards shall
| ||||||
23 | be destroyed by the law enforcement agency receiving the
| ||||||
24 | cards. The local law enforcement agency shall provide a copy | ||||||
25 | of the Firearm Disposition Record to the person whose Firearm | ||||||
26 | Owner's Identification Card has been revoked and to the |
| |||||||
| |||||||
1 | Department of State Police. | ||||||
2 | (b-5) If a court orders the surrender of a Firearms
| ||||||
3 | Owner's Identification Card and accepts receipt of the Card,
| ||||||
4 | the court shall destroy the Card and direct the person whose
| ||||||
5 | Firearm Owner's Identification Card has been surrendered to
| ||||||
6 | comply with paragraph (2) of subsection (a). | ||||||
7 | (b-10) If the person whose Firearm Owner's Identification
| ||||||
8 | Card has been revoked has either lost or destroyed the Card,
| ||||||
9 | the person must still comply with paragraph (2) of subsection
| ||||||
10 | (a). | ||||||
11 | (b-15) A notation shall be made in the portal created
| ||||||
12 | under Section 2605-304 of the Department of State Police Law
| ||||||
13 | of the Civil Administrative Code of Illinois that the revoked | ||||||
14 | Firearm Owner's Identification Card has been destroyed. | ||||||
15 | (c) The Illinois State Police shall conduct enforcement | ||||||
16 | operations against persons whose Firearm Owner's | ||||||
17 | Identification Cards have been revoked or suspended and | ||||||
18 | persons who fail to comply with the requirements of this | ||||||
19 | Section, prioritizing individuals presenting a clear and | ||||||
20 | present danger to themselves or to others under paragraph (2) | ||||||
21 | of subsection (d) of Section 8.1. If the person whose Firearm | ||||||
22 | Owner's Identification Card has been revoked or suspended | ||||||
23 | fails to comply with the requirements of this Section, the | ||||||
24 | sheriff or law enforcement agency where the person resides may | ||||||
25 | petition the circuit court to issue a warrant to search for and | ||||||
26 | seize the Firearm Owner's Identification Card and firearms in |
| |||||||
| |||||||
1 | the possession or under the custody or control of the person | ||||||
2 | whose Firearm Owner's Identification Card has been revoked or | ||||||
3 | suspended . | ||||||
4 | (d) A violation of subsection (a) of this Section is a | ||||||
5 | Class A misdemeanor. | ||||||
6 | (e) The observation of a Firearm Owner's Identification | ||||||
7 | Card in the possession of a person whose Firearm Owner's | ||||||
8 | Identification Card has been revoked or suspended constitutes | ||||||
9 | a sufficient basis for the arrest of that person for violation | ||||||
10 | of this Section. | ||||||
11 | (f) Within 30 days after the effective date of this | ||||||
12 | amendatory Act of the 98th General Assembly, the Department of | ||||||
13 | State Police shall provide written notice of the requirements | ||||||
14 | of this Section to persons whose Firearm Owner's | ||||||
15 | Identification Cards have been revoked, suspended, or expired | ||||||
16 | and who have failed to surrender their cards to the | ||||||
17 | Department. | ||||||
18 | (g) A person whose Firearm Owner's Identification Card has | ||||||
19 | been revoked or suspended and who received notice under | ||||||
20 | subsection (f) shall comply with the requirements of this | ||||||
21 | Section within 48 hours of receiving notice.
| ||||||
22 | (h) Nothing in this Section prevents a court from ordering | ||||||
23 | an individual to surrender his or her Firearm Owner's | ||||||
24 | Identification Card and any firearms to a law enforcement | ||||||
25 | agency of the court's choosing, in a timeframe shorter than 48 | ||||||
26 | hours after receipt of the notice of revocation or suspension. |
| |||||||
| |||||||
1 | (Source: P.A. 98-63, eff. 7-9-13.)
| ||||||
2 | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| ||||||
3 | Sec. 10. Appeals Appeal to director ; hearing; relief from | ||||||
4 | firearm prohibitions. | ||||||
5 | (a) Whenever an application for a Firearm Owner's | ||||||
6 | Identification
Card is denied, whenever the Illinois State | ||||||
7 | Police Department fails to act on an application
within 30 | ||||||
8 | days of its receipt, or whenever such a Card is revoked or | ||||||
9 | seized
as provided for in Section 8 of this Act, the aggrieved | ||||||
10 | party may
appeal
to the Firearm Owner's Identification Card | ||||||
11 | Review Board Director of State Police for a hearing upon
such | ||||||
12 | denial, revocation or seizure, unless the denial, revocation, | ||||||
13 | or seizure
was based upon a forcible felony, stalking, | ||||||
14 | aggravated stalking, domestic
battery, any violation of the | ||||||
15 | Illinois Controlled Substances Act, the Methamphetamine | ||||||
16 | Control and Community Protection Act, or the
Cannabis Control | ||||||
17 | Act that is classified as a Class 2 or greater felony,
any
| ||||||
18 | felony violation of Article 24 of the Criminal Code of 1961 or | ||||||
19 | the Criminal Code of 2012, or any
adjudication as a delinquent | ||||||
20 | minor for the commission of an
offense that if committed by an | ||||||
21 | adult would be a felony, in which case the
aggrieved party may | ||||||
22 | petition the circuit court in writing in the county of
his or | ||||||
23 | her residence for a hearing upon such denial, revocation, or | ||||||
24 | seizure.
| ||||||
25 | (a-5) There is created within the Illinois State Police a |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card Review Board to consider | ||||||
2 | any appeal under subsection (a), other than an appeal directed | ||||||
3 | to the circuit court. | ||||||
4 | (1) The Board shall consist of 7 members appointed by | ||||||
5 | the Governor, with the advice and consent of the Senate, | ||||||
6 | with 3 members residing within the First Judicial District | ||||||
7 | and one member residing within each of the 4 remaining | ||||||
8 | Judicial Districts. No more than 4 members shall be | ||||||
9 | members of the same political party. The Governor shall | ||||||
10 | designate one member as the chairperson. The Board shall | ||||||
11 | consist of: | ||||||
12 | (A) one member with at least 5 years of service as | ||||||
13 | a federal or State judge; | ||||||
14 | (B) two members with at least 5 years of | ||||||
15 | experience serving as an attorney with the United | ||||||
16 | States Department of Justice, or as a State's Attorney | ||||||
17 | or Assistant State's Attorney; | ||||||
18 | (C) three members with at least 5 years of | ||||||
19 | experience as a federal, State, or local law | ||||||
20 | enforcement agent or as an employee with investigative | ||||||
21 | experience or duties related to criminal justice under | ||||||
22 | the United States Department of Justice, Drug | ||||||
23 | Enforcement Administration, Department of Homeland | ||||||
24 | Security, Federal Bureau of Investigation, or a State | ||||||
25 | or local law enforcement agency; and | ||||||
26 | (D) one member with at least 5 years of experience |
| |||||||
| |||||||
1 | as a licensed physician or clinical psychologist with | ||||||
2 | expertise in the diagnosis and treatment of mental | ||||||
3 | illness. | ||||||
4 | (2) The terms of the members initially appointed after
| ||||||
5 | the effective date of this amendatory Act of the 102nd | ||||||
6 | General Assembly shall be as follows: one of
the initial | ||||||
7 | members shall be appointed for a term of one year, 3 shall | ||||||
8 | be
appointed for terms of 2 years, and 3 shall be appointed | ||||||
9 | for terms of 4 years. Thereafter, members shall hold | ||||||
10 | office for 4 years, with terms expiring on the second | ||||||
11 | Monday in January immediately following the expiration of | ||||||
12 | their terms and every 4 years thereafter. Members may be | ||||||
13 | reappointed. Vacancies in the office of member shall be | ||||||
14 | filled in the same manner as the original appointment, for | ||||||
15 | the remainder of the unexpired term. The Governor may | ||||||
16 | remove a member for incompetence, neglect of duty, | ||||||
17 | malfeasance, or inability to serve. Members shall receive | ||||||
18 | compensation in an amount equal to the compensation of | ||||||
19 | members of the Executive Ethics Commission and may be | ||||||
20 | reimbursed, from funds appropriated for such a purpose, | ||||||
21 | for reasonable expenses actually incurred in the | ||||||
22 | performance of their Board duties. The Illinois State | ||||||
23 | Police shall designate an employee to serve as Executive | ||||||
24 | Director of the Board and provide logistical and | ||||||
25 | administrative assistance to the Board. | ||||||
26 | (3) The Board shall meet at least quarterly each year |
| |||||||
| |||||||
1 | and at the call of the chairperson as often as necessary to | ||||||
2 | consider appeals of decisions made with respect to | ||||||
3 | applications for a Firearm Owner's Identification Card | ||||||
4 | under this Act. If necessary to ensure the participation | ||||||
5 | of a member, the Board shall allow a member to participate | ||||||
6 | in a Board meeting by electronic communication. Any member | ||||||
7 | participating electronically shall be deemed present for | ||||||
8 | purposes of establishing a quorum and voting. | ||||||
9 | (4) The Board shall adopt rules for the review of | ||||||
10 | appeals and the conduct of hearings. The Board shall | ||||||
11 | maintain a record of its decisions and all materials | ||||||
12 | considered in making its decisions. All Board decisions | ||||||
13 | and voting records shall be kept confidential and all | ||||||
14 | materials considered by the Board shall be exempt from | ||||||
15 | inspection except upon order of a court. | ||||||
16 | (5) In considering an appeal, the Board shall review | ||||||
17 | the materials received concerning the denial, suspension, | ||||||
18 | or revocation by the Illinois State Police. By a vote of at | ||||||
19 | least 4 members, the Board may request additional | ||||||
20 | information from the Illinois State Police or the | ||||||
21 | applicant or the testimony of the Illinois State Police or | ||||||
22 | the applicant. The Board may require that the applicant | ||||||
23 | submit electronic fingerprints to the Illinois State | ||||||
24 | Police for an updated background check if the Board | ||||||
25 | determines it lacks sufficient information to determine | ||||||
26 | eligibility. The Board may consider information submitted |
| |||||||
| |||||||
1 | by the Illinois State Police, a law enforcement agency, or | ||||||
2 | the applicant. The Board shall review each denial, | ||||||
3 | suspension, or revocation and determine by a majority of | ||||||
4 | members whether an applicant is eligible for a Firearm | ||||||
5 | Owner's Identification Card. | ||||||
6 | (6) The Board shall issue a decision within 45 | ||||||
7 | business days of receiving all completed appeal documents | ||||||
8 | from the Illinois State Police and the applicant. However, | ||||||
9 | the Board need not issue a decision within 45 business | ||||||
10 | days if: | ||||||
11 | (A) the Board requests information from the | ||||||
12 | applicant, including, but not limited to, electronic | ||||||
13 | fingerprints to be submitted to the Illinois State | ||||||
14 | Police, in accordance with paragraph (5) of this | ||||||
15 | subsection, in which case the Board shall make a | ||||||
16 | decision within 30 days of receipt of the required | ||||||
17 | information from the applicant; | ||||||
18 | (B) the applicant agrees, in writing, to allow the | ||||||
19 | Board additional time to consider an appeal; or | ||||||
20 | (C) the Board notifies the applicant and the | ||||||
21 | Illinois State Police that the Board needs an | ||||||
22 | additional 30 days to issue a decision. | ||||||
23 | (7) If the Board determines by a preponderance of the | ||||||
24 | evidence that the applicant fails to meet the eligibility | ||||||
25 | requirements or is a prohibited person under State or | ||||||
26 | federal law, poses a danger to himself or herself or |
| |||||||
| |||||||
1 | others, or is a threat to public safety, then the Board | ||||||
2 | shall affirm the denial, suspension, or revocation and | ||||||
3 | shall notify the applicant and the Illinois State Police | ||||||
4 | that the applicant is ineligible for a Firearm Owner's | ||||||
5 | Identification Card. If the Board does not determine by a | ||||||
6 | preponderance of the evidence that the applicant fails to | ||||||
7 | meet the eligibility requirements or is a prohibited | ||||||
8 | person under State or federal law, poses a danger to | ||||||
9 | himself or herself or others, or is a threat to public | ||||||
10 | safety, then the Board shall notify the applicant and the | ||||||
11 | Illinois State Police that the applicant is eligible for a | ||||||
12 | Firearm Owner's Identification Card. | ||||||
13 | (8) Meetings of the Board shall not be subject to the | ||||||
14 | Open Meetings Act and records of the Board shall not be | ||||||
15 | subject to the Freedom of Information Act. | ||||||
16 | (9) The Board shall report monthly to the Governor and | ||||||
17 | the General Assembly on the number of appeals received and | ||||||
18 | provide details of the circumstances in which the Board | ||||||
19 | has determined to deny Firearm Owner's Identification | ||||||
20 | Cards under this subsection (a-5). The report shall not | ||||||
21 | contain any identifying information about the applicants. | ||||||
22 | (b) At least 30 days before any hearing in the circuit | ||||||
23 | court, the
petitioner shall serve the
relevant State's | ||||||
24 | Attorney with a copy of the petition. The State's Attorney
may | ||||||
25 | object to the petition and present evidence. At the hearing , | ||||||
26 | the court
shall
determine whether substantial justice has been |
| |||||||
| |||||||
1 | done. Should the court
determine that substantial justice has | ||||||
2 | not been done, the court shall issue an
order directing the | ||||||
3 | Illinois Department of State Police to issue a Card. However, | ||||||
4 | the court shall not issue the order if the petitioner is | ||||||
5 | otherwise prohibited from obtaining, possessing, or using a | ||||||
6 | firearm under
federal law.
| ||||||
7 | (c) Any person prohibited from possessing a firearm under | ||||||
8 | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | ||||||
9 | acquiring a Firearm Owner's
Identification Card under Section | ||||||
10 | 8 of this Act may apply to
the Firearm Owner's Identification | ||||||
11 | Card Review Board Director
of State Police
or petition the | ||||||
12 | circuit court in the county where the petitioner resides,
| ||||||
13 | whichever is applicable in accordance with subsection (a) of | ||||||
14 | this Section,
requesting relief
from such prohibition and the | ||||||
15 | Board Director or court may grant such relief if it
is
| ||||||
16 | established by the applicant to the court's or the Board's | ||||||
17 | Director's satisfaction
that:
| ||||||
18 | (0.05) when in the circuit court, the State's Attorney | ||||||
19 | has been served
with a written
copy of the
petition at | ||||||
20 | least 30 days before any such hearing in the circuit court | ||||||
21 | and at
the hearing the
State's Attorney was afforded an | ||||||
22 | opportunity to present evidence and object to
the | ||||||
23 | petition;
| ||||||
24 | (1) the applicant has not been convicted of a forcible | ||||||
25 | felony under the
laws of this State or any other | ||||||
26 | jurisdiction within 20 years of the
applicant's |
| |||||||
| |||||||
1 | application for a Firearm Owner's Identification Card, or | ||||||
2 | at
least 20 years have passed since the end of any period | ||||||
3 | of imprisonment
imposed in relation to that conviction;
| ||||||
4 | (2) the circumstances regarding a criminal conviction, | ||||||
5 | where applicable,
the applicant's criminal history and his | ||||||
6 | reputation are such that the applicant
will not be likely | ||||||
7 | to act in a manner dangerous to public safety;
| ||||||
8 | (3) granting relief would not be contrary to the | ||||||
9 | public interest; and | ||||||
10 | (4) granting relief would not be contrary to federal | ||||||
11 | law.
| ||||||
12 | (c-5) (1) An active law enforcement officer employed by a | ||||||
13 | unit of government, who is denied, revoked, or has his or her | ||||||
14 | Firearm Owner's Identification Card seized under subsection | ||||||
15 | (e) of Section 8 of this Act may apply to the Firearm Owner's | ||||||
16 | Identification Card Review Board Director of State Police | ||||||
17 | requesting relief if the officer did not act in a manner | ||||||
18 | threatening to the officer, another person, or the public as | ||||||
19 | determined by the treating clinical psychologist or physician, | ||||||
20 | and as a result of his or her work is referred by the employer | ||||||
21 | for or voluntarily seeks mental health evaluation or treatment | ||||||
22 | by a licensed clinical psychologist, psychiatrist, or | ||||||
23 | qualified examiner, and: | ||||||
24 | (A) the officer has not received treatment | ||||||
25 | involuntarily at a mental health facility, regardless of | ||||||
26 | the length of admission; or has not been voluntarily |
| |||||||
| |||||||
1 | admitted to a mental health facility for more than 30 days | ||||||
2 | and not for more than one incident within the past 5 years; | ||||||
3 | and | ||||||
4 | (B) the officer has not left the mental institution | ||||||
5 | against medical advice. | ||||||
6 | (2) The Firearm Owner's Identification Card Review Board | ||||||
7 | Director of State Police shall grant expedited relief to | ||||||
8 | active law enforcement officers described in paragraph (1) of | ||||||
9 | this subsection (c-5) upon a determination by the Board | ||||||
10 | Director that the officer's possession of a firearm does not | ||||||
11 | present a threat to themselves, others, or public safety. The | ||||||
12 | Board Director shall act on the request for relief within 30 | ||||||
13 | business days of receipt of: | ||||||
14 | (A) a notarized statement from the officer in the form | ||||||
15 | prescribed by the Board Director detailing the | ||||||
16 | circumstances that led to the hospitalization; | ||||||
17 | (B) all documentation regarding the admission, | ||||||
18 | evaluation, treatment and discharge from the treating | ||||||
19 | licensed clinical psychologist or psychiatrist of the | ||||||
20 | officer; | ||||||
21 | (C) a psychological fitness for duty evaluation of the | ||||||
22 | person completed after the time of discharge; and | ||||||
23 | (D) written confirmation in the form prescribed by the | ||||||
24 | Board Director from the treating licensed clinical | ||||||
25 | psychologist or psychiatrist that the provisions set forth | ||||||
26 | in paragraph (1) of this subsection (c-5) have been met, |
| |||||||
| |||||||
1 | the person successfully completed treatment, and their | ||||||
2 | professional opinion regarding the person's ability to | ||||||
3 | possess firearms. | ||||||
4 | (3) Officers eligible for the expedited relief in | ||||||
5 | paragraph (2) of this subsection (c-5) have the burden of | ||||||
6 | proof on eligibility and must provide all information | ||||||
7 | required. The Board Director may not consider granting | ||||||
8 | expedited relief until the proof and information is received. | ||||||
9 | (4) "Clinical psychologist", "psychiatrist", and | ||||||
10 | "qualified examiner" shall have the same meaning as provided | ||||||
11 | in Chapter I of the Mental Health and Developmental | ||||||
12 | Disabilities Code. | ||||||
13 | (c-10) (1) An applicant, who is denied, revoked, or has | ||||||
14 | his or her Firearm Owner's Identification Card seized under | ||||||
15 | subsection (e) of Section 8 of this Act based upon a | ||||||
16 | determination of a developmental disability or an intellectual | ||||||
17 | disability may apply to the Firearm Owner's Identification | ||||||
18 | Card Review Board Director of State Police requesting relief. | ||||||
19 | (2) The Board Director shall act on the request for relief | ||||||
20 | within 60 business days of receipt of written certification, | ||||||
21 | in the form prescribed by the Board Director , from a physician | ||||||
22 | or clinical psychologist, or qualified examiner, that the | ||||||
23 | aggrieved party's developmental disability or intellectual | ||||||
24 | disability condition is determined by a physician, clinical | ||||||
25 | psychologist, or qualified to be mild. If a fact-finding | ||||||
26 | conference is scheduled to obtain additional information |
| |||||||
| |||||||
1 | concerning the circumstances of the denial or revocation, the | ||||||
2 | 60 business days the Director has to act shall be tolled until | ||||||
3 | the completion of the fact-finding conference. | ||||||
4 | (3) The Board Director may grant relief if the aggrieved | ||||||
5 | party's developmental disability or intellectual disability is | ||||||
6 | mild as determined by a physician, clinical psychologist, or | ||||||
7 | qualified examiner and it is established by the applicant to | ||||||
8 | the Board's Director's satisfaction that: | ||||||
9 | (A) granting relief would not be contrary to the | ||||||
10 | public interest; and | ||||||
11 | (B) granting relief would not be contrary to federal | ||||||
12 | law. | ||||||
13 | (4) The Board Director may not grant relief if the | ||||||
14 | condition is determined by a physician, clinical psychologist, | ||||||
15 | or qualified examiner to be moderate, severe, or profound. | ||||||
16 | (5) The changes made to this Section by Public Act 99-29 | ||||||
17 | this amendatory Act of the 99th General Assembly apply to | ||||||
18 | requests for
relief pending on or before July 10, 2015 ( the | ||||||
19 | effective date of Public Act 99-29) this amendatory Act , | ||||||
20 | except that the 60-day period for the Director to act on | ||||||
21 | requests pending before the effective date shall begin
on July | ||||||
22 | 10, 2015 ( the effective date of Public Act 99-29) this | ||||||
23 | amendatory Act . | ||||||
24 | (d) When a minor is adjudicated delinquent for an offense | ||||||
25 | which if
committed by an adult would be a felony, the court | ||||||
26 | shall notify the Illinois Department
of State Police.
|
| |||||||
| |||||||
1 | (e) The court shall review the denial of an application or | ||||||
2 | the revocation of
a Firearm Owner's Identification Card of a | ||||||
3 | person who has been adjudicated
delinquent for an offense that | ||||||
4 | if
committed by an adult would be a felony if an
application | ||||||
5 | for relief has been filed at least 10 years after the | ||||||
6 | adjudication
of delinquency and the court determines that the | ||||||
7 | applicant should be
granted relief from disability to obtain a | ||||||
8 | Firearm Owner's Identification Card.
If the court grants | ||||||
9 | relief, the court shall notify the Illinois Department of | ||||||
10 | State
Police that the disability has
been removed and that the | ||||||
11 | applicant is eligible to obtain a Firearm Owner's
| ||||||
12 | Identification Card.
| ||||||
13 | (f) Any person who is subject to the disabilities of 18 | ||||||
14 | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | ||||||
15 | of 1968 because of an adjudication or commitment that occurred | ||||||
16 | under the laws of this State or who was determined to be | ||||||
17 | subject to the provisions of subsections (e), (f), or (g) of | ||||||
18 | Section 8 of this Act may apply to the Illinois Department of | ||||||
19 | State Police requesting relief from that prohibition. The | ||||||
20 | Board Director shall grant the relief if it is established by a | ||||||
21 | preponderance of the evidence that the person will not be | ||||||
22 | likely to act in a manner dangerous to public safety and that | ||||||
23 | granting relief would not be contrary to the public interest. | ||||||
24 | In making this determination, the Board Director shall receive | ||||||
25 | evidence concerning (i) the circumstances regarding the | ||||||
26 | firearms disabilities from which relief is sought; (ii) the |
| |||||||
| |||||||
1 | petitioner's mental health and criminal history records, if | ||||||
2 | any; (iii) the petitioner's reputation, developed at a minimum | ||||||
3 | through character witness statements, testimony, or other | ||||||
4 | character evidence; and (iv) changes in the petitioner's | ||||||
5 | condition or circumstances since the disqualifying events | ||||||
6 | relevant to the relief sought. If relief is granted under this | ||||||
7 | subsection or by order of a court under this Section, the | ||||||
8 | Director shall as soon as practicable but in no case later than | ||||||
9 | 15 business days, update, correct, modify, or remove the | ||||||
10 | person's record in any database that the Illinois Department | ||||||
11 | of State Police makes available to the National Instant | ||||||
12 | Criminal Background Check System and notify the United States | ||||||
13 | Attorney General that the basis for the record being made | ||||||
14 | available no longer applies. The Illinois Department of State | ||||||
15 | Police shall adopt rules for the administration of this | ||||||
16 | Section. | ||||||
17 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | ||||||
18 | eff. 7-20-15.)
| ||||||
19 | (430 ILCS 65/11) (from Ch. 38, par. 83-11)
| ||||||
20 | Sec. 11. Judicial review of final administrative | ||||||
21 | decisions. | ||||||
22 | (a) All final administrative decisions of the Firearm | ||||||
23 | Owner's Identification Card Review Board Department under this
| ||||||
24 | Act, except final administrative decisions of the Firearm | ||||||
25 | Owner's Identification Card Review Board Director of State |
| |||||||
| |||||||
1 | Police to deny a person's application for relief under | ||||||
2 | subsection (f) of Section 10 of this Act, shall be subject to | ||||||
3 | judicial review under the provisions of the Administrative
| ||||||
4 | Review Law, and all amendments and
modifications thereof, and | ||||||
5 | the rules adopted pursuant thereto. The term
"administrative | ||||||
6 | decision" is defined as in Section 3-101 of the Code of
Civil | ||||||
7 | Procedure.
| ||||||
8 | (b) Any final administrative decision by the Firearm | ||||||
9 | Owner's Identification Card Review Board Director of State | ||||||
10 | Police to deny a person's application for relief under | ||||||
11 | subsection (f) of Section 10 of this Act is subject to de novo | ||||||
12 | judicial review by the circuit court, and any party may offer | ||||||
13 | evidence that is otherwise proper and admissible without | ||||||
14 | regard to whether that evidence is part of the administrative | ||||||
15 | record. | ||||||
16 | (c) The Firearm Owner's Identification Card Review Board | ||||||
17 | Director of State Police shall submit a report to the General
| ||||||
18 | Assembly on March 1 of each year, beginning March 1, 1991, | ||||||
19 | listing all
final decisions by a court of this State | ||||||
20 | upholding, reversing, or
reversing in part any administrative | ||||||
21 | decision made by the Department of State Police.
| ||||||
22 | (Source: P.A. 97-1131, eff. 1-1-13.)
| ||||||
23 | (430 ILCS 65/13.2) (from Ch. 38, par. 83-13.2)
| ||||||
24 | Sec. 13.2. Renewal; name , photograph, or address change; | ||||||
25 | replacement card. The Department of State Police shall, 60 |
| |||||||
| |||||||
1 | days
prior to the expiration of a Firearm Owner's | ||||||
2 | Identification Card,
forward by first class mail to each | ||||||
3 | person whose card is to expire a
notification of the
| ||||||
4 | expiration of the card and instructions for renewal.
It is the | ||||||
5 | obligation of the holder of a Firearm Owner's Identification | ||||||
6 | Card
to notify the Department of State Police of any address | ||||||
7 | change since the
issuance of
the Firearm Owner's | ||||||
8 | Identification Card. The Illinois State Police may update the | ||||||
9 | applicant and card holders address based upon records in the | ||||||
10 | Secretary of State Driver's License or Illinois Identification | ||||||
11 | Card records of applicants who do not have driver's licenses. | ||||||
12 | Whenever any person moves from the residence address named on | ||||||
13 | his or her card, the person shall within 21 calendar days | ||||||
14 | thereafter notify in a form and manner prescribed by the | ||||||
15 | Department of his or her old and new residence addresses and | ||||||
16 | the card number held by him or her. Any person whose legal name | ||||||
17 | has changed from the name on the card that he or she has been | ||||||
18 | previously issued must apply for a corrected card within 30 | ||||||
19 | calendar days after the change. The cost for an updated or a | ||||||
20 | corrected card shall be $5. The cost for replacement of a card | ||||||
21 | which has been lost, destroyed, or stolen shall be $5 if the | ||||||
22 | loss, destruction, or theft of the card is reported to the | ||||||
23 | Department of State Police. The fees collected under this | ||||||
24 | Section shall be deposited into the State Police Firearm | ||||||
25 | Services Fund.
| ||||||
26 | (Source: P.A. 100-906, eff. 1-1-19 .)
|
| |||||||
| |||||||
1 | (430 ILCS 65/13.4 new) | ||||||
2 | Sec. 13.4. Illinois State Police; rule making authority.
| ||||||
3 | The Illinois State Police shall by rule adopt the following
| ||||||
4 | procedures: | ||||||
5 | (1) When a person who possesses a valid Firearm Owner's
| ||||||
6 | Identification Card applies for and is approved for a
| ||||||
7 | concealed carry license, the valid Firearm Owner's
| ||||||
8 | Identification Card is renewed for 5 years from the time of
| ||||||
9 | approval instead of 5 years from the date of the original
card. | ||||||
10 | (2) If a person is eligible for both a Firearm Owner's
| ||||||
11 | Identification Card and a concealed carry license, the
| ||||||
12 | Illinois State Police shall by rule create one card that may be
| ||||||
13 | used as both a Firearm Owner's Identification Card and a
| ||||||
14 | concealed carry license. A combined Firearm Owner's
| ||||||
15 | Identification Card and concealed carry license shall be
| ||||||
16 | considered a valid card for the purposes of this Act. The
| ||||||
17 | Illinois State Police shall adopt rules to implement this
| ||||||
18 | Section. | ||||||
19 | (3) The Illinois State Police may waive the Firearm
| ||||||
20 | Owner's Identification Card application fee for the purposes
| ||||||
21 | of paragraphs (1) and (2). | ||||||
22 | Section 25. The Firearm Concealed Carry Act is amended by | ||||||
23 | changing Sections 20, 30, 50, and 70 and by adding Sections | ||||||
24 | 10.5, 10.6, and 13 as follows: |
| |||||||
| |||||||
1 | (430 ILCS 66/10.5 new) | ||||||
2 | Sec. 10.5. Electronic concealed carry licenses. The | ||||||
3 | Illinois State Police may develop a system under which the | ||||||
4 | holder of a concealed carry license may display an electronic | ||||||
5 | version of his or her license on a mobile telephone or other | ||||||
6 | portable electronic device. An electronic version of a | ||||||
7 | concealed carry license shall contain security features the | ||||||
8 | Illinois State Police determines to be necessary to ensure | ||||||
9 | that the electronic version is accurate and current and shall | ||||||
10 | satisfy other requirements the Illinois State Police | ||||||
11 | determines to be necessary regarding form and content. The | ||||||
12 | display or possession of an electronic version of a valid | ||||||
13 | concealed carry license in accordance with the requirements of | ||||||
14 | the Illinois State Police satisfies all requirements for the | ||||||
15 | display or possession of a valid concealed carry license under | ||||||
16 | the laws of this State. The possession or display of an | ||||||
17 | electronic concealed carry license on a mobile telephone or | ||||||
18 | other portable electronic device does not constitute consent | ||||||
19 | for a law enforcement officer, court, or other officer of the | ||||||
20 | court to access other contents of the mobile telephone or | ||||||
21 | other portable electronic device. The Illinois State Police | ||||||
22 | may adopt rules to implement this Section. | ||||||
23 | (430 ILCS 66/10.6 new) | ||||||
24 | Sec. 10.6. Email notifications. A person subject to this |
| |||||||
| |||||||
1 | Act
may notify the Illinois State Police upon application or | ||||||
2 | at any time
thereafter that he or she would like to receive | ||||||
3 | correspondence
from the Illinois State Police via email rather | ||||||
4 | than by mail. | ||||||
5 | (430 ILCS 66/13 new) | ||||||
6 | Sec. 13. Email notifications. A person subject to this Act | ||||||
7 | may notify the Illinois State Police upon application or at | ||||||
8 | any time thereafter that he or she would like to receive | ||||||
9 | correspondence from the Illinois State Police via email rather | ||||||
10 | than by mail. | ||||||
11 | (430 ILCS 66/20)
| ||||||
12 | Sec. 20. Concealed Carry Licensing Review Board. | ||||||
13 | (a) There is hereby created within the Department of State | ||||||
14 | Police a Concealed Carry Licensing Review Board to consider | ||||||
15 | any objection to an applicant's eligibility to obtain a | ||||||
16 | license under this Act submitted by a law enforcement agency | ||||||
17 | or the Department under Section 15 of this Act. The Board shall | ||||||
18 | consist of 7 commissioners to be appointed by the Governor, | ||||||
19 | with the advice and consent of the Senate, with 3 | ||||||
20 | commissioners residing within the First Judicial District and | ||||||
21 | one commissioner residing within each of the 4 remaining | ||||||
22 | Judicial Districts. No more than 4 commissioners shall be | ||||||
23 | members of the same political party. The Governor shall | ||||||
24 | designate one commissioner as the Chairperson. The Board shall |
| |||||||
| |||||||
1 | consist of: | ||||||
2 | (1) one commissioner with at least 5 years of service | ||||||
3 | as a federal judge; | ||||||
4 | (2) 2 commissioners with at least 5 years of | ||||||
5 | experience serving as an attorney with the United States | ||||||
6 | Department of Justice; | ||||||
7 | (3) 3 commissioners with at least 5 years of | ||||||
8 | experience as a federal agent or employee with | ||||||
9 | investigative experience or duties related to criminal | ||||||
10 | justice under the United States Department of Justice, | ||||||
11 | Drug Enforcement Administration, Department of Homeland | ||||||
12 | Security, or Federal Bureau of Investigation; and | ||||||
13 | (4) one member with at least 5 years of experience as a | ||||||
14 | licensed physician or clinical psychologist with expertise | ||||||
15 | in the diagnosis and treatment of mental illness. | ||||||
16 | (b) The initial terms of the commissioners shall end on | ||||||
17 | January 12, 2015. Notwithstanding any provision in this | ||||||
18 | Section to the contrary, the term
of office of each | ||||||
19 | commissioner of the Concealed Carry Licensing Review Board is | ||||||
20 | abolished on
the effective date of this amendatory Act of the | ||||||
21 | 102nd General Assembly. The terms of the commissioners | ||||||
22 | appointed on or after
the effective date of this amendatory | ||||||
23 | Act of the 102nd General Assembly shall be as follows: one of
| ||||||
24 | the initial members shall be appointed for a term of one year, | ||||||
25 | 3 shall be
appointed for terms of 2 years, and 3 shall be | ||||||
26 | appointed for terms of 4 years. Thereafter, the commissioners |
| |||||||
| |||||||
1 | shall hold office for 4 years, with terms expiring on the | ||||||
2 | second Monday in January of the fourth year. Commissioners may | ||||||
3 | be reappointed. Vacancies in the office of commissioner shall | ||||||
4 | be filled in the same manner as the original appointment, for | ||||||
5 | the remainder of the unexpired term. The Governor may remove a | ||||||
6 | commissioner for incompetence, neglect of duty, malfeasance, | ||||||
7 | or inability to serve. Commissioners shall receive | ||||||
8 | compensation in an amount equal to the compensation of members | ||||||
9 | of the Executive Ethics Commission and may be reimbursed for | ||||||
10 | reasonable expenses actually incurred in the performance of | ||||||
11 | their Board duties, from funds appropriated for that purpose. | ||||||
12 | (c) The Board shall meet at the call of the chairperson as | ||||||
13 | often as necessary to consider objections to applications for | ||||||
14 | a license under this Act. If necessary to ensure the | ||||||
15 | participation of a commissioner, the Board shall allow a | ||||||
16 | commissioner to participate in a Board meeting by electronic | ||||||
17 | communication. Any commissioner participating electronically | ||||||
18 | shall be deemed present for purposes of establishing a quorum | ||||||
19 | and voting. | ||||||
20 | (d) The Board shall adopt rules for the review of | ||||||
21 | objections and the conduct of hearings. The Board shall | ||||||
22 | maintain a record of its decisions and all materials | ||||||
23 | considered in making its decisions. All Board decisions and | ||||||
24 | voting records shall be kept confidential and all materials | ||||||
25 | considered by the Board shall be exempt from inspection except | ||||||
26 | upon order of a court. |
| |||||||
| |||||||
1 | (e) In considering an objection of a law enforcement | ||||||
2 | agency or the Department, the Board shall review the materials | ||||||
3 | received with the objection from the law enforcement agency or | ||||||
4 | the Department. By a vote of at least 4 commissioners, the | ||||||
5 | Board may request additional information from the law | ||||||
6 | enforcement agency, Department, or the applicant, or the | ||||||
7 | testimony of the law enforcement agency, Department, or the | ||||||
8 | applicant. The Board may require that the applicant submit | ||||||
9 | electronic fingerprints to the Department for an updated | ||||||
10 | background check where the Board determines it lacks | ||||||
11 | sufficient information to determine eligibility. The Board may | ||||||
12 | only consider information submitted by the Department, a law | ||||||
13 | enforcement agency, or the applicant. The Board shall review | ||||||
14 | each objection and determine by a majority of commissioners | ||||||
15 | whether an applicant is eligible for a license. | ||||||
16 | (f) The Board shall issue a decision within 30 days of | ||||||
17 | receipt of the objection from the Department. However, the | ||||||
18 | Board need not issue a decision within 30 days if: | ||||||
19 | (1) the Board requests information from the applicant, | ||||||
20 | including but not limited to electronic fingerprints to be | ||||||
21 | submitted to the Department, in accordance with subsection | ||||||
22 | (e) of this Section, in which case the Board shall make a | ||||||
23 | decision within 30 days of receipt of the required | ||||||
24 | information from the applicant; | ||||||
25 | (2) the applicant agrees, in writing, to allow the | ||||||
26 | Board additional time to consider an objection; or |
| |||||||
| |||||||
1 | (3) the Board notifies the applicant and the | ||||||
2 | Department that the Board needs an additional 30 days to | ||||||
3 | issue a decision. | ||||||
4 | (g) If the Board determines by a preponderance of the | ||||||
5 | evidence that the applicant poses a danger to himself or | ||||||
6 | herself or others, or is a threat to public safety, then the | ||||||
7 | Board shall affirm the objection of the law enforcement agency | ||||||
8 | or the Department and shall notify the Department that the | ||||||
9 | applicant is ineligible for a license. If the Board does not | ||||||
10 | determine by a preponderance of the evidence that the | ||||||
11 | applicant poses a danger to himself or herself or others, or is | ||||||
12 | a threat to public safety, then the Board shall notify the | ||||||
13 | Department that the applicant is eligible for a license. | ||||||
14 | (h) Meetings of the Board shall not be subject to the Open | ||||||
15 | Meetings Act and records of the Board shall not be subject to | ||||||
16 | the Freedom of Information Act. | ||||||
17 | (i) The Board shall report monthly to the Governor and the | ||||||
18 | General Assembly on the number of objections received and | ||||||
19 | provide details of the circumstances in which the Board has | ||||||
20 | determined to deny licensure based on law enforcement or | ||||||
21 | Department objections under Section 15 of this Act. The report | ||||||
22 | shall not contain any identifying information about the | ||||||
23 | applicants.
| ||||||
24 | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | ||||||
25 | (430 ILCS 66/30)
|
| |||||||
| |||||||
1 | Sec. 30. Contents of license application. | ||||||
2 | (a) The license application shall be in writing, under | ||||||
3 | penalty of perjury, on a standard form adopted by the | ||||||
4 | Department and shall be accompanied by the documentation | ||||||
5 | required in this Section and the applicable fee. Each | ||||||
6 | application form shall include the following statement printed | ||||||
7 | in bold type: "Warning: Entering false information on this | ||||||
8 | form is punishable as perjury under Section 32-2 of the | ||||||
9 | Criminal Code of 2012." | ||||||
10 | (b) The application shall contain the following: | ||||||
11 | (1) the applicant's name, current address, date and | ||||||
12 | year of birth, place of birth, height, weight, hair color, | ||||||
13 | eye color, maiden name or any other name the applicant has | ||||||
14 | used or identified with, and any address where the | ||||||
15 | applicant resided for more than 30 days within the 10 | ||||||
16 | years preceding the date of the license application; | ||||||
17 | (2) the applicant's valid driver's license number or | ||||||
18 | valid state identification card number; | ||||||
19 | (3) a waiver of the applicant's privacy and | ||||||
20 | confidentiality rights and privileges under all federal | ||||||
21 | and state laws, including those limiting access to | ||||||
22 | juvenile court, criminal justice, psychological, or | ||||||
23 | psychiatric records or records relating to any | ||||||
24 | institutionalization of the applicant, and an affirmative | ||||||
25 | request that a person having custody of any of these | ||||||
26 | records provide it or information concerning it to the |
| |||||||
| |||||||
1 | Department. The waiver only applies to records sought in | ||||||
2 | connection with determining whether the applicant | ||||||
3 | qualifies for a license to carry a concealed firearm under | ||||||
4 | this Act, or whether the applicant remains in compliance | ||||||
5 | with the Firearm Owners Identification Card Act; | ||||||
6 | (4) an affirmation that the applicant possesses a | ||||||
7 | currently valid Firearm Owner's Identification Card and | ||||||
8 | card number if possessed or notice the applicant is | ||||||
9 | applying for a Firearm Owner's Identification Card in | ||||||
10 | conjunction with the license application; | ||||||
11 | (5) an affirmation that the applicant has not been | ||||||
12 | convicted or found guilty of: | ||||||
13 | (A) a felony; | ||||||
14 | (B) a misdemeanor involving the use or threat of | ||||||
15 | physical force or violence to any person within the 5 | ||||||
16 | years preceding the date of the application; or | ||||||
17 | (C) 2 or more violations related to driving while | ||||||
18 | under the influence of alcohol, other drug or drugs, | ||||||
19 | intoxicating compound or compounds, or any combination | ||||||
20 | thereof, within the 5 years preceding the date of the | ||||||
21 | license application; and | ||||||
22 | (6) whether the applicant has failed a drug test for a | ||||||
23 | drug for which the applicant did not have a prescription, | ||||||
24 | within the previous year, and if so, the provider of the | ||||||
25 | test, the specific substance involved, and the date of the | ||||||
26 | test; |
| |||||||
| |||||||
1 | (7) written consent for the Department to review and | ||||||
2 | use the applicant's Illinois digital driver's license or | ||||||
3 | Illinois identification card photograph and signature; | ||||||
4 | (8) a full set of fingerprints submitted to the | ||||||
5 | Department in electronic format in a form and manner | ||||||
6 | prescribed by the Illinois State Police, unless the | ||||||
7 | applicant has previously provided a full set of his or her | ||||||
8 | fingerprints to the Illinois State Police under the | ||||||
9 | Firearm Owners Identification Card Act; , provided the | ||||||
10 | Department may accept an application submitted without a | ||||||
11 | set of fingerprints in which case the Department shall be | ||||||
12 | granted 30 days in addition to the 90 days provided under | ||||||
13 | subsection (e) of Section 10 of this Act to issue or deny a | ||||||
14 | license; | ||||||
15 | (9) a head and shoulder color photograph in a size | ||||||
16 | specified by the Department taken within the 30 days | ||||||
17 | preceding the date of the license application; and | ||||||
18 | (10) a photocopy of any certificates or other evidence | ||||||
19 | of compliance with the training requirements under this | ||||||
20 | Act.
| ||||||
21 | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | ||||||
22 | (430 ILCS 66/50)
| ||||||
23 | Sec. 50. License renewal. | ||||||
24 | (a) This subsection (a) applies through the 180th day | ||||||
25 | following the effective date of this amendatory Act of the |
| |||||||
| |||||||
1 | 101st General Assembly. Applications for renewal of a license | ||||||
2 | shall be made to the Department. A license shall be renewed for | ||||||
3 | a period of 5 years upon receipt of a completed renewal | ||||||
4 | application, completion of 3 hours of training required under | ||||||
5 | Section 75 of this Act, payment of the applicable renewal fee, | ||||||
6 | and completion of an investigation under Section 35 of this | ||||||
7 | Act. The renewal application shall contain the information | ||||||
8 | required in Section 30 of this Act, except that the applicant | ||||||
9 | need not resubmit a full set of fingerprints if the applicant | ||||||
10 | has previously provided a full set of his or her fingerprints | ||||||
11 | to the Illinois State Police under this Act or the Firearm | ||||||
12 | Owners Identification Card Act . | ||||||
13 | (b) This subsection (b) applies on and after the 181st day | ||||||
14 | following the effective date of this amendatory Act of the | ||||||
15 | 101st General Assembly. Applications for renewal of a license | ||||||
16 | shall be made to the Department. A license shall be renewed for | ||||||
17 | a period of 5 years from the date of expiration on the | ||||||
18 | applicant's current license upon the receipt of a completed | ||||||
19 | renewal application, completion of 3 hours of training | ||||||
20 | required under Section 75 of this Act, payment of the | ||||||
21 | applicable renewal fee, and completion of an investigation | ||||||
22 | under Section 35 of this Act. The renewal application shall | ||||||
23 | contain the information required in Section 30 of this Act, | ||||||
24 | except that the applicant need not resubmit a full set of | ||||||
25 | fingerprints.
| ||||||
26 | (Source: P.A. 101-80, eff. 7-12-19.) |
| |||||||
| |||||||
1 | (430 ILCS 66/70) | ||||||
2 | Sec. 70. Violations. | ||||||
3 | (a) A license issued or renewed under this Act shall be | ||||||
4 | revoked if, at any time, the licensee is found to be ineligible | ||||||
5 | for a license under this Act or the licensee no longer meets | ||||||
6 | the eligibility requirements of the Firearm Owners | ||||||
7 | Identification Card Act. | ||||||
8 | (b) A license shall be suspended if an order of | ||||||
9 | protection, including an emergency order of protection, | ||||||
10 | plenary order of protection, or interim order of protection | ||||||
11 | under Article 112A of the Code of Criminal Procedure of 1963 or | ||||||
12 | under the Illinois Domestic Violence Act of 1986, or if a | ||||||
13 | firearms restraining order, including an emergency firearms | ||||||
14 | restraining order, under the Firearms Restraining Order Act, | ||||||
15 | is issued against a licensee for the duration of the order, or | ||||||
16 | if the Department is made aware of a similar order issued | ||||||
17 | against the licensee in any other jurisdiction. If an order of | ||||||
18 | protection is issued against a licensee, the licensee shall | ||||||
19 | surrender the license, as applicable, to the court at the time | ||||||
20 | the order is entered or to the law enforcement agency or entity | ||||||
21 | serving process at the time the licensee is served the order. | ||||||
22 | The court, law enforcement agency, or entity responsible for | ||||||
23 | serving the order of protection shall notify the Department | ||||||
24 | within 7 days and transmit the license to the Department. | ||||||
25 | (c) A license is invalid upon expiration of the license, |
| |||||||
| |||||||
1 | unless the licensee has submitted an application to renew the | ||||||
2 | license, and the applicant is otherwise eligible to possess a | ||||||
3 | license under this Act. | ||||||
4 | (d) A licensee shall not carry a concealed firearm while | ||||||
5 | under the influence of alcohol, other drug or drugs, | ||||||
6 | intoxicating compound or combination of compounds, or any | ||||||
7 | combination thereof, under the standards set forth in | ||||||
8 | subsection (a) of Section 11-501 of the Illinois Vehicle Code. | ||||||
9 | A licensee in violation of this subsection (d) shall be | ||||||
10 | guilty of a Class A misdemeanor for a first or second violation | ||||||
11 | and a Class 4 felony for a third violation. The Department may | ||||||
12 | suspend a license for up to 6 months for a second violation and | ||||||
13 | shall permanently revoke a license for a third violation. | ||||||
14 | (e) Except as otherwise provided, a licensee in violation | ||||||
15 | of this Act shall be guilty of a Class B misdemeanor. A second | ||||||
16 | or subsequent violation is a Class A misdemeanor. The | ||||||
17 | Department may suspend a license for up to 6 months for a | ||||||
18 | second violation and shall permanently revoke a license for 3 | ||||||
19 | or more violations of Section 65 of this Act. Any person | ||||||
20 | convicted of a violation under this Section shall pay a $150 | ||||||
21 | fee to be deposited into the Mental Health Reporting Fund, | ||||||
22 | plus any applicable court costs or fees. | ||||||
23 | (f) A licensee convicted or found guilty of a violation of | ||||||
24 | this Act who has a valid license and is otherwise eligible to | ||||||
25 | carry a concealed firearm shall only be subject to the | ||||||
26 | penalties under this Section and shall not be subject to the |
| |||||||
| |||||||
1 | penalties under Section 21-6, paragraph (4), (8), or (10) of | ||||||
2 | subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) | ||||||
3 | of paragraph (3) of subsection (a) of Section 24-1.6 of the | ||||||
4 | Criminal Code of 2012. Except as otherwise provided in this | ||||||
5 | subsection, nothing in this subsection prohibits the licensee | ||||||
6 | from being subjected to penalties for violations other than | ||||||
7 | those specified in this Act. | ||||||
8 | (g) A licensee whose license is revoked, suspended, or | ||||||
9 | denied shall, within 48 hours of receiving notice of the | ||||||
10 | revocation, suspension, or denial, surrender his or her | ||||||
11 | concealed carry license to the local law enforcement agency | ||||||
12 | where the person resides. The local law enforcement agency | ||||||
13 | shall provide the licensee a receipt and transmit the | ||||||
14 | concealed carry license to the Department of State Police. If | ||||||
15 | the licensee whose concealed carry license has been revoked, | ||||||
16 | suspended, or denied fails to comply with the requirements of | ||||||
17 | this subsection, the law enforcement agency where the person | ||||||
18 | resides may petition the circuit court to issue a warrant to | ||||||
19 | search for and seize the concealed carry license in the | ||||||
20 | possession and under the custody or control of the licensee | ||||||
21 | whose concealed carry license has been revoked, suspended, or | ||||||
22 | denied. The observation of a concealed carry license in the | ||||||
23 | possession of a person whose license has been revoked, | ||||||
24 | suspended, or denied constitutes a sufficient basis for the | ||||||
25 | arrest of that person for violation of this subsection. A | ||||||
26 | violation of this subsection is a Class A misdemeanor. |
| |||||||
| |||||||
1 | (h) Except as otherwise provided in subsection (h-5), a A | ||||||
2 | license issued or renewed under this Act shall be revoked if, | ||||||
3 | at any time, the licensee is found ineligible for a Firearm | ||||||
4 | Owner's Identification Card, or the licensee no longer | ||||||
5 | possesses a valid Firearm Owner's Identification Card. If the | ||||||
6 | Firearm Owner's Identification Card is expired or suspended | ||||||
7 | rather than denied or revoked, the license may be suspended | ||||||
8 | for a period of up to one year to allow the licensee to | ||||||
9 | reinstate his or her Firearm Owner's Identification Card. The | ||||||
10 | Illinois State Police shall adopt rules to enforce this | ||||||
11 | subsection. A licensee whose license is revoked under this | ||||||
12 | subsection (h) shall surrender his or her concealed carry | ||||||
13 | license as provided for in subsection (g) of this Section. | ||||||
14 | This subsection shall not apply to a person who has filed | ||||||
15 | an application with the State Police for renewal of a Firearm
| ||||||
16 | Owner's Identification Card and who is not otherwise | ||||||
17 | ineligible to obtain a Firearm Owner's Identification Card.
| ||||||
18 | (h-5) If the Firearm Owner's Identification Card of a
| ||||||
19 | licensee under this Act expires during the term of the license
| ||||||
20 | issued under this Act, the license and the Firearm Owner's
| ||||||
21 | Identification Card remain valid, and the Illinois State | ||||||
22 | Police
may automatically renew the licensee's Firearm Owner's
| ||||||
23 | Identification Card as provided in subsection (c) of Section 5
| ||||||
24 | of the Firearm Owners Identification Card Act. | ||||||
25 | (i) A certified firearms instructor who knowingly provides | ||||||
26 | or offers to provide a false certification that an applicant |
| |||||||
| |||||||
1 | has completed firearms training as required under this Act is | ||||||
2 | guilty of a Class A misdemeanor. A person guilty of a violation | ||||||
3 | of this subsection (i) is not eligible for court supervision. | ||||||
4 | The Department shall permanently revoke the firearms | ||||||
5 | instructor certification of a person convicted under this | ||||||
6 | subsection (i). | ||||||
7 | (Source: P.A. 100-607, eff. 1-1-19 .)
| ||||||
8 | Section 26. The Firearms Restraining Order Act is amended | ||||||
9 | by changing Sections 35 and 40 as follows: | ||||||
10 | (430 ILCS 67/35)
| ||||||
11 | Sec. 35. Ex parte orders and emergency hearings.
| ||||||
12 | (a) A petitioner may request an emergency firearms | ||||||
13 | restraining order by filing an affidavit or verified pleading | ||||||
14 | alleging that the respondent poses an immediate and present | ||||||
15 | danger of causing personal injury to himself, herself, or | ||||||
16 | another by having in his or her custody or control, | ||||||
17 | purchasing, possessing, or receiving a firearm. The petition | ||||||
18 | shall also describe the type and location of any firearm or | ||||||
19 | firearms presently believed by the petitioner to be possessed | ||||||
20 | or controlled by the respondent.
| ||||||
21 | (b) If the respondent is alleged to pose an immediate and | ||||||
22 | present danger of causing personal injury to an intimate | ||||||
23 | partner, or an intimate partner is alleged to have been the | ||||||
24 | target of a threat or act of violence by the respondent, the |
| |||||||
| |||||||
1 | petitioner shall make a good faith effort to provide notice to | ||||||
2 | any and all intimate partners of the respondent. The notice | ||||||
3 | must include that the petitioner intends to petition the court | ||||||
4 | for an emergency firearms restraining order, and, if the | ||||||
5 | petitioner is a law enforcement officer, referral to relevant | ||||||
6 | domestic violence or stalking advocacy or counseling | ||||||
7 | resources, if appropriate. The petitioner shall attest to | ||||||
8 | having provided the notice in the filed affidavit or verified | ||||||
9 | pleading. If, after making a good faith effort, the petitioner | ||||||
10 | is unable to provide notice to any or all intimate partners, | ||||||
11 | the affidavit or verified pleading should describe what | ||||||
12 | efforts were made. | ||||||
13 | (c) Every person who files a petition for an emergency | ||||||
14 | firearms restraining order, knowing the information provided | ||||||
15 | to the court at any hearing or in the affidavit or verified | ||||||
16 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
17 | of the Criminal Code of 2012.
| ||||||
18 | (d) An emergency firearms restraining order shall be | ||||||
19 | issued on an ex parte basis, that is, without notice to the | ||||||
20 | respondent.
| ||||||
21 | (e) An emergency hearing held on an ex parte basis shall be | ||||||
22 | held the same day that the petition is filed or the next day | ||||||
23 | that the court is in session.
| ||||||
24 | (f) If a circuit or associate judge finds probable cause | ||||||
25 | to believe that the respondent poses an immediate and present | ||||||
26 | danger of causing personal injury to himself, herself, or |
| |||||||
| |||||||
1 | another by having in his or her custody or control, | ||||||
2 | purchasing, possessing, or receiving a firearm, the circuit or | ||||||
3 | associate judge shall issue an emergency order.
| ||||||
4 | (f-5) If the court issues an emergency firearms | ||||||
5 | restraining order, it shall, upon a finding of probable cause | ||||||
6 | that the respondent possesses firearms, issue a search warrant | ||||||
7 | directing a law enforcement agency to seize the respondent's | ||||||
8 | firearms. The court may, as part of that warrant, direct the | ||||||
9 | law enforcement agency to search the respondent's residence | ||||||
10 | and other places where the court finds there is probable cause | ||||||
11 | to believe he or she is likely to possess the firearms. | ||||||
12 | (g) An emergency firearms restraining order shall require:
| ||||||
13 | (1) the respondent to refrain from having in his or | ||||||
14 | her custody or control, purchasing, possessing, or | ||||||
15 | receiving additional firearms for the duration of the | ||||||
16 | order pursuant to Section 8.2 of the Firearm Owners | ||||||
17 | Identification Card Act ;
and | ||||||
18 | (2) the respondent to comply with Section 9.5 of the | ||||||
19 | Firearm Owners Identification Card Act turn over to the | ||||||
20 | local law enforcement agency any Firearm Owner's | ||||||
21 | Identification Card and subsection (g) of Section 70 of | ||||||
22 | the Firearm Concealed Carry Act concealed carry license in | ||||||
23 | his or her possession. The local law enforcement agency | ||||||
24 | shall immediately mail the card and concealed carry | ||||||
25 | license to the Department of State Police Firearm Services | ||||||
26 | Bureau for safekeeping. The firearm or firearms and |
| |||||||
| |||||||
1 | Firearm Owner's Identification Card and concealed carry | ||||||
2 | license, if unexpired, shall be returned to the respondent | ||||||
3 | after the firearms restraining order is terminated or | ||||||
4 | expired . | ||||||
5 | (h) Except as otherwise provided in subsection (h-5) of | ||||||
6 | this Section, upon expiration of the period of safekeeping, if | ||||||
7 | the firearms or Firearm Owner's Identification Card and | ||||||
8 | concealed carry license cannot be returned to the respondent | ||||||
9 | because the respondent cannot be located, fails to respond to | ||||||
10 | requests to retrieve the firearms, or is not lawfully eligible | ||||||
11 | to possess a firearm, upon petition from the local law | ||||||
12 | enforcement agency, the court may order the local law | ||||||
13 | enforcement agency to destroy the firearms, use the firearms | ||||||
14 | for training purposes, or use the firearms for any other | ||||||
15 | application as deemed appropriate by the local law enforcement | ||||||
16 | agency.
| ||||||
17 | (h-5) A respondent whose Firearm Owner's Identification | ||||||
18 | Card has been revoked or suspended may petition the court, if | ||||||
19 | the petitioner is present in court or has notice of the | ||||||
20 | respondent's petition, to transfer the respondent's firearm to | ||||||
21 | a person who is lawfully able to possess the firearm if the | ||||||
22 | person does not reside at the same address as the respondent. | ||||||
23 | Notice of the petition shall be served upon the person | ||||||
24 | protected by the emergency firearms restraining order. While | ||||||
25 | the order is in effect, the transferee who receives the | ||||||
26 | respondent's firearms must swear or affirm by affidavit that |
| |||||||
| |||||||
1 | he or she shall not transfer the firearm to the respondent or | ||||||
2 | to anyone residing in the same residence as the respondent. | ||||||
3 | (h-6) If a person other than the respondent claims title | ||||||
4 | to any firearms surrendered under this Section, he or she may | ||||||
5 | petition the court, if the petitioner is present in court or | ||||||
6 | has notice of the petition, to have the firearm returned to him | ||||||
7 | or her. If the court determines that person to be the lawful | ||||||
8 | owner of the firearm, the firearm shall be returned to him or | ||||||
9 | her, provided that: | ||||||
10 | (1) the firearm is removed from the respondent's | ||||||
11 | custody, control, or possession and the lawful owner | ||||||
12 | agrees to store the firearm in a manner such that the | ||||||
13 | respondent does not have access to or control of the | ||||||
14 | firearm; and | ||||||
15 | (2) the firearm is not otherwise unlawfully possessed | ||||||
16 | by the owner. | ||||||
17 | The person petitioning for the return of his or her | ||||||
18 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
19 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
20 | firearm to the respondent; and (iii) will store the firearm in | ||||||
21 | a manner that the respondent does not have access to or control | ||||||
22 | of the firearm. | ||||||
23 | (i) In accordance with subsection (e) of this Section, the | ||||||
24 | court shall schedule a full hearing as soon as possible, but no | ||||||
25 | longer than 14 days from the issuance of an ex parte firearms | ||||||
26 | restraining order, to determine if a 6-month firearms |
| |||||||
| |||||||
1 | restraining order shall be issued. The court may extend an ex | ||||||
2 | parte order as needed, but not to exceed 14 days, to effectuate | ||||||
3 | service of the order or if necessary to continue protection. | ||||||
4 | The court may extend the order for a greater length of time by | ||||||
5 | mutual agreement of the parties.
| ||||||
6 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
7 | (430 ILCS 67/40)
| ||||||
8 | Sec. 40. Six-month orders.
| ||||||
9 | (a) A petitioner may request a 6-month firearms | ||||||
10 | restraining order by filing an affidavit or verified pleading | ||||||
11 | alleging that the respondent poses a significant danger of | ||||||
12 | causing personal injury to himself, herself, or another in the | ||||||
13 | near future by having in his or her custody or control, | ||||||
14 | purchasing, possessing, or receiving a firearm. The petition | ||||||
15 | shall also describe the number, types, and locations of any | ||||||
16 | firearms presently believed by the petitioner to be possessed | ||||||
17 | or controlled by the respondent.
| ||||||
18 | (b) If the respondent is alleged to pose a significant | ||||||
19 | danger of causing personal injury to an intimate partner, or | ||||||
20 | an intimate partner is alleged to have been the target of a | ||||||
21 | threat or act of violence by the respondent, the petitioner | ||||||
22 | shall make a good faith effort to provide notice to any and all | ||||||
23 | intimate partners of the respondent. The notice must include | ||||||
24 | that the petitioner intends to petition the court for a | ||||||
25 | 6-month firearms restraining order, and, if the petitioner is |
| |||||||
| |||||||
1 | a law enforcement officer, referral to relevant domestic | ||||||
2 | violence or stalking advocacy or counseling resources, if | ||||||
3 | appropriate. The petitioner shall attest to having provided | ||||||
4 | the notice in the filed affidavit or verified pleading. If, | ||||||
5 | after making a good faith effort, the petitioner is unable to | ||||||
6 | provide notice to any or all intimate partners, the affidavit | ||||||
7 | or verified pleading should describe what efforts were made. | ||||||
8 | (c) Every person who files a petition for a 6-month | ||||||
9 | firearms restraining order, knowing the information provided | ||||||
10 | to the court at any hearing or in the affidavit or verified | ||||||
11 | pleading to be false, is guilty of perjury under Section 32-2 | ||||||
12 | of the Criminal Code of 2012.
| ||||||
13 | (d) Upon receipt of a petition for a 6-month firearms | ||||||
14 | restraining order, the court shall order a hearing within 30 | ||||||
15 | days.
| ||||||
16 | (e) In determining whether to issue a firearms restraining | ||||||
17 | order under this Section, the court shall consider evidence | ||||||
18 | including, but not limited to, the following:
| ||||||
19 | (1) The unlawful and reckless use, display, or | ||||||
20 | brandishing of a firearm by the respondent.
| ||||||
21 | (2) The history of use, attempted use, or threatened | ||||||
22 | use of physical force by the respondent against another | ||||||
23 | person.
| ||||||
24 | (3) Any prior arrest of the respondent for a felony | ||||||
25 | offense. | ||||||
26 | (4) Evidence of the abuse of controlled substances or |
| |||||||
| |||||||
1 | alcohol by the respondent. | ||||||
2 | (5) A recent threat of violence or act of violence by | ||||||
3 | the respondent directed toward himself, herself, or | ||||||
4 | another. | ||||||
5 | (6) A violation of an emergency order of protection | ||||||
6 | issued under Section 217 of the Illinois Domestic Violence | ||||||
7 | Act of 1986 or Section 112A-17 of the Code of Criminal | ||||||
8 | Procedure of 1963 or of an order of protection issued | ||||||
9 | under Section 214 of the Illinois Domestic Violence Act of | ||||||
10 | 1986 or Section 112A-14 of the Code of Criminal Procedure | ||||||
11 | of 1963.
| ||||||
12 | (7) A pattern of violent acts or violent threats, | ||||||
13 | including, but not limited to, threats of violence or acts | ||||||
14 | of violence by the respondent directed toward himself, | ||||||
15 | herself, or another. | ||||||
16 | (f) At the hearing, the petitioner shall have the burden | ||||||
17 | of proving, by clear and convincing evidence, that the | ||||||
18 | respondent poses a significant danger of personal injury to | ||||||
19 | himself, herself, or another by having in his or her custody or | ||||||
20 | control, purchasing, possessing, or receiving a firearm. | ||||||
21 | (g) If the court finds that there is clear and convincing | ||||||
22 | evidence to issue a firearms restraining order, the court | ||||||
23 | shall issue a firearms restraining order that shall be in | ||||||
24 | effect for 6 months subject to renewal under Section 45 of this | ||||||
25 | Act or termination under that Section. | ||||||
26 | (g-5) If the court issues a 6-month firearms restraining |
| |||||||
| |||||||
1 | order, it shall, upon a finding of probable cause that the | ||||||
2 | respondent possesses firearms, issue a search warrant | ||||||
3 | directing a law enforcement agency to seize the respondent's | ||||||
4 | firearms. The court may, as part of that warrant, direct the | ||||||
5 | law enforcement agency to search the respondent's residence | ||||||
6 | and other places where the court finds there is probable cause | ||||||
7 | to believe he or she is likely to possess the firearms. | ||||||
8 | (h) A 6-month firearms restraining order shall require: | ||||||
9 | (1) the respondent to refrain from having in his or | ||||||
10 | her custody or control, purchasing, possessing, or | ||||||
11 | receiving additional firearms for the duration of the | ||||||
12 | order pursuant to Section 8.2 of the Firearm Owners | ||||||
13 | Identification Card Act ; and | ||||||
14 | (2) the respondent to comply with Section 9.5 of the | ||||||
15 | Firearm Owners Identification Card Act and subsection (g) | ||||||
16 | of Section 70 of the Firearm Concealed Carry Act turn over | ||||||
17 | to the local law enforcement agency any firearm or Firearm | ||||||
18 | Owner's Identification Card and concealed carry license in | ||||||
19 | his or her possession . The local law enforcement agency | ||||||
20 | shall immediately mail the card and concealed carry | ||||||
21 | license to the Department of State Police Firearm Services | ||||||
22 | Bureau for safekeeping. The firearm or firearms and | ||||||
23 | Firearm Owner's Identification Card and concealed carry | ||||||
24 | license, if unexpired, shall be returned to the respondent | ||||||
25 | after the firearms restraining order is terminated or | ||||||
26 | expired. |
| |||||||
| |||||||
1 | (i) Except as otherwise provided in subsection (i-5) of | ||||||
2 | this Section, upon expiration of the period of safekeeping, if | ||||||
3 | the firearms or Firearm Owner's Identification Card cannot be | ||||||
4 | returned to the respondent because the respondent cannot be | ||||||
5 | located, fails to respond to requests to retrieve the | ||||||
6 | firearms, or is not lawfully eligible to possess a firearm, | ||||||
7 | upon petition from the local law enforcement agency, the court | ||||||
8 | may order the local law enforcement agency to destroy the | ||||||
9 | firearms, use the firearms for training purposes, or use the | ||||||
10 | firearms for any other application as deemed appropriate by | ||||||
11 | the local law enforcement agency. | ||||||
12 | (i-5) A respondent whose Firearm Owner's Identification | ||||||
13 | Card has been revoked or suspended may petition the court, if | ||||||
14 | the petitioner is present in court or has notice of the | ||||||
15 | respondent's petition, to transfer the respondent's firearm to | ||||||
16 | a person who is lawfully able to possess the firearm if the | ||||||
17 | person does not reside at the same address as the respondent. | ||||||
18 | Notice of the petition shall be served upon the person | ||||||
19 | protected by the emergency firearms restraining order. While | ||||||
20 | the order is in effect, the transferee who receives the | ||||||
21 | respondent's firearms must swear or affirm by affidavit that | ||||||
22 | he or she shall not transfer the firearm to the respondent or | ||||||
23 | to anyone residing in the same residence as the respondent. | ||||||
24 | (i-6) If a person other than the respondent claims title | ||||||
25 | to any firearms surrendered under this Section, he or she may | ||||||
26 | petition the court, if the petitioner is present in court or |
| |||||||
| |||||||
1 | has notice of the petition, to have the firearm returned to him | ||||||
2 | or her. If the court determines that person to be the lawful | ||||||
3 | owner of the firearm, the firearm shall be returned to him or | ||||||
4 | her, provided that: | ||||||
5 | (1) the firearm is removed from the respondent's | ||||||
6 | custody, control, or possession and the lawful owner | ||||||
7 | agrees to store the firearm in a manner such that the | ||||||
8 | respondent does not have access to or control of the | ||||||
9 | firearm; and | ||||||
10 | (2) the firearm is not otherwise unlawfully possessed | ||||||
11 | by the owner. | ||||||
12 | The person petitioning for the return of his or her | ||||||
13 | firearm must swear or affirm by affidavit that he or she: (i) | ||||||
14 | is the lawful owner of the firearm; (ii) shall not transfer the | ||||||
15 | firearm to the respondent; and (iii) will store the firearm in | ||||||
16 | a manner that the respondent does not have access to or control | ||||||
17 | of the firearm. | ||||||
18 | (j) If the court does not issue a firearms restraining | ||||||
19 | order at the hearing, the court shall dissolve any emergency | ||||||
20 | firearms restraining order then in effect. | ||||||
21 | (k) When the court issues a firearms restraining order | ||||||
22 | under this Section, the court shall inform the respondent that | ||||||
23 | he or she is entitled to one hearing during the period of the | ||||||
24 | order to request a termination of the order, under Section 45 | ||||||
25 | of this Act, and shall provide the respondent with a form to | ||||||
26 | request a hearing.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.) | ||||||
2 | Section 30. The Criminal Code of 2012 is amended by | ||||||
3 | changing Section 24-3 as follows:
| ||||||
4 | (720 ILCS 5/24-3) (from Ch. 38, par. 24-3)
| ||||||
5 | Sec. 24-3. Unlawful sale or delivery of firearms.
| ||||||
6 | (A) A person commits the offense of unlawful sale or | ||||||
7 | delivery of firearms when he
or she knowingly does any of the | ||||||
8 | following:
| ||||||
9 | (a) Sells or gives any firearm of a size which may be | ||||||
10 | concealed upon the
person to any person under 18 years of | ||||||
11 | age.
| ||||||
12 | (b) Sells or gives any firearm to a person under 21 | ||||||
13 | years of age who has
been convicted of a misdemeanor other | ||||||
14 | than a traffic offense or adjudged
delinquent.
| ||||||
15 | (c) Sells or gives any firearm to any narcotic addict.
| ||||||
16 | (d) Sells or gives any firearm to any person who has | ||||||
17 | been convicted of a
felony under the laws of this or any | ||||||
18 | other jurisdiction.
| ||||||
19 | (e) Sells or gives any firearm to any person who has | ||||||
20 | been a patient in a
mental institution within the past 5 | ||||||
21 | years. In this subsection (e): | ||||||
22 | "Mental institution" means any hospital, | ||||||
23 | institution, clinic, evaluation facility, mental | ||||||
24 | health center, or part thereof, which is used |
| |||||||
| |||||||
1 | primarily for the care or treatment of persons with | ||||||
2 | mental illness. | ||||||
3 | "Patient in a mental institution" means the person | ||||||
4 | was admitted, either voluntarily or involuntarily, to | ||||||
5 | a mental institution for mental health treatment, | ||||||
6 | unless the treatment was voluntary and solely for an | ||||||
7 | alcohol abuse disorder and no other secondary | ||||||
8 | substance abuse disorder or mental illness.
| ||||||
9 | (f) Sells or gives any firearms to any person who is a | ||||||
10 | person with an intellectual disability.
| ||||||
11 | (g) Delivers any firearm, incidental to a sale, | ||||||
12 | without withholding delivery of the firearm
for at least | ||||||
13 | 72 hours after application for its purchase has been made, | ||||||
14 | or
delivers a stun gun or taser, incidental to a sale,
| ||||||
15 | without withholding delivery of the stun gun or taser for
| ||||||
16 | at least 24 hours after application for its purchase has | ||||||
17 | been made.
However,
this paragraph (g) does not apply to: | ||||||
18 | (1) the sale of a firearm
to a law enforcement officer if | ||||||
19 | the seller of the firearm knows that the person to whom he | ||||||
20 | or she is selling the firearm is a law enforcement officer | ||||||
21 | or the sale of a firearm to a person who desires to | ||||||
22 | purchase a firearm for
use in promoting the public | ||||||
23 | interest incident to his or her employment as a
bank | ||||||
24 | guard, armed truck guard, or other similar employment; (2) | ||||||
25 | a mail
order sale of a firearm from a federally licensed | ||||||
26 | firearms dealer to a nonresident of Illinois under which |
| |||||||
| |||||||
1 | the firearm
is mailed to a federally licensed firearms | ||||||
2 | dealer outside the boundaries of Illinois; (3) (blank); | ||||||
3 | (4) the sale of a
firearm to a dealer licensed as a federal | ||||||
4 | firearms dealer under Section 923
of the federal Gun | ||||||
5 | Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or | ||||||
6 | sale of any rifle, shotgun, or other long gun to a resident | ||||||
7 | registered competitor or attendee or non-resident | ||||||
8 | registered competitor or attendee by any dealer licensed | ||||||
9 | as a federal firearms dealer under Section 923 of the | ||||||
10 | federal Gun Control Act of 1968 at competitive shooting | ||||||
11 | events held at the World Shooting Complex sanctioned by a | ||||||
12 | national governing body. For purposes of transfers or | ||||||
13 | sales under subparagraph (5) of this paragraph (g), the | ||||||
14 | Department of Natural Resources shall give notice to the | ||||||
15 | Department of State Police at least 30 calendar days prior | ||||||
16 | to any competitive shooting events at the World Shooting | ||||||
17 | Complex sanctioned by a national governing body. The | ||||||
18 | notification shall be made on a form prescribed by the | ||||||
19 | Department of State Police. The sanctioning body shall | ||||||
20 | provide a list of all registered competitors and attendees | ||||||
21 | at least 24 hours before the events to the Department of | ||||||
22 | State Police. Any changes to the list of registered | ||||||
23 | competitors and attendees shall be forwarded to the | ||||||
24 | Department of State Police as soon as practicable. The | ||||||
25 | Department of State Police must destroy the list of | ||||||
26 | registered competitors and attendees no later than 30 days |
| |||||||
| |||||||
1 | after the date of the event. Nothing in this paragraph (g) | ||||||
2 | relieves a federally licensed firearm dealer from the | ||||||
3 | requirements of conducting a NICS background check through | ||||||
4 | the Illinois Point of Contact under 18 U.S.C. 922(t). For | ||||||
5 | purposes of this paragraph (g), "application" means when | ||||||
6 | the buyer and seller reach an agreement to purchase a | ||||||
7 | firearm.
For purposes of this paragraph (g), "national | ||||||
8 | governing body" means a group of persons who adopt rules | ||||||
9 | and formulate policy on behalf of a national firearm | ||||||
10 | sporting organization.
| ||||||
11 | (h) While holding any license
as a dealer,
importer, | ||||||
12 | manufacturer or pawnbroker
under the federal Gun Control | ||||||
13 | Act of 1968,
manufactures, sells or delivers to any | ||||||
14 | unlicensed person a handgun having
a barrel, slide, frame | ||||||
15 | or receiver which is a die casting of zinc alloy or
any | ||||||
16 | other nonhomogeneous metal which will melt or deform at a | ||||||
17 | temperature
of less than 800 degrees Fahrenheit. For | ||||||
18 | purposes of this paragraph, (1)
"firearm" is defined as in | ||||||
19 | the Firearm Owners Identification Card Act; and (2)
| ||||||
20 | "handgun" is defined as a firearm designed to be held
and | ||||||
21 | fired by the use of a single hand, and includes a | ||||||
22 | combination of parts from
which such a firearm can be | ||||||
23 | assembled.
| ||||||
24 | (i) Sells or gives a firearm of any size to any person | ||||||
25 | under 18 years of
age who does not possess a valid Firearm | ||||||
26 | Owner's Identification Card.
|
| |||||||
| |||||||
1 | (j) Sells or gives a firearm while engaged in the | ||||||
2 | business of selling
firearms at wholesale or retail | ||||||
3 | without being licensed as a federal firearms
dealer under | ||||||
4 | Section 923 of the federal Gun Control Act of 1968 (18 | ||||||
5 | U.S.C.
923). In this paragraph (j):
| ||||||
6 | A person "engaged in the business" means a person who | ||||||
7 | devotes time,
attention, and
labor to
engaging in the | ||||||
8 | activity as a regular course of trade or business with the
| ||||||
9 | principal objective of livelihood and profit, but does not | ||||||
10 | include a person who
makes occasional repairs of firearms | ||||||
11 | or who occasionally fits special barrels,
stocks, or | ||||||
12 | trigger mechanisms to firearms.
| ||||||
13 | "With the principal objective of livelihood and | ||||||
14 | profit" means that the
intent
underlying the sale or | ||||||
15 | disposition of firearms is predominantly one of
obtaining | ||||||
16 | livelihood and pecuniary gain, as opposed to other | ||||||
17 | intents, such as
improving or liquidating a personal | ||||||
18 | firearms collection; however, proof of
profit shall not be | ||||||
19 | required as to a person who engages in the regular and
| ||||||
20 | repetitive purchase and disposition of firearms for | ||||||
21 | criminal purposes or
terrorism.
| ||||||
22 | (k) Sells or transfers ownership of a firearm to a | ||||||
23 | person in violation of Section 3 of the Firearm Owners | ||||||
24 | Identification Card Act who does not display to the seller | ||||||
25 | or transferor of the firearm either: (1) a currently valid | ||||||
26 | Firearm Owner's Identification Card that has previously |
| |||||||
| |||||||
1 | been issued in the transferee's name by the Department of | ||||||
2 | State Police under the provisions of the Firearm Owners | ||||||
3 | Identification Card Act; or (2) a currently valid license | ||||||
4 | to carry a concealed firearm that has previously been | ||||||
5 | issued in the transferee's name by the
Department of State | ||||||
6 | Police under the Firearm Concealed Carry Act . This | ||||||
7 | paragraph (k) does not apply to the transfer of a firearm | ||||||
8 | to a person who is exempt from the requirement of | ||||||
9 | possessing a Firearm Owner's Identification Card under | ||||||
10 | Section 2 of the Firearm Owners Identification Card Act. | ||||||
11 | For the purposes of this Section, a currently valid | ||||||
12 | Firearm Owner's Identification Card means (i) a Firearm | ||||||
13 | Owner's Identification Card that has not expired or (ii) | ||||||
14 | an approval number issued in accordance with subsection | ||||||
15 | (a-10) of subsection 3 or Section 3.1 of the Firearm | ||||||
16 | Owners Identification Card Act shall be proof that the | ||||||
17 | Firearm Owner's Identification Card was valid. | ||||||
18 | (1) (Blank). In addition to the other requirements | ||||||
19 | of this paragraph (k), all persons who are not | ||||||
20 | federally licensed firearms dealers must also have | ||||||
21 | complied with subsection (a-10) of Section 3 of the | ||||||
22 | Firearm Owners Identification Card Act by determining | ||||||
23 | the validity of a purchaser's Firearm Owner's | ||||||
24 | Identification Card. | ||||||
25 | (2) All sellers or transferors who have complied | ||||||
26 | with the requirements of subparagraph (1) of this |
| |||||||
| |||||||
1 | paragraph (k) shall not be liable for damages in any | ||||||
2 | civil action arising from the use or misuse by the | ||||||
3 | transferee of the firearm transferred, except for | ||||||
4 | willful or wanton misconduct on the part of the seller | ||||||
5 | or transferor. | ||||||
6 | (l) Not
being entitled to the possession of a firearm, | ||||||
7 | delivers the
firearm, knowing it to have been stolen or | ||||||
8 | converted. It may be inferred that
a person who possesses | ||||||
9 | a firearm with knowledge that its serial number has
been | ||||||
10 | removed or altered has knowledge that the firearm is | ||||||
11 | stolen or converted. | ||||||
12 | (B) Paragraph (h) of subsection (A) does not include | ||||||
13 | firearms sold within 6
months after enactment of Public
Act | ||||||
14 | 78-355 (approved August 21, 1973, effective October 1, 1973), | ||||||
15 | nor is any
firearm legally owned or
possessed by any citizen or | ||||||
16 | purchased by any citizen within 6 months after the
enactment | ||||||
17 | of Public Act 78-355 subject
to confiscation or seizure under | ||||||
18 | the provisions of that Public Act. Nothing in
Public Act | ||||||
19 | 78-355 shall be construed to prohibit the gift or trade of
any | ||||||
20 | firearm if that firearm was legally held or acquired within 6 | ||||||
21 | months after
the enactment of that Public Act.
| ||||||
22 | (C) Sentence.
| ||||||
23 | (1) Any person convicted of unlawful sale or delivery | ||||||
24 | of firearms in violation of
paragraph (c), (e), (f), (g), | ||||||
25 | or (h) of subsection (A) commits a Class
4
felony.
| ||||||
26 | (2) Any person convicted of unlawful sale or delivery |
| |||||||
| |||||||
1 | of firearms in violation of
paragraph (b) or (i) of | ||||||
2 | subsection (A) commits a Class 3 felony.
| ||||||
3 | (3) Any person convicted of unlawful sale or delivery | ||||||
4 | of firearms in violation of
paragraph (a) of subsection | ||||||
5 | (A) commits a Class 2 felony.
| ||||||
6 | (4) Any person convicted of unlawful sale or delivery | ||||||
7 | of firearms in violation of
paragraph (a), (b), or (i) of | ||||||
8 | subsection (A) in any school, on the real
property | ||||||
9 | comprising a school, within 1,000 feet of the real | ||||||
10 | property comprising
a school, at a school related | ||||||
11 | activity, or on or within 1,000 feet of any
conveyance | ||||||
12 | owned, leased, or contracted by a school or school | ||||||
13 | district to
transport students to or from school or a | ||||||
14 | school related activity,
regardless of the time of day or | ||||||
15 | time of year at which the offense
was committed, commits a | ||||||
16 | Class 1 felony. Any person convicted of a second
or | ||||||
17 | subsequent violation of unlawful sale or delivery of | ||||||
18 | firearms in violation of paragraph
(a), (b), or (i) of | ||||||
19 | subsection (A) in any school, on the real property
| ||||||
20 | comprising a school, within 1,000 feet of the real | ||||||
21 | property comprising a
school, at a school related | ||||||
22 | activity, or on or within 1,000 feet of any
conveyance | ||||||
23 | owned, leased, or contracted by a school or school | ||||||
24 | district to
transport students to or from school or a | ||||||
25 | school related activity,
regardless of the time of day or | ||||||
26 | time of year at which the offense
was committed, commits a |
| |||||||
| |||||||
1 | Class 1 felony for which the sentence shall be a
term of | ||||||
2 | imprisonment of no less than 5 years and no more than 15 | ||||||
3 | years.
| ||||||
4 | (5) Any person convicted of unlawful sale or delivery | ||||||
5 | of firearms in violation of
paragraph (a) or (i) of | ||||||
6 | subsection (A) in residential property owned,
operated, or | ||||||
7 | managed by a public housing agency or leased by a public | ||||||
8 | housing
agency as part of a scattered site or mixed-income | ||||||
9 | development, in a public
park, in a
courthouse, on | ||||||
10 | residential property owned, operated, or managed by a | ||||||
11 | public
housing agency or leased by a public housing agency | ||||||
12 | as part of a scattered site
or mixed-income development, | ||||||
13 | on the real property comprising any public park,
on the | ||||||
14 | real
property comprising any courthouse, or on any public | ||||||
15 | way within 1,000 feet
of the real property comprising any | ||||||
16 | public park, courthouse, or residential
property owned, | ||||||
17 | operated, or managed by a public housing agency or leased | ||||||
18 | by a
public housing agency as part of a scattered site or | ||||||
19 | mixed-income development
commits a
Class 2 felony.
| ||||||
20 | (6) Any person convicted of unlawful sale or delivery | ||||||
21 | of firearms in violation of
paragraph (j) of subsection | ||||||
22 | (A) commits a Class A misdemeanor. A second or
subsequent | ||||||
23 | violation is a Class 4 felony. | ||||||
24 | (7) Any person convicted of unlawful sale or delivery | ||||||
25 | of firearms in violation of paragraph (k) of subsection | ||||||
26 | (A) commits a Class 4 felony, except that a violation of |
| |||||||
| |||||||
1 | item (G) of subsection (a-5) of Section 3 of the Firearm | ||||||
2 | Owners Identification Card Act is a Class A misdemeanor | ||||||
3 | subparagraph (1) of paragraph (k) of subsection (A) shall | ||||||
4 | not be punishable as a crime or petty offense . A third or | ||||||
5 | subsequent conviction for a violation of paragraph (k) of | ||||||
6 | subsection (A) is a Class 1 felony.
| ||||||
7 | (8) A person 18 years of age or older convicted of | ||||||
8 | unlawful sale or delivery of firearms in violation of | ||||||
9 | paragraph (a) or (i) of subsection (A), when the firearm | ||||||
10 | that was sold or given to another person under 18 years of | ||||||
11 | age was used in the commission of or attempt to commit a | ||||||
12 | forcible felony, shall be fined or imprisoned, or both, | ||||||
13 | not to exceed the maximum provided for the most serious | ||||||
14 | forcible felony so committed or attempted by the person | ||||||
15 | under 18 years of age who was sold or given the firearm. | ||||||
16 | (9) Any person convicted of unlawful sale or delivery | ||||||
17 | of firearms in violation of
paragraph (d) of subsection | ||||||
18 | (A) commits a Class 3 felony. | ||||||
19 | (10) Any person convicted of unlawful sale or delivery | ||||||
20 | of firearms in violation of paragraph (l) of subsection | ||||||
21 | (A) commits a Class 2 felony if the delivery is of one | ||||||
22 | firearm. Any person convicted of unlawful sale or delivery | ||||||
23 | of firearms in violation of paragraph (l) of subsection | ||||||
24 | (A) commits a Class 1 felony if the delivery is of not less | ||||||
25 | than 2 and not more than 5 firearms at the
same time or | ||||||
26 | within a one year period. Any person convicted of unlawful |
| |||||||
| |||||||
1 | sale or delivery of firearms in violation of paragraph (l) | ||||||
2 | of subsection (A) commits a Class X felony for which he or | ||||||
3 | she shall be sentenced
to a term of imprisonment of not | ||||||
4 | less than 6 years and not more than 30
years if the | ||||||
5 | delivery is of not less than 6 and not more than 10 | ||||||
6 | firearms at the
same time or within a 2 year period. Any | ||||||
7 | person convicted of unlawful sale or delivery of firearms | ||||||
8 | in violation of paragraph (l) of subsection (A) commits a | ||||||
9 | Class X felony for which he or she shall be sentenced
to a | ||||||
10 | term of imprisonment of not less than 6 years and not more | ||||||
11 | than 40
years if the delivery is of not less than 11 and | ||||||
12 | not more than 20 firearms at the
same time or within a 3 | ||||||
13 | year period. Any person convicted of unlawful sale or | ||||||
14 | delivery of firearms in violation of paragraph (l) of | ||||||
15 | subsection (A) commits a Class X felony for which he or she | ||||||
16 | shall be sentenced
to a term of imprisonment of not less | ||||||
17 | than 6 years and not more than 50
years if the delivery is | ||||||
18 | of not less than 21 and not more than 30 firearms at the
| ||||||
19 | same time or within a 4 year period. Any person convicted | ||||||
20 | of unlawful sale or delivery of firearms in violation of | ||||||
21 | paragraph (l) of subsection (A) commits a Class X felony | ||||||
22 | for which he or she shall be sentenced
to a term of | ||||||
23 | imprisonment of not less than 6 years and not more than 60
| ||||||
24 | years if the delivery is of 31 or more firearms at the
same | ||||||
25 | time or within a 5 year period. | ||||||
26 | (D) For purposes of this Section:
|
| |||||||
| |||||||
1 | "School" means a public or private elementary or secondary | ||||||
2 | school,
community college, college, or university.
| ||||||
3 | "School related activity" means any sporting, social, | ||||||
4 | academic, or
other activity for which students' attendance or | ||||||
5 | participation is sponsored,
organized, or funded in whole or | ||||||
6 | in part by a school or school district.
| ||||||
7 | (E) A prosecution for a violation of paragraph (k) of | ||||||
8 | subsection (A) of this Section may be commenced within 6 years | ||||||
9 | after the commission of the offense. A prosecution for a | ||||||
10 | violation of this Section other than paragraph (g) of | ||||||
11 | subsection (A) of this Section may be commenced within 5 years | ||||||
12 | after the commission of the offense defined in the particular | ||||||
13 | paragraph.
| ||||||
14 | (Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15; | ||||||
15 | 99-642, eff. 7-28-16; 100-606, eff. 1-1-19 .)
| ||||||
16 | Section 35. The Code of Criminal Procedure of 1963 is | ||||||
17 | amended by changing Sections 110-10 and 112A-14 as follows:
| ||||||
18 | (725 ILCS 5/110-10) (from Ch. 38, par. 110-10)
| ||||||
19 | Sec. 110-10. Conditions of bail bond.
| ||||||
20 | (a) If a person is released prior to conviction, either | ||||||
21 | upon payment of
bail security or on his or her own | ||||||
22 | recognizance, the conditions of the bail
bond shall be that he | ||||||
23 | or she will:
| ||||||
24 | (1) Appear to answer the charge in the court having |
| |||||||
| |||||||
1 | jurisdiction on
a day certain and thereafter as ordered by | ||||||
2 | the court until discharged or
final order of the court;
| ||||||
3 | (2) Submit himself or herself to the orders and | ||||||
4 | process of the court;
| ||||||
5 | (3) Not depart this State without leave of the court;
| ||||||
6 | (4) Not violate any criminal statute of any | ||||||
7 | jurisdiction;
| ||||||
8 | (5) At a time and place designated by the court, the | ||||||
9 | defendant shall physically surrender all firearms in his | ||||||
10 | or her possession to a law enforcement agency designated | ||||||
11 | by the court to take custody of and impound the firearms | ||||||
12 | and physically surrender his or her Firearm Owner's | ||||||
13 | Identification Card to the law enforcement agency as a | ||||||
14 | condition of remaining on bond pending trial surrender all | ||||||
15 | firearms
in his or her possession to a law enforcement | ||||||
16 | officer designated by the court
to take custody of and | ||||||
17 | impound the firearms
and physically
surrender his or her | ||||||
18 | Firearm Owner's Identification Card to the clerk of the
| ||||||
19 | circuit court
when the offense the person has
been charged | ||||||
20 | with is a forcible felony, stalking, aggravated stalking, | ||||||
21 | domestic
battery, any violation of the Illinois Controlled | ||||||
22 | Substances Act, the Methamphetamine Control and Community | ||||||
23 | Protection Act, or the
Cannabis Control Act that is | ||||||
24 | classified as a Class 2 or greater felony, or any
felony | ||||||
25 | violation of Article 24 of the Criminal Code of 1961 or the | ||||||
26 | Criminal Code of 2012 . A defendant whose Firearm Owner's |
| |||||||
| |||||||
1 | Identification Card has been revoked or suspended may | ||||||
2 | petition the court to transfer the defendant's firearm to | ||||||
3 | a person who is lawfully able to possess the firearm if the | ||||||
4 | person does not reside at the same address as the | ||||||
5 | defendant. Any transfer must be conducted under Section 3 | ||||||
6 | of the Firearm Owners Identification Card Act. The | ||||||
7 | transferee who receives the defendant's firearms must | ||||||
8 | swear or affirm by affidavit that he or she shall not | ||||||
9 | transfer the firearm to the defendant or to anyone | ||||||
10 | residing in the same residence as the defendant, until the | ||||||
11 | defendant's Firearm Owner's Identification Card has been | ||||||
12 | reinstated. The law enforcement agency, upon transfer of | ||||||
13 | the firearms, shall require the defendant to complete a | ||||||
14 | Firearm Disposition Record under Section 9.5 of the | ||||||
15 | Firearm Owners Identification Card Act and provide a copy | ||||||
16 | to the Illinois State Police along with the defendant's | ||||||
17 | Firearm Owner's Identification Card ; the court
may,
| ||||||
18 | however, forgo the imposition of this condition when the | ||||||
19 | defendant has provided proof to the court that he or she | ||||||
20 | has legally disposed or transferred his or her firearms | ||||||
21 | and returned his or her Firearm Owner's Identification | ||||||
22 | Card to the Illinois State Police. If the court finds the | ||||||
23 | circumstances of the case clearly do not warrant it or | ||||||
24 | when its imposition would be impractical, the court shall | ||||||
25 | indicate on the record and in writing and the court's | ||||||
26 | basis for making the determination when the
circumstances |
| |||||||
| |||||||
1 | of the
case clearly do not warrant it or when its | ||||||
2 | imposition would be
impractical ; all legally possessed | ||||||
3 | firearms shall be returned to the person upon proof being | ||||||
4 | provided to the law enforcement agency of the | ||||||
5 | reinstatement of the person's Firearm Owner's | ||||||
6 | Identification Card;
if the Firearm Owner's Identification | ||||||
7 | Card is confiscated, the clerk of the circuit court shall | ||||||
8 | mail the confiscated card to the Illinois State Police; | ||||||
9 | all legally possessed firearms shall be returned to the | ||||||
10 | person upon
the charges being dismissed, or if the person | ||||||
11 | is found not guilty, unless the
finding of not guilty is by | ||||||
12 | reason of insanity; and
| ||||||
13 | (6) At a time and place designated by the court, | ||||||
14 | submit to a
psychological
evaluation when the person has | ||||||
15 | been charged with a violation of item (4) of
subsection
| ||||||
16 | (a) of Section 24-1 of the Criminal Code of 1961 or the | ||||||
17 | Criminal Code of 2012 and that violation occurred in
a | ||||||
18 | school
or in any conveyance owned, leased, or contracted | ||||||
19 | by a school to transport
students to or
from school or a | ||||||
20 | school-related activity, or on any public way within 1,000
| ||||||
21 | feet of real
property comprising any school.
| ||||||
22 | Psychological evaluations ordered pursuant to this Section | ||||||
23 | shall be completed
promptly
and made available to the State, | ||||||
24 | the defendant, and the court. As a further
condition of bail | ||||||
25 | under
these circumstances, the court shall order the defendant | ||||||
26 | to refrain from
entering upon the
property of the school, |
| |||||||
| |||||||
1 | including any conveyance owned, leased, or contracted
by a | ||||||
2 | school to
transport students to or from school or a | ||||||
3 | school-related activity, or on any public way within
1,000 | ||||||
4 | feet of real property comprising any school. Upon receipt of | ||||||
5 | the psychological evaluation,
either the State or the | ||||||
6 | defendant may request a change in the conditions of bail, | ||||||
7 | pursuant to
Section 110-6 of this Code. The court may change | ||||||
8 | the conditions of bail to include a
requirement that the | ||||||
9 | defendant follow the recommendations of the psychological | ||||||
10 | evaluation,
including undergoing psychiatric treatment. The | ||||||
11 | conclusions of the
psychological evaluation and
any statements | ||||||
12 | elicited from the defendant during its administration are not
| ||||||
13 | admissible as evidence
of guilt during the course of any trial | ||||||
14 | on the charged offense, unless the
defendant places his or her
| ||||||
15 | mental competency in issue.
| ||||||
16 | (b) The court may impose other conditions, such as the | ||||||
17 | following, if the
court finds that such conditions are | ||||||
18 | reasonably necessary to assure the
defendant's appearance in | ||||||
19 | court, protect the public from the defendant, or
prevent the | ||||||
20 | defendant's unlawful interference with the orderly | ||||||
21 | administration
of justice:
| ||||||
22 | (1) Report to or appear in person before such person | ||||||
23 | or agency as the
court may direct;
| ||||||
24 | (2) Refrain from possessing a firearm or other | ||||||
25 | dangerous weapon;
| ||||||
26 | (3) Refrain from approaching or communicating with |
| |||||||
| |||||||
1 | particular persons or
classes of persons;
| ||||||
2 | (4) Refrain from going to certain described | ||||||
3 | geographical areas or
premises;
| ||||||
4 | (5) Refrain from engaging in certain activities or | ||||||
5 | indulging in
intoxicating liquors or in certain drugs;
| ||||||
6 | (6) Undergo treatment for drug addiction or | ||||||
7 | alcoholism;
| ||||||
8 | (7) Undergo medical or psychiatric treatment;
| ||||||
9 | (8) Work or pursue a course of study or vocational | ||||||
10 | training;
| ||||||
11 | (9) Attend or reside in a facility designated by the | ||||||
12 | court;
| ||||||
13 | (10) Support his or her dependents;
| ||||||
14 | (11) If a minor resides with his or her parents or in a | ||||||
15 | foster home,
attend school, attend a non-residential | ||||||
16 | program for youths, and contribute
to his or her own | ||||||
17 | support at home or in a foster home;
| ||||||
18 | (12) Observe any curfew ordered by the court;
| ||||||
19 | (13) Remain in the custody of such designated person | ||||||
20 | or organization
agreeing to supervise his release. Such | ||||||
21 | third party custodian shall be
responsible for notifying | ||||||
22 | the court if the defendant fails to observe the
conditions | ||||||
23 | of release which the custodian has agreed to monitor, and | ||||||
24 | shall
be subject to contempt of court for failure so to | ||||||
25 | notify the court;
| ||||||
26 | (14) Be placed under direct supervision of the |
| |||||||
| |||||||
1 | Pretrial Services
Agency, Probation Department or Court | ||||||
2 | Services Department in a pretrial
bond home supervision | ||||||
3 | capacity with or without the use of an approved
electronic | ||||||
4 | monitoring device subject to Article 8A of Chapter V of | ||||||
5 | the
Unified Code of Corrections;
| ||||||
6 | (14.1) The court shall impose upon a defendant who is | ||||||
7 | charged with any
alcohol, cannabis, methamphetamine, or | ||||||
8 | controlled substance violation and is placed under
direct | ||||||
9 | supervision of the Pretrial Services Agency, Probation | ||||||
10 | Department or
Court Services Department in a pretrial bond | ||||||
11 | home supervision capacity with
the use of an approved | ||||||
12 | monitoring device, as a condition of such bail bond,
a fee | ||||||
13 | that represents costs incidental to the electronic | ||||||
14 | monitoring for each
day of such bail supervision ordered | ||||||
15 | by the
court, unless after determining the inability of | ||||||
16 | the defendant to pay the
fee, the court assesses a lesser | ||||||
17 | fee or no fee as the case may be. The fee
shall be | ||||||
18 | collected by the clerk of the circuit court, except as | ||||||
19 | provided in an administrative order of the Chief Judge of | ||||||
20 | the circuit court. The clerk of the
circuit court shall | ||||||
21 | pay all monies collected from this fee to the county
| ||||||
22 | treasurer for deposit in the substance abuse services fund | ||||||
23 | under Section
5-1086.1 of the Counties Code, except as | ||||||
24 | provided in an administrative order of the Chief Judge of | ||||||
25 | the circuit court. | ||||||
26 | The Chief Judge of the circuit court of the county may |
| |||||||
| |||||||
1 | by administrative order establish a program for electronic | ||||||
2 | monitoring of offenders with regard to drug-related and | ||||||
3 | alcohol-related offenses, in which a vendor supplies and | ||||||
4 | monitors the operation of the electronic monitoring | ||||||
5 | device, and collects the fees on behalf of the county. The | ||||||
6 | program shall include provisions for indigent offenders | ||||||
7 | and the collection of unpaid fees. The program shall not | ||||||
8 | unduly burden the offender and shall be subject to review | ||||||
9 | by the Chief Judge. | ||||||
10 | The Chief Judge of the circuit court may suspend any | ||||||
11 | additional charges or fees for late payment, interest, or | ||||||
12 | damage to any device;
| ||||||
13 | (14.2) The court shall impose upon all defendants, | ||||||
14 | including those
defendants subject to paragraph (14.1) | ||||||
15 | above, placed under direct supervision
of the Pretrial | ||||||
16 | Services Agency, Probation Department or Court Services
| ||||||
17 | Department in a pretrial bond home supervision capacity | ||||||
18 | with the use of an
approved monitoring device, as a | ||||||
19 | condition of such bail bond, a fee
which shall represent | ||||||
20 | costs incidental to such
electronic monitoring for each | ||||||
21 | day of such bail supervision ordered by the
court, unless | ||||||
22 | after determining the inability of the defendant to pay | ||||||
23 | the fee,
the court assesses a lesser fee or no fee as the | ||||||
24 | case may be. The fee shall be
collected by the clerk of the | ||||||
25 | circuit court, except as provided in an administrative | ||||||
26 | order of the Chief Judge of the circuit court. The clerk of |
| |||||||
| |||||||
1 | the circuit court
shall pay all monies collected from this | ||||||
2 | fee to the county treasurer who shall
use the monies | ||||||
3 | collected to defray the costs of corrections. The county
| ||||||
4 | treasurer shall deposit the fee collected in the county | ||||||
5 | working cash fund under
Section 6-27001 or Section 6-29002 | ||||||
6 | of the Counties Code, as the case may
be, except as | ||||||
7 | provided in an administrative order of the Chief Judge of | ||||||
8 | the circuit court. | ||||||
9 | The Chief Judge of the circuit court of the county may | ||||||
10 | by administrative order establish a program for electronic | ||||||
11 | monitoring of offenders with regard to drug-related and | ||||||
12 | alcohol-related offenses, in which a vendor supplies and | ||||||
13 | monitors the operation of the electronic monitoring | ||||||
14 | device, and collects the fees on behalf of the county. The | ||||||
15 | program shall include provisions for indigent offenders | ||||||
16 | and the collection of unpaid fees. The program shall not | ||||||
17 | unduly burden the offender and shall be subject to review | ||||||
18 | by the Chief Judge. | ||||||
19 | The Chief Judge of the circuit court may suspend any | ||||||
20 | additional charges or fees for late payment, interest, or | ||||||
21 | damage to any device;
| ||||||
22 | (14.3) The Chief Judge of the Judicial Circuit may | ||||||
23 | establish reasonable
fees to be paid by a person receiving | ||||||
24 | pretrial services while under supervision
of a pretrial | ||||||
25 | services agency, probation department, or court services
| ||||||
26 | department. Reasonable fees may be charged for pretrial |
| |||||||
| |||||||
1 | services
including, but not limited to, pretrial | ||||||
2 | supervision, diversion programs,
electronic monitoring, | ||||||
3 | victim impact services, drug and alcohol testing, DNA | ||||||
4 | testing, GPS electronic monitoring, assessments and | ||||||
5 | evaluations related to domestic violence and other | ||||||
6 | victims, and
victim mediation services. The person | ||||||
7 | receiving pretrial services may be
ordered to pay all | ||||||
8 | costs incidental to pretrial services in accordance with | ||||||
9 | his
or her ability to pay those costs;
| ||||||
10 | (14.4) For persons charged with violating Section | ||||||
11 | 11-501 of the Illinois
Vehicle Code, refrain from | ||||||
12 | operating a motor vehicle not equipped with an
ignition | ||||||
13 | interlock device, as defined in Section 1-129.1 of the | ||||||
14 | Illinois
Vehicle Code,
pursuant to the rules promulgated | ||||||
15 | by the Secretary of State for the
installation of ignition
| ||||||
16 | interlock devices. Under this condition the court may | ||||||
17 | allow a defendant who is
not
self-employed to operate a | ||||||
18 | vehicle owned by the defendant's employer that is
not | ||||||
19 | equipped with an ignition interlock device in the course | ||||||
20 | and scope of the
defendant's employment;
| ||||||
21 | (15) Comply with the terms and conditions of an order | ||||||
22 | of protection
issued by the court under the Illinois | ||||||
23 | Domestic Violence Act of 1986 or an
order of protection | ||||||
24 | issued by the court of another state, tribe, or United
| ||||||
25 | States territory;
| ||||||
26 | (16) Under Section 110-6.5 comply with the conditions |
| |||||||
| |||||||
1 | of the drug testing
program; and
| ||||||
2 | (17) Such other reasonable conditions as the court may | ||||||
3 | impose.
| ||||||
4 | (c) When a person is charged with an offense under Section | ||||||
5 | 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
| ||||||
6 | 12-14.1,
12-15 or 12-16 of the Criminal Code of 1961 or the | ||||||
7 | Criminal Code of 2012, involving a victim who is a
minor under | ||||||
8 | 18 years of age living in the same household with the defendant
| ||||||
9 | at the time of the offense, in granting bail or releasing the | ||||||
10 | defendant on
his own recognizance, the judge shall impose | ||||||
11 | conditions to restrict the
defendant's access to the victim | ||||||
12 | which may include, but are not limited to
conditions that he | ||||||
13 | will:
| ||||||
14 | 1. Vacate the household.
| ||||||
15 | 2. Make payment of temporary support to his | ||||||
16 | dependents.
| ||||||
17 | 3. Refrain from contact or communication with the | ||||||
18 | child victim, except
as ordered by the court.
| ||||||
19 | (d) When a person is charged with a criminal offense and | ||||||
20 | the victim is
a family or household member as defined in | ||||||
21 | Article 112A, conditions shall
be imposed at the time of the | ||||||
22 | defendant's release on bond that restrict the
defendant's | ||||||
23 | access to the victim.
Unless provided otherwise by the court, | ||||||
24 | the
restrictions shall include
requirements that the defendant | ||||||
25 | do the following:
| ||||||
26 | (1) refrain from contact or communication with the |
| |||||||
| |||||||
1 | victim for a
minimum period of 72 hours following the | ||||||
2 | defendant's release; and
| ||||||
3 | (2) refrain from entering or remaining at the victim's | ||||||
4 | residence for a
minimum period of 72 hours following the | ||||||
5 | defendant's release.
| ||||||
6 | (e) Local law enforcement agencies shall develop | ||||||
7 | standardized bond forms
for use in cases involving family or | ||||||
8 | household members as defined in
Article 112A, including | ||||||
9 | specific conditions of bond as provided in
subsection (d). | ||||||
10 | Failure of any law enforcement department to develop or use
| ||||||
11 | those forms shall in no way limit the applicability and | ||||||
12 | enforcement of
subsections (d) and (f).
| ||||||
13 | (f) If the defendant is admitted to bail after conviction | ||||||
14 | the
conditions of the bail bond shall be that he will, in | ||||||
15 | addition to the
conditions set forth in subsections (a) and | ||||||
16 | (b) hereof:
| ||||||
17 | (1) Duly prosecute his appeal;
| ||||||
18 | (2) Appear at such time and place as the court may | ||||||
19 | direct;
| ||||||
20 | (3) Not depart this State without leave of the court;
| ||||||
21 | (4) Comply with such other reasonable conditions as | ||||||
22 | the court may
impose; and
| ||||||
23 | (5) If the judgment is affirmed or the cause reversed | ||||||
24 | and remanded
for a new trial, forthwith surrender to the | ||||||
25 | officer from whose custody
he was bailed.
| ||||||
26 | (g) Upon a finding of guilty for any felony offense, the |
| |||||||
| |||||||
1 | defendant shall physically surrender, at a time and place | ||||||
2 | designated by the court, all firearms in his or her possession | ||||||
3 | to a law enforcement officer designated by the court to take | ||||||
4 | custody of and impound the firearms and physically surrender | ||||||
5 | his or her Firearm Owner's Identification Card to the law | ||||||
6 | enforcement agency as a condition of remaining on bond pending | ||||||
7 | sentencing. A defendant whose Firearm Owner's Identification | ||||||
8 | Card has been revoked or suspended may petition the court to | ||||||
9 | transfer the defendant's firearm to a person who is lawfully | ||||||
10 | able to possess the firearm if the person does not reside at | ||||||
11 | the same address as the defendant. Any transfer must be | ||||||
12 | conducted under Section 3 of the Firearm Owners Identification | ||||||
13 | Card Act. The transferee who receives the defendant's firearms | ||||||
14 | must swear or affirm by affidavit that he or she shall not | ||||||
15 | transfer the firearm to the defendant or to anyone residing in | ||||||
16 | the same residence as the defendant, until the defendant's | ||||||
17 | Firearm Owner's Identification Card has been reinstated. The | ||||||
18 | law enforcement agency, upon transfer of the firearms, shall | ||||||
19 | require the defendant to complete a Firearm Disposition Record | ||||||
20 | under Section 9.5 of the Firearm Owners Identification Card | ||||||
21 | Act and provide a copy to the Illinois State Police along with | ||||||
22 | the defendant's Firearm Owner's Identification Card the | ||||||
23 | defendant shall
physically surrender, at a time and place | ||||||
24 | designated by the court,
any and all firearms in his or her | ||||||
25 | possession and his or her Firearm Owner's
Identification Card | ||||||
26 | as a condition of remaining on bond pending sentencing.
|
| |||||||
| |||||||
1 | (h) Upon indictment for any felony offense, the defendant | ||||||
2 | shall physically surrender, at a time and place designated by | ||||||
3 | the court, all firearms in his or her possession to a law | ||||||
4 | enforcement officer designated by the court to take custody of | ||||||
5 | and impound the firearms and physically surrender his or her | ||||||
6 | Firearm Owner's Identification Card to the law enforcement | ||||||
7 | agency as a condition of remaining on bond pending trial. A | ||||||
8 | defendant whose Firearm Owner's Identification Card has been | ||||||
9 | revoked or suspended may petition the court to transfer the | ||||||
10 | defendant's firearm to a person who is lawfully able to | ||||||
11 | possess the firearm if the person does not reside at the same | ||||||
12 | address as the defendant. Any transfer must be conducted under | ||||||
13 | Section 3 of the Firearm Owners Identification Card Act. The | ||||||
14 | transferee who receives the defendant's firearms must swear or | ||||||
15 | affirm by affidavit that he or she shall not transfer the | ||||||
16 | firearm to the defendant or to anyone residing in the same | ||||||
17 | residence as the defendant, until the defendant's Firearm | ||||||
18 | Owner's Identification Card has been reinstated. The law | ||||||
19 | enforcement agency upon transfer of the firearms shall require | ||||||
20 | the defendant to complete a Firearm Disposition Record under | ||||||
21 | Section 9.5 of the Firearm Owners Identification Card Act and | ||||||
22 | provide a copy to the Illinois State Police along with the | ||||||
23 | defendants Firearm Owner's Identification Card. All legally | ||||||
24 | possessed firearms shall be returned to the person upon proof | ||||||
25 | being provided to the law enforcement agency of the | ||||||
26 | reinstatement of the person's Firearm Owner's Identification |
| |||||||
| |||||||
1 | Card. | ||||||
2 | (i) (h) In the event the defendant is unable to post bond, | ||||||
3 | the court may impose a no contact provision with the victim or | ||||||
4 | other interested party that shall be enforced while the | ||||||
5 | defendant remains in custody. | ||||||
6 | (Source: P.A. 101-138, eff. 1-1-20 .)
| ||||||
7 | (725 ILCS 5/112A-14) (from Ch. 38, par. 112A-14)
| ||||||
8 | Sec. 112A-14. Domestic violence order of protection; | ||||||
9 | remedies.
| ||||||
10 | (a) (Blank).
| ||||||
11 | (b) The court may order any of the remedies listed in this | ||||||
12 | subsection (b).
The remedies listed in this subsection (b) | ||||||
13 | shall be in addition to other civil
or criminal remedies | ||||||
14 | available to petitioner.
| ||||||
15 | (1) Prohibition of abuse. Prohibit respondent's | ||||||
16 | harassment,
interference with personal liberty, | ||||||
17 | intimidation of a dependent, physical
abuse, or willful | ||||||
18 | deprivation, as defined in this Article, if such abuse has
| ||||||
19 | occurred or otherwise appears likely to occur if not | ||||||
20 | prohibited.
| ||||||
21 | (2) Grant of exclusive possession of residence. | ||||||
22 | Prohibit respondent
from entering or remaining in any | ||||||
23 | residence, household, or premises of the petitioner,
| ||||||
24 | including one owned or leased by respondent, if petitioner | ||||||
25 | has a right
to occupancy thereof. The grant of exclusive |
| |||||||
| |||||||
1 | possession of the residence, household, or premises
shall | ||||||
2 | not affect title to real property, nor shall the court be | ||||||
3 | limited by
the standard set forth in subsection (c-2) of | ||||||
4 | Section 501 of the Illinois Marriage and
Dissolution of | ||||||
5 | Marriage Act.
| ||||||
6 | (A) Right to occupancy. A party has a right to | ||||||
7 | occupancy of a
residence or household if it is
solely | ||||||
8 | or jointly owned or leased by that party, that party's | ||||||
9 | spouse, a
person with a legal duty to support that | ||||||
10 | party or a minor child in that
party's care, or by any | ||||||
11 | person or entity other than the opposing party that
| ||||||
12 | authorizes that party's occupancy (e.g., a domestic | ||||||
13 | violence shelter).
Standards set forth in subparagraph | ||||||
14 | (B) shall not preclude equitable relief.
| ||||||
15 | (B) Presumption of hardships. If petitioner and | ||||||
16 | respondent
each has the right to occupancy of a | ||||||
17 | residence or household, the court
shall balance (i) | ||||||
18 | the hardships to respondent and any minor child or
| ||||||
19 | dependent adult in respondent's care resulting from | ||||||
20 | entry of this remedy with (ii)
the hardships to | ||||||
21 | petitioner and any minor child or dependent adult in
| ||||||
22 | petitioner's care resulting from continued exposure to | ||||||
23 | the risk of abuse (should
petitioner remain at the | ||||||
24 | residence or household) or from loss of possession
of | ||||||
25 | the residence or household (should petitioner leave to | ||||||
26 | avoid the risk
of abuse). When determining the balance |
| |||||||
| |||||||
1 | of hardships, the court shall also
take into account | ||||||
2 | the accessibility of the residence or household.
| ||||||
3 | Hardships need not be balanced if respondent does not | ||||||
4 | have a right to occupancy.
| ||||||
5 | The balance of hardships is presumed to favor | ||||||
6 | possession by
petitioner unless the presumption is | ||||||
7 | rebutted by a preponderance of the
evidence, showing | ||||||
8 | that the hardships to respondent substantially | ||||||
9 | outweigh
the hardships to petitioner and any minor | ||||||
10 | child or dependent adult in petitioner's
care. The | ||||||
11 | court, on the request of petitioner or on its own | ||||||
12 | motion,
may order respondent to provide suitable, | ||||||
13 | accessible, alternate housing
for petitioner instead | ||||||
14 | of
excluding respondent from a mutual residence or | ||||||
15 | household.
| ||||||
16 | (3) Stay away order and additional prohibitions.
Order | ||||||
17 | respondent to stay away from petitioner or any other | ||||||
18 | person
protected by the domestic violence order of | ||||||
19 | protection, or prohibit respondent from entering
or | ||||||
20 | remaining present at petitioner's school, place of | ||||||
21 | employment, or other
specified places at times when | ||||||
22 | petitioner is present, or both, if
reasonable, given
the | ||||||
23 | balance of hardships. Hardships need not be balanced for | ||||||
24 | the court
to enter a stay away order or prohibit entry
if | ||||||
25 | respondent has no right to enter the premises.
| ||||||
26 | (A) If a domestic violence order of protection |
| |||||||
| |||||||
1 | grants petitioner exclusive possession
of the | ||||||
2 | residence, prohibits respondent from entering the | ||||||
3 | residence,
or orders respondent to stay away from | ||||||
4 | petitioner or other
protected persons, then the court | ||||||
5 | may allow respondent access to the
residence to remove | ||||||
6 | items of clothing and personal adornment
used | ||||||
7 | exclusively by respondent, medications, and other | ||||||
8 | items as the court directs.
The right to access shall | ||||||
9 | be exercised on only one occasion as the court directs
| ||||||
10 | and in the presence of an agreed-upon adult third | ||||||
11 | party or law enforcement officer.
| ||||||
12 | (B) When the petitioner and the respondent attend | ||||||
13 | the same public, private, or non-public elementary, | ||||||
14 | middle, or high school, the court when issuing a | ||||||
15 | domestic violence order of protection and providing | ||||||
16 | relief shall consider the severity of the act, any | ||||||
17 | continuing physical danger or emotional distress to | ||||||
18 | the petitioner, the educational rights guaranteed to | ||||||
19 | the petitioner and respondent under federal and State | ||||||
20 | law, the availability of a transfer of the respondent | ||||||
21 | to another school, a change of placement or a change of | ||||||
22 | program of the respondent, the expense, difficulty, | ||||||
23 | and educational disruption that would be caused by a | ||||||
24 | transfer of the respondent to another school, and any | ||||||
25 | other relevant facts of the case. The court may order | ||||||
26 | that the respondent not attend the public, private, or |
| |||||||
| |||||||
1 | non-public elementary, middle, or high school attended | ||||||
2 | by the petitioner, order that the respondent accept a | ||||||
3 | change of placement or change of program, as | ||||||
4 | determined by the school district or private or | ||||||
5 | non-public school, or place restrictions on the | ||||||
6 | respondent's movements within the school attended by | ||||||
7 | the petitioner. The respondent bears the burden of | ||||||
8 | proving by a preponderance of the evidence that a | ||||||
9 | transfer, change of placement, or change of program of | ||||||
10 | the respondent is not available. The respondent also | ||||||
11 | bears the burden of production with respect to the | ||||||
12 | expense, difficulty, and educational disruption that | ||||||
13 | would be caused by a transfer of the respondent to | ||||||
14 | another school. A transfer, change of placement, or | ||||||
15 | change of program is not unavailable to the respondent | ||||||
16 | solely on the ground that the respondent does not | ||||||
17 | agree with the school district's or private or | ||||||
18 | non-public school's transfer, change of placement, or | ||||||
19 | change of program or solely on the ground that the | ||||||
20 | respondent fails or refuses to consent or otherwise | ||||||
21 | does not take an action required to effectuate a | ||||||
22 | transfer, change of placement, or change of program. | ||||||
23 | When a court orders a respondent to stay away from the | ||||||
24 | public, private, or non-public school attended by the | ||||||
25 | petitioner and the respondent requests a transfer to | ||||||
26 | another attendance center within the respondent's |
| |||||||
| |||||||
1 | school district or private or non-public school, the | ||||||
2 | school district or private or non-public school shall | ||||||
3 | have sole discretion to determine the attendance | ||||||
4 | center to which the respondent is transferred. If the | ||||||
5 | court order results in a transfer of the minor | ||||||
6 | respondent to another attendance center, a change in | ||||||
7 | the respondent's placement, or a change of the | ||||||
8 | respondent's program, the parents, guardian, or legal | ||||||
9 | custodian of the respondent is responsible for | ||||||
10 | transportation and other costs associated with the | ||||||
11 | transfer or change. | ||||||
12 | (C) The court may order the parents, guardian, or | ||||||
13 | legal custodian of a minor respondent to take certain | ||||||
14 | actions or to refrain from taking certain actions to | ||||||
15 | ensure that the respondent complies with the order. If | ||||||
16 | the court orders a transfer of the respondent to | ||||||
17 | another school, the parents, guardian, or legal | ||||||
18 | custodian of the respondent is responsible for | ||||||
19 | transportation and other costs associated with the | ||||||
20 | change of school by the respondent. | ||||||
21 | (4) Counseling. Require or recommend the respondent to | ||||||
22 | undergo
counseling for a specified duration with a social | ||||||
23 | worker, psychologist,
clinical psychologist, | ||||||
24 | psychiatrist, family service agency, alcohol or
substance | ||||||
25 | abuse program, mental health center guidance counselor, | ||||||
26 | agency
providing services to elders, program designed for |
| |||||||
| |||||||
1 | domestic violence
abusers, or any other guidance service | ||||||
2 | the court deems appropriate. The court may order the | ||||||
3 | respondent in any intimate partner relationship to report | ||||||
4 | to an Illinois Department of Human Services protocol | ||||||
5 | approved partner abuse intervention program for an | ||||||
6 | assessment and to follow all recommended treatment.
| ||||||
7 | (5) Physical care and possession of the minor child. | ||||||
8 | In order to protect
the minor child from abuse, neglect, | ||||||
9 | or unwarranted separation from the person
who has been the | ||||||
10 | minor child's primary caretaker, or to otherwise protect | ||||||
11 | the
well-being of the minor child, the court may do either | ||||||
12 | or both of the following:
(i) grant petitioner physical | ||||||
13 | care or possession of the minor child, or both, or
(ii) | ||||||
14 | order respondent to return a minor child to, or not remove | ||||||
15 | a minor child
from, the physical care of a parent or person | ||||||
16 | in loco parentis.
| ||||||
17 | If the respondent is charged with abuse
(as defined in | ||||||
18 | Section 112A-3 of this Code) of a minor child, there shall | ||||||
19 | be a
rebuttable presumption that awarding physical care to | ||||||
20 | respondent would not
be in the minor child's best | ||||||
21 | interest.
| ||||||
22 | (6) Temporary allocation of parental responsibilities | ||||||
23 | and significant decision-making responsibilities.
Award | ||||||
24 | temporary significant decision-making responsibility to | ||||||
25 | petitioner in accordance with this Section,
the Illinois | ||||||
26 | Marriage
and Dissolution of Marriage Act, the Illinois |
| |||||||
| |||||||
1 | Parentage Act of 2015,
and this State's Uniform | ||||||
2 | Child-Custody
Jurisdiction and Enforcement Act.
| ||||||
3 | If the respondent
is charged with abuse (as defined in | ||||||
4 | Section 112A-3 of this Code) of a
minor child, there shall | ||||||
5 | be a rebuttable presumption that awarding
temporary | ||||||
6 | significant decision-making responsibility to respondent | ||||||
7 | would not be in the
child's best interest.
| ||||||
8 | (7) Parenting time. Determine the parenting time, if | ||||||
9 | any, of respondent in any case in which the court
awards | ||||||
10 | physical care or temporary significant decision-making | ||||||
11 | responsibility of a minor child to
petitioner. The court | ||||||
12 | shall restrict or deny respondent's parenting time with
a | ||||||
13 | minor child if
the court finds that respondent has done or | ||||||
14 | is likely to do any of the
following: | ||||||
15 | (i) abuse or endanger the minor child during | ||||||
16 | parenting time; | ||||||
17 | (ii) use the parenting time
as an opportunity to | ||||||
18 | abuse or harass petitioner or
petitioner's family or | ||||||
19 | household members; | ||||||
20 | (iii) improperly conceal or
detain the minor | ||||||
21 | child; or | ||||||
22 | (iv) otherwise act in a manner that is not in
the | ||||||
23 | best interests of the minor child. | ||||||
24 | The court shall not be limited by the
standards set | ||||||
25 | forth in Section 603.10 of the Illinois Marriage and
| ||||||
26 | Dissolution of Marriage Act. If the court grants parenting |
| |||||||
| |||||||
1 | time, the order
shall specify dates and times for the | ||||||
2 | parenting time to take place or other
specific parameters | ||||||
3 | or conditions that are appropriate. No order for parenting | ||||||
4 | time
shall refer merely to the term "reasonable parenting | ||||||
5 | time". Petitioner may deny respondent access to the minor | ||||||
6 | child if, when
respondent arrives for parenting time, | ||||||
7 | respondent is under the influence of drugs
or alcohol and | ||||||
8 | constitutes a threat to the safety and well-being of
| ||||||
9 | petitioner or petitioner's minor children or is behaving | ||||||
10 | in a violent or abusive manner. If necessary to protect | ||||||
11 | any member of petitioner's family or
household from future | ||||||
12 | abuse, respondent shall be prohibited from coming to
| ||||||
13 | petitioner's residence to meet the minor child for | ||||||
14 | parenting time, and the petitioner and respondent
shall | ||||||
15 | submit to the court their recommendations for reasonable
| ||||||
16 | alternative arrangements for parenting time. A person may | ||||||
17 | be approved to
supervise parenting time only after filing | ||||||
18 | an affidavit accepting
that responsibility and | ||||||
19 | acknowledging accountability to the court.
| ||||||
20 | (8) Removal or concealment of minor child.
Prohibit | ||||||
21 | respondent from
removing a minor child from the State or | ||||||
22 | concealing the child within the
State.
| ||||||
23 | (9) Order to appear. Order the respondent to
appear in | ||||||
24 | court, alone
or with a minor child, to prevent abuse, | ||||||
25 | neglect, removal or concealment of
the child, to return | ||||||
26 | the child to the custody or care of the petitioner, or
to |
| |||||||
| |||||||
1 | permit any court-ordered interview or examination of the | ||||||
2 | child or the
respondent.
| ||||||
3 | (10) Possession of personal property. Grant petitioner | ||||||
4 | exclusive
possession of personal property and, if | ||||||
5 | respondent has possession or
control, direct respondent to | ||||||
6 | promptly make it available to petitioner, if:
| ||||||
7 | (i) petitioner, but not respondent, owns the | ||||||
8 | property; or
| ||||||
9 | (ii) the petitioner and respondent own the | ||||||
10 | property jointly; sharing it would risk
abuse of | ||||||
11 | petitioner by respondent or is impracticable; and the | ||||||
12 | balance of
hardships favors temporary possession by | ||||||
13 | petitioner.
| ||||||
14 | If petitioner's sole claim to ownership of the | ||||||
15 | property is that it is
marital property, the court may | ||||||
16 | award petitioner temporary possession
thereof under the | ||||||
17 | standards of subparagraph (ii) of this paragraph only if
a | ||||||
18 | proper proceeding has been filed under the Illinois | ||||||
19 | Marriage and
Dissolution of Marriage Act, as now or | ||||||
20 | hereafter amended.
| ||||||
21 | No order under this provision shall affect title to | ||||||
22 | property.
| ||||||
23 | (11) Protection of property. Forbid the respondent | ||||||
24 | from taking,
transferring, encumbering, concealing, | ||||||
25 | damaging, or otherwise disposing of
any real or personal | ||||||
26 | property, except as explicitly authorized by the
court, |
| |||||||
| |||||||
1 | if:
| ||||||
2 | (i) petitioner, but not respondent, owns the | ||||||
3 | property; or
| ||||||
4 | (ii) the petitioner and respondent own the | ||||||
5 | property jointly,
and the balance of hardships favors | ||||||
6 | granting this remedy.
| ||||||
7 | If petitioner's sole claim to ownership of the | ||||||
8 | property is that it is
marital property, the court may | ||||||
9 | grant petitioner relief under subparagraph
(ii) of this | ||||||
10 | paragraph only if a proper proceeding has been filed under | ||||||
11 | the
Illinois Marriage and Dissolution of Marriage Act, as | ||||||
12 | now or hereafter amended.
| ||||||
13 | The court may further prohibit respondent from | ||||||
14 | improperly using the
financial or other resources of an | ||||||
15 | aged member of the family or household
for the profit or | ||||||
16 | advantage of respondent or of any other person.
| ||||||
17 | (11.5) Protection of animals. Grant the petitioner the | ||||||
18 | exclusive care, custody, or control of any animal owned, | ||||||
19 | possessed, leased, kept, or held by either the petitioner | ||||||
20 | or the respondent or a minor child residing in the | ||||||
21 | residence or household of either the petitioner or the | ||||||
22 | respondent and order the respondent to stay away from the | ||||||
23 | animal and forbid the respondent from taking, | ||||||
24 | transferring, encumbering, concealing, harming, or | ||||||
25 | otherwise disposing of the animal.
| ||||||
26 | (12) Order for payment of support. Order
respondent to |
| |||||||
| |||||||
1 | pay temporary
support for the petitioner or any child in | ||||||
2 | the petitioner's care or over whom the petitioner has been | ||||||
3 | allocated parental responsibility, when the respondent has | ||||||
4 | a legal obligation to support that person,
in accordance | ||||||
5 | with the Illinois Marriage and Dissolution
of Marriage | ||||||
6 | Act, which shall govern, among other matters, the amount | ||||||
7 | of
support, payment through the clerk and withholding of | ||||||
8 | income to secure
payment. An order for child support may | ||||||
9 | be granted to a petitioner with
lawful physical care of a | ||||||
10 | child, or an order or agreement for
physical care of a | ||||||
11 | child, prior to entry of an order allocating significant | ||||||
12 | decision-making responsibility.
Such a support order shall | ||||||
13 | expire upon entry of a valid order allocating parental | ||||||
14 | responsibility differently and vacating petitioner's | ||||||
15 | significant decision-making responsibility unless | ||||||
16 | otherwise provided in the order.
| ||||||
17 | (13) Order for payment of losses. Order
respondent to | ||||||
18 | pay petitioner
for losses suffered as a direct result of | ||||||
19 | the abuse. Such losses shall
include, but not be limited | ||||||
20 | to, medical expenses, lost earnings or other
support, | ||||||
21 | repair or replacement of property damaged or taken, | ||||||
22 | reasonable
attorney's fees, court costs, and moving or | ||||||
23 | other travel expenses, including
additional reasonable | ||||||
24 | expenses for temporary shelter and restaurant meals.
| ||||||
25 | (i) Losses affecting family needs. If a party is | ||||||
26 | entitled to seek
maintenance, child support, or |
| |||||||
| |||||||
1 | property distribution from the other party
under the | ||||||
2 | Illinois Marriage and Dissolution of Marriage Act, as | ||||||
3 | now or
hereafter amended, the court may order | ||||||
4 | respondent to reimburse petitioner's
actual losses, to | ||||||
5 | the extent that such reimbursement would be | ||||||
6 | "appropriate
temporary relief", as authorized by | ||||||
7 | subsection (a)(3) of
Section 501 of that Act.
| ||||||
8 | (ii) Recovery of expenses. In the case of an | ||||||
9 | improper concealment
or removal of a minor child, the | ||||||
10 | court may order respondent to pay the reasonable
| ||||||
11 | expenses incurred or to be incurred in the search for | ||||||
12 | and recovery of the
minor child, including, but not | ||||||
13 | limited to, legal fees, court costs, private
| ||||||
14 | investigator fees, and travel costs.
| ||||||
15 | (14) Prohibition of entry. Prohibit the respondent | ||||||
16 | from entering or
remaining in the residence or household | ||||||
17 | while the respondent is under the
influence of alcohol or | ||||||
18 | drugs and constitutes a threat to the safety and
| ||||||
19 | well-being of the petitioner or the petitioner's children.
| ||||||
20 | (14.5) Prohibition of firearm possession. | ||||||
21 | (A) A person who is subject to an existing | ||||||
22 | domestic violence order of protection issued under | ||||||
23 | this Code may not lawfully possess weapons or a valid | ||||||
24 | Firearm Owner's Identification Card under Section 8.2 | ||||||
25 | of the Firearm Owners Identification Card Act. | ||||||
26 | (B) Any firearms in the
possession of the |
| |||||||
| |||||||
1 | respondent, except as provided in subparagraph (C) of | ||||||
2 | this paragraph (14.5), shall be ordered by the court | ||||||
3 | to be turned
over to a person with a valid Firearm | ||||||
4 | Owner's Identification Card for safekeeping. The court | ||||||
5 | shall issue an order that the respondent comply with | ||||||
6 | Section 9.5 of the Firearm Owners Identification Card | ||||||
7 | Act. the respondent's Firearm Owner's Identification | ||||||
8 | Card be turned over to the local law enforcement | ||||||
9 | agency, which in turn shall immediately mail the card | ||||||
10 | to the Department of State Police Firearm Owner's | ||||||
11 | Identification Card Office for safekeeping.
The period | ||||||
12 | of safekeeping shall be for the duration of the | ||||||
13 | domestic violence order of protection. The firearm or | ||||||
14 | firearms and Firearm Owner's Identification Card, if | ||||||
15 | unexpired, shall at the respondent's request be | ||||||
16 | returned to the respondent at expiration of the | ||||||
17 | domestic violence order of protection.
| ||||||
18 | (C) If the respondent is a peace officer as | ||||||
19 | defined in Section 2-13 of
the
Criminal Code of 2012, | ||||||
20 | the court shall order that any firearms used by the
| ||||||
21 | respondent in the performance of his or her duties as a
| ||||||
22 | peace officer be surrendered to
the chief law | ||||||
23 | enforcement executive of the agency in which the | ||||||
24 | respondent is
employed, who shall retain the firearms | ||||||
25 | for safekeeping for the duration of the domestic | ||||||
26 | violence order of protection.
|
| |||||||
| |||||||
1 | (D) Upon expiration of the period of safekeeping, | ||||||
2 | if the firearms or Firearm Owner's Identification Card | ||||||
3 | cannot be returned to respondent because respondent | ||||||
4 | cannot be located, fails to respond to requests to | ||||||
5 | retrieve the firearms, or is not lawfully eligible to | ||||||
6 | possess a firearm, upon petition from the local law | ||||||
7 | enforcement agency, the court may order the local law | ||||||
8 | enforcement agency to destroy the firearms, use the | ||||||
9 | firearms for training purposes, or for any other | ||||||
10 | application as deemed appropriate by the local law | ||||||
11 | enforcement agency; or that the firearms be turned | ||||||
12 | over to a third party who is lawfully eligible to | ||||||
13 | possess firearms, and who does not reside with | ||||||
14 | respondent. | ||||||
15 | (15) Prohibition of access to records. If a domestic | ||||||
16 | violence order of protection
prohibits respondent from | ||||||
17 | having contact with the minor child,
or if petitioner's | ||||||
18 | address is omitted under subsection (b) of
Section 112A-5 | ||||||
19 | of this Code, or if necessary to prevent abuse or wrongful | ||||||
20 | removal or
concealment of a minor child, the order shall | ||||||
21 | deny respondent access to, and
prohibit respondent from | ||||||
22 | inspecting, obtaining, or attempting to
inspect or obtain, | ||||||
23 | school or any other records of the minor child
who is in | ||||||
24 | the care of petitioner.
| ||||||
25 | (16) Order for payment of shelter services. Order | ||||||
26 | respondent to
reimburse a shelter providing temporary |
| |||||||
| |||||||
1 | housing and counseling services to
the petitioner for the | ||||||
2 | cost of the services, as certified by the shelter
and | ||||||
3 | deemed reasonable by the court.
| ||||||
4 | (17) Order for injunctive relief. Enter injunctive | ||||||
5 | relief necessary
or appropriate to prevent further abuse | ||||||
6 | of a family or household member or
to effectuate one of the | ||||||
7 | granted remedies, if supported by the balance of
| ||||||
8 | hardships. If the harm to be prevented by the injunction | ||||||
9 | is abuse or any
other harm that one of the remedies listed | ||||||
10 | in paragraphs (1) through (16)
of this subsection is | ||||||
11 | designed to prevent, no further evidence is necessary
to | ||||||
12 | establish that the harm is an irreparable injury.
| ||||||
13 | (18) Telephone services. | ||||||
14 | (A) Unless a condition described in subparagraph | ||||||
15 | (B) of this paragraph exists, the court may, upon | ||||||
16 | request by the petitioner, order a wireless telephone | ||||||
17 | service provider to transfer to the petitioner the | ||||||
18 | right to continue to use a telephone number or numbers | ||||||
19 | indicated by the petitioner and the financial | ||||||
20 | responsibility associated with the number or numbers, | ||||||
21 | as set forth in subparagraph (C) of this paragraph. In | ||||||
22 | this paragraph (18), the term "wireless telephone | ||||||
23 | service provider" means a provider of commercial | ||||||
24 | mobile service as defined in 47 U.S.C. 332. The | ||||||
25 | petitioner may request the transfer of each telephone | ||||||
26 | number that the petitioner, or a minor child in his or |
| |||||||
| |||||||
1 | her custody, uses. The clerk of the court shall serve | ||||||
2 | the order on the wireless telephone service provider's | ||||||
3 | agent for service of process provided to the Illinois | ||||||
4 | Commerce Commission. The order shall contain all of | ||||||
5 | the following: | ||||||
6 | (i) The name and billing telephone number of | ||||||
7 | the account holder including the name of the | ||||||
8 | wireless telephone service provider that serves | ||||||
9 | the account. | ||||||
10 | (ii) Each telephone number that will be | ||||||
11 | transferred. | ||||||
12 | (iii) A statement that the provider transfers | ||||||
13 | to the petitioner all financial responsibility for | ||||||
14 | and right to the use of any telephone number | ||||||
15 | transferred under this paragraph. | ||||||
16 | (B) A wireless telephone service provider shall | ||||||
17 | terminate the respondent's use of, and shall transfer | ||||||
18 | to the petitioner use of, the telephone number or | ||||||
19 | numbers indicated in subparagraph (A) of this | ||||||
20 | paragraph unless it notifies the petitioner, within 72 | ||||||
21 | hours after it receives the order, that one of the | ||||||
22 | following applies: | ||||||
23 | (i) The account holder named in the order has | ||||||
24 | terminated the account. | ||||||
25 | (ii) A difference in network technology would | ||||||
26 | prevent or impair the functionality of a device on |
| |||||||
| |||||||
1 | a network if the transfer occurs. | ||||||
2 | (iii) The transfer would cause a geographic or | ||||||
3 | other limitation on network or service provision | ||||||
4 | to the petitioner. | ||||||
5 | (iv) Another technological or operational | ||||||
6 | issue would prevent or impair the use of the | ||||||
7 | telephone number if the transfer occurs. | ||||||
8 | (C) The petitioner assumes all financial | ||||||
9 | responsibility for and right to the use of any | ||||||
10 | telephone number transferred under this paragraph. In | ||||||
11 | this paragraph, "financial responsibility" includes | ||||||
12 | monthly service costs and costs associated with any | ||||||
13 | mobile device associated with the number. | ||||||
14 | (D) A wireless telephone service provider may | ||||||
15 | apply to the petitioner its routine and customary | ||||||
16 | requirements for establishing an account or | ||||||
17 | transferring a number, including requiring the | ||||||
18 | petitioner to provide proof of identification, | ||||||
19 | financial information, and customer preferences.
| ||||||
20 | (E) Except for willful or wanton misconduct, a | ||||||
21 | wireless telephone service provider is immune from | ||||||
22 | civil liability for its actions taken in compliance | ||||||
23 | with a court order issued under this paragraph. | ||||||
24 | (F) All wireless service providers that provide | ||||||
25 | services to residential customers shall provide to the | ||||||
26 | Illinois Commerce Commission the name and address of |
| |||||||
| |||||||
1 | an agent for service of orders entered under this | ||||||
2 | paragraph (18). Any change in status of the registered | ||||||
3 | agent must be reported to the Illinois Commerce | ||||||
4 | Commission within 30 days of such change. | ||||||
5 | (G) The Illinois Commerce Commission shall | ||||||
6 | maintain the list of registered agents for service for | ||||||
7 | each wireless telephone service provider on the | ||||||
8 | Commission's website. The Commission may consult with | ||||||
9 | wireless telephone service providers and the Circuit | ||||||
10 | Court Clerks on the manner in which this information | ||||||
11 | is provided and displayed. | ||||||
12 | (c) Relevant factors; findings.
| ||||||
13 | (1) In determining whether to grant a
specific remedy, | ||||||
14 | other than payment of support, the
court shall consider | ||||||
15 | relevant factors, including, but not limited to, the
| ||||||
16 | following:
| ||||||
17 | (i) the nature, frequency, severity, pattern, and | ||||||
18 | consequences of the
respondent's past abuse of the | ||||||
19 | petitioner or any family or household
member, | ||||||
20 | including the concealment of his or her location in | ||||||
21 | order to evade
service of process or notice, and the | ||||||
22 | likelihood of danger of future abuse to
petitioner or
| ||||||
23 | any member of petitioner's or respondent's family or | ||||||
24 | household; and
| ||||||
25 | (ii) the danger that any minor child will be | ||||||
26 | abused or neglected or
improperly relocated from the |
| |||||||
| |||||||
1 | jurisdiction, improperly concealed within the
State, | ||||||
2 | or improperly separated from the child's primary | ||||||
3 | caretaker.
| ||||||
4 | (2) In comparing relative hardships resulting to the | ||||||
5 | parties from loss
of possession of the family home, the | ||||||
6 | court shall consider relevant
factors, including, but not | ||||||
7 | limited to, the following:
| ||||||
8 | (i) availability, accessibility, cost, safety, | ||||||
9 | adequacy, location, and other
characteristics of | ||||||
10 | alternate housing for each party and any minor child | ||||||
11 | or
dependent adult in the party's care;
| ||||||
12 | (ii) the effect on the party's employment; and
| ||||||
13 | (iii) the effect on the relationship of the party, | ||||||
14 | and any minor
child or dependent adult in the party's | ||||||
15 | care, to family, school, church,
and community.
| ||||||
16 | (3) Subject to the exceptions set forth in paragraph | ||||||
17 | (4) of this
subsection (c), the court shall make its | ||||||
18 | findings in an official record or in
writing, and shall at | ||||||
19 | a minimum set forth the following:
| ||||||
20 | (i) That the court has considered the applicable | ||||||
21 | relevant factors
described in paragraphs (1) and (2) | ||||||
22 | of this subsection (c).
| ||||||
23 | (ii) Whether the conduct or actions of respondent, | ||||||
24 | unless
prohibited, will likely cause irreparable harm | ||||||
25 | or continued abuse.
| ||||||
26 | (iii) Whether it is necessary to grant the |
| |||||||
| |||||||
1 | requested relief in order
to protect petitioner or | ||||||
2 | other alleged abused persons.
| ||||||
3 | (4) (Blank).
| ||||||
4 | (5) Never married parties. No rights or | ||||||
5 | responsibilities for a minor
child born outside of | ||||||
6 | marriage attach to a putative father until a father and
| ||||||
7 | child relationship has been established under the Illinois | ||||||
8 | Parentage Act of
1984, the Illinois Parentage Act of 2015, | ||||||
9 | the Illinois Public Aid Code, Section 12 of the Vital | ||||||
10 | Records Act, the Juvenile Court Act of 1987, the Probate | ||||||
11 | Act of 1975, the Uniform Interstate Family Support Act, | ||||||
12 | the Expedited Child Support Act of 1990, any judicial, | ||||||
13 | administrative, or other act of another state or | ||||||
14 | territory, any other statute of this State, or by any | ||||||
15 | foreign nation establishing the father and child | ||||||
16 | relationship, any other proceeding substantially in | ||||||
17 | conformity with the federal Personal Responsibility and | ||||||
18 | Work Opportunity Reconciliation Act of 1996, or when both | ||||||
19 | parties appeared in open court or at an administrative | ||||||
20 | hearing acknowledging under oath or admitting by | ||||||
21 | affirmation the existence of a father and child | ||||||
22 | relationship. Absent such an adjudication, no putative | ||||||
23 | father shall be granted
temporary allocation of parental | ||||||
24 | responsibilities, including parenting time with the minor | ||||||
25 | child, or
physical care
and possession of the minor child, | ||||||
26 | nor shall
an order of payment for support of the minor |
| |||||||
| |||||||
1 | child be entered.
| ||||||
2 | (d) Balance of hardships; findings. If the court finds | ||||||
3 | that the balance
of hardships does not support the granting of | ||||||
4 | a remedy governed by
paragraph (2), (3), (10), (11), or (16) of
| ||||||
5 | subsection (b) of this Section,
which may require such | ||||||
6 | balancing, the court's findings shall so
indicate and shall | ||||||
7 | include a finding as to whether granting the remedy will
| ||||||
8 | result in hardship to respondent that would substantially | ||||||
9 | outweigh the hardship
to petitioner
from denial of the remedy. | ||||||
10 | The findings shall be an official record or in
writing.
| ||||||
11 | (e) Denial of remedies. Denial of any remedy shall not be | ||||||
12 | based, in
whole or in part, on evidence that:
| ||||||
13 | (1) respondent has cause for any use of force, unless | ||||||
14 | that cause
satisfies the standards for justifiable use of | ||||||
15 | force provided by Article
7 of the Criminal Code of 2012;
| ||||||
16 | (2) respondent was voluntarily intoxicated;
| ||||||
17 | (3) petitioner acted in self-defense or defense of | ||||||
18 | another, provided
that, if petitioner utilized force, such | ||||||
19 | force was justifiable under
Article 7 of the Criminal Code | ||||||
20 | of 2012;
| ||||||
21 | (4) petitioner did not act in self-defense or defense | ||||||
22 | of another;
| ||||||
23 | (5) petitioner left the residence or household to | ||||||
24 | avoid further abuse
by respondent;
| ||||||
25 | (6) petitioner did not leave the residence or | ||||||
26 | household to avoid further
abuse by respondent; or
|
| |||||||
| |||||||
1 | (7) conduct by any family or household member excused | ||||||
2 | the abuse by
respondent, unless that same conduct would | ||||||
3 | have excused such abuse if the
parties had not been family | ||||||
4 | or household members.
| ||||||
5 | (Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18; | ||||||
6 | 100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff. | ||||||
7 | 1-1-19; 101-81, eff. 7-12-19.)
| ||||||
8 | Section 40. The Unified Code of Corrections is amended by | ||||||
9 | changing Section 5-6-3 as follows: | ||||||
10 | (730 ILCS 5/5-6-3) (from Ch. 38, par. 1005-6-3) | ||||||
11 | Sec. 5-6-3. Conditions of probation and of conditional | ||||||
12 | discharge.
| ||||||
13 | (a) The conditions of probation and of conditional | ||||||
14 | discharge shall be
that the person:
| ||||||
15 | (1) not violate any criminal statute of any | ||||||
16 | jurisdiction;
| ||||||
17 | (2) report to or appear in person before such person | ||||||
18 | or agency as
directed by the court;
| ||||||
19 | (3) refrain from possessing a firearm or other | ||||||
20 | dangerous weapon where the offense is a felony or, if a | ||||||
21 | misdemeanor, the offense involved the intentional or | ||||||
22 | knowing infliction of bodily harm or threat of bodily | ||||||
23 | harm;
| ||||||
24 | (4) not leave the State without the consent of the |
| |||||||
| |||||||
1 | court or, in
circumstances in which the reason for the | ||||||
2 | absence is of such an emergency
nature that prior consent | ||||||
3 | by the court is not possible, without the prior
| ||||||
4 | notification and approval of the person's probation
| ||||||
5 | officer. Transfer of a person's probation or conditional | ||||||
6 | discharge
supervision to another state is subject to | ||||||
7 | acceptance by the other state
pursuant to the Interstate | ||||||
8 | Compact for Adult Offender Supervision;
| ||||||
9 | (5) permit the probation officer to visit
him at his | ||||||
10 | home or elsewhere
to the extent necessary to discharge his | ||||||
11 | duties;
| ||||||
12 | (6) perform no less than 30 hours of community service | ||||||
13 | and not more than
120 hours of community service, if | ||||||
14 | community service is available in the
jurisdiction and is | ||||||
15 | funded and approved by the county board where the offense
| ||||||
16 | was committed, where the offense was related to or in | ||||||
17 | furtherance of the
criminal activities of an organized | ||||||
18 | gang and was motivated by the offender's
membership in or | ||||||
19 | allegiance to an organized gang. The community service | ||||||
20 | shall
include, but not be limited to, the cleanup and | ||||||
21 | repair of any damage caused by
a violation of Section | ||||||
22 | 21-1.3 of the Criminal Code of 1961 or the Criminal Code of | ||||||
23 | 2012 and similar damage
to property located within the | ||||||
24 | municipality or county in which the violation
occurred. | ||||||
25 | When possible and reasonable, the community service should | ||||||
26 | be
performed in the offender's neighborhood. For purposes |
| |||||||
| |||||||
1 | of this Section,
"organized gang" has the meaning ascribed | ||||||
2 | to it in Section 10 of the Illinois
Streetgang Terrorism | ||||||
3 | Omnibus Prevention Act. The court may give credit toward | ||||||
4 | the fulfillment of community service hours for | ||||||
5 | participation in activities and treatment as determined by | ||||||
6 | court services;
| ||||||
7 | (7) if he or she is at least 17 years of age and has | ||||||
8 | been sentenced to
probation or conditional discharge for a | ||||||
9 | misdemeanor or felony in a county of
3,000,000 or more | ||||||
10 | inhabitants and has not been previously convicted of a
| ||||||
11 | misdemeanor or felony, may be required by the sentencing | ||||||
12 | court to attend
educational courses designed to prepare | ||||||
13 | the defendant for a high school diploma
and to work toward | ||||||
14 | a high school diploma or to work toward passing high | ||||||
15 | school equivalency testing or to work toward
completing a | ||||||
16 | vocational training program approved by the court. The | ||||||
17 | person on
probation or conditional discharge must attend a | ||||||
18 | public institution of
education to obtain the educational | ||||||
19 | or vocational training required by this paragraph
(7). The | ||||||
20 | court shall revoke the probation or conditional discharge | ||||||
21 | of a
person who wilfully fails to comply with this | ||||||
22 | paragraph (7). The person on
probation or conditional | ||||||
23 | discharge shall be required to pay for the cost of the
| ||||||
24 | educational courses or high school equivalency testing if | ||||||
25 | a fee is charged for those courses or testing. The court | ||||||
26 | shall resentence the offender whose probation or |
| |||||||
| |||||||
1 | conditional
discharge has been revoked as provided in | ||||||
2 | Section 5-6-4. This paragraph (7) does
not apply to a | ||||||
3 | person who has a high school diploma or has successfully | ||||||
4 | passed high school equivalency testing. This paragraph (7) | ||||||
5 | does not apply to a person who is determined by
the court | ||||||
6 | to be a person with a developmental disability or | ||||||
7 | otherwise mentally incapable of
completing the educational | ||||||
8 | or vocational program;
| ||||||
9 | (8) if convicted of possession of a substance | ||||||
10 | prohibited
by the Cannabis Control Act, the Illinois | ||||||
11 | Controlled Substances Act, or the Methamphetamine Control | ||||||
12 | and Community Protection Act
after a previous conviction | ||||||
13 | or disposition of supervision for possession of a
| ||||||
14 | substance prohibited by the Cannabis Control Act or | ||||||
15 | Illinois Controlled
Substances Act or after a sentence of | ||||||
16 | probation under Section 10 of the
Cannabis
Control Act, | ||||||
17 | Section 410 of the Illinois Controlled Substances Act, or | ||||||
18 | Section 70 of the Methamphetamine Control and Community | ||||||
19 | Protection Act and upon a
finding by the court that the | ||||||
20 | person is addicted, undergo treatment at a
substance abuse | ||||||
21 | program approved by the court;
| ||||||
22 | (8.5) if convicted of a felony sex offense as defined | ||||||
23 | in the Sex
Offender
Management Board Act, the person shall | ||||||
24 | undergo and successfully complete sex
offender treatment | ||||||
25 | by a treatment provider approved by the Board and | ||||||
26 | conducted
in conformance with the standards developed |
| |||||||
| |||||||
1 | under the Sex
Offender Management Board Act;
| ||||||
2 | (8.6) if convicted of a sex offense as defined in the | ||||||
3 | Sex Offender Management Board Act, refrain from residing | ||||||
4 | at the same address or in the same condominium unit or | ||||||
5 | apartment unit or in the same condominium complex or | ||||||
6 | apartment complex with another person he or she knows or | ||||||
7 | reasonably should know is a convicted sex offender or has | ||||||
8 | been placed on supervision for a sex offense; the | ||||||
9 | provisions of this paragraph do not apply to a person | ||||||
10 | convicted of a sex offense who is placed in a Department of | ||||||
11 | Corrections licensed transitional housing facility for sex | ||||||
12 | offenders; | ||||||
13 | (8.7) if convicted for an offense committed on or | ||||||
14 | after June 1, 2008 (the effective date of Public Act | ||||||
15 | 95-464) that would qualify the accused as a child sex | ||||||
16 | offender as defined in Section 11-9.3 or 11-9.4 of the | ||||||
17 | Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
18 | refrain from communicating with or contacting, by means of | ||||||
19 | the Internet, a person who is not related to the accused | ||||||
20 | and whom the accused reasonably believes to be under 18 | ||||||
21 | years of age; for purposes of this paragraph (8.7), | ||||||
22 | "Internet" has the meaning ascribed to it in Section | ||||||
23 | 16-0.1 of the Criminal Code of 2012; and a person is not | ||||||
24 | related to the accused if the person is not: (i) the | ||||||
25 | spouse, brother, or sister of the accused; (ii) a | ||||||
26 | descendant of the accused; (iii) a first or second cousin |
| |||||||
| |||||||
1 | of the accused; or (iv) a step-child or adopted child of | ||||||
2 | the accused; | ||||||
3 | (8.8) if convicted for an offense under Section 11-6, | ||||||
4 | 11-9.1, 11-14.4 that involves soliciting for a juvenile | ||||||
5 | prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21 | ||||||
6 | of the Criminal Code of 1961 or the Criminal Code of 2012, | ||||||
7 | or any attempt to commit any of these offenses, committed | ||||||
8 | on or after June 1, 2009 (the effective date of Public Act | ||||||
9 | 95-983): | ||||||
10 | (i) not access or use a computer or any other | ||||||
11 | device with Internet capability without the prior | ||||||
12 | written approval of the offender's probation officer, | ||||||
13 | except in connection with the offender's employment or | ||||||
14 | search for employment with the prior approval of the | ||||||
15 | offender's probation officer; | ||||||
16 | (ii) submit to periodic unannounced examinations | ||||||
17 | of the offender's computer or any other device with | ||||||
18 | Internet capability by the offender's probation | ||||||
19 | officer, a law enforcement officer, or assigned | ||||||
20 | computer or information technology specialist, | ||||||
21 | including the retrieval and copying of all data from | ||||||
22 | the computer or device and any internal or external | ||||||
23 | peripherals and removal of such information, | ||||||
24 | equipment, or device to conduct a more thorough | ||||||
25 | inspection; | ||||||
26 | (iii) submit to the installation on the offender's |
| |||||||
| |||||||
1 | computer or device with Internet capability, at the | ||||||
2 | offender's expense, of one or more hardware or | ||||||
3 | software systems to monitor the Internet use; and | ||||||
4 | (iv) submit to any other appropriate restrictions | ||||||
5 | concerning the offender's use of or access to a | ||||||
6 | computer or any other device with Internet capability | ||||||
7 | imposed by the offender's probation officer; | ||||||
8 | (8.9) if convicted of a sex offense as defined in the | ||||||
9 | Sex Offender
Registration Act committed on or after | ||||||
10 | January 1, 2010 (the effective date of Public Act 96-262), | ||||||
11 | refrain from accessing or using a social networking | ||||||
12 | website as defined in Section 17-0.5 of the Criminal Code | ||||||
13 | of 2012;
| ||||||
14 | (9) if convicted of a felony or of any misdemeanor | ||||||
15 | violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or | ||||||
16 | 12-3.5 of the Criminal Code of 1961 or the Criminal Code of | ||||||
17 | 2012 that was determined, pursuant to Section 112A-11.1 of | ||||||
18 | the Code of Criminal Procedure of 1963, to trigger the | ||||||
19 | prohibitions of 18 U.S.C. 922(g)(9), the defendant shall | ||||||
20 | physically surrender, at a time and place designated by | ||||||
21 | the court, all firearms in his or her possession to a law | ||||||
22 | enforcement officer designated by the court to take | ||||||
23 | custody of and impound the firearms and physically | ||||||
24 | surrender his or her Firearm Owner's Identification Card | ||||||
25 | to the law enforcement agency as a condition of remaining | ||||||
26 | on bond pending sentencing. A defendant whose Firearm |
| |||||||
| |||||||
1 | Owner's Identification Card has been revoked or suspended | ||||||
2 | may petition the court to transfer the defendant's firearm | ||||||
3 | to a person who is lawfully able to possess the firearm if | ||||||
4 | the person does not reside at the same address as the | ||||||
5 | defendant. Any transfer must be conducted under Section 3 | ||||||
6 | of the Firearm Owners Identification Card Act. The | ||||||
7 | transferee who receives the defendant's firearms must | ||||||
8 | swear or affirm by affidavit that he or she shall not | ||||||
9 | transfer the firearm to the defendant or to anyone | ||||||
10 | residing in the same residence as the defendant, until the | ||||||
11 | defendant's Firearm Owner's Identification Card has been | ||||||
12 | reinstated. The law enforcement agency, upon transfer of | ||||||
13 | the firearms, shall require the defendant to complete a | ||||||
14 | Firearm Disposition Record under Section 9.5 of the | ||||||
15 | Firearm Owner's Identification Card Act and provide a copy | ||||||
16 | to the Illinois State Police along with the defendants | ||||||
17 | Firearm Owner's Identification Card physically surrender | ||||||
18 | at a time and place
designated by the court, his or her | ||||||
19 | Firearm
Owner's Identification Card and
any and all | ||||||
20 | firearms in
his or her possession. The Court shall return | ||||||
21 | to the Department of State Police Firearm Owner's | ||||||
22 | Identification Card Office the person's Firearm Owner's | ||||||
23 | Identification Card ;
| ||||||
24 | (10) if convicted of a sex offense as defined in | ||||||
25 | subsection (a-5) of Section 3-1-2 of this Code, unless the | ||||||
26 | offender is a parent or guardian of the person under 18 |
| |||||||
| |||||||
1 | years of age present in the home and no non-familial | ||||||
2 | minors are present, not participate in a holiday event | ||||||
3 | involving children under 18 years of age, such as | ||||||
4 | distributing candy or other items to children on | ||||||
5 | Halloween, wearing a Santa Claus costume on or preceding | ||||||
6 | Christmas, being employed as a department store Santa | ||||||
7 | Claus, or wearing an Easter Bunny costume on or preceding | ||||||
8 | Easter; | ||||||
9 | (11) if convicted of a sex offense as defined in | ||||||
10 | Section 2 of the Sex Offender Registration Act committed | ||||||
11 | on or after January 1, 2010 (the effective date of Public | ||||||
12 | Act 96-362) that requires the person to register as a sex | ||||||
13 | offender under that Act, may not knowingly use any | ||||||
14 | computer scrub software on any computer that the sex | ||||||
15 | offender uses; | ||||||
16 | (12) if convicted of a violation of the | ||||||
17 | Methamphetamine Control and Community Protection Act, the | ||||||
18 | Methamphetamine
Precursor Control Act, or a | ||||||
19 | methamphetamine related offense: | ||||||
20 | (A) prohibited from purchasing, possessing, or | ||||||
21 | having under his or her control any product containing | ||||||
22 | pseudoephedrine unless prescribed by a physician; and | ||||||
23 | (B) prohibited from purchasing, possessing, or | ||||||
24 | having under his or her control any product containing | ||||||
25 | ammonium nitrate; and | ||||||
26 | (13) if convicted of a hate crime involving the |
| |||||||
| |||||||
1 | protected class identified in subsection (a) of Section | ||||||
2 | 12-7.1 of the Criminal Code of 2012 that gave rise to the | ||||||
3 | offense the offender committed, perform public or | ||||||
4 | community service of no less than 200 hours and enroll in | ||||||
5 | an educational program discouraging hate crimes that | ||||||
6 | includes racial, ethnic, and cultural sensitivity training | ||||||
7 | ordered by the court. | ||||||
8 | (b) The Court may in addition to other reasonable | ||||||
9 | conditions relating to the
nature of the offense or the | ||||||
10 | rehabilitation of the defendant as determined for
each | ||||||
11 | defendant in the proper discretion of the Court require that | ||||||
12 | the person:
| ||||||
13 | (1) serve a term of periodic imprisonment under | ||||||
14 | Article 7 for a
period not to exceed that specified in | ||||||
15 | paragraph (d) of Section 5-7-1;
| ||||||
16 | (2) pay a fine and costs;
| ||||||
17 | (3) work or pursue a course of study or vocational | ||||||
18 | training;
| ||||||
19 | (4) undergo medical, psychological or psychiatric | ||||||
20 | treatment; or treatment
for drug addiction or alcoholism;
| ||||||
21 | (5) attend or reside in a facility established for the | ||||||
22 | instruction
or residence of defendants on probation;
| ||||||
23 | (6) support his dependents;
| ||||||
24 | (7) and in addition, if a minor:
| ||||||
25 | (i) reside with his parents or in a foster home;
| ||||||
26 | (ii) attend school;
|
| |||||||
| |||||||
1 | (iii) attend a non-residential program for youth;
| ||||||
2 | (iv) contribute to his own support at home or in a | ||||||
3 | foster home;
| ||||||
4 | (v) with the consent of the superintendent of the
| ||||||
5 | facility, attend an educational program at a facility | ||||||
6 | other than the school
in which the
offense was | ||||||
7 | committed if he
or she is convicted of a crime of | ||||||
8 | violence as
defined in
Section 2 of the Crime Victims | ||||||
9 | Compensation Act committed in a school, on the
real
| ||||||
10 | property
comprising a school, or within 1,000 feet of | ||||||
11 | the real property comprising a
school;
| ||||||
12 | (8) make restitution as provided in Section 5-5-6 of | ||||||
13 | this Code;
| ||||||
14 | (9) perform some reasonable public or community | ||||||
15 | service;
| ||||||
16 | (10) serve a term of home confinement. In addition to | ||||||
17 | any other
applicable condition of probation or conditional | ||||||
18 | discharge, the
conditions of home confinement shall be | ||||||
19 | that the offender:
| ||||||
20 | (i) remain within the interior premises of the | ||||||
21 | place designated for
his confinement during the hours | ||||||
22 | designated by the court;
| ||||||
23 | (ii) admit any person or agent designated by the | ||||||
24 | court into the
offender's place of confinement at any | ||||||
25 | time for purposes of verifying
the offender's | ||||||
26 | compliance with the conditions of his confinement; and
|
| |||||||
| |||||||
1 | (iii) if further deemed necessary by the court or | ||||||
2 | the
Probation or
Court Services Department, be placed | ||||||
3 | on an approved
electronic monitoring device, subject | ||||||
4 | to Article 8A of Chapter V;
| ||||||
5 | (iv) for persons convicted of any alcohol, | ||||||
6 | cannabis or controlled
substance violation who are | ||||||
7 | placed on an approved monitoring device as a
condition | ||||||
8 | of probation or conditional discharge, the court shall | ||||||
9 | impose a
reasonable fee for each day of the use of the | ||||||
10 | device, as established by the
county board in | ||||||
11 | subsection (g) of this Section, unless after | ||||||
12 | determining the
inability of the offender to pay the | ||||||
13 | fee, the court assesses a lesser fee or no
fee as the | ||||||
14 | case may be. This fee shall be imposed in addition to | ||||||
15 | the fees
imposed under subsections (g) and (i) of this | ||||||
16 | Section. The fee shall be
collected by the clerk of the | ||||||
17 | circuit court, except as provided in an administrative | ||||||
18 | order of the Chief Judge of the circuit court. The | ||||||
19 | clerk of the circuit
court shall pay all monies | ||||||
20 | collected from this fee to the county treasurer
for | ||||||
21 | deposit in the substance abuse services fund under | ||||||
22 | Section 5-1086.1 of
the Counties Code, except as | ||||||
23 | provided in an administrative order of the Chief Judge | ||||||
24 | of the circuit court. | ||||||
25 | The Chief Judge of the circuit court of the county | ||||||
26 | may by administrative order establish a program for |
| |||||||
| |||||||
1 | electronic monitoring of offenders, in which a vendor | ||||||
2 | supplies and monitors the operation of the electronic | ||||||
3 | monitoring device, and collects the fees on behalf of | ||||||
4 | the county. The program shall include provisions for | ||||||
5 | indigent offenders and the collection of unpaid fees. | ||||||
6 | The program shall not unduly burden the offender and | ||||||
7 | shall be subject to review by the Chief Judge. | ||||||
8 | The Chief Judge of the circuit court may suspend | ||||||
9 | any additional charges or fees for late payment, | ||||||
10 | interest, or damage to any device; and
| ||||||
11 | (v) for persons convicted of offenses other than | ||||||
12 | those referenced in
clause (iv) above and who are | ||||||
13 | placed on an approved monitoring device as a
condition | ||||||
14 | of probation or conditional discharge, the court shall | ||||||
15 | impose
a reasonable fee for each day of the use of the | ||||||
16 | device, as established by the
county board in | ||||||
17 | subsection (g) of this Section, unless after | ||||||
18 | determining the
inability of the defendant to pay the | ||||||
19 | fee, the court assesses a lesser fee or
no fee as the | ||||||
20 | case may be. This fee shall be imposed in addition to | ||||||
21 | the fees
imposed under subsections (g) and (i) of this | ||||||
22 | Section. The fee
shall be collected by the clerk of the | ||||||
23 | circuit court, except as provided in an administrative | ||||||
24 | order of the Chief Judge of the circuit court. The | ||||||
25 | clerk of the circuit
court shall pay all monies | ||||||
26 | collected from this fee
to the county treasurer who |
| |||||||
| |||||||
1 | shall use the monies collected to defray the
costs of | ||||||
2 | corrections. The county treasurer shall deposit the | ||||||
3 | fee
collected in the probation and court services | ||||||
4 | fund.
The Chief Judge of the circuit court of the | ||||||
5 | county may by administrative order establish a program | ||||||
6 | for electronic monitoring of offenders, in which a | ||||||
7 | vendor supplies and monitors the operation of the | ||||||
8 | electronic monitoring device, and collects the fees on | ||||||
9 | behalf of the county. The program shall include | ||||||
10 | provisions for indigent offenders and the collection | ||||||
11 | of unpaid fees. The program shall not unduly burden | ||||||
12 | the offender and shall be subject to review by the | ||||||
13 | Chief Judge.
| ||||||
14 | The Chief Judge of the circuit court may suspend | ||||||
15 | any additional charges or fees for late payment, | ||||||
16 | interest, or damage to any device. | ||||||
17 | (11) comply with the terms and conditions of an order | ||||||
18 | of protection issued
by the court pursuant to the Illinois | ||||||
19 | Domestic Violence Act of 1986,
as now or hereafter | ||||||
20 | amended, or an order of protection issued by the court of
| ||||||
21 | another state, tribe, or United States territory. A copy | ||||||
22 | of the order of
protection shall be
transmitted to the | ||||||
23 | probation officer or agency
having responsibility for the | ||||||
24 | case;
| ||||||
25 | (12) reimburse any "local anti-crime program" as | ||||||
26 | defined in Section 7
of the Anti-Crime Advisory Council |
| |||||||
| |||||||
1 | Act for any reasonable expenses incurred
by the program on | ||||||
2 | the offender's case, not to exceed the maximum amount of
| ||||||
3 | the fine authorized for the offense for which the | ||||||
4 | defendant was sentenced;
| ||||||
5 | (13) contribute a reasonable sum of money, not to | ||||||
6 | exceed the maximum
amount of the fine authorized for the
| ||||||
7 | offense for which the defendant was sentenced, (i) to a | ||||||
8 | "local anti-crime
program", as defined in Section 7 of the | ||||||
9 | Anti-Crime Advisory Council Act, or (ii) for offenses | ||||||
10 | under the jurisdiction of the Department of Natural | ||||||
11 | Resources, to the fund established by the Department of | ||||||
12 | Natural Resources for the purchase of evidence for | ||||||
13 | investigation purposes and to conduct investigations as | ||||||
14 | outlined in Section 805-105 of the Department of Natural | ||||||
15 | Resources (Conservation) Law;
| ||||||
16 | (14) refrain from entering into a designated | ||||||
17 | geographic area except upon
such terms as the court finds | ||||||
18 | appropriate. Such terms may include
consideration of the | ||||||
19 | purpose of the entry, the time of day, other persons
| ||||||
20 | accompanying the defendant, and advance approval by a
| ||||||
21 | probation officer, if
the defendant has been placed on | ||||||
22 | probation or advance approval by the
court, if the | ||||||
23 | defendant was placed on conditional discharge;
| ||||||
24 | (15) refrain from having any contact, directly or | ||||||
25 | indirectly, with
certain specified persons or particular | ||||||
26 | types of persons, including but not
limited to members of |
| |||||||
| |||||||
1 | street gangs and drug users or dealers;
| ||||||
2 | (16) refrain from having in his or her body the | ||||||
3 | presence of any illicit
drug prohibited by the Cannabis | ||||||
4 | Control Act, the Illinois Controlled
Substances Act, or | ||||||
5 | the Methamphetamine Control and Community Protection Act, | ||||||
6 | unless prescribed by a physician, and submit samples of
| ||||||
7 | his or her blood or urine or both for tests to determine | ||||||
8 | the presence of any
illicit drug;
| ||||||
9 | (17) if convicted for an offense committed on or after | ||||||
10 | June 1, 2008 (the effective date of Public Act 95-464) | ||||||
11 | that would qualify the accused as a child sex offender as | ||||||
12 | defined in Section 11-9.3 or 11-9.4 of the Criminal Code | ||||||
13 | of 1961 or the Criminal Code of 2012, refrain from | ||||||
14 | communicating with or contacting, by means of the | ||||||
15 | Internet, a person who is related to the accused and whom | ||||||
16 | the accused reasonably believes to be under 18 years of | ||||||
17 | age; for purposes of this paragraph (17), "Internet" has | ||||||
18 | the meaning ascribed to it in Section 16-0.1 of the | ||||||
19 | Criminal Code of 2012; and a person is related to the | ||||||
20 | accused if the person is: (i) the spouse, brother, or | ||||||
21 | sister of the accused; (ii) a descendant of the accused; | ||||||
22 | (iii) a first or second cousin of the accused; or (iv) a | ||||||
23 | step-child or adopted child of the accused; | ||||||
24 | (18) if convicted for an offense committed on or after | ||||||
25 | June 1, 2009 (the effective date of Public Act 95-983) | ||||||
26 | that would qualify as a sex offense as defined in the Sex |
| |||||||
| |||||||
1 | Offender Registration Act: | ||||||
2 | (i) not access or use a computer or any other | ||||||
3 | device with Internet capability without the prior | ||||||
4 | written approval of the offender's probation officer, | ||||||
5 | except in connection with the offender's employment or | ||||||
6 | search for employment with the prior approval of the | ||||||
7 | offender's probation officer; | ||||||
8 | (ii) submit to periodic unannounced examinations | ||||||
9 | of the offender's computer or any other device with | ||||||
10 | Internet capability by the offender's probation | ||||||
11 | officer, a law enforcement officer, or assigned | ||||||
12 | computer or information technology specialist, | ||||||
13 | including the retrieval and copying of all data from | ||||||
14 | the computer or device and any internal or external | ||||||
15 | peripherals and removal of such information, | ||||||
16 | equipment, or device to conduct a more thorough | ||||||
17 | inspection; | ||||||
18 | (iii) submit to the installation on the offender's | ||||||
19 | computer or device with Internet capability, at the | ||||||
20 | subject's expense, of one or more hardware or software | ||||||
21 | systems to monitor the Internet use; and | ||||||
22 | (iv) submit to any other appropriate restrictions | ||||||
23 | concerning the offender's use of or access to a | ||||||
24 | computer or any other device with Internet capability | ||||||
25 | imposed by the offender's probation officer; and | ||||||
26 | (19) refrain from possessing a firearm or other |
| |||||||
| |||||||
1 | dangerous weapon where the offense is a misdemeanor that | ||||||
2 | did not involve the intentional or knowing infliction of | ||||||
3 | bodily harm or threat of bodily harm. | ||||||
4 | (c) The court may as a condition of probation or of | ||||||
5 | conditional
discharge require that a person under 18 years of | ||||||
6 | age found guilty of any
alcohol, cannabis or controlled | ||||||
7 | substance violation, refrain from acquiring
a driver's license | ||||||
8 | during
the period of probation or conditional discharge. If | ||||||
9 | such person
is in possession of a permit or license, the court | ||||||
10 | may require that
the minor refrain from driving or operating | ||||||
11 | any motor vehicle during the
period of probation or | ||||||
12 | conditional discharge, except as may be necessary in
the | ||||||
13 | course of the minor's lawful employment.
| ||||||
14 | (d) An offender sentenced to probation or to conditional | ||||||
15 | discharge
shall be given a certificate setting forth the | ||||||
16 | conditions thereof.
| ||||||
17 | (e) Except where the offender has committed a fourth or | ||||||
18 | subsequent
violation of subsection (c) of Section 6-303 of the | ||||||
19 | Illinois Vehicle Code,
the court shall not require as a | ||||||
20 | condition of the sentence of
probation or conditional | ||||||
21 | discharge that the offender be committed to a
period of | ||||||
22 | imprisonment in excess of 6 months.
This 6-month limit shall | ||||||
23 | not include periods of confinement given pursuant to
a | ||||||
24 | sentence of county impact incarceration under Section 5-8-1.2.
| ||||||
25 | Persons committed to imprisonment as a condition of | ||||||
26 | probation or
conditional discharge shall not be committed to |
| |||||||
| |||||||
1 | the Department of
Corrections.
| ||||||
2 | (f) The court may combine a sentence of periodic | ||||||
3 | imprisonment under
Article 7 or a sentence to a county impact | ||||||
4 | incarceration program under
Article 8 with a sentence of | ||||||
5 | probation or conditional discharge.
| ||||||
6 | (g) An offender sentenced to probation or to conditional | ||||||
7 | discharge and
who during the term of either undergoes | ||||||
8 | mandatory drug or alcohol testing,
or both, or is assigned to | ||||||
9 | be placed on an approved electronic monitoring
device, shall | ||||||
10 | be ordered to pay all costs incidental to such mandatory drug
| ||||||
11 | or alcohol testing, or both, and all costs
incidental to such | ||||||
12 | approved electronic monitoring in accordance with the
| ||||||
13 | defendant's ability to pay those costs. The county board with
| ||||||
14 | the concurrence of the Chief Judge of the judicial
circuit in | ||||||
15 | which the county is located shall establish reasonable fees | ||||||
16 | for
the cost of maintenance, testing, and incidental expenses | ||||||
17 | related to the
mandatory drug or alcohol testing, or both, and | ||||||
18 | all costs incidental to
approved electronic monitoring, | ||||||
19 | involved in a successful probation program
for the county. The | ||||||
20 | concurrence of the Chief Judge shall be in the form of
an | ||||||
21 | administrative order.
The fees shall be collected by the clerk | ||||||
22 | of the circuit court, except as provided in an administrative | ||||||
23 | order of the Chief Judge of the circuit court. The clerk of
the | ||||||
24 | circuit court shall pay all moneys collected from these fees | ||||||
25 | to the county
treasurer who shall use the moneys collected to | ||||||
26 | defray the costs of
drug testing, alcohol testing, and |
| |||||||
| |||||||
1 | electronic monitoring.
The county treasurer shall deposit the | ||||||
2 | fees collected in the
county working cash fund under Section | ||||||
3 | 6-27001 or Section 6-29002 of the
Counties Code, as the case | ||||||
4 | may be.
The Chief Judge of the circuit court of the county may | ||||||
5 | by administrative order establish a program for electronic | ||||||
6 | monitoring of offenders, in which a vendor supplies and | ||||||
7 | monitors the operation of the electronic monitoring device, | ||||||
8 | and collects the fees on behalf of the county. The program | ||||||
9 | shall include provisions for indigent offenders and the | ||||||
10 | collection of unpaid fees. The program shall not unduly burden | ||||||
11 | the offender and shall be subject to review by the Chief Judge.
| ||||||
12 | The Chief Judge of the circuit court may suspend any | ||||||
13 | additional charges or fees for late payment, interest, or | ||||||
14 | damage to any device. | ||||||
15 | (h) Jurisdiction over an offender may be transferred from | ||||||
16 | the
sentencing court to the court of another circuit with the | ||||||
17 | concurrence of
both courts. Further transfers or retransfers | ||||||
18 | of
jurisdiction are also
authorized in the same manner. The | ||||||
19 | court to which jurisdiction has been
transferred shall have | ||||||
20 | the same powers as the sentencing court.
The probation | ||||||
21 | department within the circuit to which jurisdiction has been | ||||||
22 | transferred, or which has agreed to provide supervision, may | ||||||
23 | impose probation fees upon receiving the transferred offender, | ||||||
24 | as provided in subsection (i). For all transfer cases, as | ||||||
25 | defined in Section 9b of the Probation and Probation Officers | ||||||
26 | Act, the probation department from the original sentencing |
| |||||||
| |||||||
1 | court shall retain all probation fees collected prior to the | ||||||
2 | transfer. After the transfer,
all probation fees shall be paid | ||||||
3 | to the probation department within the
circuit to which | ||||||
4 | jurisdiction has been transferred.
| ||||||
5 | (i) The court shall impose upon an offender
sentenced to | ||||||
6 | probation after January 1, 1989 or to conditional discharge
| ||||||
7 | after January 1, 1992 or to community service under the | ||||||
8 | supervision of a
probation or court services department after | ||||||
9 | January 1, 2004, as a condition of such probation or | ||||||
10 | conditional
discharge or supervised community service, a fee | ||||||
11 | of $50
for each month of probation or
conditional
discharge | ||||||
12 | supervision or supervised community service ordered by the | ||||||
13 | court, unless after
determining the inability of the person | ||||||
14 | sentenced to probation or conditional
discharge or supervised | ||||||
15 | community service to pay the
fee, the court assesses a lesser | ||||||
16 | fee. The court may not impose the fee on a
minor who is placed | ||||||
17 | in the guardianship or custody of the Department of Children | ||||||
18 | and Family Services under the Juvenile Court Act of 1987
while | ||||||
19 | the minor is in placement.
The fee shall be imposed only upon
| ||||||
20 | an offender who is actively supervised by the
probation and | ||||||
21 | court services
department. The fee shall be collected by the | ||||||
22 | clerk
of the circuit court. The clerk of the circuit court | ||||||
23 | shall pay all monies
collected from this fee to the county | ||||||
24 | treasurer for deposit in the
probation and court services fund | ||||||
25 | under Section 15.1 of the
Probation and Probation Officers | ||||||
26 | Act.
|
| |||||||
| |||||||
1 | A circuit court may not impose a probation fee under this | ||||||
2 | subsection (i) in excess of $25
per month unless the circuit | ||||||
3 | court has adopted, by administrative
order issued by the chief | ||||||
4 | judge, a standard probation fee guide
determining an | ||||||
5 | offender's ability to pay . Of the
amount collected as a | ||||||
6 | probation fee, up to $5 of that fee
collected per month may be | ||||||
7 | used to provide services to crime victims
and their families. | ||||||
8 | The Court may only waive probation fees based on an | ||||||
9 | offender's ability to pay. The probation department may | ||||||
10 | re-evaluate an offender's ability to pay every 6 months, and, | ||||||
11 | with the approval of the Director of Court Services or the | ||||||
12 | Chief Probation Officer, adjust the monthly fee amount. An | ||||||
13 | offender may elect to pay probation fees due in a lump sum.
Any | ||||||
14 | offender that has been assigned to the supervision of a | ||||||
15 | probation department, or has been transferred either under | ||||||
16 | subsection (h) of this Section or under any interstate | ||||||
17 | compact, shall be required to pay probation fees to the | ||||||
18 | department supervising the offender, based on the offender's | ||||||
19 | ability to pay.
| ||||||
20 | Public Act 93-970 deletes the $10 increase in the fee | ||||||
21 | under this subsection that was imposed by Public Act 93-616. | ||||||
22 | This deletion is intended to control over any other Act of the | ||||||
23 | 93rd General Assembly that retains or incorporates that fee | ||||||
24 | increase. | ||||||
25 | (i-5) In addition to the fees imposed under subsection (i) | ||||||
26 | of this Section, in the case of an offender convicted of a |
| |||||||
| |||||||
1 | felony sex offense (as defined in the Sex Offender Management | ||||||
2 | Board Act) or an offense that the court or probation | ||||||
3 | department has determined to be sexually motivated (as defined | ||||||
4 | in the Sex Offender Management Board Act), the court or the | ||||||
5 | probation department shall assess additional fees to pay for | ||||||
6 | all costs of treatment, assessment, evaluation for risk and | ||||||
7 | treatment, and monitoring the offender, based on that | ||||||
8 | offender's ability to pay those costs either as they occur or | ||||||
9 | under a payment plan. | ||||||
10 | (j) All fines and costs imposed under this Section for any | ||||||
11 | violation of
Chapters 3, 4, 6, and 11 of the Illinois Vehicle | ||||||
12 | Code, or a similar
provision of a local ordinance, and any | ||||||
13 | violation of the Child Passenger
Protection Act, or a similar | ||||||
14 | provision of a local ordinance, shall be
collected and | ||||||
15 | disbursed by the circuit clerk as provided under the Criminal | ||||||
16 | and Traffic Assessment Act.
| ||||||
17 | (k) Any offender who is sentenced to probation or | ||||||
18 | conditional discharge for a felony sex offense as defined in | ||||||
19 | the Sex Offender Management Board Act or any offense that the | ||||||
20 | court or probation department has determined to be sexually | ||||||
21 | motivated as defined in the Sex Offender Management Board Act | ||||||
22 | shall be required to refrain from any contact, directly or | ||||||
23 | indirectly, with any persons specified by the court and shall | ||||||
24 | be available for all evaluations and treatment programs | ||||||
25 | required by the court or the probation department.
| ||||||
26 | (l) The court may order an offender who is sentenced to |
| |||||||
| |||||||
1 | probation or conditional
discharge for a violation of an order | ||||||
2 | of protection be placed under electronic surveillance as | ||||||
3 | provided in Section 5-8A-7 of this Code. | ||||||
4 | (Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16; | ||||||
5 | 100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff. | ||||||
6 | 1-8-18; 100-987, eff. 7-1-19; revised 7-12-19.) |