SB1857sam001 99TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 3/20/2015

09900SB1857sam001 LRB099 10942 RLC 32860 a

AMENDMENT TO SENATE BILL 1857

AMENDMENT NO. ______. Amend Senate Bill 1857 by replacing everything after the enacting clause with the following:

"Section 5. The Firearm Concealed Carry Act is amended by changing Sections 5, 10, 15, 20, 70, and 87 as follows:

(430 ILCS 66/5)

Sec. 5. Definitions. As used in this Act:

"Applicant" means a person who is applying for a license to carry a concealed firearm under this Act.

"Board" means the Concealed Carry Licensing Review Board.

"Concealed firearm" means a loaded or unloaded handgun carried on or about a person completely or mostly concealed from view of the public or on or about a person within a vehicle.

"Department" means the Department of State Police.

"Director" means the Director of State Police.

"Electronic portal" or "portal" means a secure password-protected electronic interface provided by the Department for the purpose of sharing information with applicants.

"Handgun" means any device which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas, or escape of gas that is designed to be held and fired by the use of a single hand. "Handgun" does not include:

(1) a stun gun or taser;

(2) a machine gun as defined in item (i) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012;

(3) a short-barreled rifle or shotgun as defined in item (ii) of paragraph (7) of subsection (a) of Section 24-1 of the Criminal Code of 2012; or

(4) any pneumatic gun, spring gun, paint ball gun, or B-B gun which expels a single globular projectile not exceeding .18 inch in diameter, or which has a maximum muzzle velocity of less than 700 feet per second, or which expels breakable paint balls containing washable marking colors.

"Law enforcement agency" means any federal, State, or local law enforcement agency, including offices of State's Attorneys and the Office of the Attorney General.

"License" means a license issued by the Department of State Police to carry a concealed handgun.

"Licensee" means a person issued a license to carry a concealed handgun.

"Municipality" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution.

"Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution.

(Source: P.A. 98-63, eff. 7-9-13.)

(430 ILCS 66/10)

Sec. 10. Issuance of licenses to carry a concealed firearm.

(a) The Department shall issue a license to carry a concealed firearm under this Act to an applicant who:

(1) meets the qualifications of Section 25 of this Act;

(2) has provided the application and documentation required in Section 30 of this Act;

(3) has submitted the requisite fees; and

(4) does not pose a danger to himself, herself, or others, or a threat to public safety as determined by the Concealed Carry Licensing Review Board in accordance with Section 20.

(b) The Department shall issue a renewal, corrected, or duplicate license as provided in this Act.

(c) A license shall be valid throughout the State for a period of 5 years from the date of issuance. A license shall permit the licensee to:

(1) carry a loaded or unloaded concealed firearm, fully concealed or partially concealed, on or about his or her person; and

(2) keep or carry a loaded or unloaded concealed firearm on or about his or her person within a vehicle.

(d) The Department shall make applications for a license available no later than 180 days after the effective date of this Act. The Department shall establish rules for the availability and submission of applications in accordance with this Act.

(e) An application for a license submitted to the Department that contains all the information and materials required by this Act, including the requisite fee, shall be deemed completed. Except as otherwise provided in this Act, no later than 90 days after receipt of a completed application, the Department shall issue or deny the applicant a license.

(f) The Department shall deny the applicant a license if the applicant fails to meet the requirements under this Act or the Department receives a determination from the Board that the applicant is ineligible for a license. The Department must notify the applicant stating the statutory grounds for the denial and the applicant's right to review copies of all documents and other evidence upon which the Department and Board relied in making its determination of ineligibility. The notice of denial must inform the applicant of his or her right to an appeal through administrative and judicial review. The notification shall be provided to an applicant as follows:

(1) If an applicant submitted an application via electronic means, the applicant shall receive notice from the Department regarding the applicant's acceptance or denial via electronic means. The Department shall post notice within the electronic portal established by the Department for that specific applicant. The portal shall clearly indicate the date on which the denial or acceptance notice was posted. If an applicant is denied a license, additional notification procedures shall be as follows:

(A) Upon posting a denial notice within the applicant's secure electronic portal, the Department shall keep a record of the first time the denial letter is viewed by the applicant.

(B) Upon posting a denial notice within the applicant's secure electronic portal, the Department shall send the applicant an email to the email address on the application informing him or her that the decision has been posted. The email shall not contain any information about the content of the denial letter.

(C) The Department shall send a second notice regarding the fact that a decision has been posted within the applicant's portal 5 business days after the first notice was sent.

(D) The time in which an applicant may petition for administrative or judicial review shall begin to accrue on the date that the applicant first views the denial letter within the applicant's secure portal as recorded by the Department, or the date of the second email notification as provided in subparagraph (C) of paragraph (1) of this subsection (f), whichever is sooner.

(2) If an applicant submitted an application on paper, the applicant shall receive notice from the Department regarding the applicant's acceptance or denial on paper. The Department shall send the applicant a paper letter via traditional mail to the address indicated on the application. If an applicant is denied a license, the Department shall mail the denial letter through the United States Postal Service. The time limitation in which an applicant may seek administrative or judicial review shall begin to accrue 5 calendar days after the postmark on the letter mailed by the Department.

(3) If the Department does not send a denial letter to the correct address, or does not send a denial notification email to an applicant's correct email address, the time limitation in which an applicant may seek review of the Department's decision shall be tolled until the Department corrects the error and the applicant has received actual notice of the denial.

(g) A licensee shall possess a license at all times the licensee carries a concealed firearm except:

(1) when the licensee is carrying or possessing a concealed firearm on his or her land or in his or her abode, legal dwelling, or fixed place of business, or on the land or in the legal dwelling of another person as an invitee with that person's permission;

(2) when the person is authorized to carry a firearm under Section 24-2 of the Criminal Code of 2012, except subsection (a-5) of that Section; or

(3) when the handgun is broken down in a non-functioning state, is not immediately accessible, or is unloaded and enclosed in a case.

(h) If an officer of a law enforcement agency initiates an investigative stop, including but not limited to a traffic stop, of a licensee or a non-resident carrying a concealed firearm under subsection (e) of Section 40 of this Act, upon the request of the officer the licensee or non-resident shall disclose to the officer that he or she is in possession of a concealed firearm under this Act, present the license upon the request of the officer if he or she is a licensee or present upon the request of the officer evidence under paragraph (2) of subsection (e) of Section 40 of this Act that he or she is a non-resident qualified to carry under that subsection, and identify the location of the concealed firearm. During a traffic stop, any passenger within the vehicle who is a licensee or a non-resident carrying under subsection (e) of Section 40 of this Act must comply with the requirements of this subsection (h).

(i) The Department shall maintain a database of license applicants and licensees. The database shall be available to all federal, State, and local law enforcement agencies, State's Attorneys, the Attorney General, and authorized court personnel. Within 180 days after the effective date of this Act, the database shall be searchable and provide all information included in the application, including the applicant's previous addresses within the 10 years prior to the license application and any information related to violations of this Act. No law enforcement agency, State's Attorney, Attorney General, or member or staff of the judiciary shall provide any information to a requester who is not entitled to it by law.

(j) No later than 10 days after receipt of a completed application, the Department shall enter the relevant information about the applicant into the database under subsection (i) of this Section which is accessible by law enforcement agencies.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/15)

Sec. 15. Objections by law enforcement agencies.

(a) Any law enforcement agency may submit an objection to a license applicant based upon a reasonable suspicion that the applicant is a danger to himself or herself or others, or a threat to public safety. The objection shall be made by the chief law enforcement officer of the law enforcement agency, or his or her designee, and must include any information relevant to the objection. If a law enforcement agency submits an objection within 30 days after the entry of an applicant into the database, the Department shall submit the objection and all information available to the Board under State and federal law related to the application to the Board within 10 days of completing all necessary background checks. If an applicant is denied a license, the Board shall make available to the applicant copies of all law enforcement objections upon which the Board relied in making its decision under Section 10 of this Act.

(b) If an applicant has 5 or more arrests for any reason, that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license, or has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses, the Department shall object and submit the applicant's arrest record to the extent the Board is allowed to receive that information under State and federal law, the application materials, and any additional information submitted by a law enforcement agency to the Board. For purposes of this subsection, "gang-related offense" is an offense described in Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or Section 33G-4, or in paragraph (1) of subsection (a) of Section 12-6.2, paragraph (2) of subsection (b) of Section 16-30, paragraph (2) of subsection (b) of Section 31-4, or item (iii) of paragraph (1.5) of subsection (i) of Section 48-1 of the Criminal Code of 2012.

(c) The referral of an objection under this Section to the Board shall toll the 90-day period for the Department to issue or deny the applicant a license under subsection (e) of Section 10 of this Act, during the period of review and until the Board issues its decision. Upon the referral, applicants shall be given notice by the Department that the application is undergoing review by the Board. The notice shall include the next date upon which the Board is expected to convene, and shall inform the applicant that the 90-day period has been tolled.

(d) If no objection is made by a law enforcement agency or the Department under this Section, the Department shall process the application in accordance with this Act.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/20)

Sec. 20. Concealed Carry Licensing Review Board.

(a) There is hereby created within the Department of State Police a Concealed Carry Licensing Review Board to consider any objection to an applicant's eligibility to obtain a license under this Act submitted by a law enforcement agency or the Department under Section 15 of this Act. The Board shall consist of 7 commissioners to be appointed by the Governor, with the advice and consent of the Senate, with 3 commissioners residing within the First Judicial District and one commissioner residing within each of the 4 remaining Judicial Districts. No more than 4 commissioners shall be members of the same political party. The Governor shall designate one commissioner as the Chairperson. The Board shall consist of:

(1) one commissioner with at least 5 years of service as a federal judge;

(2) 2 commissioners with at least 5 years of experience serving as an attorney with the United States Department of Justice;

(3) 3 commissioners with at least 5 years of experience as a federal agent or employee with investigative experience or duties related to criminal justice under the United States Department of Justice, Drug Enforcement Administration, Department of Homeland Security, or Federal Bureau of Investigation; and

(4) one member with at least 5 years of experience as a licensed physician or clinical psychologist with expertise in the diagnosis and treatment of mental illness.

(b) The initial terms of the commissioners shall end on January 12, 2015. Thereafter, the commissioners shall hold office for 4 years, with terms expiring on the second Monday in January of the fourth year. Commissioners may be reappointed. Vacancies in the office of commissioner shall be filled in the same manner as the original appointment, for the remainder of the unexpired term. The Governor may remove a commissioner for incompetence, neglect of duty, malfeasance, or inability to serve. Commissioners shall receive compensation in an amount equal to the compensation of members of the Executive Ethics Commission and may be reimbursed for reasonable expenses actually incurred in the performance of their Board duties, from funds appropriated for that purpose.

(c) The Board shall meet at the call of the chairperson as often as necessary to consider objections to applications for a license under this Act. If necessary to ensure the participation of a commissioner, the Board shall allow a commissioner to participate in a Board meeting by electronic communication. Any commissioner participating electronically shall be deemed present for purposes of establishing a quorum and voting.

(d) The Board shall adopt rules for the review of objections and the conduct of hearings. The Board shall maintain a record of its decisions and all materials considered in making its decisions. All Board decisions and voting records shall be kept confidential and all materials considered by the Board shall be exempt from inspection except upon order of a court.

(e) In considering an objection of a law enforcement agency or the Department, the Board shall review the materials received with the objection from the law enforcement agency or the Department. By a vote of at least 4 commissioners, the Board may request additional information from the law enforcement agency, Department, or the applicant, or the testimony of the law enforcement agency, Department, or the applicant. The Board may require that the applicant submit electronic fingerprints to the Department for an updated background check where the Board determines it lacks sufficient information to determine eligibility. The Board may only consider information submitted by the Department, a law enforcement agency, or the applicant. The Board shall review each objection and determine by a majority of commissioners whether an applicant is eligible for a license.

(f) The Board shall issue a decision within 30 days of receipt of the objection from the Department. The decision shall give the specific reason or reasons why the application was denied. The However, the Board need not issue its a decision within the 30-day period days if:

(1) the Board requests information from the applicant, including but not limited to electronic fingerprints to be submitted to the Department, in accordance with subsection (e) of this Section, in which case the Board shall issue its make a decision within 30 days of receipt of the required information from the applicant;

(2) the applicant agrees, in writing, to allow the Board additional time to consider an objection before issuing its decision; or

(3) the Board notifies the applicant and the Department that the Board needs an additional 30 days to issue its a decision.

(g) If the Board determines by a preponderance of the evidence that an applicant is ineligible for a license, the Board shall designate the statutory reason or reasons for the denial. The denial letter issued by the Department to an applicant shall designate the specific reason or reasons pertaining to eligibility as designated by Sections 15, 25, or any other provision of this Act, which was relied upon by the Board in making its decision.

(1) The Board shall designate one or more of the following reasons for denying the application:

(A) the applicant has been convicted or found guilty of a misdemeanor involving the use or threat of physical force or violence to any person in this or any other state within the 5 years preceding the date of the license application;

(B) the applicant has had 2 or more violations related to driving while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, within the 5 years preceding the date of the license application;

(C) the applicant is the subject of a pending arrest warrant, prosecution, or proceeding for an offense or action that could lead to disqualification to own or possess a firearm;

(D) the applicant has been in residential or court-ordered treatment for alcoholism, alcohol detoxification, or drug treatment within the 5 years immediately preceding the date of the license application;

(E) the applicant has had 5 or more arrests that have been entered into the Criminal History Records Information (CHRI) System, within the 7 years preceding the date of application for a license;

(F) the applicant has 3 or more arrests within the 7 years preceding the date of application for a license for any combination of gang-related offenses;

(G) the applicant poses a danger to himself, herself, or others, as determined by the Board upon reviewing the applicant's juvenile court, criminal justice, psychological, or psychiatric records;

(H) other reasons cited by the Board; however, the Board must explain the specific statutory reasons for its decision. the applicant poses a danger to himself or herself or others, or is a threat to public safety, then the Board shall affirm the objection of the law enforcement agency or the Department and shall notify the Department that the applicant is ineligible for a license.

(2) If the Board does not determine by a preponderance of the evidence that the applicant poses a danger to himself or herself or others, or is a threat to public safety, then the Board shall notify the Department that the applicant is eligible for a license.

(h) Meetings of the Board shall not be subject to the Open Meetings Act and records of the Board shall not be subject to the Freedom of Information Act. However, all documents and evidence provided to the Board, including a list of the names of all witnesses who provided testimony to the Board, shall be made available to the applicant. To the extent that the Board has reviewed the medical records of an applicant, or any other records subject to any law or rule providing for the applicant's privacy, disclosure of those records shall comply with all applicable privacy laws, rules, and regulations.

(i) The Board shall report monthly to the Governor and the General Assembly on the number of objections received and provide details of the circumstances in which the Board has determined to deny licensure based on law enforcement or Department objections under Section 15 of this Act. The report shall not contain any identifying information about the applicants.

(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)

(430 ILCS 66/70)

Sec. 70. Violations.

(a) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found to be ineligible for a license under this Act or the licensee no longer meets the eligibility requirements of the Firearm Owners Identification Card Act. The notification and appeals processes for revoked licenses shall be the same as those for denied applications under Sections 10, 15, and 87 of this Act.

(b) A license shall be suspended if an order of protection, including an emergency order of protection, plenary order of protection, or interim order of protection under Article 112A of the Code of Criminal Procedure of 1963 or under the Illinois Domestic Violence Act of 1986, is issued against a licensee for the duration of the order, or if the Department is made aware of a similar order issued against the licensee in any other jurisdiction. If an order of protection is issued against a licensee, the licensee shall surrender the license, as applicable, to the court at the time the order is entered or to the law enforcement agency or entity serving process at the time the licensee is served the order. The court, law enforcement agency, or entity responsible for serving the order of protection shall notify the Department within 7 days and transmit the license to the Department.

(c) A license is invalid upon expiration of the license, unless the licensee has submitted an application to renew the license, and the applicant is otherwise eligible to possess a license under this Act.

(d) A licensee shall not carry a concealed firearm while under the influence of alcohol, other drug or drugs, intoxicating compound or combination of compounds, or any combination thereof, under the standards set forth in subsection (a) of Section 11-501 of the Illinois Vehicle Code.

A licensee in violation of this subsection (d) shall be guilty of a Class A misdemeanor for a first or second violation and a Class 4 felony for a third violation. The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for a third violation.

(e) Except as otherwise provided, a licensee in violation of this Act shall be guilty of a Class B misdemeanor. A second or subsequent violation is a Class A misdemeanor. The Department may suspend a license for up to 6 months for a second violation and shall permanently revoke a license for 3 or more violations of Section 65 of this Act. Any person convicted of a violation under this Section shall pay a $150 fee to be deposited into the Mental Health Reporting Fund, plus any applicable court costs or fees.

(f) A licensee convicted or found guilty of a violation of this Act who has a valid license and is otherwise eligible to carry a concealed firearm shall only be subject to the penalties under this Section and shall not be subject to the penalties under Section 21-6, paragraph (4), (8), or (10) of subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5) of paragraph (3) of subsection (a) of Section 24-1.6 of the Criminal Code of 2012. Except as otherwise provided in this subsection, nothing in this subsection prohibits the licensee from being subjected to penalties for violations other than those specified in this Act.

(g) A licensee whose license is revoked, suspended, or denied shall, within 48 hours of receiving notice of the revocation, suspension, or denial, surrender his or her concealed carry license to the local law enforcement agency where the person resides. The local law enforcement agency shall provide the licensee a receipt and transmit the concealed carry license to the Department of State Police. If the licensee whose concealed carry license has been revoked, suspended, or denied fails to comply with the requirements of this subsection, the law enforcement agency where the person resides may petition the circuit court to issue a warrant to search for and seize the concealed carry license in the possession and under the custody or control of the licensee whose concealed carry license has been revoked, suspended, or denied. The observation of a concealed carry license in the possession of a person whose license has been revoked, suspended, or denied constitutes a sufficient basis for the arrest of that person for violation of this subsection. A violation of this subsection is a Class A misdemeanor.

(h) A license issued or renewed under this Act shall be revoked if, at any time, the licensee is found ineligible for a Firearm Owner's Identification Card, or the licensee no longer possesses a valid Firearm Owner's Identification Card. A licensee whose license is revoked under this subsection (h) shall surrender his or her concealed carry license as provided for in subsection (g) of this Section.

This subsection shall not apply to a person who has filed an application with the State Police for renewal of a Firearm Owner's Identification Card and who is not otherwise ineligible to obtain a Firearm Owner's Identification Card.

(i) A certified firearms instructor who knowingly provides or offers to provide a false certification that an applicant has completed firearms training as required under this Act is guilty of a Class A misdemeanor. A person guilty of a violation of this subsection (i) is not eligible for court supervision. The Department shall permanently revoke the firearms instructor certification of a person convicted under this subsection (i).

(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14; 98-899, eff. 8-15-14.)

(430 ILCS 66/87)

Sec. 87. Administrative and judicial review.

(a) Whenever an application for a concealed carry license is denied, whenever the Department fails to act on an application within 90 days of its receipt, or whenever a license is revoked or suspended as provided in this Act, the aggrieved party may appeal to the Director for a hearing upon the denial, revocation, suspension, or failure to act on the application, unless the denial was made by the Concealed Carry Licensing Review Board, in which case the aggrieved party may petition the circuit court in writing in the county of his or her residence for a hearing upon the denial. The procedure for the petition process shall follow the provisions as for final administrative decisions provided in subsection (b) of this Section.

(b) All final administrative decisions of the Department or the Concealed Carry Licensing Review Board under this Act shall be subject to judicial review under the provisions of the Administrative Review Law, except that the time deadline for filing a petition for administrative or judicial review shall be 70 calendar days from the date the notice of denial was received by the applicant as designated in subsection (f) of Section 10 of this Act. When an applicant brings a petition for judicial review under this Act, the petition must be decided without remand to the Department. The term "administrative decision" is defined as in Section 3-101 of the Code of Civil Procedure.

(c) Within 10 days of sending notice that an application has been denied, the documents or evidence relied upon by the Department or the Board, or both, shall be made available to the applicant.

(1) If an applicant submitted his or her application via electronic means, then within 10 days immediately following the date of the denial notice, the Department shall post electronic copies of all documents and evidence relied upon in making its decision to the applicant's secure electronic portal. An applicant may view all documents relied upon by the Board in making its decision to deny an application. To the extent that federal regulations prohibit the printing or duplication of any document posted within the portal, the Department shall give the applicant notice that the documents may not be printed or duplicated. An applicant may, however, specifically reference the documents in a petition for administrative or judicial review and may seek a court order for the printing, duplication, or in-camera review of the documents.

(2) If the applicant submitted his or her application on paper, then the applicant shall make a written request for documents and evidence to the Department, which shall be signed by the applicant. The request shall be sent to the Department via certified mail with return receipt requested. The request may designate that the documents be sent to the applicant's attorney, if any.

(A) The Department shall provide paper copies of the requested documents and evidence within 14 calendar days of receiving the written request. Documents shall be sent to the applicant's address or the address of the applicant's attorney, if one is designated, via United States Mail.

(B) If the Department fails to mail the documents within 10 days of receipt of the applicant's request, and the postmark on the documents mailed by the Department does not indicate that they were mailed within 10 days of receipt of the applicant's written request, then the time period in which an applicant may seek administrative or judicial review, or both, under this Section shall be tolled until the date on which the Department does in fact mail the documents and evidence to the applicant as indicated by the postmark on the envelope or envelopes containing the documents.

(C) To the extent that federal regulations prohibit the printing or duplication of any document relied upon by the Department or Board in making its determination, the Department shall give the applicant notice that the documents exist and shall provide a method through which the applicant or the applicant's attorney may view the documents at the applicant's convenience. Nothing in this Section shall prohibit an applicant from referencing the documents in a petition for administrative or judicial review or from seeing a court order for the printing, duplication, or in-camera review of the documents.

(3) The Department shall keep records on the number of instances in which it did not respond to evidentiary or document requests, or both, within the 10-day period designated in this Section. The Department shall further document the number of instances in which federal regulations prohibited the Department from providing an applicant with unrestricted access to all documents, and the final means through which the applicant was able to view the documents. The Department shall report the information required in this paragraph (3) to the Governor and General Assembly in the same manner as provided in subsection (i) of Section 20 of this Act.

(Source: P.A. 98-63, eff. 7-9-13.)".