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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Freedom of Information Act is amended by | |||||||||||||||||||||||||||||||
5 | changing Section 7.5 as follows:
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6 | (5 ILCS 140/7.5)
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7 | Sec. 7.5. Statutory exemptions. To the extent provided for | |||||||||||||||||||||||||||||||
8 | by the statutes referenced below, the following shall be | |||||||||||||||||||||||||||||||
9 | exempt from inspection and copying: | |||||||||||||||||||||||||||||||
10 | (a) All information determined to be confidential | |||||||||||||||||||||||||||||||
11 | under Section 4002 of the Technology Advancement and | |||||||||||||||||||||||||||||||
12 | Development Act. | |||||||||||||||||||||||||||||||
13 | (b) Library circulation and order records identifying | |||||||||||||||||||||||||||||||
14 | library users with specific materials under the Library | |||||||||||||||||||||||||||||||
15 | Records Confidentiality Act. | |||||||||||||||||||||||||||||||
16 | (c) Applications, related documents, and medical | |||||||||||||||||||||||||||||||
17 | records received by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||||
18 | Procedures Board and any and all documents or other | |||||||||||||||||||||||||||||||
19 | records prepared by the Experimental Organ Transplantation | |||||||||||||||||||||||||||||||
20 | Procedures Board or its staff relating to applications it | |||||||||||||||||||||||||||||||
21 | has received. | |||||||||||||||||||||||||||||||
22 | (d) Information and records held by the Department of | |||||||||||||||||||||||||||||||
23 | Public Health and its authorized representatives relating |
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1 | to known or suspected cases of sexually transmissible | ||||||
2 | disease or any information the disclosure of which is | ||||||
3 | restricted under the Illinois Sexually Transmissible | ||||||
4 | Disease Control Act. | ||||||
5 | (e) Information the disclosure of which is exempted | ||||||
6 | under Section 30 of the Radon Industry Licensing Act. | ||||||
7 | (f) Firm performance evaluations under Section 55 of | ||||||
8 | the Architectural, Engineering, and Land Surveying | ||||||
9 | Qualifications Based Selection Act. | ||||||
10 | (g) Information the disclosure of which is restricted | ||||||
11 | and exempted under Section 50 of the Illinois Prepaid | ||||||
12 | Tuition Act. | ||||||
13 | (h) Information the disclosure of which is exempted | ||||||
14 | under the State Officials and Employees Ethics Act, and | ||||||
15 | records of any lawfully created State or local inspector | ||||||
16 | general's office that would be exempt if created or | ||||||
17 | obtained by an Executive Inspector General's office under | ||||||
18 | that Act. | ||||||
19 | (i) Information contained in a local emergency energy | ||||||
20 | plan submitted to a municipality in accordance with a | ||||||
21 | local emergency energy plan ordinance that is adopted | ||||||
22 | under Section 11-21.5-5 of the Illinois Municipal Code. | ||||||
23 | (j) Information and data concerning the distribution | ||||||
24 | of surcharge moneys collected and remitted by carriers | ||||||
25 | under the Emergency Telephone System Act. | ||||||
26 | (k) Law enforcement officer identification information |
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1 | or driver identification information compiled by a law | ||||||
2 | enforcement agency or the Department of Transportation | ||||||
3 | under Section 11-212 of the Illinois Vehicle Code. | ||||||
4 | (l) Records and information provided to a residential | ||||||
5 | health care facility resident sexual assault and death | ||||||
6 | review team or the Executive Council under the Abuse | ||||||
7 | Prevention Review Team Act. | ||||||
8 | (m) Information provided to the predatory lending | ||||||
9 | database created pursuant to Article 3 of the Residential | ||||||
10 | Real Property Disclosure Act, except to the extent | ||||||
11 | authorized under that Article. | ||||||
12 | (n) Defense budgets and petitions for certification of | ||||||
13 | compensation and expenses for court appointed trial | ||||||
14 | counsel as provided under Sections 10 and 15 of the | ||||||
15 | Capital Crimes Litigation Act. This subsection (n) shall | ||||||
16 | apply until the conclusion of the trial of the case, even | ||||||
17 | if the prosecution chooses not to pursue the death penalty | ||||||
18 | prior to trial or sentencing. | ||||||
19 | (o) Information that is prohibited from being | ||||||
20 | disclosed under Section 4 of the Illinois Health and | ||||||
21 | Hazardous Substances Registry Act. | ||||||
22 | (p) Security portions of system safety program plans, | ||||||
23 | investigation reports, surveys, schedules, lists, data, or | ||||||
24 | information compiled, collected, or prepared by or for the | ||||||
25 | Department of Transportation under Sections 2705-300 and | ||||||
26 | 2705-616 of the Department of Transportation Law of the |
| |||||||
| |||||||
1 | Civil Administrative Code of Illinois, the Regional | ||||||
2 | Transportation Authority under Section 2.11 of the | ||||||
3 | Regional Transportation Authority Act, or the St. Clair | ||||||
4 | County Transit District under the Bi-State Transit Safety | ||||||
5 | Act. | ||||||
6 | (q) Information prohibited from being disclosed by the | ||||||
7 | Personnel Record Review Act. | ||||||
8 | (r) Information prohibited from being disclosed by the | ||||||
9 | Illinois School Student Records Act. | ||||||
10 | (s) Information the disclosure of which is restricted | ||||||
11 | under Section 5-108 of the Public Utilities Act.
| ||||||
12 | (t) All identified or deidentified health information | ||||||
13 | in the form of health data or medical records contained | ||||||
14 | in, stored in, submitted to, transferred by, or released | ||||||
15 | from the Illinois Health Information Exchange, and | ||||||
16 | identified or deidentified health information in the form | ||||||
17 | of health data and medical records of the Illinois Health | ||||||
18 | Information Exchange in the possession of the Illinois | ||||||
19 | Health Information Exchange Office due to its | ||||||
20 | administration of the Illinois Health Information | ||||||
21 | Exchange. The terms "identified" and "deidentified" shall | ||||||
22 | be given the same meaning as in the Health Insurance | ||||||
23 | Portability and Accountability Act of 1996, Public Law | ||||||
24 | 104-191, or any subsequent amendments thereto, and any | ||||||
25 | regulations promulgated thereunder. | ||||||
26 | (u) Records and information provided to an independent |
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1 | team of experts under the Developmental Disability and | ||||||
2 | Mental Health Safety Act (also known as Brian's Law). | ||||||
3 | (v) Names and information of people who have applied | ||||||
4 | for or received Firearm Owner's Identification Cards under | ||||||
5 | the Firearm Owners Identification Card Act or applied for | ||||||
6 | or received a concealed carry license under the Firearm | ||||||
7 | Concealed Carry Act, unless otherwise authorized by the | ||||||
8 | Firearm Concealed Carry Act; and databases under the | ||||||
9 | Firearm Concealed Carry Act, records of the Concealed | ||||||
10 | Carry Licensing Review Board under the Firearm Concealed | ||||||
11 | Carry Act, and law enforcement agency objections under the | ||||||
12 | Firearm Concealed Carry Act. | ||||||
13 | (v-5) Records of the Firearm Owner's Identification | ||||||
14 | Card Review Board that are exempted from disclosure under | ||||||
15 | Section 10 of the Firearm Owners Identification Card Act. | ||||||
16 | (w) Personally identifiable information which is | ||||||
17 | exempted from disclosure under subsection (g) of Section | ||||||
18 | 19.1 of the Toll Highway Act. | ||||||
19 | (x) Information which is exempted from disclosure | ||||||
20 | under Section 5-1014.3 of the Counties Code or Section | ||||||
21 | 8-11-21 of the Illinois Municipal Code. | ||||||
22 | (y) Confidential information under the Adult | ||||||
23 | Protective Services Act and its predecessor enabling | ||||||
24 | statute, the Elder Abuse and Neglect Act, including | ||||||
25 | information about the identity and administrative finding | ||||||
26 | against any caregiver of a verified and substantiated |
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1 | decision of abuse, neglect, or financial exploitation of | ||||||
2 | an eligible adult maintained in the Registry established | ||||||
3 | under Section 7.5 of the Adult Protective Services Act. | ||||||
4 | (z) Records and information provided to a fatality | ||||||
5 | review team or the Illinois Fatality Review Team Advisory | ||||||
6 | Council under Section 15 of the Adult Protective Services | ||||||
7 | Act. | ||||||
8 | (aa) Information which is exempted from disclosure | ||||||
9 | under Section 2.37 of the Wildlife Code. | ||||||
10 | (bb) Information which is or was prohibited from | ||||||
11 | disclosure by the Juvenile Court Act of 1987. | ||||||
12 | (cc) Recordings made under the Law Enforcement | ||||||
13 | Officer-Worn Body Camera Act, except to the extent | ||||||
14 | authorized under that Act. | ||||||
15 | (dd) Information that is prohibited from being | ||||||
16 | disclosed under Section 45 of the Condominium and Common | ||||||
17 | Interest Community Ombudsperson Act. | ||||||
18 | (ee) Information that is exempted from disclosure | ||||||
19 | under Section 30.1 of the Pharmacy Practice Act. | ||||||
20 | (ff) Information that is exempted from disclosure | ||||||
21 | under the Revised Uniform Unclaimed Property Act. | ||||||
22 | (gg) Information that is prohibited from being | ||||||
23 | disclosed under Section 7-603.5 of the Illinois Vehicle | ||||||
24 | Code. | ||||||
25 | (hh) Records that are exempt from disclosure under | ||||||
26 | Section 1A-16.7 of the Election Code. |
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1 | (ii) Information which is exempted from disclosure | ||||||
2 | under Section 2505-800 of the Department of Revenue Law of | ||||||
3 | the Civil Administrative Code of Illinois. | ||||||
4 | (jj) Information and reports that are required to be | ||||||
5 | submitted to the Department of Labor by registering day | ||||||
6 | and temporary labor service agencies but are exempt from | ||||||
7 | disclosure under subsection (a-1) of Section 45 of the Day | ||||||
8 | and Temporary Labor Services Act. | ||||||
9 | (kk) Information prohibited from disclosure under the | ||||||
10 | Seizure and Forfeiture Reporting Act. | ||||||
11 | (ll) Information the disclosure of which is restricted | ||||||
12 | and exempted under Section 5-30.8 of the Illinois Public | ||||||
13 | Aid Code. | ||||||
14 | (mm) Records that are exempt from disclosure under | ||||||
15 | Section 4.2 of the Crime Victims Compensation Act. | ||||||
16 | (nn) Information that is exempt from disclosure under | ||||||
17 | Section 70 of the Higher Education Student Assistance Act. | ||||||
18 | (oo) Communications, notes, records, and reports | ||||||
19 | arising out of a peer support counseling session | ||||||
20 | prohibited from disclosure under the First Responders | ||||||
21 | Suicide Prevention Act. | ||||||
22 | (pp) Names and all identifying information relating to | ||||||
23 | an employee of an emergency services provider or law | ||||||
24 | enforcement agency under the First Responders Suicide | ||||||
25 | Prevention Act. | ||||||
26 | (qq) Information and records held by the Department of |
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1 | Public Health and its authorized representatives collected | ||||||
2 | under the Reproductive Health Act. | ||||||
3 | (rr) Information that is exempt from disclosure under | ||||||
4 | the Cannabis Regulation and Tax Act. | ||||||
5 | (ss) Data reported by an employer to the Department of | ||||||
6 | Human Rights pursuant to Section 2-108 of the Illinois | ||||||
7 | Human Rights Act. | ||||||
8 | (tt) Recordings made under the Children's Advocacy | ||||||
9 | Center Act, except to the extent authorized under that | ||||||
10 | Act. | ||||||
11 | (uu) Information that is exempt from disclosure under | ||||||
12 | Section 50 of the Sexual Assault Evidence Submission Act. | ||||||
13 | (vv) Information that is exempt from disclosure under | ||||||
14 | subsections (f) and (j) of Section 5-36 of the Illinois | ||||||
15 | Public Aid Code. | ||||||
16 | (ww) Information that is exempt from disclosure under | ||||||
17 | Section 16.8 of the State Treasurer Act. | ||||||
18 | (xx) Information that is exempt from disclosure or | ||||||
19 | information that shall not be made public under the | ||||||
20 | Illinois Insurance Code. | ||||||
21 | (yy) Information prohibited from being disclosed under | ||||||
22 | the Illinois Educational Labor Relations Act. | ||||||
23 | (zz) Information prohibited from being disclosed under | ||||||
24 | the Illinois Public Labor Relations Act. | ||||||
25 | (aaa) Information prohibited from being disclosed | ||||||
26 | under Section 1-167 of the Illinois Pension Code. |
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1 | (bbb) Information that is prohibited from disclosure | ||||||
2 | by the Illinois Police Training Act and the Illinois State | ||||||
3 | Police Act. | ||||||
4 | (ccc) Records exempt from disclosure under Section
| ||||||
5 | 2605-304 of the Illinois State Police Law of the Civil
| ||||||
6 | Administrative Code of Illinois. | ||||||
7 | (ddd) Information prohibited from being disclosed | ||||||
8 | under Section 35 of the Address Confidentiality for | ||||||
9 | Victims of Domestic Violence, Sexual Assault, Human | ||||||
10 | Trafficking, or Stalking Act. | ||||||
11 | (eee) Information prohibited from being disclosed | ||||||
12 | under subsection (b) of Section 75 of the Domestic | ||||||
13 | Violence Fatality Review Act. | ||||||
14 | (fff) Images from cameras under the Expressway Camera | ||||||
15 | Act. This subsection (fff) is inoperative on and after | ||||||
16 | July 1, 2023. | ||||||
17 | (ggg) Information prohibited from disclosure under | ||||||
18 | paragraph (3) of subsection (a) of Section 14 of the Nurse | ||||||
19 | Agency Licensing Act. | ||||||
20 | (hhh) Information submitted to the Department of State | ||||||
21 | Police in an affidavit or application for an assault | ||||||
22 | weapon endorsement, assault weapon attachment endorsement, | ||||||
23 | .50 caliber rifle endorsement, or .50 caliber cartridge | ||||||
24 | endorsement under the Firearm Owners Identification Card | ||||||
25 | Act. | ||||||
26 | (Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19; |
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| |||||||
1 | 101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff. | ||||||
2 | 1-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452, | ||||||
3 | eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19; | ||||||
4 | 101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff. | ||||||
5 | 1-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237, | ||||||
6 | eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21; | ||||||
7 | 102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff. | ||||||
8 | 7-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.) | ||||||
9 | Section 10. The Firearm Owners Identification Card Act is | ||||||
10 | amended by changing Section 8 and by adding Section 8.6 as | ||||||
11 | follows:
| ||||||
12 | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
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13 | Sec. 8. Grounds for denial and revocation. The Illinois | ||||||
14 | State Police has authority to deny an
application for or to | ||||||
15 | revoke and seize a Firearm Owner's Identification
Card | ||||||
16 | previously issued under this Act only if the Illinois State | ||||||
17 | Police finds that the
applicant or the person to whom such card | ||||||
18 | was issued is or was at the time
of issuance:
| ||||||
19 | (a) A person under 21 years of age who has been | ||||||
20 | convicted of a
misdemeanor other than a traffic offense or | ||||||
21 | adjudged delinquent;
| ||||||
22 | (b) This subsection (b) applies through the 180th day | ||||||
23 | following July 12, 2019 (the effective date of Public Act | ||||||
24 | 101-80). A person under 21 years of age who does not have |
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1 | the written consent
of his parent or guardian to acquire | ||||||
2 | and possess firearms and firearm
ammunition, or whose | ||||||
3 | parent or guardian has revoked such written consent,
or | ||||||
4 | where such parent or guardian does not qualify to have a | ||||||
5 | Firearm Owner's
Identification Card; | ||||||
6 | (b-5) This subsection (b-5) applies on and after the | ||||||
7 | 181st day following July 12, 2019 (the effective date of | ||||||
8 | Public Act 101-80). A person under 21 years of age who is | ||||||
9 | not an active duty member of the United States Armed | ||||||
10 | Forces or the Illinois National Guard and does not have | ||||||
11 | the written consent
of his or her parent or guardian to | ||||||
12 | acquire and possess firearms and firearm
ammunition, or | ||||||
13 | whose parent or guardian has revoked such written consent,
| ||||||
14 | or where such parent or guardian does not qualify to have a | ||||||
15 | Firearm Owner's
Identification Card;
| ||||||
16 | (c) A person convicted of a felony under the laws of | ||||||
17 | this or any other
jurisdiction;
| ||||||
18 | (d) A person addicted to narcotics;
| ||||||
19 | (e) A person who has been a patient of a mental health | ||||||
20 | facility within the
past 5 years or a person who has been a | ||||||
21 | patient in a mental health facility more than 5 years ago | ||||||
22 | who has not received the certification required under | ||||||
23 | subsection (u) of this Section. An active law enforcement | ||||||
24 | officer employed by a unit of government or a Department | ||||||
25 | of Corrections employee authorized to possess firearms who | ||||||
26 | is denied, revoked, or has his or her Firearm Owner's |
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1 | Identification Card seized under this subsection (e) may | ||||||
2 | obtain relief as described in subsection (c-5) of Section | ||||||
3 | 10 of this Act if the officer or employee did not act in a | ||||||
4 | manner threatening to the officer or employee, another | ||||||
5 | person, or the public as determined by the treating | ||||||
6 | clinical psychologist or physician, and the officer or | ||||||
7 | employee seeks mental health treatment;
| ||||||
8 | (f) A person whose mental condition is of such a | ||||||
9 | nature that it poses
a clear and present danger to the | ||||||
10 | applicant, any other person or persons, or
the community;
| ||||||
11 | (g) A person who has an intellectual disability;
| ||||||
12 | (h) A person who intentionally makes a false statement | ||||||
13 | in the Firearm
Owner's Identification Card application or | ||||||
14 | endorsement affidavit ;
| ||||||
15 | (i) A noncitizen who is unlawfully present in
the | ||||||
16 | United States under the laws of the United States;
| ||||||
17 | (i-5) A noncitizen who has been admitted to the United | ||||||
18 | States under a
non-immigrant visa (as that term is defined | ||||||
19 | in Section 101(a)(26) of the
Immigration and Nationality | ||||||
20 | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | ||||||
21 | (i-5) does not apply to any noncitizen who has been | ||||||
22 | lawfully admitted to
the United States under a | ||||||
23 | non-immigrant visa if that noncitizen is:
| ||||||
24 | (1) admitted to the United States for lawful | ||||||
25 | hunting or sporting purposes;
| ||||||
26 | (2) an official representative of a foreign |
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1 | government who is:
| ||||||
2 | (A) accredited to the United States Government | ||||||
3 | or the Government's
mission to an international | ||||||
4 | organization having its headquarters in the United
| ||||||
5 | States; or
| ||||||
6 | (B) en route to or from another country to | ||||||
7 | which that noncitizen is
accredited;
| ||||||
8 | (3) an official of a foreign government or | ||||||
9 | distinguished foreign visitor
who has been so | ||||||
10 | designated by the Department of State;
| ||||||
11 | (4) a foreign law enforcement officer of a | ||||||
12 | friendly foreign government
entering the United States | ||||||
13 | on official business; or
| ||||||
14 | (5) one who has received a waiver from the | ||||||
15 | Attorney General of the United
States pursuant to 18 | ||||||
16 | U.S.C. 922(y)(3);
| ||||||
17 | (j) (Blank);
| ||||||
18 | (k) A person who has been convicted within the past 5 | ||||||
19 | years of battery,
assault, aggravated assault, violation | ||||||
20 | of an order of protection, or a
substantially similar | ||||||
21 | offense in another jurisdiction, in which a firearm was
| ||||||
22 | used or possessed;
| ||||||
23 | (l) A person who has been convicted of domestic | ||||||
24 | battery, aggravated domestic battery, or a substantially
| ||||||
25 | similar offense in another jurisdiction committed before, | ||||||
26 | on or after January 1, 2012 (the effective date of Public |
| |||||||
| |||||||
1 | Act 97-158). If the applicant or person who has been | ||||||
2 | previously issued a Firearm Owner's Identification Card | ||||||
3 | under this Act knowingly and intelligently waives the | ||||||
4 | right to have an offense described in this paragraph (l) | ||||||
5 | tried by a jury, and by guilty plea or otherwise, results | ||||||
6 | in a conviction for an offense in which a domestic | ||||||
7 | relationship is not a required element of the offense but | ||||||
8 | in which a determination of the applicability of 18 U.S.C. | ||||||
9 | 922(g)(9) is made under Section 112A-11.1 of the Code of | ||||||
10 | Criminal Procedure of 1963, an entry by the court of a | ||||||
11 | judgment of conviction for that offense shall be grounds | ||||||
12 | for denying an application for and for revoking and | ||||||
13 | seizing a Firearm Owner's Identification Card previously | ||||||
14 | issued to the person under this Act;
| ||||||
15 | (m) (Blank);
| ||||||
16 | (n) A person who is prohibited from acquiring or | ||||||
17 | possessing
firearms or firearm ammunition by any Illinois | ||||||
18 | State statute or by federal
law;
| ||||||
19 | (o) A minor subject to a petition filed under Section | ||||||
20 | 5-520 of the
Juvenile Court Act of 1987 alleging that the | ||||||
21 | minor is a delinquent minor for
the commission of an | ||||||
22 | offense that if committed by an adult would be a felony;
| ||||||
23 | (p) An adult who had been adjudicated a delinquent | ||||||
24 | minor under the Juvenile
Court Act of 1987 for the | ||||||
25 | commission of an offense that if committed by an
adult | ||||||
26 | would be a felony;
|
| |||||||
| |||||||
1 | (q) A person who is not a resident of the State of | ||||||
2 | Illinois, except as provided in subsection (a-10) of | ||||||
3 | Section 4; | ||||||
4 | (r) A person who has been adjudicated as a person with | ||||||
5 | a mental disability; | ||||||
6 | (s) A person who has been found to have a | ||||||
7 | developmental disability; | ||||||
8 | (t) A person involuntarily admitted into a mental | ||||||
9 | health facility; or | ||||||
10 | (u) A person who has had his or her Firearm Owner's | ||||||
11 | Identification Card revoked or denied under subsection (e) | ||||||
12 | of this Section or item (iv) of paragraph (2) of | ||||||
13 | subsection (a) of Section 4 of this Act because he or she | ||||||
14 | was a patient in a mental health facility as provided in | ||||||
15 | subsection (e) of this Section, shall not be permitted to | ||||||
16 | obtain a Firearm Owner's Identification Card, after the | ||||||
17 | 5-year period has lapsed, unless he or she has received a | ||||||
18 | mental health evaluation by a physician, clinical | ||||||
19 | psychologist, or qualified examiner as those terms are | ||||||
20 | defined in the Mental Health and Developmental | ||||||
21 | Disabilities Code, and has received a certification that | ||||||
22 | he or she is not a clear and present danger to himself, | ||||||
23 | herself, or others. The physician, clinical psychologist, | ||||||
24 | or qualified examiner making the certification and his or | ||||||
25 | her employer shall not be held criminally, civilly, or | ||||||
26 | professionally liable for making or not making the |
| |||||||
| |||||||
1 | certification required under this subsection, except for | ||||||
2 | willful or wanton misconduct. This subsection does not | ||||||
3 | apply to a person whose firearm possession rights have | ||||||
4 | been restored through administrative or judicial action | ||||||
5 | under Section 10 or 11 of this Act. | ||||||
6 | Upon revocation of a person's Firearm Owner's | ||||||
7 | Identification Card, the Illinois State Police shall provide | ||||||
8 | notice to the person and the person shall comply with Section | ||||||
9 | 9.5 of this Act. | ||||||
10 | (Source: P.A. 101-80, eff. 7-12-19; 102-538, eff. 8-20-21; | ||||||
11 | 102-645, eff. 1-1-22; 102-813, eff. 5-13-22; 102-1030, eff. | ||||||
12 | 5-27-22; 102-1116, eff. 1-10-23.)
| ||||||
13 | (430 ILCS 65/8.6 new) | ||||||
14 | Sec. 8.6. Firearm registry; prohibited. This State, | ||||||
15 | including the Illinois State Police, shall not establish or | ||||||
16 | maintain a registry that contains information about the | ||||||
17 | purchase of a firearm or the purchaser's personal identifying | ||||||
18 | information. | ||||||
19 | (430 ILCS 65/4.1 rep.) | ||||||
20 | Section 15. The Firearm Owners Identification Card Act is | ||||||
21 | amended by repealing Section 4.1. | ||||||
22 | Section 20. The Criminal Code of 2012 is amended by | ||||||
23 | changing Section 24-1 as follows:
|
| |||||||
| |||||||
1 | (720 ILCS 5/24-1) (from Ch. 38, par. 24-1)
| ||||||
2 | Sec. 24-1. Unlawful use of weapons.
| ||||||
3 | (a) A person commits the offense of unlawful use of | ||||||
4 | weapons when
he knowingly:
| ||||||
5 | (1) Sells, manufactures, purchases, possesses or | ||||||
6 | carries any bludgeon,
black-jack, slung-shot, sand-club, | ||||||
7 | sand-bag, metal knuckles or other knuckle weapon | ||||||
8 | regardless of its composition, throwing star,
or any | ||||||
9 | knife, commonly referred to as a switchblade knife, which | ||||||
10 | has a
blade that opens automatically by hand pressure | ||||||
11 | applied to a button,
spring or other device in the handle | ||||||
12 | of the knife, or a ballistic knife,
which is a device that | ||||||
13 | propels a knifelike blade as a projectile by means
of a | ||||||
14 | coil spring, elastic material or compressed gas; or
| ||||||
15 | (2) Carries or possesses with intent to use the same | ||||||
16 | unlawfully
against another, a dagger, dirk, billy, | ||||||
17 | dangerous knife, razor,
stiletto, broken bottle or other | ||||||
18 | piece of glass, stun gun or taser or
any other dangerous or | ||||||
19 | deadly weapon or instrument of like character; or
| ||||||
20 | (2.5) Carries or possesses with intent to use the same | ||||||
21 | unlawfully against another, any firearm in a church, | ||||||
22 | synagogue, mosque, or other building, structure, or place | ||||||
23 | used for religious worship; or | ||||||
24 | (3) Carries on or about his person or in any vehicle, a | ||||||
25 | tear gas gun
projector or bomb or any object containing |
| |||||||
| |||||||
1 | noxious liquid gas or
substance, other than an object | ||||||
2 | containing a non-lethal noxious liquid gas
or substance | ||||||
3 | designed solely for personal defense carried by a person | ||||||
4 | 18
years of age or older; or
| ||||||
5 | (4) Carries or possesses in any vehicle or concealed | ||||||
6 | on or about his
person except when on his land or in his | ||||||
7 | own abode, legal dwelling, or fixed place of
business, or | ||||||
8 | on the land or in the legal dwelling of another person as | ||||||
9 | an invitee with that person's permission, any pistol, | ||||||
10 | revolver, stun gun or taser or other firearm, except
that
| ||||||
11 | this subsection (a) (4) does not apply to or affect | ||||||
12 | transportation of weapons
that meet one of the following | ||||||
13 | conditions:
| ||||||
14 | (i) are broken down in a non-functioning state; or
| ||||||
15 | (ii) are not immediately accessible; or
| ||||||
16 | (iii) are unloaded and enclosed in a case, firearm | ||||||
17 | carrying box,
shipping box, or other container by a | ||||||
18 | person who has been issued a currently
valid Firearm | ||||||
19 | Owner's
Identification Card; or | ||||||
20 | (iv) are carried or possessed in accordance with | ||||||
21 | the Firearm Concealed Carry Act by a person who has | ||||||
22 | been issued a currently valid license under the | ||||||
23 | Firearm Concealed Carry Act; or
| ||||||
24 | (5) Sets a spring gun; or
| ||||||
25 | (6) Possesses any device or attachment of any kind | ||||||
26 | designed, used or
intended for use in silencing the report |
| |||||||
| |||||||
1 | of any firearm; or
| ||||||
2 | (7) Sells, manufactures, purchases, possesses or | ||||||
3 | carries:
| ||||||
4 | (i) a machine gun, which shall be defined for the | ||||||
5 | purposes of this
subsection as any weapon,
which | ||||||
6 | shoots, is designed to shoot, or can be readily | ||||||
7 | restored to shoot,
automatically more than one shot | ||||||
8 | without manually reloading by a single
function of the | ||||||
9 | trigger, including the frame or receiver
of any such | ||||||
10 | weapon, or sells, manufactures, purchases, possesses, | ||||||
11 | or
carries any combination of parts designed or | ||||||
12 | intended for
use in converting any weapon into a | ||||||
13 | machine gun, or any combination or
parts from which a | ||||||
14 | machine gun can be assembled if such parts are in the
| ||||||
15 | possession or under the control of a person;
| ||||||
16 | (ii) any rifle having one or
more barrels less | ||||||
17 | than 16 inches in length or a shotgun having one or | ||||||
18 | more
barrels less than 18 inches in length or any | ||||||
19 | weapon made from a rifle or
shotgun, whether by | ||||||
20 | alteration, modification, or otherwise, if such a | ||||||
21 | weapon
as modified has an overall length of less than | ||||||
22 | 26 inches; or
| ||||||
23 | (iii) any
bomb, bomb-shell, grenade, bottle or | ||||||
24 | other container containing an
explosive substance of | ||||||
25 | over one-quarter ounce for like purposes, such
as, but | ||||||
26 | not limited to, black powder bombs and Molotov |
| |||||||
| |||||||
1 | cocktails or
artillery projectiles; or
| ||||||
2 | (8) Carries or possesses any firearm, stun gun or | ||||||
3 | taser or other
deadly weapon in any place which is | ||||||
4 | licensed to sell intoxicating
beverages, or at any public | ||||||
5 | gathering held pursuant to a license issued
by any | ||||||
6 | governmental body or any public gathering at which an | ||||||
7 | admission
is charged, excluding a place where a showing, | ||||||
8 | demonstration or lecture
involving the exhibition of | ||||||
9 | unloaded firearms is conducted.
| ||||||
10 | This subsection (a)(8) does not apply to any auction | ||||||
11 | or raffle of a firearm
held pursuant to
a license or permit | ||||||
12 | issued by a governmental body, nor does it apply to | ||||||
13 | persons
engaged
in firearm safety training courses; or
| ||||||
14 | (9) Carries or possesses in a vehicle or on or about | ||||||
15 | his or her person any
pistol, revolver, stun gun or taser | ||||||
16 | or firearm or ballistic knife, when
he or she is hooded, | ||||||
17 | robed or masked in such manner as to conceal his or her | ||||||
18 | identity; or
| ||||||
19 | (10) Carries or possesses on or about his or her | ||||||
20 | person, upon any public street,
alley, or other public | ||||||
21 | lands within the corporate limits of a city, village,
or | ||||||
22 | incorporated town, except when an invitee thereon or | ||||||
23 | therein, for the
purpose of the display of such weapon or | ||||||
24 | the lawful commerce in weapons, or
except when on his land | ||||||
25 | or in his or her own abode, legal dwelling, or fixed place | ||||||
26 | of business, or on the land or in the legal dwelling of |
| |||||||
| |||||||
1 | another person as an invitee with that person's | ||||||
2 | permission, any
pistol, revolver, stun gun, or taser or | ||||||
3 | other firearm, except that this
subsection (a) (10) does | ||||||
4 | not apply to or affect transportation of weapons that
meet | ||||||
5 | one of the following conditions:
| ||||||
6 | (i) are broken down in a non-functioning state; or
| ||||||
7 | (ii) are not immediately accessible; or
| ||||||
8 | (iii) are unloaded and enclosed in a case, firearm | ||||||
9 | carrying box,
shipping box, or other container by a | ||||||
10 | person who has been issued a currently
valid Firearm | ||||||
11 | Owner's
Identification Card; or
| ||||||
12 | (iv) are carried or possessed in accordance with | ||||||
13 | the Firearm Concealed Carry Act by a person who has | ||||||
14 | been issued a currently valid license under the | ||||||
15 | Firearm Concealed Carry Act. | ||||||
16 | A "stun gun or taser", as used in this paragraph (a) | ||||||
17 | means (i) any device
which is powered by electrical | ||||||
18 | charging units, such as, batteries, and
which fires one or | ||||||
19 | several barbs attached to a length of wire and
which, upon | ||||||
20 | hitting a human, can send out a current capable of | ||||||
21 | disrupting
the person's nervous system in such a manner as | ||||||
22 | to render him incapable of
normal functioning or (ii) any | ||||||
23 | device which is powered by electrical
charging units, such | ||||||
24 | as batteries, and which, upon contact with a human or
| ||||||
25 | clothing worn by a human, can send out current capable of | ||||||
26 | disrupting
the person's nervous system in such a manner as |
| |||||||
| |||||||
1 | to render him incapable
of normal functioning; or
| ||||||
2 | (11) Sells, manufactures, delivers, imports, | ||||||
3 | possesses, or purchases any assault weapon attachment or | ||||||
4 | .50 caliber cartridge in violation of Section 24-1.9 or | ||||||
5 | any explosive bullet. For purposes
of this paragraph (a) | ||||||
6 | "explosive bullet" means the projectile portion of
an | ||||||
7 | ammunition cartridge which contains or carries an | ||||||
8 | explosive charge which
will explode upon contact with the | ||||||
9 | flesh of a human or an animal.
"Cartridge" means a tubular | ||||||
10 | metal case having a projectile affixed at the
front | ||||||
11 | thereof and a cap or primer at the rear end thereof, with | ||||||
12 | the
propellant contained in such tube between the | ||||||
13 | projectile and the cap; or
| ||||||
14 | (12) (Blank); or
| ||||||
15 | (13) Carries or possesses on or about his or her | ||||||
16 | person while in a building occupied by a unit of | ||||||
17 | government, a billy club, other weapon of like character, | ||||||
18 | or other instrument of like character intended for use as | ||||||
19 | a weapon. For the purposes of this Section, "billy club" | ||||||
20 | means a short stick or club commonly carried by police | ||||||
21 | officers which is either telescopic or constructed of a | ||||||
22 | solid piece of wood or other man-made material ; or | ||||||
23 | (14) Manufactures, possesses, sells, or offers to | ||||||
24 | sell, purchase, manufacture, import, transfer, or use any | ||||||
25 | device, part, kit, tool, accessory, or combination of | ||||||
26 | parts that is designed to and functions to increase the |
| |||||||
| |||||||
1 | rate of fire of a semiautomatic firearm above the standard | ||||||
2 | rate of fire for semiautomatic firearms that is not | ||||||
3 | equipped with that device, part, or combination of parts; | ||||||
4 | or | ||||||
5 | (15) Carries or possesses any assault weapon or .50 | ||||||
6 | caliber rifle in violation of Section 24-1.9; or | ||||||
7 | (16) Manufactures, sells, delivers, imports, or | ||||||
8 | purchases any assault weapon or .50 caliber rifle in | ||||||
9 | violation of Section 24-1.9 . | ||||||
10 | (b) Sentence. A person convicted of a violation of | ||||||
11 | subsection 24-1(a)(1)
through (5), subsection 24-1(a)(10),
| ||||||
12 | subsection 24-1(a)(11), or subsection 24-1(a)(13) , or | ||||||
13 | 24-1(a)(15) commits a Class A
misdemeanor.
A person convicted | ||||||
14 | of a violation of subsection
24-1(a)(8) or 24-1(a)(9) commits | ||||||
15 | a
Class 4 felony; a person
convicted of a violation of | ||||||
16 | subsection 24-1(a)(6) , or 24-1(a)(7)(ii) , 24-1(a)(7)(iii), or | ||||||
17 | 24-1(a)(16) or (iii)
commits a Class 3 felony. A person | ||||||
18 | convicted of a violation of subsection
24-1(a)(7)(i) commits a | ||||||
19 | Class 2 felony and shall be sentenced to a term of imprisonment | ||||||
20 | of not less than 3 years and not more than 7 years, unless the | ||||||
21 | weapon is possessed in the
passenger compartment of a motor | ||||||
22 | vehicle as defined in Section 1-146 of the
Illinois Vehicle | ||||||
23 | Code, or on the person, while the weapon is loaded, in which
| ||||||
24 | case it shall be a Class X felony. A person convicted of a
| ||||||
25 | second or subsequent violation of subsection 24-1(a)(4), | ||||||
26 | 24-1(a)(8),
24-1(a)(9), or
24-1(a)(10) , or 24-1(a)(15) commits |
| |||||||
| |||||||
1 | a Class 3 felony. A person convicted of a violation of | ||||||
2 | subsection 24-1(a)(2.5) or 24-1(a)(14) commits a Class 2 | ||||||
3 | felony. The possession of each weapon or device in violation | ||||||
4 | of this Section constitutes a single and separate violation.
| ||||||
5 | (c) Violations in specific places.
| ||||||
6 | (1) A person who violates subsection 24-1(a)(6) or | ||||||
7 | 24-1(a)(7) in any
school, regardless of the time of day or | ||||||
8 | the time of year, in residential
property owned, operated | ||||||
9 | or managed by a public housing agency or
leased by
a public | ||||||
10 | housing agency as part of a scattered site or mixed-income
| ||||||
11 | development, in a
public park, in a courthouse, on the | ||||||
12 | real property comprising any school,
regardless of the
| ||||||
13 | time of day or the time of year, on residential property | ||||||
14 | owned, operated
or
managed by a public housing agency
or | ||||||
15 | leased by a public housing agency as part of a scattered | ||||||
16 | site or
mixed-income development,
on the real property | ||||||
17 | comprising any
public park, on the real property | ||||||
18 | comprising any courthouse, in any conveyance
owned, leased | ||||||
19 | or contracted by a school to
transport students to or from | ||||||
20 | school or a school related activity, in any conveyance
| ||||||
21 | owned, leased, or contracted by a public transportation | ||||||
22 | agency, or on any
public way within 1,000 feet of the real | ||||||
23 | property comprising any school,
public park, courthouse, | ||||||
24 | public transportation facility, or residential property | ||||||
25 | owned, operated, or managed
by a public housing agency
or | ||||||
26 | leased by a public housing agency as part of a scattered |
| |||||||
| |||||||
1 | site or
mixed-income development
commits a Class 2 felony | ||||||
2 | and shall be sentenced to a term of imprisonment of not | ||||||
3 | less than 3 years and not more than 7 years.
| ||||||
4 | (1.5) A person who violates subsection 24-1(a)(4), | ||||||
5 | 24-1(a)(9), or
24-1(a)(10) in any school, regardless of | ||||||
6 | the time of day or the time of year,
in residential | ||||||
7 | property owned, operated, or managed by a public
housing
| ||||||
8 | agency
or leased by a public housing agency as part of a | ||||||
9 | scattered site or
mixed-income development,
in
a public
| ||||||
10 | park, in a courthouse, on the real property comprising any | ||||||
11 | school, regardless
of the time of day or the time of year, | ||||||
12 | on residential property owned,
operated, or managed by a | ||||||
13 | public housing agency
or leased by a public housing agency | ||||||
14 | as part of a scattered site or
mixed-income development,
| ||||||
15 | on the real property
comprising any public park, on the | ||||||
16 | real property comprising any courthouse, in
any conveyance | ||||||
17 | owned, leased, or contracted by a school to transport | ||||||
18 | students
to or from school or a school related activity, | ||||||
19 | in any conveyance
owned, leased, or contracted by a public | ||||||
20 | transportation agency, or on any public way within
1,000 | ||||||
21 | feet of the real property comprising any school, public | ||||||
22 | park, courthouse,
public transportation facility, or | ||||||
23 | residential property owned, operated, or managed by a | ||||||
24 | public
housing agency
or leased by a public housing agency | ||||||
25 | as part of a scattered site or
mixed-income development
| ||||||
26 | commits a Class 3 felony.
|
| |||||||
| |||||||
1 | (2) A person who violates subsection 24-1(a)(1), | ||||||
2 | 24-1(a)(2), or
24-1(a)(3)
in any school, regardless of the | ||||||
3 | time of day or the time of year, in
residential property | ||||||
4 | owned, operated or managed by a public housing
agency
or | ||||||
5 | leased by a public housing agency as part of a scattered | ||||||
6 | site or
mixed-income development,
in
a public park, in a | ||||||
7 | courthouse, on the real property comprising any school,
| ||||||
8 | regardless of the time of day or the time of year, on | ||||||
9 | residential property
owned, operated or managed by a | ||||||
10 | public housing agency
or leased by a public housing agency | ||||||
11 | as part of a scattered site or
mixed-income development,
| ||||||
12 | on the real property
comprising any public park, on the | ||||||
13 | real property comprising any courthouse, in
any conveyance | ||||||
14 | owned, leased or contracted by a school to transport | ||||||
15 | students
to or from school or a school related activity, | ||||||
16 | in any conveyance
owned, leased, or contracted by a public | ||||||
17 | transportation agency, or on any public way within
1,000 | ||||||
18 | feet of the real property comprising any school, public | ||||||
19 | park, courthouse,
public transportation facility, or | ||||||
20 | residential property owned, operated, or managed by a | ||||||
21 | public
housing agency or leased by a public housing agency | ||||||
22 | as part of a scattered
site or mixed-income development | ||||||
23 | commits a Class 4 felony. "Courthouse"
means any building | ||||||
24 | that is used by the Circuit, Appellate, or Supreme Court | ||||||
25 | of
this State for the conduct of official business.
| ||||||
26 | (3) Paragraphs (1), (1.5), and (2) of this subsection |
| |||||||
| |||||||
1 | (c) shall not
apply to law
enforcement officers or | ||||||
2 | security officers of such school, college, or
university | ||||||
3 | or to students carrying or possessing firearms for use in | ||||||
4 | training
courses, parades, hunting, target shooting on | ||||||
5 | school ranges, or otherwise with
the consent of school | ||||||
6 | authorities and which firearms are transported unloaded
| ||||||
7 | enclosed in a suitable case, box, or transportation | ||||||
8 | package.
| ||||||
9 | (4) For the purposes of this subsection (c), "school" | ||||||
10 | means any public or
private elementary or secondary | ||||||
11 | school, community college, college, or
university.
| ||||||
12 | (5) For the purposes of this subsection (c), "public | ||||||
13 | transportation agency" means a public or private agency | ||||||
14 | that provides for the transportation or conveyance of
| ||||||
15 | persons by means available to the general public, except | ||||||
16 | for transportation
by automobiles not used for conveyance | ||||||
17 | of the general public as passengers; and "public | ||||||
18 | transportation facility" means a terminal or other place
| ||||||
19 | where one may obtain public transportation.
| ||||||
20 | (d) The presence in an automobile other than a public | ||||||
21 | omnibus of any
weapon, instrument or substance referred to in | ||||||
22 | subsection (a)(7) is
prima facie evidence that it is in the | ||||||
23 | possession of, and is being
carried by, all persons occupying | ||||||
24 | such automobile at the time such
weapon, instrument or | ||||||
25 | substance is found, except under the following
circumstances: | ||||||
26 | (i) if such weapon, instrument or instrumentality is
found |
| |||||||
| |||||||
1 | upon the person of one of the occupants therein; or (ii) if | ||||||
2 | such
weapon, instrument or substance is found in an automobile | ||||||
3 | operated for
hire by a duly licensed driver in the due, lawful | ||||||
4 | and proper pursuit of
his or her trade, then such presumption | ||||||
5 | shall not apply to the driver.
| ||||||
6 | (e) Exemptions. | ||||||
7 | (1) Crossbows, Common or Compound bows and Underwater
| ||||||
8 | Spearguns are exempted from the definition of ballistic | ||||||
9 | knife as defined in
paragraph (1) of subsection (a) of | ||||||
10 | this Section. | ||||||
11 | (2) The provision of paragraph (1) of subsection (a) | ||||||
12 | of this Section prohibiting the sale, manufacture, | ||||||
13 | purchase, possession, or carrying of any knife, commonly | ||||||
14 | referred to as a switchblade knife, which has a
blade that | ||||||
15 | opens automatically by hand pressure applied to a button,
| ||||||
16 | spring or other device in the handle of the knife, does not | ||||||
17 | apply to a person who possesses a currently valid Firearm | ||||||
18 | Owner's Identification Card previously issued in his or | ||||||
19 | her name by the Illinois State Police or to a person or an | ||||||
20 | entity engaged in the business of selling or manufacturing | ||||||
21 | switchblade knives.
| ||||||
22 | (Source: P.A. 101-223, eff. 1-1-20; 102-538, eff. 8-20-21; | ||||||
23 | 102-1116, eff. 1-10-23.)
| ||||||
24 | (720 ILCS 5/24-1.9 rep.) | ||||||
25 | (720 ILCS 5/24-1.10 rep.) |
| |||||||
| |||||||
1 | Section 25. The Criminal Code of 2012 is amended by | ||||||
2 | repealing Sections 24-1.9 and 24-1.10.
| ||||||
3 | Section 99. Effective date. This Act takes effect upon | ||||||
4 | becoming law.
|