Illinois General Assembly - Full Text of HB5474
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Full Text of HB5474  102nd General Assembly

HB5474 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5474

 

Introduced 1/31/2022, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/2  from Ch. 102, par. 42
5 ILCS 140/7.5
20 ILCS 2605/2605-605
30 ILCS 105/6z-127
30 ILCS 715/3  from Ch. 56 1/2, par. 1703
430 ILCS 65/1.1  from Ch. 38, par. 83-1.1
430 ILCS 65/5  from Ch. 38, par. 83-5
430 ILCS 65/10  from Ch. 38, par. 83-10
430 ILCS 65/11  from Ch. 38, par. 83-11
430 ILCS 66/5
430 ILCS 66/10
430 ILCS 66/20
430 ILCS 66/60
430 ILCS 66/66
430 ILCS 66/87
720 ILCS 5/24-1.1  from Ch. 38, par. 24-1.1

    Amends the Firearm Owners Identification Card Act and the Firearm Concealed Carry Act. Combines the functions of the Concealed Carry Licensing Review Board and the Firearm Owner's Identification Card Review Board. Creates the Firearms Safety Review Board, created independent of any other agency or department of State government, to perform the functions of the Concealed Carry Licensing Review Board and the Firearm Owner's Identification Card Review Board. Transfers powers, duties, rights, responsibilities, books, records, documents, real and personnel property of those agencies to the Firearms Safety Review Board. Makes other technical and stylistic changes. Amends the Illinois State Police Law of the Civil Administrative Code of Illinois concerning the eligibility of law enforcement agencies to receive grants under the Act. Amends the Open Meetings Act, the Freedom of Information Act, the State Finance Act, the Intergovernmental Drug Laws Enforcement Act, and the Criminal Code of 2012 to make conforming changes. Effective January 1, 2023.


LRB102 23293 RLC 35444 b

 

 

A BILL FOR

 

HB5474LRB102 23293 RLC 35444 b

1    AN ACT concerning firearms.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Open Meetings Act is amended by changing
5Section 2 as follows:
 
6    (5 ILCS 120/2)  (from Ch. 102, par. 42)
7    Sec. 2. Open meetings.
8    (a) Openness required. All meetings of public bodies shall
9be open to the public unless excepted in subsection (c) and
10closed in accordance with Section 2a.
11    (b) Construction of exceptions. The exceptions contained
12in subsection (c) are in derogation of the requirement that
13public bodies meet in the open, and therefore, the exceptions
14are to be strictly construed, extending only to subjects
15clearly within their scope. The exceptions authorize but do
16not require the holding of a closed meeting to discuss a
17subject included within an enumerated exception.
18    (c) Exceptions. A public body may hold closed meetings to
19consider the following subjects:
20        (1) The appointment, employment, compensation,
21    discipline, performance, or dismissal of specific
22    employees, specific individuals who serve as independent
23    contractors in a park, recreational, or educational

 

 

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1    setting, or specific volunteers of the public body or
2    legal counsel for the public body, including hearing
3    testimony on a complaint lodged against an employee, a
4    specific individual who serves as an independent
5    contractor in a park, recreational, or educational
6    setting, or a volunteer of the public body or against
7    legal counsel for the public body to determine its
8    validity. However, a meeting to consider an increase in
9    compensation to a specific employee of a public body that
10    is subject to the Local Government Wage Increase
11    Transparency Act may not be closed and shall be open to the
12    public and posted and held in accordance with this Act.
13        (2) Collective negotiating matters between the public
14    body and its employees or their representatives, or
15    deliberations concerning salary schedules for one or more
16    classes of employees.
17        (3) The selection of a person to fill a public office,
18    as defined in this Act, including a vacancy in a public
19    office, when the public body is given power to appoint
20    under law or ordinance, or the discipline, performance or
21    removal of the occupant of a public office, when the
22    public body is given power to remove the occupant under
23    law or ordinance.
24        (4) Evidence or testimony presented in open hearing,
25    or in closed hearing where specifically authorized by law,
26    to a quasi-adjudicative body, as defined in this Act,

 

 

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1    provided that the body prepares and makes available for
2    public inspection a written decision setting forth its
3    determinative reasoning.
4        (5) The purchase or lease of real property for the use
5    of the public body, including meetings held for the
6    purpose of discussing whether a particular parcel should
7    be acquired.
8        (6) The setting of a price for sale or lease of
9    property owned by the public body.
10        (7) The sale or purchase of securities, investments,
11    or investment contracts. This exception shall not apply to
12    the investment of assets or income of funds deposited into
13    the Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to
16    respond to an actual, a threatened, or a reasonably
17    potential danger to the safety of employees, students,
18    staff, the public, or public property.
19        (9) Student disciplinary cases.
20        (10) The placement of individual students in special
21    education programs and other matters relating to
22    individual students.
23        (11) Litigation, when an action against, affecting or
24    on behalf of the particular public body has been filed and
25    is pending before a court or administrative tribunal, or
26    when the public body finds that an action is probable or

 

 

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1    imminent, in which case the basis for the finding shall be
2    recorded and entered into the minutes of the closed
3    meeting.
4        (12) The establishment of reserves or settlement of
5    claims as provided in the Local Governmental and
6    Governmental Employees Tort Immunity Act, if otherwise the
7    disposition of a claim or potential claim might be
8    prejudiced, or the review or discussion of claims, loss or
9    risk management information, records, data, advice or
10    communications from or with respect to any insurer of the
11    public body or any intergovernmental risk management
12    association or self insurance pool of which the public
13    body is a member.
14        (13) Conciliation of complaints of discrimination in
15    the sale or rental of housing, when closed meetings are
16    authorized by the law or ordinance prescribing fair
17    housing practices and creating a commission or
18    administrative agency for their enforcement.
19        (14) Informant sources, the hiring or assignment of
20    undercover personnel or equipment, or ongoing, prior or
21    future criminal investigations, when discussed by a public
22    body with criminal investigatory responsibilities.
23        (15) Professional ethics or performance when
24    considered by an advisory body appointed to advise a
25    licensing or regulatory agency on matters germane to the
26    advisory body's field of competence.

 

 

HB5474- 5 -LRB102 23293 RLC 35444 b

1        (16) Self evaluation, practices and procedures or
2    professional ethics, when meeting with a representative of
3    a statewide association of which the public body is a
4    member.
5        (17) The recruitment, credentialing, discipline or
6    formal peer review of physicians or other health care
7    professionals, or for the discussion of matters protected
8    under the federal Patient Safety and Quality Improvement
9    Act of 2005, and the regulations promulgated thereunder,
10    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11    Health Insurance Portability and Accountability Act of
12    1996, and the regulations promulgated thereunder,
13    including 45 C.F.R. Parts 160, 162, and 164, by a
14    hospital, or other institution providing medical care,
15    that is operated by the public body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes

 

 

HB5474- 6 -LRB102 23293 RLC 35444 b

1    as mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) (Blank).
20        (28) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (29) Meetings between internal or external auditors
25    and governmental audit committees, finance committees, and
26    their equivalents, when the discussion involves internal

 

 

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1    control weaknesses, identification of potential fraud risk
2    areas, known or suspected frauds, and fraud interviews
3    conducted in accordance with generally accepted auditing
4    standards of the United States of America.
5        (30) Those meetings or portions of meetings of a
6    fatality review team or the Illinois Fatality Review Team
7    Advisory Council during which a review of the death of an
8    eligible adult in which abuse or neglect is suspected,
9    alleged, or substantiated is conducted pursuant to Section
10    15 of the Adult Protective Services Act.
11        (31) Meetings and deliberations for decisions of the
12    Firearms Safety Concealed Carry Licensing Review Board
13    under the Firearm Concealed Carry Act.
14        (32) Meetings between the Regional Transportation
15    Authority Board and its Service Boards when the discussion
16    involves review by the Regional Transportation Authority
17    Board of employment contracts under Section 28d of the
18    Metropolitan Transit Authority Act and Sections 3A.18 and
19    3B.26 of the Regional Transportation Authority Act.
20        (33) Those meetings or portions of meetings of the
21    advisory committee and peer review subcommittee created
22    under Section 320 of the Illinois Controlled Substances
23    Act during which specific controlled substance prescriber,
24    dispenser, or patient information is discussed.
25        (34) Meetings of the Tax Increment Financing Reform
26    Task Force under Section 2505-800 of the Department of

 

 

HB5474- 8 -LRB102 23293 RLC 35444 b

1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5        (36) Those deliberations or portions of deliberations
6    for decisions of the Illinois Gaming Board in which there
7    is discussed any of the following: (i) personal,
8    commercial, financial, or other information obtained from
9    any source that is privileged, proprietary, confidential,
10    or a trade secret; or (ii) information specifically
11    exempted from the disclosure by federal or State law.
12        (37) Deliberations for decisions of the Illinois Law
13    Enforcement Training Standards Board, the Certification
14    Review Panel, and the Illinois State Police Merit Board
15    regarding certification and decertification.
16        (38) Meetings of the Ad Hoc Statewide Domestic
17    Violence Fatality Review Committee of the Illinois
18    Criminal Justice Information Authority Board that occur in
19    closed executive session under subsection (d) of Section
20    35 of the Domestic Violence Fatality Review Act.
21        (39) Meetings of the regional review teams under
22    subsection (a) of Section 75 of the Domestic Violence
23    Fatality Review Act.
24        (40) (38) Meetings of the Firearms Safety Firearm
25    Owner's Identification Card Review Board under Section 10
26    of the Firearm Owners Identification Card Act.

 

 

HB5474- 9 -LRB102 23293 RLC 35444 b

1    (d) Definitions. For purposes of this Section:
2    "Employee" means a person employed by a public body whose
3relationship with the public body constitutes an
4employer-employee relationship under the usual common law
5rules, and who is not an independent contractor.
6    "Public office" means a position created by or under the
7Constitution or laws of this State, the occupant of which is
8charged with the exercise of some portion of the sovereign
9power of this State. The term "public office" shall include
10members of the public body, but it shall not include
11organizational positions filled by members thereof, whether
12established by law or by a public body itself, that exist to
13assist the body in the conduct of its business.
14    "Quasi-adjudicative body" means an administrative body
15charged by law or ordinance with the responsibility to conduct
16hearings, receive evidence or testimony and make
17determinations based thereon, but does not include local
18electoral boards when such bodies are considering petition
19challenges.
20    (e) Final action. No final action may be taken at a closed
21meeting. Final action shall be preceded by a public recital of
22the nature of the matter being considered and other
23information that will inform the public of the business being
24conducted.
25(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
26101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.

 

 

HB5474- 10 -LRB102 23293 RLC 35444 b

18-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
 
2    Section 10. The Freedom of Information Act is amended by
3changing Section 7.5 as follows:
 
4    (5 ILCS 140/7.5)
5    Sec. 7.5. Statutory exemptions. To the extent provided for
6by the statutes referenced below, the following shall be
7exempt from inspection and copying:
8        (a) All information determined to be confidential
9    under Section 4002 of the Technology Advancement and
10    Development Act.
11        (b) Library circulation and order records identifying
12    library users with specific materials under the Library
13    Records Confidentiality Act.
14        (c) Applications, related documents, and medical
15    records received by the Experimental Organ Transplantation
16    Procedures Board and any and all documents or other
17    records prepared by the Experimental Organ Transplantation
18    Procedures Board or its staff relating to applications it
19    has received.
20        (d) Information and records held by the Department of
21    Public Health and its authorized representatives relating
22    to known or suspected cases of sexually transmissible
23    disease or any information the disclosure of which is
24    restricted under the Illinois Sexually Transmissible

 

 

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1    Disease Control Act.
2        (e) Information the disclosure of which is exempted
3    under Section 30 of the Radon Industry Licensing Act.
4        (f) Firm performance evaluations under Section 55 of
5    the Architectural, Engineering, and Land Surveying
6    Qualifications Based Selection Act.
7        (g) Information the disclosure of which is restricted
8    and exempted under Section 50 of the Illinois Prepaid
9    Tuition Act.
10        (h) Information the disclosure of which is exempted
11    under the State Officials and Employees Ethics Act, and
12    records of any lawfully created State or local inspector
13    general's office that would be exempt if created or
14    obtained by an Executive Inspector General's office under
15    that Act.
16        (i) Information contained in a local emergency energy
17    plan submitted to a municipality in accordance with a
18    local emergency energy plan ordinance that is adopted
19    under Section 11-21.5-5 of the Illinois Municipal Code.
20        (j) Information and data concerning the distribution
21    of surcharge moneys collected and remitted by carriers
22    under the Emergency Telephone System Act.
23        (k) Law enforcement officer identification information
24    or driver identification information compiled by a law
25    enforcement agency or the Department of Transportation
26    under Section 11-212 of the Illinois Vehicle Code.

 

 

HB5474- 12 -LRB102 23293 RLC 35444 b

1        (l) Records and information provided to a residential
2    health care facility resident sexual assault and death
3    review team or the Executive Council under the Abuse
4    Prevention Review Team Act.
5        (m) Information provided to the predatory lending
6    database created pursuant to Article 3 of the Residential
7    Real Property Disclosure Act, except to the extent
8    authorized under that Article.
9        (n) Defense budgets and petitions for certification of
10    compensation and expenses for court appointed trial
11    counsel as provided under Sections 10 and 15 of the
12    Capital Crimes Litigation Act. This subsection (n) shall
13    apply until the conclusion of the trial of the case, even
14    if the prosecution chooses not to pursue the death penalty
15    prior to trial or sentencing.
16        (o) Information that is prohibited from being
17    disclosed under Section 4 of the Illinois Health and
18    Hazardous Substances Registry Act.
19        (p) Security portions of system safety program plans,
20    investigation reports, surveys, schedules, lists, data, or
21    information compiled, collected, or prepared by or for the
22    Department of Transportation under Sections 2705-300 and
23    2705-616 of the Department of Transportation Law of the
24    Civil Administrative Code of Illinois, the Regional
25    Transportation Authority under Section 2.11 of the
26    Regional Transportation Authority Act, or the St. Clair

 

 

HB5474- 13 -LRB102 23293 RLC 35444 b

1    County Transit District under the Bi-State Transit Safety
2    Act.
3        (q) Information prohibited from being disclosed by the
4    Personnel Record Review Act.
5        (r) Information prohibited from being disclosed by the
6    Illinois School Student Records Act.
7        (s) Information the disclosure of which is restricted
8    under Section 5-108 of the Public Utilities Act.
9        (t) All identified or deidentified health information
10    in the form of health data or medical records contained
11    in, stored in, submitted to, transferred by, or released
12    from the Illinois Health Information Exchange, and
13    identified or deidentified health information in the form
14    of health data and medical records of the Illinois Health
15    Information Exchange in the possession of the Illinois
16    Health Information Exchange Office due to its
17    administration of the Illinois Health Information
18    Exchange. The terms "identified" and "deidentified" shall
19    be given the same meaning as in the Health Insurance
20    Portability and Accountability Act of 1996, Public Law
21    104-191, or any subsequent amendments thereto, and any
22    regulations promulgated thereunder.
23        (u) Records and information provided to an independent
24    team of experts under the Developmental Disability and
25    Mental Health Safety Act (also known as Brian's Law).
26        (v) Names and information of people who have applied

 

 

HB5474- 14 -LRB102 23293 RLC 35444 b

1    for or received Firearm Owner's Identification Cards under
2    the Firearm Owners Identification Card Act or applied for
3    or received a concealed carry license under the Firearm
4    Concealed Carry Act, unless otherwise authorized by the
5    Firearm Concealed Carry Act; and databases under the
6    Firearm Concealed Carry Act, records of the Firearms
7    Safety Concealed Carry Licensing Review Board under the
8    Firearm Concealed Carry Act, and law enforcement agency
9    objections under the Firearm Concealed Carry Act.
10        (v-5) Records of the Firearms Safety Firearm Owner's
11    Identification Card Review Board that are exempted from
12    disclosure under Section 10 of the Firearm Owners
13    Identification Card Act.
14        (w) Personally identifiable information which is
15    exempted from disclosure under subsection (g) of Section
16    19.1 of the Toll Highway Act.
17        (x) Information which is exempted from disclosure
18    under Section 5-1014.3 of the Counties Code or Section
19    8-11-21 of the Illinois Municipal Code.
20        (y) Confidential information under the Adult
21    Protective Services Act and its predecessor enabling
22    statute, the Elder Abuse and Neglect Act, including
23    information about the identity and administrative finding
24    against any caregiver of a verified and substantiated
25    decision of abuse, neglect, or financial exploitation of
26    an eligible adult maintained in the Registry established

 

 

HB5474- 15 -LRB102 23293 RLC 35444 b

1    under Section 7.5 of the Adult Protective Services Act.
2        (z) Records and information provided to a fatality
3    review team or the Illinois Fatality Review Team Advisory
4    Council under Section 15 of the Adult Protective Services
5    Act.
6        (aa) Information which is exempted from disclosure
7    under Section 2.37 of the Wildlife Code.
8        (bb) Information which is or was prohibited from
9    disclosure by the Juvenile Court Act of 1987.
10        (cc) Recordings made under the Law Enforcement
11    Officer-Worn Body Camera Act, except to the extent
12    authorized under that Act.
13        (dd) Information that is prohibited from being
14    disclosed under Section 45 of the Condominium and Common
15    Interest Community Ombudsperson Act.
16        (ee) Information that is exempted from disclosure
17    under Section 30.1 of the Pharmacy Practice Act.
18        (ff) Information that is exempted from disclosure
19    under the Revised Uniform Unclaimed Property Act.
20        (gg) Information that is prohibited from being
21    disclosed under Section 7-603.5 of the Illinois Vehicle
22    Code.
23        (hh) Records that are exempt from disclosure under
24    Section 1A-16.7 of the Election Code.
25        (ii) Information which is exempted from disclosure
26    under Section 2505-800 of the Department of Revenue Law of

 

 

HB5474- 16 -LRB102 23293 RLC 35444 b

1    the Civil Administrative Code of Illinois.
2        (jj) Information and reports that are required to be
3    submitted to the Department of Labor by registering day
4    and temporary labor service agencies but are exempt from
5    disclosure under subsection (a-1) of Section 45 of the Day
6    and Temporary Labor Services Act.
7        (kk) Information prohibited from disclosure under the
8    Seizure and Forfeiture Reporting Act.
9        (ll) Information the disclosure of which is restricted
10    and exempted under Section 5-30.8 of the Illinois Public
11    Aid Code.
12        (mm) Records that are exempt from disclosure under
13    Section 4.2 of the Crime Victims Compensation Act.
14        (nn) Information that is exempt from disclosure under
15    Section 70 of the Higher Education Student Assistance Act.
16        (oo) Communications, notes, records, and reports
17    arising out of a peer support counseling session
18    prohibited from disclosure under the First Responders
19    Suicide Prevention Act.
20        (pp) Names and all identifying information relating to
21    an employee of an emergency services provider or law
22    enforcement agency under the First Responders Suicide
23    Prevention Act.
24        (qq) Information and records held by the Department of
25    Public Health and its authorized representatives collected
26    under the Reproductive Health Act.

 

 

HB5474- 17 -LRB102 23293 RLC 35444 b

1        (rr) Information that is exempt from disclosure under
2    the Cannabis Regulation and Tax Act.
3        (ss) Data reported by an employer to the Department of
4    Human Rights pursuant to Section 2-108 of the Illinois
5    Human Rights Act.
6        (tt) Recordings made under the Children's Advocacy
7    Center Act, except to the extent authorized under that
8    Act.
9        (uu) Information that is exempt from disclosure under
10    Section 50 of the Sexual Assault Evidence Submission Act.
11        (vv) Information that is exempt from disclosure under
12    subsections (f) and (j) of Section 5-36 of the Illinois
13    Public Aid Code.
14        (ww) Information that is exempt from disclosure under
15    Section 16.8 of the State Treasurer Act.
16        (xx) Information that is exempt from disclosure or
17    information that shall not be made public under the
18    Illinois Insurance Code.
19        (yy) Information prohibited from being disclosed under
20    the Illinois Educational Labor Relations Act.
21        (zz) Information prohibited from being disclosed under
22    the Illinois Public Labor Relations Act.
23        (aaa) Information prohibited from being disclosed
24    under Section 1-167 of the Illinois Pension Code.
25        (bbb) (ccc) Information that is prohibited from
26    disclosure by the Illinois Police Training Act and the

 

 

HB5474- 18 -LRB102 23293 RLC 35444 b

1    Illinois State Police Act.
2        (ccc) (ddd) Records exempt from disclosure under
3    Section 2605-304 of the Illinois Department of State
4    Police Law of the Civil Administrative Code of Illinois.
5        (ddd) (bbb) Information prohibited from being
6    disclosed under Section 35 of the Address Confidentiality
7    for Victims of Domestic Violence, Sexual Assault, Human
8    Trafficking, or Stalking Act.
9        (eee) (ddd) Information prohibited from being
10    disclosed under subsection (b) of Section 75 of the
11    Domestic Violence Fatality Review Act.
12(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
13101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
141-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
15eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
16101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
171-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
18eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
19102-559, eff. 8-20-21; revised 10-5-21.)
 
20    Section 15. The Illinois State Police Law of the Civil
21Administrative Code of Illinois is amended by changing Section
222605-605 as follows:
 
23    (20 ILCS 2605/2605-605)
24    Sec. 2605-605. Violent Crime Intelligence Task Force. The

 

 

HB5474- 19 -LRB102 23293 RLC 35444 b

1Director of the Illinois State Police shall establish a
2statewide multi-jurisdictional Violent Crime Intelligence Task
3Force led by the Illinois State Police dedicated to combating
4gun violence, gun-trafficking, and other violent crime with
5the primary mission of preservation of life and reducing the
6occurrence and the fear of crime. The objectives of the Task
7Force shall include, but not be limited to, reducing and
8preventing illegal possession and use of firearms,
9firearm-related homicides, and other violent crimes, and
10solving firearm-related crimes.
11    (1) The Task Force may develop and acquire information,
12training, tools, and resources necessary to implement a
13data-driven approach to policing, with an emphasis on
14intelligence development.
15    (2) The Task Force may utilize information sharing,
16partnerships, crime analysis, and evidence-based practices to
17assist in the reduction of firearm-related shootings,
18homicides, and gun-trafficking, including, but not limited to,
19ballistic data, eTrace data, DNA evidence, latent
20fingerprints, firearm training data, and National Integrated
21Ballistic Information Network (NIBIN) data. The Task Force may
22design a model crime gun intelligence strategy which may
23include, but is not limited to, comprehensive collection and
24documentation of all ballistic evidence, timely transfer of
25NIBIN and eTrace leads to an intelligence center, which may
26include the Division of Criminal Investigation of the Illinois

 

 

HB5474- 20 -LRB102 23293 RLC 35444 b

1State Police, timely dissemination of intelligence to
2investigators, investigative follow-up, and coordinated
3prosecution.
4    (3) The Task Force may recognize and utilize best
5practices of community policing and may develop potential
6partnerships with faith-based and community organizations to
7achieve its goals.
8    (4) The Task Force may identify and utilize best practices
9in drug-diversion programs and other community-based services
10to redirect low-level offenders.
11    (5) The Task Force may assist in violence suppression
12strategies including, but not limited to, details in
13identified locations that have shown to be the most prone to
14gun violence and violent crime, focused deterrence against
15violent gangs and groups considered responsible for the
16violence in communities, and other intelligence driven methods
17deemed necessary to interrupt cycles of violence or prevent
18retaliation.
19    (6) In consultation with the Chief Procurement Officer,
20the Illinois State Police may obtain contracts for software,
21commodities, resources, and equipment to assist the Task Force
22with achieving this Act. Any contracts necessary to support
23the delivery of necessary software, commodities, resources,
24and equipment are not subject to the Illinois Procurement
25Code, except for Sections 20-60, 20-65, 20-70, and 20-160 and
26Article 50 of that Code, provided that the Chief Procurement

 

 

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1Officer may, in writing with justification, waive any
2certification required under Article 50 of the Illinois
3Procurement Code.
4    (7) The Task Force shall conduct enforcement operations
5against persons whose Firearm Owner's Identification Cards
6have been revoked or suspended and persons who fail to comply
7with the requirements of Section 9.5 of the Firearm Owners
8Identification Card Act, prioritizing individuals presenting a
9clear and present danger to themselves or to others under
10paragraph (2) of subsection (d) of Section 8.1 of the Firearm
11Owners Identification Card Act.
12    (8) The Task Force shall collaborate with local law
13enforcement agencies to enforce provisions of the Firearm
14Owners Identification Card Act, the Firearm Concealed Carry
15Act, the Firearm Dealer License Certification Act, and Article
1624 of the Criminal Code of 2012.
17    (9) To implement this Section, the Director of the
18Illinois State Police may establish intergovernmental
19agreements with law enforcement agencies in accordance with
20the Intergovernmental Cooperation Act.
21    (10) Law enforcement agencies that participate in
22activities described in paragraphs (7) through (9) are
23eligible to receive may apply to the Illinois State Police for
24grants from the State Police Revocation Enforcement Fund
25pursuant to intergovernmental contracts written and executed
26in conformity with the Intergovernmental Cooperation Act. The

 

 

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1Director shall determine a law enforcement agency's
2eligibility to receive such grants under this Act and certify
3to the Comptroller the amount of the grant to be made to each
4designated law enforcement agency.
5(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
6revised 10-4-21.)
 
7    Section 20. The State Finance Act is amended by
8renumbering and changing Section 6z-127 as follows:
 
9    (30 ILCS 105/6z-127)
10    Sec. 6z-127 6z-125. State Police Revocation Enforcement
11Fund.
12    (a) The State Police Revocation Enforcement Fund is
13established as a special fund in the State treasury. This Fund
14is established to receive moneys from the Firearm Owners
15Identification Card Act to enforce that Act, the Firearm
16Concealed Carry Act, Article 24 of the Criminal Code of 2012,
17and other firearm offenses. The Fund may also receive revenue
18from grants, donations, appropriations, and any other legal
19source.
20    (b) The Illinois State Police may use moneys from the Fund
21to establish task forces and, if necessary, include other law
22enforcement agencies, under intergovernmental contracts
23written and executed in conformity with the Intergovernmental
24Cooperation Act.

 

 

HB5474- 23 -LRB102 23293 RLC 35444 b

1    (c) The Illinois State Police may use moneys in the Fund to
2hire and train State Police officers and for the prevention of
3violent crime.
4    (d) The State Police Revocation Enforcement Fund is not
5subject to administrative chargebacks.
6    (e) Law enforcement agencies that participate in Firearm
7Owner's Identification Card revocation enforcement in the
8Violent Crime Intelligence Task Force are eligible to receive
9may apply for grants from the Illinois State Police Revocation
10Enforcement Fund pursuant to intergovernmental contracts
11written and executed in conformity with the Intergovernmental
12Cooperation Act.
13(Source: P.A. 102-237, eff. 1-1-22; revised 11-9-21.)
 
14    Section 25. The Intergovernmental Drug Laws Enforcement
15Act is amended by changing Section 3 as follows:
 
16    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
17    Sec. 3. A Metropolitan Enforcement Group which meets the
18minimum criteria established in this Section is eligible to
19receive State grants to help defray the costs of operation. To
20be eligible a MEG must:
21        (1) Be established and operating pursuant to
22    intergovernmental contracts written and executed in
23    conformity with the Intergovernmental Cooperation Act, and
24    involve 2 or more units of local government.

 

 

HB5474- 24 -LRB102 23293 RLC 35444 b

1        (2) Establish a MEG Policy Board composed of an
2    elected official, or his designee, and the chief law
3    enforcement officer, or his designee, from each
4    participating unit of local government to oversee the
5    operations of the MEG and make such reports to the
6    Illinois State Police as the Illinois State Police may
7    require.
8        (3) Designate a single appropriate elected official of
9    a participating unit of local government to act as the
10    financial officer of the MEG for all participating units
11    of local government and to receive funds for the operation
12    of the MEG.
13        (4) Limit its operations to enforcement of drug laws;
14    enforcement of Sections 10-9, 24-1, 24-1.1, 24-1.2,
15    24-1.2-5, 24-1.5, 24-1.7, 24-1.8, 24-2.1, 24-2.2, 24-3,
16    24-3.1, 24-3.2, 24-3.3, 24-3.4, 24-3.5, 24-3.7, 24-3.8,
17    24-3.9, 24-3A, 24-3B, 24-4, and 24-5 of the Criminal Code
18    of 2012; Sections 2, 3, 6.1, 9.5, and 14 of the Firearm
19    Owners Identification Card Act; and the investigation of
20    streetgang related offenses.
21        (5) Cooperate with the Illinois State Police in order
22    to assure compliance with this Act and to enable the
23    Illinois State Police to fulfill its duties under this
24    Act, and supply the Illinois State Police with all
25    information the Illinois State Police deems necessary
26    therefor.

 

 

HB5474- 25 -LRB102 23293 RLC 35444 b

1        (6) Receive funding of at least 50% of the total
2    operating budget of the MEG from the participating units
3    of local government.
4(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
5revised 10-6-21.)
 
6    Section 30. The Firearm Owners Identification Card Act is
7amended by changing Sections 1.1, 5, 10, and 11 as follows:
 
8    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
9    Sec. 1.1. For purposes of this Act:
10    "Addicted to narcotics" means a person who has been:
11        (1) convicted of an offense involving the use or
12    possession of cannabis, a controlled substance, or
13    methamphetamine within the past year; or
14        (2) determined by the Illinois State Police to be
15    addicted to narcotics based upon federal law or federal
16    guidelines.
17    "Addicted to narcotics" does not include possession or use
18of a prescribed controlled substance under the direction and
19authority of a physician or other person authorized to
20prescribe the controlled substance when the controlled
21substance is used in the prescribed manner.
22    "Adjudicated as a person with a mental disability" means
23the person is the subject of a determination by a court, board,
24commission or other lawful authority that the person, as a

 

 

HB5474- 26 -LRB102 23293 RLC 35444 b

1result of marked subnormal intelligence, or mental illness,
2mental impairment, incompetency, condition, or disease:
3        (1) presents a clear and present danger to himself,
4    herself, or to others;
5        (2) lacks the mental capacity to manage his or her own
6    affairs or is adjudicated a person with a disability as
7    defined in Section 11a-2 of the Probate Act of 1975;
8        (3) is not guilty in a criminal case by reason of
9    insanity, mental disease or defect;
10        (3.5) is guilty but mentally ill, as provided in
11    Section 5-2-6 of the Unified Code of Corrections;
12        (4) is incompetent to stand trial in a criminal case;
13        (5) is not guilty by reason of lack of mental
14    responsibility under Articles 50a and 72b of the Uniform
15    Code of Military Justice, 10 U.S.C. 850a, 876b;
16        (6) is a sexually violent person under subsection (f)
17    of Section 5 of the Sexually Violent Persons Commitment
18    Act;
19        (7) is a sexually dangerous person under the Sexually
20    Dangerous Persons Act;
21        (8) is unfit to stand trial under the Juvenile Court
22    Act of 1987;
23        (9) is not guilty by reason of insanity under the
24    Juvenile Court Act of 1987;
25        (10) is subject to involuntary admission as an
26    inpatient as defined in Section 1-119 of the Mental Health

 

 

HB5474- 27 -LRB102 23293 RLC 35444 b

1    and Developmental Disabilities Code;
2        (11) is subject to involuntary admission as an
3    outpatient as defined in Section 1-119.1 of the Mental
4    Health and Developmental Disabilities Code;
5        (12) is subject to judicial admission as set forth in
6    Section 4-500 of the Mental Health and Developmental
7    Disabilities Code; or
8        (13) is subject to the provisions of the Interstate
9    Agreements on Sexually Dangerous Persons Act.
10    "Board" means the Firearms Safety Review Board.
11    "Clear and present danger" means a person who:
12        (1) communicates a serious threat of physical violence
13    against a reasonably identifiable victim or poses a clear
14    and imminent risk of serious physical injury to himself,
15    herself, or another person as determined by a physician,
16    clinical psychologist, or qualified examiner; or
17        (2) demonstrates threatening physical or verbal
18    behavior, such as violent, suicidal, or assaultive
19    threats, actions, or other behavior, as determined by a
20    physician, clinical psychologist, qualified examiner,
21    school administrator, or law enforcement official.
22    "Clinical psychologist" has the meaning provided in
23Section 1-103 of the Mental Health and Developmental
24Disabilities Code.
25    "Controlled substance" means a controlled substance or
26controlled substance analog as defined in the Illinois

 

 

HB5474- 28 -LRB102 23293 RLC 35444 b

1Controlled Substances Act.
2    "Counterfeit" means to copy or imitate, without legal
3authority, with intent to deceive.
4    "Federally licensed firearm dealer" means a person who is
5licensed as a federal firearms dealer under Section 923 of the
6federal Gun Control Act of 1968 (18 U.S.C. 923).
7    "Firearm" means any device, by whatever name known, which
8is designed to expel a projectile or projectiles by the action
9of an explosion, expansion of gas or escape of gas; excluding,
10however:
11        (1) any pneumatic gun, spring gun, paint ball gun, or
12    B-B gun which expels a single globular projectile not
13    exceeding .18 inch in diameter or which has a maximum
14    muzzle velocity of less than 700 feet per second;
15        (1.1) any pneumatic gun, spring gun, paint ball gun,
16    or B-B gun which expels breakable paint balls containing
17    washable marking colors;
18        (2) any device used exclusively for signaling or
19    safety and required or recommended by the United States
20    Coast Guard or the Interstate Commerce Commission;
21        (3) any device used exclusively for the firing of stud
22    cartridges, explosive rivets or similar industrial
23    ammunition; and
24        (4) an antique firearm (other than a machine-gun)
25    which, although designed as a weapon, the Illinois State
26    Police finds by reason of the date of its manufacture,

 

 

HB5474- 29 -LRB102 23293 RLC 35444 b

1    value, design, and other characteristics is primarily a
2    collector's item and is not likely to be used as a weapon.
3    "Firearm ammunition" means any self-contained cartridge or
4shotgun shell, by whatever name known, which is designed to be
5used or adaptable to use in a firearm; excluding, however:
6        (1) any ammunition exclusively designed for use with a
7    device used exclusively for signaling signalling or safety
8    and required or recommended by the United States Coast
9    Guard or the Interstate Commerce Commission; and
10        (2) any ammunition designed exclusively for use with a
11    stud or rivet driver or other similar industrial
12    ammunition.
13    "Gun show" means an event or function:
14        (1) at which the sale and transfer of firearms is the
15    regular and normal course of business and where 50 or more
16    firearms are displayed, offered, or exhibited for sale,
17    transfer, or exchange; or
18        (2) at which not less than 10 gun show vendors
19    display, offer, or exhibit for sale, sell, transfer, or
20    exchange firearms.
21    "Gun show" includes the entire premises provided for an
22event or function, including parking areas for the event or
23function, that is sponsored to facilitate the purchase, sale,
24transfer, or exchange of firearms as described in this
25Section. Nothing in this definition shall be construed to
26exclude a gun show held in conjunction with competitive

 

 

HB5474- 30 -LRB102 23293 RLC 35444 b

1shooting events at the World Shooting Complex sanctioned by a
2national governing body in which the sale or transfer of
3firearms is authorized under subparagraph (5) of paragraph (g)
4of subsection (A) of Section 24-3 of the Criminal Code of 2012.
5    Unless otherwise expressly stated, "gun show" does not
6include training or safety classes, competitive shooting
7events, such as rifle, shotgun, or handgun matches, trap,
8skeet, or sporting clays shoots, dinners, banquets, raffles,
9or any other event where the sale or transfer of firearms is
10not the primary course of business.
11    "Gun show promoter" means a person who organizes or
12operates a gun show.
13    "Gun show vendor" means a person who exhibits, sells,
14offers for sale, transfers, or exchanges any firearms at a gun
15show, regardless of whether the person arranges with a gun
16show promoter for a fixed location from which to exhibit,
17sell, offer for sale, transfer, or exchange any firearm.
18    "Involuntarily admitted" has the meaning as prescribed in
19Sections 1-119 and 1-119.1 of the Mental Health and
20Developmental Disabilities Code.
21    "Mental health facility" means any licensed private
22hospital or hospital affiliate, institution, or facility, or
23part thereof, and any facility, or part thereof, operated by
24the State or a political subdivision thereof which provides
25provide treatment of persons with mental illness and includes
26all hospitals, institutions, clinics, evaluation facilities,

 

 

HB5474- 31 -LRB102 23293 RLC 35444 b

1mental health centers, colleges, universities, long-term care
2facilities, and nursing homes, or parts thereof, which provide
3treatment of persons with mental illness whether or not the
4primary purpose is to provide treatment of persons with mental
5illness.
6    "National governing body" means a group of persons who
7adopt rules and formulate policy on behalf of a national
8firearm sporting organization.
9    "Patient" means:
10        (1) a person who is admitted as an inpatient or
11    resident of a public or private mental health facility for
12    mental health treatment under Chapter III of the Mental
13    Health and Developmental Disabilities Code as an informal
14    admission, a voluntary admission, a minor admission, an
15    emergency admission, or an involuntary admission, unless
16    the treatment was solely for an alcohol abuse disorder; or
17        (2) a person who voluntarily or involuntarily receives
18    mental health treatment as an out-patient or is otherwise
19    provided services by a public or private mental health
20    facility, and who poses a clear and present danger to
21    himself, herself, or to others.
22    "Person with a developmental disability" means a person
23with a disability which is attributable to any other condition
24which results in impairment similar to that caused by an
25intellectual disability and which requires services similar to
26those required by persons with intellectual disabilities. The

 

 

HB5474- 32 -LRB102 23293 RLC 35444 b

1disability must originate before the age of 18 years, be
2expected to continue indefinitely, and constitute a
3substantial disability. This disability results, in the
4professional opinion of a physician, clinical psychologist, or
5qualified examiner, in significant functional limitations in 3
6or more of the following areas of major life activity:
7        (i) self-care;
8        (ii) receptive and expressive language;
9        (iii) learning;
10        (iv) mobility; or
11        (v) self-direction.
12    "Person with an intellectual disability" means a person
13with a significantly subaverage general intellectual
14functioning which exists concurrently with impairment in
15adaptive behavior and which originates before the age of 18
16years.
17    "Physician" has the meaning as defined in Section 1-120 of
18the Mental Health and Developmental Disabilities Code.
19    "Protective order" means any orders of protection issued
20under the Illinois Domestic Violence Act of 1986, stalking no
21contact orders issued under the Stalking No Contact Order Act,
22civil no contact orders issued under the Civil No Contact
23Order Act, and firearms restraining orders issued under the
24Firearms Restraining Order Act.
25    "Qualified examiner" has the meaning provided in Section
261-122 of the Mental Health and Developmental Disabilities

 

 

HB5474- 33 -LRB102 23293 RLC 35444 b

1Code.
2    "Sanctioned competitive shooting event" means a shooting
3contest officially recognized by a national or state shooting
4sport association, and includes any sight-in or practice
5conducted in conjunction with the event.
6    "School administrator" means the person required to report
7under the School Administrator Reporting of Mental Health
8Clear and Present Danger Determinations Law.
9    "Stun gun or taser" has the meaning ascribed to it in
10Section 24-1 of the Criminal Code of 2012.
11(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
12revised 10-6-21.)
 
13    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
14    Sec. 5. Application and renewal.
15    (a) The Illinois State Police shall either approve or deny
16all applications within 30 days from the date they are
17received, except as provided in subsections (b) and (c), and
18every applicant found qualified under Section 8 of this Act by
19the Illinois State Police Department shall be entitled to a
20Firearm Owner's Identification Card upon the payment of a $10
21fee and applicable processing fees. The processing fees shall
22be limited to charges by the State Treasurer for using the
23electronic online payment system. Any applicant who is an
24active duty member of the Armed Forces of the United States, a
25member of the Illinois National Guard, or a member of the

 

 

HB5474- 34 -LRB102 23293 RLC 35444 b

1Reserve Forces of the United States is exempt from the
2application fee. $5 of each fee derived from the issuance of a
3Firearm Owner's Identification Card or renewals, thereof,
4shall be deposited in the State Police Firearm Services Fund
5and $5 into the State Police Revocation Enforcement Fund.
6    (b) Renewal applications shall be approved or denied
7within 60 business days, provided the applicant submitted his
8or her renewal application prior to the expiration of his or
9her Firearm Owner's Identification Card. If a renewal
10application has been submitted prior to the expiration date of
11the applicant's Firearm Owner's Identification Card, the
12Firearm Owner's Identification Card shall remain valid while
13the Illinois State Police Department processes the
14application, unless the person is subject to or becomes
15subject to revocation under this Act. The cost for a renewal
16application shall be $10, and may include applicable
17processing fees, which shall be limited to charges by the
18State Treasurer for using the electronic online payment
19system, which shall be deposited into the State Police Firearm
20Services Fund.
21    (c) If the Firearm Owner's Identification Card of a
22licensee under the Firearm Concealed Carry Act expires during
23the term of the licensee's concealed carry license, the
24Firearm Owner's Identification Card and the license remain
25valid and the licensee does not have to renew his or her
26Firearm Owner's Identification Card during the duration of the

 

 

HB5474- 35 -LRB102 23293 RLC 35444 b

1concealed carry license. Unless the Illinois State Police has
2reason to believe the licensee is no longer eligible for the
3card, the Illinois State Police may automatically renew the
4licensee's Firearm Owner's Identification Card and send a
5renewed Firearm Owner's Identification Card to the licensee.
6    (d) The Illinois State Police may adopt rules concerning
7the use of voluntarily submitted fingerprints, as allowed by
8State and federal law.
9(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
10revised 10-13-21.)
 
11    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
12    Sec. 10. Appeals; hearing; relief from firearm
13prohibitions.
14    (a) Whenever an application for a Firearm Owner's
15Identification Card is denied or whenever such a Card is
16revoked or seized as provided for in Section 8 of this Act, the
17aggrieved party may (1) file a record challenge with the
18Director regarding the record upon which the decision to deny
19or revoke the Firearm Owner's Identification Card was based
20under subsection (a-5); or (2) appeal to the Director of the
21Illinois State Police through December 31, 2022, or beginning
22January 1, 2023, the Firearm Owner's Identification Card
23Review Board for a hearing seeking relief from such denial or
24revocation unless the denial or revocation was based upon a
25forcible felony, stalking, aggravated stalking, domestic

 

 

HB5474- 36 -LRB102 23293 RLC 35444 b

1battery, any violation of the Illinois Controlled Substances
2Act, the Methamphetamine Control and Community Protection Act,
3or the Cannabis Control Act that is classified as a Class 2 or
4greater felony, any felony violation of Article 24 of the
5Criminal Code of 1961 or the Criminal Code of 2012, or any
6adjudication as a delinquent minor for the commission of an
7offense that if committed by an adult would be a felony, in
8which case the aggrieved party may petition the circuit court
9in writing in the county of his or her residence for a hearing
10seeking relief from such denial or revocation.
11    (a-5) There is created a Firearms Safety Review Firearm
12Owner's Identification Card Review Board within the Illinois
13State Police to consider any appeal under subsection (a)
14beginning January 1, 2023, other than an appeal directed to
15the circuit court and except when the applicant is challenging
16the record upon which the decision to deny or revoke was based
17as provided in subsection (a-10). The Board shall also assume
18all duties, powers, rights, and responsibilities of the former
19Concealed Carry Licensing Review Board under the Firearm
20Concealed Carry Act, including but not limited to, the
21consideration of any objections submitted under Section 15 of
22the Firearm Concealed Carry Act.
23        (0.05) In furtherance of the policy of this Act that
24    the Board shall exercise its powers and duties in an
25    independent manner, subject to the provisions of this Act
26    but free from the direction, control, or influence of any

 

 

HB5474- 37 -LRB102 23293 RLC 35444 b

1    other agency or department of State government. All
2    expenses and liabilities incurred by the Board in the
3    performance of its responsibilities hereunder shall be
4    paid from funds which shall be appropriated to the
5    Illinois State Police Board by the General Assembly for
6    the ordinary and contingent expenses of the Board.
7        (1) The Board shall consist of 7 members appointed by
8    the Governor, with the advice and consent of the Senate,
9    with 3 members residing within the First Judicial District
10    and one member residing within each of the 4 remaining
11    Judicial Districts. No more than 4 members shall be
12    members of the same political party. The Governor shall
13    designate one member as the chairperson. The Board shall
14    consist of:
15            (A) one member with at least 5 years of service as
16        a federal or State judge;
17            (B) one member with at least 5 years of experience
18        serving as an attorney with the United States
19        Department of Justice, or as a State's Attorney or
20        Assistant State's Attorney;
21            (C) one member with at least 5 years of experience
22        serving as a State or federal public defender or
23        assistant public defender;
24            (D) three members with at least 5 years of
25        experience as a federal, State, or local law
26        enforcement agent or as an employee with investigative

 

 

HB5474- 38 -LRB102 23293 RLC 35444 b

1        experience or duties related to criminal justice under
2        the United States Department of Justice, Drug
3        Enforcement Administration, Department of Homeland
4        Security, Federal Bureau of Investigation, or a State
5        or local law enforcement agency; and
6            (E) one member with at least 5 years of experience
7        as a licensed physician or clinical psychologist with
8        expertise in the diagnosis and treatment of mental
9        illness.
10        (2) The terms of the members initially appointed after
11    January 1, 2022 (the effective date of Public Act 102-237)
12    this amendatory Act of the 102nd General Assembly shall be
13    as follows: one of the initial members shall be appointed
14    for a term of one year, 3 shall be appointed for terms of 2
15    years, and 3 shall be appointed for terms of 4 years.
16    Thereafter, members shall hold office for 4 years, with
17    terms expiring on the second Monday in January immediately
18    following the expiration of their terms and every 4 years
19    thereafter. Members may be reappointed. Vacancies in the
20    office of member shall be filled in the same manner as the
21    original appointment, for the remainder of the unexpired
22    term. The Governor may remove a member for incompetence,
23    neglect of duty, malfeasance, or inability to serve.
24    Members shall receive compensation in an amount equal to
25    the compensation of members of the Executive Ethics
26    Commission and may be reimbursed, from funds appropriated

 

 

HB5474- 39 -LRB102 23293 RLC 35444 b

1    for such a purpose, for reasonable expenses actually
2    incurred in the performance of their Board duties. The
3    Illinois State Police shall designate an employee to serve
4    as Executive Director of the Board and provide logistical
5    and administrative assistance to the Board.
6        (3) The Board shall meet at least quarterly each year
7    and at the call of the chairperson as often as necessary to
8    consider appeals of decisions made with respect to
9    applications for a Firearm Owner's Identification Card
10    under this Act. If necessary to ensure the participation
11    of a member, the Board shall allow a member to participate
12    in a Board meeting by electronic communication. Any member
13    participating electronically shall be deemed present for
14    purposes of establishing a quorum and voting.
15        (4) The Board shall adopt rules for the review of
16    appeals and the conduct of hearings. The Board shall
17    maintain a record of its decisions and all materials
18    considered in making its decisions. All Board decisions
19    and voting records shall be kept confidential and all
20    materials considered by the Board shall be exempt from
21    inspection except upon order of a court.
22        (5) In considering an appeal, the Board shall review
23    the materials received concerning the denial or revocation
24    by the Illinois State Police. By a vote of at least 4
25    members, the Board may request additional information from
26    the Illinois State Police or the applicant or the

 

 

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1    testimony of the Illinois State Police or the applicant.
2    The Board may request require that the applicant submit
3    electronic fingerprints to the Illinois State Police for
4    an updated background check if the Board determines it
5    lacks sufficient information to determine eligibility. The
6    Board may consider information submitted by the Illinois
7    State Police, a law enforcement agency, or the applicant.
8    The Board shall review each denial or revocation and
9    determine by a majority of members whether an applicant
10    should be granted relief under subsection (c).
11        (6) The Board shall by order issue summary decisions.
12    The Board shall issue a decision within 45 days of
13    receiving all completed appeal documents from the Illinois
14    State Police and the applicant. However, the Board need
15    not issue a decision within 45 days if:
16            (A) the Board requests information from the
17        applicant, including, but not limited to, electronic
18        fingerprints to be submitted to the Illinois State
19        Police, in accordance with paragraph (5) of this
20        subsection, in which case the Board shall make a
21        decision within 30 days of receipt of the required
22        information from the applicant;
23            (B) the applicant agrees, in writing, to allow the
24        Board additional time to consider an appeal; or
25            (C) the Board notifies the applicant and the
26        Illinois State Police that the Board needs an

 

 

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1        additional 30 days to issue a decision. The Board may
2        only issue 2 extensions under this subparagraph (C).
3        The Board's notification to the applicant and the
4        Illinois State Police shall include an explanation for
5        the extension.
6        (7) If the Board determines that the applicant is
7    eligible for relief under subsection (c), the Board shall
8    notify the applicant and the Illinois State Police that
9    relief has been granted and the Illinois State Police
10    shall issue the Card.
11        (8) Meetings of the Board shall not be subject to the
12    Open Meetings Act and records of the Board shall not be
13    subject to the Freedom of Information Act.
14        (9) The Board shall report monthly to the Governor and
15    the General Assembly on the number of appeals received and
16    provide details of the circumstances in which the Board
17    has determined to deny Firearm Owner's Identification
18    Cards under this subsection (a-5). The report shall not
19    contain any identifying information about the applicants.
20    (a-10) Whenever an applicant or cardholder is not seeking
21relief from a firearms prohibition under subsection (c) but
22rather does not believe the applicant is appropriately denied
23or revoked and is challenging the record upon which the
24decision to deny or revoke the Firearm Owner's Identification
25Card was based, or whenever the Illinois State Police fails to
26act on an application within 30 days of its receipt, the

 

 

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1applicant shall file such challenge with the Director. The
2Director shall render a decision within 60 business days of
3receipt of all information supporting the challenge. The
4Illinois State Police shall adopt rules for the review of a
5record challenge.
6    (b) At least 30 days before any hearing in the circuit
7court, the petitioner shall serve the relevant State's
8Attorney with a copy of the petition. The State's Attorney may
9object to the petition and present evidence. At the hearing,
10the court shall determine whether substantial justice has been
11done. Should the court determine that substantial justice has
12not been done, the court shall issue an order directing the
13Illinois State Police to issue a Card. However, the court
14shall not issue the order if the petitioner is otherwise
15prohibited from obtaining, possessing, or using a firearm
16under federal law.
17    (c) Any person prohibited from possessing a firearm under
18Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
19acquiring a Firearm Owner's Identification Card under Section
208 of this Act may apply to the Firearm Owner's Identification
21Card Review Board the Illinois or petition the circuit court
22in the county where the petitioner resides, whichever is
23applicable in accordance with subsection (a) of this Section,
24requesting relief from such prohibition and the Board or court
25may grant such relief if it is established by the applicant to
26the court's or the Board's satisfaction that:

 

 

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1        (0.05) when in the circuit court, the State's Attorney
2    has been served with a written copy of the petition at
3    least 30 days before any such hearing in the circuit court
4    and at the hearing the State's Attorney was afforded an
5    opportunity to present evidence and object to the
6    petition;
7        (1) the applicant has not been convicted of a forcible
8    felony under the laws of this State or any other
9    jurisdiction within 20 years of the applicant's
10    application for a Firearm Owner's Identification Card, or
11    at least 20 years have passed since the end of any period
12    of imprisonment imposed in relation to that conviction;
13        (2) the circumstances regarding a criminal conviction,
14    where applicable, the applicant's criminal history and his
15    reputation are such that the applicant will not be likely
16    to act in a manner dangerous to public safety;
17        (3) granting relief would not be contrary to the
18    public interest; and
19        (4) granting relief would not be contrary to federal
20    law.
21    (c-5) (1) An active law enforcement officer employed by a
22unit of government or a Department of Corrections employee
23authorized to possess firearms who is denied, revoked, or has
24his or her Firearm Owner's Identification Card seized under
25subsection (e) of Section 8 of this Act may apply to the
26Firearm Owner's Identification Card Review Board the Illinois

 

 

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1requesting relief if the officer or employee did not act in a
2manner threatening to the officer or employee, another person,
3or the public as determined by the treating clinical
4psychologist or physician, and as a result of his or her work
5is referred by the employer for or voluntarily seeks mental
6health evaluation or treatment by a licensed clinical
7psychologist, psychiatrist, or qualified examiner, and:
8        (A) the officer or employee has not received treatment
9    involuntarily at a mental health facility, regardless of
10    the length of admission; or has not been voluntarily
11    admitted to a mental health facility for more than 30 days
12    and not for more than one incident within the past 5 years;
13    and
14        (B) the officer or employee has not left the mental
15    institution against medical advice.
16    (2) The Firearm Owner's Identification Card Review Board
17the Illinois shall grant expedited relief to active law
18enforcement officers and employees described in paragraph (1)
19of this subsection (c-5) upon a determination by the Board
20that the officer's or employee's possession of a firearm does
21not present a threat to themselves, others, or public safety.
22The Board shall act on the request for relief within 30
23business days of receipt of:
24        (A) a notarized statement from the officer or employee
25    in the form prescribed by the Board detailing the
26    circumstances that led to the hospitalization;

 

 

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1        (B) all documentation regarding the admission,
2    evaluation, treatment and discharge from the treating
3    licensed clinical psychologist or psychiatrist of the
4    officer;
5        (C) a psychological fitness for duty evaluation of the
6    person completed after the time of discharge; and
7        (D) written confirmation in the form prescribed by the
8    Board from the treating licensed clinical psychologist or
9    psychiatrist that the provisions set forth in paragraph
10    (1) of this subsection (c-5) have been met, the person
11    successfully completed treatment, and their professional
12    opinion regarding the person's ability to possess
13    firearms.
14    (3) Officers and employees eligible for the expedited
15relief in paragraph (2) of this subsection (c-5) have the
16burden of proof on eligibility and must provide all
17information required. The Board may not consider granting
18expedited relief until the proof and information is received.
19    (4) "Clinical psychologist", "psychiatrist", and
20"qualified examiner" shall have the same meaning as provided
21in Chapter I of the Mental Health and Developmental
22Disabilities Code.
23    (c-10) (1) An applicant, who is denied, revoked, or has
24his or her Firearm Owner's Identification Card seized under
25subsection (e) of Section 8 of this Act based upon a
26determination of a developmental disability or an intellectual

 

 

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1disability may apply to the Firearm Owner's Identification
2Card Review Board the Illinois requesting relief.
3    (2) The Board shall act on the request for relief within 60
4business days of receipt of written certification, in the form
5prescribed by the Board, from a physician or clinical
6psychologist, or qualified examiner, that the aggrieved
7party's developmental disability or intellectual disability
8condition is determined by a physician, clinical psychologist,
9or qualified to be mild. If a fact-finding conference is
10scheduled to obtain additional information concerning the
11circumstances of the denial or revocation, the 60 business
12days the Director has to act shall be tolled until the
13completion of the fact-finding conference.
14    (3) The Board may grant relief if the aggrieved party's
15developmental disability or intellectual disability is mild as
16determined by a physician, clinical psychologist, or qualified
17examiner and it is established by the applicant to the Board's
18satisfaction that:
19        (A) granting relief would not be contrary to the
20    public interest; and
21        (B) granting relief would not be contrary to federal
22    law.
23    (4) The Board may not grant relief if the condition is
24determined by a physician, clinical psychologist, or qualified
25examiner to be moderate, severe, or profound.
26    (5) The changes made to this Section by Public Act 99-29

 

 

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1apply to requests for relief pending on or before July 10, 2015
2(the effective date of Public Act 99-29), except that the
360-day period for the Director to act on requests pending
4before the effective date shall begin on July 10, 2015 (the
5effective date of Public Act 99-29). All appeals as provided
6in subsection (a-5), pending on January 1, 2023, shall be
7considered by the Board.
8    (d) When a minor is adjudicated delinquent for an offense
9which if committed by an adult would be a felony, the court
10shall notify the Illinois State Police.
11    (e) The court shall review the denial of an application or
12the revocation of a Firearm Owner's Identification Card of a
13person who has been adjudicated delinquent for an offense that
14if committed by an adult would be a felony if an application
15for relief has been filed at least 10 years after the
16adjudication of delinquency and the court determines that the
17applicant should be granted relief from disability to obtain a
18Firearm Owner's Identification Card. If the court grants
19relief, the court shall notify the Illinois State Police that
20the disability has been removed and that the applicant is
21eligible to obtain a Firearm Owner's Identification Card.
22    (f) Any person who is subject to the disabilities of 18
23U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
24of 1968 because of an adjudication or commitment that occurred
25under the laws of this State or who was determined to be
26subject to the provisions of subsections (e), (f), or (g) of

 

 

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1Section 8 of this Act may apply to the Illinois State Police
2requesting relief from that prohibition. The Board shall grant
3the relief if it is established by a preponderance of the
4evidence that the person will not be likely to act in a manner
5dangerous to public safety and that granting relief would not
6be contrary to the public interest. In making this
7determination, the Board shall receive evidence concerning (i)
8the circumstances regarding the firearms disabilities from
9which relief is sought; (ii) the petitioner's mental health
10and criminal history records, if any; (iii) the petitioner's
11reputation, developed at a minimum through character witness
12statements, testimony, or other character evidence; and (iv)
13changes in the petitioner's condition or circumstances since
14the disqualifying events relevant to the relief sought. If
15relief is granted under this subsection or by order of a court
16under this Section, the Director shall as soon as practicable
17but in no case later than 15 business days, update, correct,
18modify, or remove the person's record in any database that the
19Illinois State Police makes available to the National Instant
20Criminal Background Check System and notify the United States
21Attorney General that the basis for the record being made
22available no longer applies. The Illinois State Police shall
23adopt rules for the administration of this Section.
24(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
25102-645, eff. 1-1-22; revised 10-15-21.)
 

 

 

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1    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
2    Sec. 11. Judicial review of final administrative
3decisions.
4    (a) All final administrative decisions of the Firearm
5Owner's Identification Card Review Board under this Act,
6except final administrative decisions of the Firearm Owner's
7Identification Card Review Board the Illinois to deny a
8person's application for relief under subsection (f) of
9Section 10 of this Act, shall be subject to judicial review
10under the provisions of the Administrative Review Law, and all
11amendments and modifications thereof, and the rules adopted
12pursuant thereto. The term "administrative decision" is
13defined as in Section 3-101 of the Code of Civil Procedure.
14    (b) Any final administrative decision by the Firearm
15Owner's Identification Card Review Board the Illinois to deny
16a person's application for relief under subsection (f) of
17Section 10 of this Act is subject to de novo judicial review by
18the circuit court, and any party may offer evidence that is
19otherwise proper and admissible without regard to whether that
20evidence is part of the administrative record.
21    (c) The Illinois State Police shall submit a report to the
22General Assembly on or before March 1, 2023 and the Firearm
23Owner's Identification Card Review Board the Illinois shall
24submit a report to the General Assembly on or before March 1 of
25each year, beginning March 1, 2024 1991, listing all final
26decisions by a court of this State upholding, reversing, or

 

 

HB5474- 50 -LRB102 23293 RLC 35444 b

1reversing in part any administrative decision made by the
2Illinois State Police or the Board.
3(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
4revised 11-2-21.)
 
5    Section 35. The Firearm Concealed Carry Act is amended by
6changing Sections 5, 10, 20, 60, 66, and 87 as follows:
 
7    (430 ILCS 66/5)
8    Sec. 5. Definitions. As used in this Act:
9    "Applicant" means a person who is applying for a license
10to carry a concealed firearm under this Act.
11    "Board" means the Firearms Safety Review Board Concealed
12Carry Licensing Review Board.
13    "Concealed firearm" means a loaded or unloaded handgun
14carried on or about a person completely or mostly concealed
15from view of the public or on or about a person within a
16vehicle.
17    "Director" means the Director of the Illinois State
18Police.
19    "Handgun" means any device which is designed to expel a
20projectile or projectiles by the action of an explosion,
21expansion of gas, or escape of gas that is designed to be held
22and fired by the use of a single hand. "Handgun" does not
23include:
24        (1) a stun gun or taser;

 

 

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1        (2) a machine gun as defined in item (i) of paragraph
2    (7) of subsection (a) of Section 24-1 of the Criminal Code
3    of 2012;
4        (3) a short-barreled rifle or shotgun as defined in
5    item (ii) of paragraph (7) of subsection (a) of Section
6    24-1 of the Criminal Code of 2012; or
7        (4) any pneumatic gun, spring gun, paint ball gun, or
8    B-B gun which expels a single globular projectile not
9    exceeding .18 inch in diameter, or which has a maximum
10    muzzle velocity of less than 700 feet per second, or which
11    expels breakable paint balls containing washable marking
12    colors.
13    "Law enforcement agency" means any federal, State, or
14local law enforcement agency, including offices of State's
15Attorneys and the Office of the Attorney General.
16    "License" means a license issued by the Illinois State
17Police to carry a concealed handgun.
18    "Licensee" means a person issued a license to carry a
19concealed handgun.
20    "Municipality" has the meaning ascribed to it in Section 1
21of Article VII of the Illinois Constitution.
22    "Unit of local government" has the meaning ascribed to it
23in Section 1 of Article VII of the Illinois Constitution.
24(Source: P.A. 102-538, eff. 8-20-21.)
 
25    (430 ILCS 66/10)

 

 

HB5474- 52 -LRB102 23293 RLC 35444 b

1    Sec. 10. Issuance of licenses to carry a concealed
2firearm.
3    (a) The Illinois State Police shall issue a license to
4carry a concealed firearm under this Act to an applicant who:
5        (1) meets the qualifications of Section 25 of this
6    Act;
7        (2) has provided the application and documentation
8    required in Section 30 of this Act;
9        (3) has submitted the requisite fees; and
10        (4) does not pose a danger to himself, herself, or
11    others, or a threat to public safety as determined by the
12    Concealed Carry Licensing Review Board in accordance with
13    Section 20.
14    (b) The Illinois State Police shall issue a renewal,
15corrected, or duplicate license as provided in this Act.
16    (c) A license shall be valid throughout the State for a
17period of 5 years from the date of issuance. A license shall
18permit the licensee to:
19        (1) carry a loaded or unloaded concealed firearm,
20    fully concealed or partially concealed, on or about his or
21    her person; and
22        (2) keep or carry a loaded or unloaded concealed
23    firearm on or about his or her person within a vehicle.
24    (d) The Illinois State Police shall make applications for
25a license available no later than 180 days after July 9, 2013
26(the effective date of this Act). The Illinois State Police

 

 

HB5474- 53 -LRB102 23293 RLC 35444 b

1shall establish rules for the availability and submission of
2applications in accordance with this Act.
3    (e) An application for a license submitted to the Illinois
4State Police that contains all the information and materials
5required by this Act, including the requisite fee, shall be
6deemed completed. Except as otherwise provided in this Act, no
7later than 90 days after receipt of a completed application,
8the Illinois State Police shall issue or deny the applicant a
9license. The Illinois State Police shall notify the applicant
10for a concealed carry license, electronically, to confirm if
11all the required information and materials have been received.
12If an applicant for a concealed carry license submits his or
13her application electronically, the Illinois State Police
14shall notify the applicant electronically if his or her
15application is missing information or materials.
16    (f) The Illinois State Police shall deny the applicant a
17license if the applicant fails to meet the requirements under
18this Act or the Illinois State Police receives a determination
19from the Board that the applicant is ineligible for a license.
20The Illinois State Police must notify the applicant stating
21the grounds for the denial. The notice of denial must inform
22the applicant of his or her right to an appeal through
23administrative and judicial review.
24    (g) A licensee shall possess a license at all times the
25licensee carries a concealed firearm except:
26        (1) when the licensee is carrying or possessing a

 

 

HB5474- 54 -LRB102 23293 RLC 35444 b

1    concealed firearm on his or her land or in his or her
2    abode, legal dwelling, or fixed place of business, or on
3    the land or in the legal dwelling of another person as an
4    invitee with that person's permission;
5        (2) when the person is authorized to carry a firearm
6    under Section 24-2 of the Criminal Code of 2012, except
7    subsection (a-5) of that Section; or
8        (3) when the handgun is broken down in a
9    non-functioning state, is not immediately accessible, or
10    is unloaded and enclosed in a case.
11    (h) If an officer of a law enforcement agency initiates an
12investigative stop, including, but not limited to, a traffic
13stop, of a licensee or a non-resident carrying a concealed
14firearm under subsection (e) of Section 40 of this Act, upon
15the request of the officer the licensee or non-resident shall
16disclose to the officer that he or she is in possession of a
17concealed firearm under this Act, or present the license upon
18the request of the officer if he or she is a licensee or
19present upon the request of the officer evidence under
20paragraph (2) of subsection (e) of Section 40 of this Act that
21he or she is a non-resident qualified to carry under that
22subsection. The disclosure requirement under this subsection
23(h) is satisfied if the licensee presents his or her license to
24the officer or the non-resident presents to the officer
25evidence under paragraph (2) of subsection (e) of Section 40
26of this Act that he or she is qualified to carry under that

 

 

HB5474- 55 -LRB102 23293 RLC 35444 b

1subsection. Upon the request of the officer, the licensee or
2non-resident shall also identify the location of the concealed
3firearm and permit the officer to safely secure the firearm
4for the duration of the investigative stop. During a traffic
5stop, any passenger within the vehicle who is a licensee or a
6non-resident carrying under subsection (e) of Section 40 of
7this Act must comply with the requirements of this subsection
8(h).
9    (h-1) If a licensee carrying a firearm or a non-resident
10carrying a firearm in a vehicle under subsection (e) of
11Section 40 of this Act is contacted by a law enforcement
12officer or emergency services personnel, the law enforcement
13officer or emergency services personnel may secure the firearm
14or direct that it be secured during the duration of the contact
15if the law enforcement officer or emergency services personnel
16determines that it is necessary for the safety of any person
17present, including the law enforcement officer or emergency
18services personnel. The licensee or nonresident shall submit
19to the order to secure the firearm. When the law enforcement
20officer or emergency services personnel have determined that
21the licensee or non-resident is not a threat to the safety of
22any person present, including the law enforcement officer or
23emergency services personnel, and if the licensee or
24non-resident is physically and mentally capable of possessing
25the firearm, the law enforcement officer or emergency services
26personnel shall return the firearm to the licensee or

 

 

HB5474- 56 -LRB102 23293 RLC 35444 b

1non-resident before releasing him or her from the scene and
2breaking contact. If the licensee or non-resident is
3transported for treatment to another location, the firearm
4shall be turned over to any peace officer. The peace officer
5shall provide a receipt which includes the make, model,
6caliber, and serial number of the firearm.
7    (i) The Illinois State Police shall maintain a database of
8license applicants and licensees. The database shall be
9available to all federal, State, and local law enforcement
10agencies, State's Attorneys, the Attorney General, and
11authorized court personnel. Within 180 days after July 9, 2013
12(the effective date of this Act), the database shall be
13searchable and provide all information included in the
14application, including the applicant's previous addresses
15within the 10 years prior to the license application and any
16information related to violations of this Act. No law
17enforcement agency, State's Attorney, Attorney General, or
18member or staff of the judiciary shall provide any information
19to a requester who is not entitled to it by law.
20    (j) No later than 10 days after receipt of a completed
21application, the Illinois State Police shall enter the
22relevant information about the applicant into the database
23under subsection (i) of this Section which is accessible by
24law enforcement agencies.
25    (k) The Illinois State Police shall continuously monitor
26relevant State and federal databases for firearms prohibitors

 

 

HB5474- 57 -LRB102 23293 RLC 35444 b

1as allowed by State and federal law and correlate those
2records with concealed carry license holders to ensure
3compliance with this Act, or State and federal law. The
4Illinois State Police may adopt rules to implement this
5subsection.
6(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
7revised 10-13-21.)
 
8    (430 ILCS 66/20)
9    Sec. 20. Concealed Carry Licensing Review Board.
10    (a) On January 1, 2023, the Concealed Carry Licensing
11Review Board created under this Section is abolished and the
12terms of all commissioners then serving are ended. The duties,
13powers, rights, and responsibilities of the former Concealed
14Carry Licensing Review Board, including, but not limited to,
15the consideration of any objection to an applicant's
16eligibility to obtain a license under this Act submitted by a
17law enforcement agency or the Illinois State Police under
18Section 15 of this Act, shall be performed on and after January
191, 2023 by the Firearms Safety Review Board created under
20Section 10 of the Firearm Owners Identification Card Act.
21There is hereby created within the Illinois State Police a
22Concealed Carry Licensing Review Board to consider any
23objection to an applicant's eligibility to obtain a license
24under this Act submitted by a law enforcement agency or the
25Illinois State Police under Section 15 of this Act. The Board

 

 

HB5474- 58 -LRB102 23293 RLC 35444 b

1shall consist of 7 commissioners to be appointed by the
2Governor, with the advice and consent of the Senate, with 3
3commissioners residing within the First Judicial District and
4one commissioner residing within each of the 4 remaining
5Judicial Districts. No more than 4 commissioners shall be
6members of the same political party. The Governor shall
7designate one commissioner as the Chairperson. The Board shall
8consist of:
9        (1) one commissioner with at least 5 years of service
10    as a federal judge;
11        (2) 2 commissioners with at least 5 years of
12    experience serving as an attorney with the United States
13    Department of Justice;
14        (3) 3 commissioners with at least 5 years of
15    experience as a federal agent or employee with
16    investigative experience or duties related to criminal
17    justice under the United States Department of Justice,
18    Drug Enforcement Administration, Department of Homeland
19    Security, or Federal Bureau of Investigation; and
20        (4) one member with at least 5 years of experience as a
21    licensed physician or clinical psychologist with expertise
22    in the diagnosis and treatment of mental illness.
23    (b) (Blank). The initial terms of the commissioners shall
24end on January 12, 2015. Notwithstanding any provision in this
25Section to the contrary, the term of office of each
26commissioner of the Concealed Carry Licensing Review Board is

 

 

HB5474- 59 -LRB102 23293 RLC 35444 b

1abolished on the effective date of this amendatory Act of the
2102nd General Assembly. The terms of the commissioners
3appointed on or after the effective date of this amendatory
4Act of the 102nd General Assembly shall be as follows: one of
5the initial members shall be appointed for a term of one year,
63 shall be appointed for terms of 2 years, and 3 shall be
7appointed for terms of 4 years. Thereafter, the commissioners
8shall hold office for 4 years, with terms expiring on the
9second Monday in January of the fourth year. Commissioners may
10be reappointed. Vacancies in the office of commissioner shall
11be filled in the same manner as the original appointment, for
12the remainder of the unexpired term. The Governor may remove a
13commissioner for incompetence, neglect of duty, malfeasance,
14or inability to serve. Commissioners shall receive
15compensation in an amount equal to the compensation of members
16of the Executive Ethics Commission and may be reimbursed for
17reasonable expenses actually incurred in the performance of
18their Board duties, from funds appropriated for that purpose.
19    (c) The Board shall meet at the call of the chairperson as
20often as necessary to consider objections to applications for
21a license under this Act. If necessary to ensure the
22participation of a commissioner, the Board shall allow a
23commissioner to participate in a Board meeting by electronic
24communication. Any commissioner participating electronically
25shall be deemed present for purposes of establishing a quorum
26and voting.

 

 

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1    (d) The Board shall adopt rules for the review of
2objections and the conduct of hearings. The Board shall
3maintain a record of its decisions and all materials
4considered in making its decisions. All Board decisions and
5voting records shall be kept confidential and all materials
6considered by the Board shall be exempt from inspection except
7upon order of a court.
8    (e) In considering an objection of a law enforcement
9agency or the Illinois State Police, the Board shall review
10the materials received with the objection from the law
11enforcement agency or the Illinois State Police. By a vote of
12at least 4 commissioners, the Board may request additional
13information from the law enforcement agency, Illinois State
14Police, or the applicant, or the testimony of the law
15enforcement agency, Illinois State Police, or the applicant.
16The Board may require that the applicant submit electronic
17fingerprints to the Illinois State Police for an updated
18background check where the Board determines it lacks
19sufficient information to determine eligibility. The Board may
20only consider information submitted by the Illinois State
21Police, a law enforcement agency, or the applicant. The Board
22shall review each objection and determine by a majority of
23commissioners whether an applicant is eligible for a license.
24    (f) The Board shall issue a decision within 30 days of
25receipt of the objection from the Illinois State Police.
26However, the Board need not issue a decision within 30 days if:

 

 

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1        (1) the Board requests information from the applicant,
2    including but not limited to electronic fingerprints to be
3    submitted to the Illinois State Police, in accordance with
4    subsection (e) of this Section, in which case the Board
5    shall make a decision within 30 days of receipt of the
6    required information from the applicant;
7        (2) the applicant agrees, in writing, to allow the
8    Board additional time to consider an objection; or
9        (3) the Board notifies the applicant and the Illinois
10    State Police that the Board needs an additional 30 days to
11    issue a decision.
12    (g) If the Board determines by a preponderance of the
13evidence that the applicant poses a danger to himself or
14herself or others, or is a threat to public safety, then the
15Board shall affirm the objection of the law enforcement agency
16or the Illinois State Police and shall notify the Illinois
17State Police that the applicant is ineligible for a license.
18If the Board does not determine by a preponderance of the
19evidence that the applicant poses a danger to himself or
20herself or others, or is a threat to public safety, then the
21Board shall notify the Illinois State Police that the
22applicant is eligible for a license.
23    (h) Meetings of the Board shall not be subject to the Open
24Meetings Act and records of the Board shall not be subject to
25the Freedom of Information Act.
26    (i) The Board shall report monthly to the Governor and the

 

 

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1General Assembly on the number of objections received and
2provide details of the circumstances in which the Board has
3determined to deny licensure based on law enforcement or
4Illinois State Police objections under Section 15 of this Act.
5The report shall not contain any identifying information about
6the applicants.
7    (j) All books, records, papers, documents, property (real
8and personal), contracts, causes of action, and pending
9business pertaining to the powers, duties, rights, and
10responsibilities transferred by this amendatory Act of the
11102nd General Assembly from the Concealed Carry Licensing
12Review Board to the Firearms Safety Review Board, including,
13but not limited to, material in electronic or magnetic format
14and necessary computer hardware and software, shall be
15transferred to the Firearms Safety Review Board.
16    The powers, duties, rights, and responsibilities
17transferred from the Concealed Carry Licensing Review Board by
18this amendatory Act of the 102nd General Assembly shall be
19vested in and shall be exercised by the Firearms Safety Review
20Board.
21    Whenever reports or notices are now required to be made or
22given or papers or documents furnished or served by any person
23to or upon the Concealed Carry Licensing Review Board in
24connection with any of the powers, duties, rights, and
25responsibilities transferred by this amendatory Act of the
26102nd General Assembly, the same shall be made, given,

 

 

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1furnished, or served in the same manner to or upon the Firearms
2Safety Review Board.
3    This amendatory Act of the 102nd General Assembly does not
4affect any act done, ratified, or canceled or any right
5occurring or established or any action or proceeding had or
6commenced in an administrative, civil, or criminal cause by
7the Concealed Carry Licensing Review Board before this
8amendatory Act of the 102nd General Assembly takes effect;
9such actions or proceedings may be prosecuted and continued by
10the Firearms Safety Review Board.
11    Any rules of the Concealed Carry Licensing Review Board
12that relate to its powers, duties, rights, and
13responsibilities and are in full force on the effective date
14of this amendatory Act of the 102nd General Assembly shall
15become the rules of the Firearms Safety Review Board. This
16amendatory Act does not affect the legality of any such rules
17in the Illinois Administrative Code. Any proposed rules filed
18with the Secretary of State by the Concealed Carry Licensing
19Review Board that are pending in the rulemaking process on the
20effective date of this amendatory Act and pertain to the
21powers, duties, rights, and responsibilities transferred,
22shall be deemed to have been filed by the Firearms Safety
23Review Board. As soon as practicable hereafter, the Firearms
24Safety Review Board shall revise and clarify the rules
25transferred to it under this amendatory Act to reflect the
26reorganization of powers, duties, rights, and responsibilities

 

 

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1affected by this amendatory Act, using the procedures for
2recodification of rules available under the Illinois
3Administrative Procedure Act, except that existing title,
4part, and section numbering for the affected rules may be
5retained. The Firearms Safety Review Board may propose and
6adopt under the Illinois Administrative Procedure Act such
7other rules of the Concealed Carry Licensing Review Board that
8will now be administered by the Firearms Safety Review Board.
9    For the purposes of the Successor Agency Act, the Firearms
10Safety Review Board is declared to be the successor agency of
11the Concealed Carry Licensing Review Board with respect to all
12functions formerly performed by the Concealed Carry Licensing
13Review Board.
14(Source: P.A. 102-237, eff. 1-1-22; 102-538, eff. 8-20-21;
15revised 10-12-21.)
 
16    (430 ILCS 66/60)
17    Sec. 60. Fees.
18    (a) All fees collected under this Act shall be deposited
19as provided in this Section. Application, renewal, and
20replacement fees shall be non-refundable and shall be subject
21to an applicable processing fee. The processing fees shall be
22limited to charges by the State Treasurer for using the
23electronic online payment system.
24    (b) An applicant for a new license or a renewal shall
25submit $150 with the application, of which $120 shall be

 

 

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1apportioned to the State Police Firearm Services Fund, $20
2shall be apportioned to the Mental Health Reporting Fund, and
3$10 shall be apportioned to the State Crime Laboratory Fund.
4    (c) A non-resident applicant for a new license or renewal
5shall submit $300 with the application, of which $250 shall be
6apportioned to the State Police Firearm Services Fund, $40
7shall be apportioned to the Mental Health Reporting Fund, and
8$10 shall be apportioned to the State Crime Laboratory Fund.
9    (d) A licensee requesting a new license in accordance with
10Section 55 shall submit $75, of which $60 shall be apportioned
11to the State Police Firearm Services Fund, $5 shall be
12apportioned to the Mental Health Reporting Fund, and $10 shall
13be apportioned to the State Crime Laboratory Fund.
14(Source: P.A. 98-63, eff. 7-9-13.)
 
15    (430 ILCS 66/66)
16    Sec. 66. Illinois State Police to monitor databases for
17firearms prohibitors. The Illinois State Police shall
18continuously monitor relevant State and federal databases, as
19allowed by State and federal law, for firearms prohibitors and
20correlate those records with concealed carry license holders
21to ensure compliance with this Act and any other State and
22federal laws. As used in this Section, "firearms prohibitor"
23means any factor listed in Section 8 or Section 8.2 of the
24Firearm Owners Identification Card Act or Section 24-3 or
2524-3.1 of the Criminal Code of 2012 that prohibits a person

 

 

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1from transferring or possessing a firearm, firearm ammunition,
2Firearm Owner's Identification Card, or concealed carry
3license.
4(Source: P.A. 102-237, eff. 1-1-22.)
 
5    (430 ILCS 66/87)
6    Sec. 87. Administrative and judicial review.
7    (a) Whenever an application for a concealed carry license
8is denied, whenever the Illinois State Police fails to act on
9an application within 90 days of its receipt, or whenever a
10license is revoked or suspended as provided in this Act, the
11aggrieved party may appeal to the Director for a hearing upon
12the denial, revocation, suspension, or failure to act on the
13application, unless the denial was made by the Concealed Carry
14Licensing Review Board, in which case the aggrieved party may
15petition the circuit court in writing in the county of his or
16her residence for a hearing upon the denial.
17    (b) All final administrative decisions of the Illinois
18State Police or the Concealed Carry Licensing Review Board
19under this Act shall be subject to judicial review under the
20provisions of the Administrative Review Law. The term
21"administrative decision" is defined as in Section 3-101 of
22the Code of Civil Procedure.
23(Source: P.A. 102-538, eff. 8-20-21.)
 
24    Section 40. The Criminal Code of 2012 is amended by

 

 

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1changing Section 24-1.1 as follows:
 
2    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
3    Sec. 24-1.1. Unlawful use or possession of weapons by
4felons or persons in the custody of the Department of
5Corrections facilities.
6    (a) It is unlawful for a person to knowingly possess on or
7about his person or on his land or in his own abode or fixed
8place of business any weapon prohibited under Section 24-1 of
9this Act or any firearm or any firearm ammunition if the person
10has been convicted of a felony under the laws of this State or
11any other jurisdiction. This Section shall not apply if the
12person has been granted relief by the Circuit Court, the
13Director of the Illinois State Police, or beginning January 1,
142023, the Firearms Safety Review Board, as applicable, under
15Section 10 of the Firearm Owners Identification Card Act.
16    (b) It is unlawful for any person confined in a penal
17institution, which is a facility of the Illinois Department of
18Corrections, to possess any weapon prohibited under Section
1924-1 of this Code or any firearm or firearm ammunition,
20regardless of the intent with which he possesses it.
21    (c) It shall be an affirmative defense to a violation of
22subsection (b), that such possession was specifically
23authorized by rule, regulation, or directive of the Illinois
24Department of Corrections or order issued pursuant thereto.
25    (d) The defense of necessity is not available to a person

 

 

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1who is charged with a violation of subsection (b) of this
2Section.
3    (e) Sentence. Violation of this Section by a person not
4confined in a penal institution shall be a Class 3 felony for
5which the person shall be sentenced to no less than 2 years and
6no more than 10 years. A second or subsequent violation of this
7Section shall be a Class 2 felony for which the person shall be
8sentenced to a term of imprisonment of not less than 3 years
9and not more than 14 years, except as provided for in Section
105-4.5-110 of the Unified Code of Corrections. Violation of
11this Section by a person not confined in a penal institution
12who has been convicted of a forcible felony, a felony
13violation of Article 24 of this Code or of the Firearm Owners
14Identification Card Act, stalking or aggravated stalking, or a
15Class 2 or greater felony under the Illinois Controlled
16Substances Act, the Cannabis Control Act, or the
17Methamphetamine Control and Community Protection Act is a
18Class 2 felony for which the person shall be sentenced to not
19less than 3 years and not more than 14 years, except as
20provided for in Section 5-4.5-110 of the Unified Code of
21Corrections. Violation of this Section by a person who is on
22parole or mandatory supervised release is a Class 2 felony for
23which the person shall be sentenced to not less than 3 years
24and not more than 14 years, except as provided for in Section
255-4.5-110 of the Unified Code of Corrections. Violation of
26this Section by a person not confined in a penal institution is

 

 

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1a Class X felony when the firearm possessed is a machine gun.
2Any person who violates this Section while confined in a penal
3institution, which is a facility of the Illinois Department of
4Corrections, is guilty of a Class 1 felony, if he possesses any
5weapon prohibited under Section 24-1 of this Code regardless
6of the intent with which he possesses it, a Class X felony if
7he possesses any firearm, firearm ammunition or explosive, and
8a Class X felony for which the offender shall be sentenced to
9not less than 12 years and not more than 50 years when the
10firearm possessed is a machine gun. A violation of this
11Section while wearing or in possession of body armor as
12defined in Section 33F-1 is a Class X felony punishable by a
13term of imprisonment of not less than 10 years and not more
14than 40 years. The possession of each firearm or firearm
15ammunition in violation of this Section constitutes a single
16and separate violation.
17(Source: P.A. 102-538, eff. 8-20-21.)
 
18    Section 99. Effective date. This Act takes effect January
191, 2023.