Full Text of HB1664 100th General Assembly
HB1664ham001 100TH GENERAL ASSEMBLY | Rep. Deb Conroy Filed: 2/26/2018
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| 1 | | AMENDMENT TO HOUSE BILL 1664
| 2 | | AMENDMENT NO. ______. Amend House Bill 1664 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 7.5 as follows: | 6 | | (5 ILCS 140/7.5) | 7 | | (Text of Section before amendment by P.A. 100-512 and | 8 | | 100-517 ) | 9 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 10 | | by the statutes referenced below, the following shall be exempt | 11 | | from inspection and copying: | 12 | | (a) All information determined to be confidential | 13 | | under Section 4002 of the Technology Advancement and | 14 | | Development Act. | 15 | | (b) Library circulation and order records identifying | 16 | | library users with specific materials under the Library |
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| 1 | | Records Confidentiality Act. | 2 | | (c) Applications, related documents, and medical | 3 | | records received by the Experimental Organ Transplantation | 4 | | Procedures Board and any and all documents or other records | 5 | | prepared by the Experimental Organ Transplantation | 6 | | Procedures Board or its staff relating to applications it | 7 | | has received. | 8 | | (d) Information and records held by the Department of | 9 | | Public Health and its authorized representatives relating | 10 | | to known or suspected cases of sexually transmissible | 11 | | disease or any information the disclosure of which is | 12 | | restricted under the Illinois Sexually Transmissible | 13 | | Disease Control Act. | 14 | | (e) Information the disclosure of which is exempted | 15 | | under Section 30 of the Radon Industry Licensing Act. | 16 | | (f) Firm performance evaluations under Section 55 of | 17 | | the Architectural, Engineering, and Land Surveying | 18 | | Qualifications Based Selection Act. | 19 | | (g) Information the disclosure of which is restricted | 20 | | and exempted under Section 50 of the Illinois Prepaid | 21 | | Tuition Act. | 22 | | (h) Information the disclosure of which is exempted | 23 | | under the State Officials and Employees Ethics Act, and | 24 | | records of any lawfully created State or local inspector | 25 | | general's office that would be exempt if created or | 26 | | obtained by an Executive Inspector General's office under |
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| 1 | | that Act. | 2 | | (i) Information contained in a local emergency energy | 3 | | plan submitted to a municipality in accordance with a local | 4 | | emergency energy plan ordinance that is adopted under | 5 | | Section 11-21.5-5 of the Illinois Municipal Code. | 6 | | (j) Information and data concerning the distribution | 7 | | of surcharge moneys collected and remitted by carriers | 8 | | under the Emergency Telephone System Act. | 9 | | (k) Law enforcement officer identification information | 10 | | or driver identification information compiled by a law | 11 | | enforcement agency or the Department of Transportation | 12 | | under Section 11-212 of the Illinois Vehicle Code. | 13 | | (l) Records and information provided to a residential | 14 | | health care facility resident sexual assault and death | 15 | | review team or the Executive Council under the Abuse | 16 | | Prevention Review Team Act. | 17 | | (m) Information provided to the predatory lending | 18 | | database created pursuant to Article 3 of the Residential | 19 | | Real Property Disclosure Act, except to the extent | 20 | | authorized under that Article. | 21 | | (n) Defense budgets and petitions for certification of | 22 | | compensation and expenses for court appointed trial | 23 | | counsel as provided under Sections 10 and 15 of the Capital | 24 | | Crimes Litigation Act. This subsection (n) shall apply | 25 | | until the conclusion of the trial of the case, even if the | 26 | | prosecution chooses not to pursue the death penalty prior |
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| 1 | | to trial or sentencing. | 2 | | (o) Information that is prohibited from being | 3 | | disclosed under Section 4 of the Illinois Health and | 4 | | Hazardous Substances Registry Act. | 5 | | (p) Security portions of system safety program plans, | 6 | | investigation reports, surveys, schedules, lists, data, or | 7 | | information compiled, collected, or prepared by or for the | 8 | | Regional Transportation Authority under Section 2.11 of | 9 | | the Regional Transportation Authority Act or the St. Clair | 10 | | County Transit District under the Bi-State Transit Safety | 11 | | Act. | 12 | | (q) Information prohibited from being disclosed by the | 13 | | Personnel Records Review Act. | 14 | | (r) Information prohibited from being disclosed by the | 15 | | Illinois School Student Records Act. | 16 | | (s) Information the disclosure of which is restricted | 17 | | under Section 5-108 of the Public Utilities Act.
| 18 | | (t) All identified or deidentified health information | 19 | | in the form of health data or medical records contained in, | 20 | | stored in, submitted to, transferred by, or released from | 21 | | the Illinois Health Information Exchange, and identified | 22 | | or deidentified health information in the form of health | 23 | | data and medical records of the Illinois Health Information | 24 | | Exchange in the possession of the Illinois Health | 25 | | Information Exchange Authority due to its administration | 26 | | of the Illinois Health Information Exchange. The terms |
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| 1 | | "identified" and "deidentified" shall be given the same | 2 | | meaning as in the Health Insurance Portability and | 3 | | Accountability Act of 1996, Public Law 104-191, or any | 4 | | subsequent amendments thereto, and any regulations | 5 | | promulgated thereunder. | 6 | | (u) Records and information provided to an independent | 7 | | team of experts under Brian's Law. | 8 | | (v) Names and information of people who have applied | 9 | | for or received Firearm Owner's Identification Cards under | 10 | | the Firearm Owners Identification Card Act or applied for | 11 | | or received a concealed carry license under the Firearm | 12 | | Concealed Carry Act, unless otherwise authorized by the | 13 | | Firearm Concealed Carry Act; and databases under the | 14 | | Firearm Concealed Carry Act, records of the Concealed Carry | 15 | | Licensing Review Board under the Firearm Concealed Carry | 16 | | Act, and law enforcement agency objections under the | 17 | | Firearm Concealed Carry Act. | 18 | | (w) Personally identifiable information which is | 19 | | exempted from disclosure under subsection (g) of Section | 20 | | 19.1 of the Toll Highway Act. | 21 | | (x) Information which is exempted from disclosure | 22 | | under Section 5-1014.3 of the Counties Code or Section | 23 | | 8-11-21 of the Illinois Municipal Code. | 24 | | (y) Confidential information under the Adult | 25 | | Protective Services Act and its predecessor enabling | 26 | | statute, the Elder Abuse and Neglect Act, including |
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| 1 | | information about the identity and administrative finding | 2 | | against any caregiver of a verified and substantiated | 3 | | decision of abuse, neglect, or financial exploitation of an | 4 | | eligible adult maintained in the Registry established | 5 | | under Section 7.5 of the Adult Protective Services Act. | 6 | | (z) Records and information provided to a fatality | 7 | | review team or the Illinois Fatality Review Team Advisory | 8 | | Council under Section 15 of the Adult Protective Services | 9 | | Act. | 10 | | (aa) Information which is exempted from disclosure | 11 | | under Section 2.37 of the Wildlife Code. | 12 | | (bb) Information which is or was prohibited from | 13 | | disclosure by the Juvenile Court Act of 1987. | 14 | | (cc) Recordings made under the Law Enforcement | 15 | | Officer-Worn Body Camera Act, except to the extent | 16 | | authorized under that Act. | 17 | | (dd) Information that is prohibited from being | 18 | | disclosed under Section 45 of the Condominium and Common | 19 | | Interest Community Ombudsperson Act. | 20 | | (ee) Information that is exempted from disclosure | 21 | | under Section 30.1 of the Pharmacy Practice Act. | 22 | | (ff) Information that is exempted from disclosure | 23 | | under the Revised Uniform Unclaimed Property Act. | 24 | | (gg) (ff) Information that is prohibited from being | 25 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 26 | | Code. |
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| 1 | | (hh) (ff) Records that are exempt from disclosure under | 2 | | Section 1A-16.7 of the Election Code. | 3 | | (ii) (ff) Information which is exempted from | 4 | | disclosure under Section 2505-800 of the Department of | 5 | | Revenue Law of the Civil Administrative Code of Illinois. | 6 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 7 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 8 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 9 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 10 | | 8-28-17; 100-465, eff. 8-31-17; revised 11-2-17.) | 11 | | (Text of Section after amendment by P.A. 100-517 but before | 12 | | amendment by P.A. 100-512 ) | 13 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 14 | | by the statutes referenced below, the following shall be exempt | 15 | | from inspection and copying: | 16 | | (a) All information determined to be confidential | 17 | | under Section 4002 of the Technology Advancement and | 18 | | Development Act. | 19 | | (b) Library circulation and order records identifying | 20 | | library users with specific materials under the Library | 21 | | Records Confidentiality Act. | 22 | | (c) Applications, related documents, and medical | 23 | | records received by the Experimental Organ Transplantation | 24 | | Procedures Board and any and all documents or other records | 25 | | prepared by the Experimental Organ Transplantation |
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| 1 | | Procedures Board or its staff relating to applications it | 2 | | has received. | 3 | | (d) Information and records held by the Department of | 4 | | Public Health and its authorized representatives relating | 5 | | to known or suspected cases of sexually transmissible | 6 | | disease or any information the disclosure of which is | 7 | | restricted under the Illinois Sexually Transmissible | 8 | | Disease Control Act. | 9 | | (e) Information the disclosure of which is exempted | 10 | | under Section 30 of the Radon Industry Licensing Act. | 11 | | (f) Firm performance evaluations under Section 55 of | 12 | | the Architectural, Engineering, and Land Surveying | 13 | | Qualifications Based Selection Act. | 14 | | (g) Information the disclosure of which is restricted | 15 | | and exempted under Section 50 of the Illinois Prepaid | 16 | | Tuition Act. | 17 | | (h) Information the disclosure of which is exempted | 18 | | under the State Officials and Employees Ethics Act, and | 19 | | records of any lawfully created State or local inspector | 20 | | general's office that would be exempt if created or | 21 | | obtained by an Executive Inspector General's office under | 22 | | that Act. | 23 | | (i) Information contained in a local emergency energy | 24 | | plan submitted to a municipality in accordance with a local | 25 | | emergency energy plan ordinance that is adopted under | 26 | | Section 11-21.5-5 of the Illinois Municipal Code. |
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| 1 | | (j) Information and data concerning the distribution | 2 | | of surcharge moneys collected and remitted by carriers | 3 | | under the Emergency Telephone System Act. | 4 | | (k) Law enforcement officer identification information | 5 | | or driver identification information compiled by a law | 6 | | enforcement agency or the Department of Transportation | 7 | | under Section 11-212 of the Illinois Vehicle Code. | 8 | | (l) Records and information provided to a residential | 9 | | health care facility resident sexual assault and death | 10 | | review team or the Executive Council under the Abuse | 11 | | Prevention Review Team Act. | 12 | | (m) Information provided to the predatory lending | 13 | | database created pursuant to Article 3 of the Residential | 14 | | Real Property Disclosure Act, except to the extent | 15 | | authorized under that Article. | 16 | | (n) Defense budgets and petitions for certification of | 17 | | compensation and expenses for court appointed trial | 18 | | counsel as provided under Sections 10 and 15 of the Capital | 19 | | Crimes Litigation Act. This subsection (n) shall apply | 20 | | until the conclusion of the trial of the case, even if the | 21 | | prosecution chooses not to pursue the death penalty prior | 22 | | to trial or sentencing. | 23 | | (o) Information that is prohibited from being | 24 | | disclosed under Section 4 of the Illinois Health and | 25 | | Hazardous Substances Registry Act. | 26 | | (p) Security portions of system safety program plans, |
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| 1 | | investigation reports, surveys, schedules, lists, data, or | 2 | | information compiled, collected, or prepared by or for the | 3 | | Regional Transportation Authority under Section 2.11 of | 4 | | the Regional Transportation Authority Act or the St. Clair | 5 | | County Transit District under the Bi-State Transit Safety | 6 | | Act. | 7 | | (q) Information prohibited from being disclosed by the | 8 | | Personnel Records Review Act. | 9 | | (r) Information prohibited from being disclosed by the | 10 | | Illinois School Student Records Act. | 11 | | (s) Information the disclosure of which is restricted | 12 | | under Section 5-108 of the Public Utilities Act.
| 13 | | (t) All identified or deidentified health information | 14 | | in the form of health data or medical records contained in, | 15 | | stored in, submitted to, transferred by, or released from | 16 | | the Illinois Health Information Exchange, and identified | 17 | | or deidentified health information in the form of health | 18 | | data and medical records of the Illinois Health Information | 19 | | Exchange in the possession of the Illinois Health | 20 | | Information Exchange Authority due to its administration | 21 | | of the Illinois Health Information Exchange. The terms | 22 | | "identified" and "deidentified" shall be given the same | 23 | | meaning as in the Health Insurance Portability and | 24 | | Accountability Act of 1996, Public Law 104-191, or any | 25 | | subsequent amendments thereto, and any regulations | 26 | | promulgated thereunder. |
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| 1 | | (u) Records and information provided to an independent | 2 | | team of experts under Brian's Law. | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed Carry | 10 | | Licensing Review Board under the Firearm Concealed Carry | 11 | | Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (w) Personally identifiable information which is | 14 | | exempted from disclosure under subsection (g) of Section | 15 | | 19.1 of the Toll Highway Act. | 16 | | (x) Information which is exempted from disclosure | 17 | | under Section 5-1014.3 of the Counties Code or Section | 18 | | 8-11-21 of the Illinois Municipal Code. | 19 | | (y) Confidential information under the Adult | 20 | | Protective Services Act and its predecessor enabling | 21 | | statute, the Elder Abuse and Neglect Act, including | 22 | | information about the identity and administrative finding | 23 | | against any caregiver of a verified and substantiated | 24 | | decision of abuse, neglect, or financial exploitation of an | 25 | | eligible adult maintained in the Registry established | 26 | | under Section 7.5 of the Adult Protective Services Act. |
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| 1 | | (z) Records and information provided to a fatality | 2 | | review team or the Illinois Fatality Review Team Advisory | 3 | | Council under Section 15 of the Adult Protective Services | 4 | | Act. | 5 | | (aa) Information which is exempted from disclosure | 6 | | under Section 2.37 of the Wildlife Code. | 7 | | (bb) Information which is or was prohibited from | 8 | | disclosure by the Juvenile Court Act of 1987. | 9 | | (cc) Recordings made under the Law Enforcement | 10 | | Officer-Worn Body Camera Act, except to the extent | 11 | | authorized under that Act. | 12 | | (dd) Information that is prohibited from being | 13 | | disclosed under Section 45 of the Condominium and Common | 14 | | Interest Community Ombudsperson Act. | 15 | | (ee) Information that is exempted from disclosure | 16 | | under Section 30.1 of the Pharmacy Practice Act. | 17 | | (ff) Information that is exempted from disclosure | 18 | | under the Revised Uniform Unclaimed Property Act. | 19 | | (gg) (ff) Information that is prohibited from being | 20 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 21 | | Code. | 22 | | (hh) (ff) Records that are exempt from disclosure under | 23 | | Section 1A-16.7 of the Election Code. | 24 | | (ii) (ff) Information which is exempted from | 25 | | disclosure under Section 2505-800 of the Department of | 26 | | Revenue Law of the Civil Administrative Code of Illinois. |
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| 1 | | (jj) (ff) Information and reports that are required to | 2 | | be submitted to the Department of Labor by registering day | 3 | | and temporary labor service agencies but are exempt from | 4 | | disclosure under subsection (a-1) of Section 45 of the Day | 5 | | and Temporary Labor Services Act. | 6 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 7 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 8 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 9 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 10 | | 8-28-17; 100-465, eff. 8-31-17; 100-517, eff. 6-1-18; revised | 11 | | 11-2-17.) | 12 | | (Text of Section after amendment by P.A. 100-512 ) | 13 | | Sec. 7.5. Statutory exemptions. To the extent provided for | 14 | | by the statutes referenced below, the following shall be exempt | 15 | | from inspection and copying: | 16 | | (a) All information determined to be confidential | 17 | | under Section 4002 of the Technology Advancement and | 18 | | Development Act. | 19 | | (b) Library circulation and order records identifying | 20 | | library users with specific materials under the Library | 21 | | Records Confidentiality Act. | 22 | | (c) Applications, related documents, and medical | 23 | | records received by the Experimental Organ Transplantation | 24 | | Procedures Board and any and all documents or other records | 25 | | prepared by the Experimental Organ Transplantation |
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| 1 | | Procedures Board or its staff relating to applications it | 2 | | has received. | 3 | | (d) Information and records held by the Department of | 4 | | Public Health and its authorized representatives relating | 5 | | to known or suspected cases of sexually transmissible | 6 | | disease or any information the disclosure of which is | 7 | | restricted under the Illinois Sexually Transmissible | 8 | | Disease Control Act. | 9 | | (e) Information the disclosure of which is exempted | 10 | | under Section 30 of the Radon Industry Licensing Act. | 11 | | (f) Firm performance evaluations under Section 55 of | 12 | | the Architectural, Engineering, and Land Surveying | 13 | | Qualifications Based Selection Act. | 14 | | (g) Information the disclosure of which is restricted | 15 | | and exempted under Section 50 of the Illinois Prepaid | 16 | | Tuition Act. | 17 | | (h) Information the disclosure of which is exempted | 18 | | under the State Officials and Employees Ethics Act, and | 19 | | records of any lawfully created State or local inspector | 20 | | general's office that would be exempt if created or | 21 | | obtained by an Executive Inspector General's office under | 22 | | that Act. | 23 | | (i) Information contained in a local emergency energy | 24 | | plan submitted to a municipality in accordance with a local | 25 | | emergency energy plan ordinance that is adopted under | 26 | | Section 11-21.5-5 of the Illinois Municipal Code. |
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| 1 | | (j) Information and data concerning the distribution | 2 | | of surcharge moneys collected and remitted by carriers | 3 | | under the Emergency Telephone System Act. | 4 | | (k) Law enforcement officer identification information | 5 | | or driver identification information compiled by a law | 6 | | enforcement agency or the Department of Transportation | 7 | | under Section 11-212 of the Illinois Vehicle Code. | 8 | | (l) Records and information provided to a residential | 9 | | health care facility resident sexual assault and death | 10 | | review team or the Executive Council under the Abuse | 11 | | Prevention Review Team Act. | 12 | | (m) Information provided to the predatory lending | 13 | | database created pursuant to Article 3 of the Residential | 14 | | Real Property Disclosure Act, except to the extent | 15 | | authorized under that Article. | 16 | | (n) Defense budgets and petitions for certification of | 17 | | compensation and expenses for court appointed trial | 18 | | counsel as provided under Sections 10 and 15 of the Capital | 19 | | Crimes Litigation Act. This subsection (n) shall apply | 20 | | until the conclusion of the trial of the case, even if the | 21 | | prosecution chooses not to pursue the death penalty prior | 22 | | to trial or sentencing. | 23 | | (o) Information that is prohibited from being | 24 | | disclosed under Section 4 of the Illinois Health and | 25 | | Hazardous Substances Registry Act. | 26 | | (p) Security portions of system safety program plans, |
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| 1 | | investigation reports, surveys, schedules, lists, data, or | 2 | | information compiled, collected, or prepared by or for the | 3 | | Regional Transportation Authority under Section 2.11 of | 4 | | the Regional Transportation Authority Act or the St. Clair | 5 | | County Transit District under the Bi-State Transit Safety | 6 | | Act. | 7 | | (q) Information prohibited from being disclosed by the | 8 | | Personnel Records Review Act. | 9 | | (r) Information prohibited from being disclosed by the | 10 | | Illinois School Student Records Act. | 11 | | (s) Information the disclosure of which is restricted | 12 | | under Section 5-108 of the Public Utilities Act.
| 13 | | (t) All identified or deidentified health information | 14 | | in the form of health data or medical records contained in, | 15 | | stored in, submitted to, transferred by, or released from | 16 | | the Illinois Health Information Exchange, and identified | 17 | | or deidentified health information in the form of health | 18 | | data and medical records of the Illinois Health Information | 19 | | Exchange in the possession of the Illinois Health | 20 | | Information Exchange Authority due to its administration | 21 | | of the Illinois Health Information Exchange. The terms | 22 | | "identified" and "deidentified" shall be given the same | 23 | | meaning as in the Health Insurance Portability and | 24 | | Accountability Act of 1996, Public Law 104-191, or any | 25 | | subsequent amendments thereto, and any regulations | 26 | | promulgated thereunder. |
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| 1 | | (u) Records and information provided to an independent | 2 | | team of experts under Brian's Law. | 3 | | (v) Names and information of people who have applied | 4 | | for or received Firearm Owner's Identification Cards under | 5 | | the Firearm Owners Identification Card Act or applied for | 6 | | or received a concealed carry license under the Firearm | 7 | | Concealed Carry Act, unless otherwise authorized by the | 8 | | Firearm Concealed Carry Act; and databases under the | 9 | | Firearm Concealed Carry Act, records of the Concealed Carry | 10 | | Licensing Review Board under the Firearm Concealed Carry | 11 | | Act, and law enforcement agency objections under the | 12 | | Firearm Concealed Carry Act. | 13 | | (w) Personally identifiable information which is | 14 | | exempted from disclosure under subsection (g) of Section | 15 | | 19.1 of the Toll Highway Act. | 16 | | (x) Information which is exempted from disclosure | 17 | | under Section 5-1014.3 of the Counties Code or Section | 18 | | 8-11-21 of the Illinois Municipal Code. | 19 | | (y) Confidential information under the Adult | 20 | | Protective Services Act and its predecessor enabling | 21 | | statute, the Elder Abuse and Neglect Act, including | 22 | | information about the identity and administrative finding | 23 | | against any caregiver of a verified and substantiated | 24 | | decision of abuse, neglect, or financial exploitation of an | 25 | | eligible adult maintained in the Registry established | 26 | | under Section 7.5 of the Adult Protective Services Act. |
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| 1 | | (z) Records and information provided to a fatality | 2 | | review team or the Illinois Fatality Review Team Advisory | 3 | | Council under Section 15 of the Adult Protective Services | 4 | | Act. | 5 | | (aa) Information which is exempted from disclosure | 6 | | under Section 2.37 of the Wildlife Code. | 7 | | (bb) Information which is or was prohibited from | 8 | | disclosure by the Juvenile Court Act of 1987. | 9 | | (cc) Recordings made under the Law Enforcement | 10 | | Officer-Worn Body Camera Act, except to the extent | 11 | | authorized under that Act. | 12 | | (dd) Information that is prohibited from being | 13 | | disclosed under Section 45 of the Condominium and Common | 14 | | Interest Community Ombudsperson Act. | 15 | | (ee) Information that is exempted from disclosure | 16 | | under Section 30.1 of the Pharmacy Practice Act. | 17 | | (ff) Information that is exempted from disclosure | 18 | | under the Revised Uniform Unclaimed Property Act. | 19 | | (gg) (ff) Information that is prohibited from being | 20 | | disclosed under Section 7-603.5 of the Illinois Vehicle | 21 | | Code. | 22 | | (hh) (ff) Records that are exempt from disclosure under | 23 | | Section 1A-16.7 of the Election Code. | 24 | | (ii) (ff) Information which is exempted from | 25 | | disclosure under Section 2505-800 of the Department of | 26 | | Revenue Law of the Civil Administrative Code of Illinois. |
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| 1 | | (jj) (ff) Information and reports that are required to | 2 | | be submitted to the Department of Labor by registering day | 3 | | and temporary labor service agencies but are exempt from | 4 | | disclosure under subsection (a-1) of Section 45 of the Day | 5 | | and Temporary Labor Services Act. | 6 | | (kk) (ff) Information prohibited from disclosure under | 7 | | the Seizure and Forfeiture Reporting Act. | 8 | | (ll) Records that are exempt from disclosure under | 9 | | Section 2605-477 of the Department of State Police Law of | 10 | | the
Civil Administrative Code of Illinois. | 11 | | (Source: P.A. 99-78, eff. 7-20-15; 99-298, eff. 8-6-15; 99-352, | 12 | | eff. 1-1-16; 99-642, eff. 7-28-16; 99-776, eff. 8-12-16; | 13 | | 99-863, eff. 8-19-16; 100-20, eff. 7-1-17; 100-22, eff. 1-1-18; | 14 | | 100-201, eff. 8-18-17; 100-373, eff. 1-1-18; 100-464, eff. | 15 | | 8-28-17; 100-465, eff. 8-31-17; 100-512, eff. 7-1-18; 100-517, | 16 | | eff. 6-1-18; revised 11-2-17.) | 17 | | Section 10. The Department of State Police Law of the
Civil | 18 | | Administrative Code of Illinois is amended by adding Section | 19 | | 2605-477 as follows: | 20 | | (20 ILCS 2605/2605-477 new) | 21 | | Sec. 2605-477. Dangerous Persons Hotline. | 22 | | (a) The Department of State Police shall provide a | 23 | | Dangerous Persons Hotline to consist of a website and a | 24 | | toll-free number to enable a person to notify the Department if |
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| 1 | | the person has a reason to believe another person is: (1) a | 2 | | clear and present danger to himself or herself or another | 3 | | person; and (2) in possession of, or has access to, a firearm. | 4 | | (b) The hotline shall permit a person with the option to | 5 | | report anonymously. The Department shall keep records of the | 6 | | accounts taken by the hotline which shall not be subject to | 7 | | disclosure under Section 7.5 of the Freedom of Information Act. | 8 | | The Department shall, by rule, establish procedures for the | 9 | | Dangerous Persons Hotline. | 10 | | Section 15. The School Code is amended by adding Sections | 11 | | 10-20.67 and 10-30 as follows: | 12 | | (105 ILCS 5/10-20.67 new) | 13 | | Sec. 10-20.67. Dangerous Persons Hotline. | 14 | | (a) The Department of State Police shall, in cooperation | 15 | | with each school board, distribute appropriate materials in | 16 | | school buildings listing the toll-free telephone number and | 17 | | website established in conjunction with the Dangerous Persons | 18 | | Hotline established under Section 2605-477 of the Department of | 19 | | State Police Law of the Civil Administrative Code of Illinois, | 20 | | including methods of making a report, which shall be displayed | 21 | | in a clearly visible location in each school building. | 22 | | (b) Each school board shall send a letter to parents | 23 | | informing them of the Dangerous Persons Hotline established | 24 | | under Section 2605-477 of the Department of State Police Law of |
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| 1 | | the Civil Administrative Code of Illinois and place this | 2 | | information on the school board's website. | 3 | | (105 ILCS 5/10-30 new) | 4 | | Sec. 10-30. Dangerous Persons Hotline. | 5 | | (a) The Department of State Police shall, in cooperation | 6 | | with the board, distribute appropriate materials in school | 7 | | buildings listing the toll-free telephone number and website | 8 | | established in conjunction with the Dangerous Persons Hotline | 9 | | established under Section 2605-477 of the Department of State | 10 | | Police Law of the Civil Administrative Code of Illinois, | 11 | | including methods of making a report, which shall be displayed | 12 | | in a clearly visible location in each school building. | 13 | | (b) The board shall send a letter to parents informing them | 14 | | of the Dangerous Persons Hotline established under Section | 15 | | 2605-477 of the Department of State Police Law of the Civil | 16 | | Administrative Code of Illinois and place this information on | 17 | | the board's website. | 18 | | Section 20. The Firearm Owners Identification Card Act is | 19 | | amended by changing Sections 1.1, 4, 8, and 10 as follows:
| 20 | | (430 ILCS 65/1.1) (from Ch. 38, par. 83-1.1)
| 21 | | Sec. 1.1. For purposes of this Act:
| 22 | | "Addicted to narcotics" means a person who has been: | 23 | | (1) convicted of an offense involving the use or |
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| 1 | | possession of cannabis, a controlled substance, or | 2 | | methamphetamine within the past year; or | 3 | | (2) determined by the Department of State Police to be | 4 | | addicted to narcotics based upon federal law or federal | 5 | | guidelines. | 6 | | "Addicted to narcotics" does not include possession or use | 7 | | of a prescribed controlled substance under the direction and | 8 | | authority of a physician or other person authorized to | 9 | | prescribe the controlled substance when the controlled | 10 | | substance is used in the prescribed manner. | 11 | | "Adjudicated as a person with a mental disability" means | 12 | | the person is the subject of a determination by a court, board, | 13 | | commission or other lawful authority that the person, as a | 14 | | result of marked subnormal intelligence, or mental illness, | 15 | | mental impairment, incompetency, condition, or disease: | 16 | | (1) presents a clear and present danger to himself, | 17 | | herself, or to others; | 18 | | (2) lacks the mental capacity to manage his or her own | 19 | | affairs or is adjudicated a person with a disability as | 20 | | defined in Section 11a-2 of the Probate Act of 1975; | 21 | | (3) is not guilty in a criminal case by reason of | 22 | | insanity, mental disease or defect; | 23 | | (3.5) is guilty but mentally ill, as provided in | 24 | | Section 5-2-6 of the Unified Code of Corrections; | 25 | | (4) is incompetent to stand trial in a criminal case; | 26 | | (5) is not guilty by reason of lack of mental |
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| 1 | | responsibility under Articles 50a and 72b of the Uniform | 2 | | Code of Military Justice, 10 U.S.C. 850a, 876b;
| 3 | | (6) is a sexually violent person under subsection (f) | 4 | | of Section 5 of the Sexually Violent Persons Commitment | 5 | | Act; | 6 | | (7) is a sexually dangerous person under the Sexually | 7 | | Dangerous Persons Act; | 8 | | (8) is unfit to stand trial under the Juvenile Court | 9 | | Act of 1987; | 10 | | (9) is not guilty by reason of insanity under the | 11 | | Juvenile Court Act of 1987; | 12 | | (10) is subject to involuntary admission as an | 13 | | inpatient as defined in Section 1-119 of the Mental Health | 14 | | and Developmental Disabilities Code; | 15 | | (11) is subject to involuntary admission as an | 16 | | outpatient as defined in Section 1-119.1 of the Mental | 17 | | Health and Developmental Disabilities Code; | 18 | | (12) is subject to judicial admission as set forth in | 19 | | Section 4-500 of the Mental Health and Developmental | 20 | | Disabilities Code; or | 21 | | (13) is subject to the provisions of the Interstate | 22 | | Agreements on Sexually Dangerous Persons Act. | 23 | | "Clear and present danger" means a person who: | 24 | | (1) communicates a serious threat of physical violence | 25 | | against a reasonably identifiable victim or poses a clear | 26 | | and imminent risk of serious physical injury to himself, |
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| 1 | | herself, or another person as determined by a physician, | 2 | | clinical psychologist, or qualified examiner; or | 3 | | (2) demonstrates threatening physical or verbal | 4 | | behavior, such as violent, suicidal, or assaultive | 5 | | threats, actions, or other behavior, as determined by a | 6 | | physician, clinical psychologist, qualified examiner, | 7 | | school administrator, or law enforcement official. | 8 | | "Clinical psychologist" has the meaning provided in | 9 | | Section 1-103 of the Mental Health and Developmental | 10 | | Disabilities Code. | 11 | | "Controlled substance" means a controlled substance or | 12 | | controlled substance analog as defined in the Illinois | 13 | | Controlled Substances Act. | 14 | | "Counterfeit" means to copy or imitate, without legal | 15 | | authority, with
intent
to deceive. | 16 | | "Federally licensed firearm dealer" means a person who is | 17 | | licensed as a federal firearms dealer under Section 923 of the | 18 | | federal Gun Control Act of 1968 (18 U.S.C. 923).
| 19 | | "Firearm" means any device, by
whatever name known, which | 20 | | is designed to expel a projectile or projectiles
by the action | 21 | | of an explosion, expansion of gas or escape of gas; excluding,
| 22 | | however:
| 23 | | (1) any pneumatic gun, spring gun, paint ball gun, or | 24 | | B-B gun which
expels a single globular projectile not | 25 | | exceeding .18 inch in
diameter or which has a maximum | 26 | | muzzle velocity of less than 700 feet
per second;
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| 1 | | (1.1) any pneumatic gun, spring gun, paint ball gun, or | 2 | | B-B gun which expels breakable paint balls containing | 3 | | washable marking colors; | 4 | | (2) any device used exclusively for signalling or | 5 | | safety and required or
recommended by the United States | 6 | | Coast Guard or the Interstate Commerce
Commission;
| 7 | | (3) any device used exclusively for the firing of stud | 8 | | cartridges,
explosive rivets or similar industrial | 9 | | ammunition; and
| 10 | | (4) an antique firearm (other than a machine-gun) | 11 | | which, although
designed as a weapon, the Department of | 12 | | State Police finds by reason of
the date of its | 13 | | manufacture, value, design, and other characteristics is
| 14 | | primarily a collector's item and is not likely to be used | 15 | | as a weapon.
| 16 | | "Firearm ammunition" means any self-contained cartridge or | 17 | | shotgun
shell, by whatever name known, which is designed to be | 18 | | used or adaptable to
use in a firearm; excluding, however:
| 19 | | (1) any ammunition exclusively designed for use with a | 20 | | device used
exclusively for signalling or safety and | 21 | | required or recommended by the
United States Coast Guard or | 22 | | the Interstate Commerce Commission; and
| 23 | | (2) any ammunition designed exclusively for use with a | 24 | | stud or rivet
driver or other similar industrial | 25 | | ammunition. | 26 | | "Gun show" means an event or function: |
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| 1 | | (1) at which the sale and transfer of firearms is the | 2 | | regular and normal course of business and where 50 or more | 3 | | firearms are displayed, offered, or exhibited for sale, | 4 | | transfer, or exchange; or | 5 | | (2) at which not less than 10 gun show vendors display, | 6 | | offer, or exhibit for sale, sell, transfer, or exchange | 7 | | firearms.
| 8 | | "Gun show" includes the entire premises provided for an | 9 | | event or function, including parking areas for the event or | 10 | | function, that is sponsored to facilitate the purchase, sale, | 11 | | transfer, or exchange of firearms as described in this Section.
| 12 | | Nothing in this definition shall be construed to exclude a gun | 13 | | show held in conjunction with competitive shooting events at | 14 | | the World Shooting Complex sanctioned by a national governing | 15 | | body in which the sale or transfer of firearms is authorized | 16 | | under subparagraph (5) of paragraph (g) of subsection (A) of | 17 | | Section 24-3 of the Criminal Code of 2012. | 18 | | Unless otherwise expressly stated, "gun show" does not | 19 | | include training or safety classes, competitive shooting | 20 | | events, such as rifle, shotgun, or handgun matches, trap, | 21 | | skeet, or sporting clays shoots, dinners, banquets, raffles, or
| 22 | | any other event where the sale or transfer of firearms is not | 23 | | the primary course of business. | 24 | | "Gun show promoter" means a person who organizes or | 25 | | operates a gun show. | 26 | | "Gun show vendor" means a person who exhibits, sells, |
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| 1 | | offers for sale, transfers, or exchanges any firearms at a gun | 2 | | show, regardless of whether the person arranges with a gun show | 3 | | promoter for a fixed location from which to exhibit, sell, | 4 | | offer for sale, transfer, or exchange any firearm. | 5 | | "Involuntarily admitted" has the meaning as prescribed in | 6 | | Sections 1-119 and 1-119.1 of the Mental Health and | 7 | | Developmental Disabilities Code. | 8 | | "Mental health facility" means any licensed private | 9 | | hospital or hospital affiliate, institution, or facility, or | 10 | | part thereof, and any facility, or part thereof, operated by | 11 | | the State or a political subdivision thereof which provide | 12 | | treatment of persons with mental illness and includes all | 13 | | hospitals, institutions, clinics, evaluation facilities, | 14 | | mental health centers, colleges, universities, long-term care | 15 | | facilities, and nursing homes, or parts thereof, which provide | 16 | | treatment of persons with mental illness whether or not the | 17 | | primary purpose is to provide treatment of persons with mental | 18 | | illness. | 19 | | "National governing body" means a group of persons who | 20 | | adopt rules and formulate policy on behalf of a national | 21 | | firearm sporting organization. | 22 | | "Patient" means: | 23 | | (1) a person who : | 24 | | (a) is admitted as an in-patient or resident of a | 25 | | public or private mental health facility for mental | 26 | | health treatment under Chapter III of the Mental Health |
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| 1 | | and Developmental Disabilities Code as an informal | 2 | | admission under Article III, a voluntary admission | 3 | | under Article IV, a minor admission under Article V, an | 4 | | emergency admission under Article VI, or an | 5 | | involuntary admission under Article VII; or | 6 | | (b) is otherwise provided mental health treatment | 7 | | as an in-patient or resident by a voluntarily receives | 8 | | mental health treatment as an in-patient or resident of | 9 | | any public or private mental health facility, unless | 10 | | the treatment was solely for an alcohol abuse disorder | 11 | | and no other secondary substance abuse disorder or | 12 | | mental illness; or | 13 | | (2) a person who voluntarily or involuntarily receives | 14 | | mental health treatment as an out-patient or is otherwise | 15 | | provided services by a public or private mental health | 16 | | facility, and who poses a clear and present danger to | 17 | | himself, herself, or to others. | 18 | | "Person with a developmental disability" means a person | 19 | | with a disability which is attributable to any other condition | 20 | | which results in impairment similar to that caused by an | 21 | | intellectual disability and which requires services similar to | 22 | | those required by persons with intellectual disabilities. The | 23 | | disability must originate before the age of 18
years, be | 24 | | expected to continue indefinitely, and constitute a | 25 | | substantial disability. This disability results, in the | 26 | | professional opinion of a physician, clinical psychologist, or |
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| 1 | | qualified examiner, in significant functional limitations in 3 | 2 | | or more of the following areas of major life activity: | 3 | | (i) self-care; | 4 | | (ii) receptive and expressive language; | 5 | | (iii) learning; | 6 | | (iv) mobility; or | 7 | | (v) self-direction. | 8 | | "Person with an intellectual disability" means a person | 9 | | with a significantly subaverage general intellectual | 10 | | functioning which exists concurrently with impairment in | 11 | | adaptive behavior and which originates before the age of 18 | 12 | | years. | 13 | | "Physician" has the meaning as defined in Section 1-120 of | 14 | | the Mental Health and Developmental Disabilities Code. | 15 | | "Qualified examiner" has the meaning provided in Section | 16 | | 1-122 of the Mental Health and Developmental Disabilities Code. | 17 | | "Sanctioned competitive shooting event" means a shooting | 18 | | contest officially recognized by a national or state shooting | 19 | | sport association, and includes any sight-in or practice | 20 | | conducted in conjunction with the event.
| 21 | | "School administrator" means the person required to report | 22 | | under the School Administrator Reporting of Mental Health Clear | 23 | | and Present Danger Determinations Law. | 24 | | "Stun gun or taser" has the meaning ascribed to it in | 25 | | Section 24-1 of the Criminal Code of 2012. | 26 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143, |
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| 1 | | eff. 7-27-15; 99-642, eff. 7-28-16.)
| 2 | | (430 ILCS 65/4) (from Ch. 38, par. 83-4)
| 3 | | Sec. 4. (a) Each applicant for a Firearm Owner's | 4 | | Identification Card must:
| 5 | | (1) Make application on blank forms prepared and | 6 | | furnished at convenient
locations throughout the State by | 7 | | the Department of State Police, or by
electronic means, if | 8 | | and when made available by the Department of State
Police; | 9 | | and
| 10 | | (2) Submit evidence to the Department of State Police | 11 | | that:
| 12 | | (i) He or she is 21 years of age or over, or if he | 13 | | or she is under 21
years of age that he or she has the | 14 | | written consent of his or her parent or
legal guardian | 15 | | to possess and acquire firearms and firearm ammunition | 16 | | and that
he or she has never been convicted of a | 17 | | misdemeanor other than a traffic
offense or adjudged
| 18 | | delinquent, provided, however, that such parent or | 19 | | legal guardian is not an
individual prohibited from | 20 | | having a Firearm Owner's Identification Card and
files | 21 | | an affidavit with the Department as prescribed by the | 22 | | Department
stating that he or she is not an individual | 23 | | prohibited from having a Card;
| 24 | | (ii) He or she has not been convicted of a felony | 25 | | under the laws of
this or any other jurisdiction;
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| 1 | | (iii) He or she is not addicted to narcotics;
| 2 | | (iv) He or she has not been a patient in a mental | 3 | | health facility within
the past 10 5 years or, if he or | 4 | | she has been a patient in a mental health facility more | 5 | | than 10 5 years ago submit the certification required | 6 | | under subsection (u) of Section 8 of this Act;
| 7 | | (v) He or she is not a person with an intellectual | 8 | | disability;
| 9 | | (vi) He or she is not an alien who is unlawfully | 10 | | present in the
United States under the laws of the | 11 | | United States;
| 12 | | (vii) He or she is not subject to an existing order | 13 | | of protection
prohibiting him or her from possessing a | 14 | | firearm;
| 15 | | (viii) He or she has not been convicted within the | 16 | | past 5 years of
battery, assault, aggravated assault, | 17 | | violation of an order of
protection, or a substantially | 18 | | similar offense in another jurisdiction, in
which a | 19 | | firearm was used or possessed;
| 20 | | (ix) He or she has not been convicted of domestic | 21 | | battery, aggravated domestic battery, or a
| 22 | | substantially similar offense in another
jurisdiction | 23 | | committed before, on or after January 1, 2012 (the | 24 | | effective date of Public Act 97-158). If the applicant | 25 | | knowingly and intelligently waives the right to have an | 26 | | offense described in this clause (ix) tried by a jury, |
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| 1 | | and by guilty plea or otherwise, results in a | 2 | | conviction for an offense in which a domestic | 3 | | relationship is not a required element of the offense | 4 | | but in which a determination of the applicability of 18 | 5 | | U.S.C. 922(g)(9) is made under Section 112A-11.1 of the | 6 | | Code of Criminal Procedure of 1963, an entry by the | 7 | | court of a judgment of conviction for that offense | 8 | | shall be grounds for denying the issuance of a Firearm | 9 | | Owner's Identification Card under this Section;
| 10 | | (x) (Blank);
| 11 | | (xi) He or she is not an alien who has been | 12 | | admitted to the United
States under a non-immigrant | 13 | | visa (as that term is defined in Section
101(a)(26) of | 14 | | the Immigration and Nationality Act (8 U.S.C. | 15 | | 1101(a)(26))),
or that he or she is an alien who has | 16 | | been lawfully admitted to the United
States under a | 17 | | non-immigrant visa if that alien is:
| 18 | | (1) admitted to the United States for lawful | 19 | | hunting or sporting
purposes;
| 20 | | (2) an official representative of a foreign | 21 | | government who is:
| 22 | | (A) accredited to the United States | 23 | | Government or the Government's
mission to an | 24 | | international organization having its | 25 | | headquarters in the United
States; or
| 26 | | (B) en route to or from another country to |
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| 1 | | which that alien is
accredited;
| 2 | | (3) an official of a foreign government or | 3 | | distinguished foreign
visitor who has been so | 4 | | designated by the Department of State;
| 5 | | (4) a foreign law enforcement officer of a | 6 | | friendly foreign
government entering the United | 7 | | States on official business; or
| 8 | | (5) one who has received a waiver from the | 9 | | Attorney General of the
United States pursuant to | 10 | | 18 U.S.C. 922(y)(3);
| 11 | | (xii) He or she is not a minor subject to a | 12 | | petition filed
under Section 5-520 of the Juvenile | 13 | | Court Act of 1987 alleging that the
minor is a | 14 | | delinquent minor for the commission of an offense that | 15 | | if
committed by an adult would be a felony;
| 16 | | (xiii) He or she is not an adult who had been | 17 | | adjudicated a delinquent
minor under the Juvenile | 18 | | Court Act of 1987 for the commission of an offense
that | 19 | | if committed by an adult would be a felony;
| 20 | | (xiv) He or she is a resident of the State of | 21 | | Illinois; | 22 | | (xv) He or she has not been adjudicated as a person | 23 | | with a mental disability; | 24 | | (xvi) He or she has not been involuntarily admitted | 25 | | into a mental health facility; and | 26 | | (xvii) He or she is not a person with a |
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| 1 | | developmental disability; and
| 2 | | (3) Upon request by the Department of State Police, | 3 | | sign a release on a
form prescribed by the Department of | 4 | | State Police waiving any right to
confidentiality and | 5 | | requesting the disclosure to the Department of State Police
| 6 | | of limited mental health institution admission information | 7 | | from another state,
the District of Columbia, any other | 8 | | territory of the United States, or a
foreign nation | 9 | | concerning the applicant for the sole purpose of | 10 | | determining
whether the applicant is or was a patient in a | 11 | | mental health institution and
disqualified because of that | 12 | | status from receiving a Firearm Owner's
Identification | 13 | | Card. No mental health care or treatment records may be
| 14 | | requested. The information received shall be destroyed | 15 | | within one year of
receipt.
| 16 | | (a-5) Each applicant for a Firearm Owner's Identification | 17 | | Card who is over
the age of 18 shall furnish to the Department | 18 | | of State Police either his or
her Illinois driver's license | 19 | | number or Illinois Identification Card number, except as
| 20 | | provided in subsection (a-10).
| 21 | | (a-10) Each applicant for a Firearm Owner's Identification | 22 | | Card,
who is employed as a law enforcement officer, an armed | 23 | | security officer in Illinois, or by the United States Military
| 24 | | permanently assigned in Illinois and who is not an Illinois | 25 | | resident, shall furnish to
the Department of State Police his | 26 | | or her driver's license number or state
identification card |
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| 1 | | number from his or her state of residence. The Department
of | 2 | | State Police may adopt rules to enforce the provisions of this
| 3 | | subsection (a-10).
| 4 | | (a-15) If an applicant applying for a Firearm Owner's | 5 | | Identification Card moves from the residence address named in | 6 | | the application, he or she shall immediately notify in a form | 7 | | and manner prescribed by the Department of State Police of that | 8 | | change of address. | 9 | | (a-20) Each applicant for a Firearm Owner's Identification | 10 | | Card shall furnish to the Department of State Police his or her | 11 | | photograph. An applicant who is 21 years of age or older | 12 | | seeking a religious exemption to the photograph requirement | 13 | | must furnish with the application an approved copy of United | 14 | | States Department of the Treasury Internal Revenue Service Form | 15 | | 4029. In lieu of a photograph, an applicant regardless of age | 16 | | seeking a religious exemption to the photograph requirement | 17 | | shall submit fingerprints on a form and manner prescribed by | 18 | | the Department with his or her application. | 19 | | (b) Each application form shall include the following | 20 | | statement printed in
bold type: "Warning: Entering false | 21 | | information on an application for a Firearm
Owner's | 22 | | Identification Card is punishable as a Class 2 felony in | 23 | | accordance
with subsection (d-5) of Section 14 of the Firearm | 24 | | Owners Identification Card
Act.".
| 25 | | (c) Upon such written consent, pursuant to Section 4, | 26 | | paragraph (a)(2)(i),
the parent or legal guardian giving the |
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| 1 | | consent shall be liable for any
damages resulting from the | 2 | | applicant's use of firearms or firearm ammunition.
| 3 | | (Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
| 4 | | (430 ILCS 65/8) (from Ch. 38, par. 83-8)
| 5 | | Sec. 8. Grounds for denial and revocation. The Department | 6 | | of State Police has authority to deny an
application for or to | 7 | | revoke and seize a Firearm Owner's Identification
Card | 8 | | previously issued under this Act only if the Department finds | 9 | | that the
applicant or the person to whom such card was issued | 10 | | is or was at the time
of issuance:
| 11 | | (a) A person under 21 years of age who has been | 12 | | convicted of a
misdemeanor other than a traffic offense or | 13 | | adjudged delinquent;
| 14 | | (b) A person under 21 years of age who does not have | 15 | | the written consent
of his parent or guardian to acquire | 16 | | and possess firearms and firearm
ammunition, or whose | 17 | | parent or guardian has revoked such written consent,
or | 18 | | where such parent or guardian does not qualify to have a | 19 | | Firearm Owner's
Identification Card;
| 20 | | (c) A person convicted of a felony under the laws of | 21 | | this or any other
jurisdiction;
| 22 | | (d) A person addicted to narcotics;
| 23 | | (e) A person who has been a patient of a mental health | 24 | | facility within the
past 10 5 years or a person who has | 25 | | been a patient in a mental health facility more than 10 5 |
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| 1 | | years ago who has not received the certification required | 2 | | under subsection (u) of this Section. An active law | 3 | | enforcement officer employed by a unit of government who is | 4 | | denied, revoked, or has his or her Firearm Owner's | 5 | | Identification Card seized under this subsection (e) may | 6 | | obtain relief as described in subsection (c-5) of Section | 7 | | 10 of this Act if the officer did not act in a manner | 8 | | threatening to the officer, another person, or the public | 9 | | as determined by the treating clinical psychologist or | 10 | | physician, and the officer seeks mental health treatment;
| 11 | | (f) A person whose mental condition is of such a nature | 12 | | that it poses
a clear and present danger to the applicant, | 13 | | any other person or persons , or
the community . The | 14 | | Department may order an applicant or a current Firearm | 15 | | Owner's Identification Card holder to undergo a mental | 16 | | health screening to determine if the person's mental | 17 | | condition poses a clear and present danger to himself or | 18 | | herself, any other person or persons, or the community if: | 19 | | (1) the Department has credible information establishing | 20 | | probable cause to believe the person presents a clear and | 21 | | present danger to himself or herself, any other person or | 22 | | persons, or the community; or (2) if the person was a | 23 | | patient at a mental health facility more than 10 years ago. | 24 | | The Department may delay the issuance of a Firearm Owner's | 25 | | Identification Card or suspend a current holder's card for | 26 | | a period not to exceed 90 days until a mental condition |
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| 1 | | determination is made. If the applicant or Firearm Owner's | 2 | | Identification Card holder does not submit to the mental | 3 | | health screening, the application shall be denied or the | 4 | | Firearm Owner's Identification Card shall be revoked; | 5 | | however, the applicant or Firearm Owner's Identification | 6 | | Card holder may request an extension of time to comply for | 7 | | good cause determined by the Department. The Department may | 8 | | designate mental health providers eligible to provide | 9 | | mental health screenings under this subsection (f) whose | 10 | | cost shall be paid by the applicant or current Firearm | 11 | | Owner's Identification Card holder ;
| 12 | | (g) A person who has an intellectual disability;
| 13 | | (h) A person who intentionally makes a false statement | 14 | | in the Firearm
Owner's Identification Card application;
| 15 | | (i) An alien who is unlawfully present in
the United | 16 | | States under the laws of the United States;
| 17 | | (i-5) An alien who has been admitted to the United | 18 | | States under a
non-immigrant visa (as that term is defined | 19 | | in Section 101(a)(26) of the
Immigration and Nationality | 20 | | Act (8 U.S.C. 1101(a)(26))), except that this
subsection | 21 | | (i-5) does not apply to any alien who has been lawfully | 22 | | admitted to
the United States under a non-immigrant visa if | 23 | | that alien is:
| 24 | | (1) admitted to the United States for lawful | 25 | | hunting or sporting purposes;
| 26 | | (2) an official representative of a foreign |
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| 1 | | government who is:
| 2 | | (A) accredited to the United States Government | 3 | | or the Government's
mission to an international | 4 | | organization having its headquarters in the United
| 5 | | States; or
| 6 | | (B) en route to or from another country to | 7 | | which that alien is
accredited;
| 8 | | (3) an official of a foreign government or | 9 | | distinguished foreign visitor
who has been so | 10 | | designated by the Department of State;
| 11 | | (4) a foreign law enforcement officer of a friendly | 12 | | foreign government
entering the United States on | 13 | | official business; or
| 14 | | (5) one who has received a waiver from the Attorney | 15 | | General of the United
States pursuant to 18 U.S.C. | 16 | | 922(y)(3);
| 17 | | (j) (Blank);
| 18 | | (k) A person who has been convicted within the past 5 | 19 | | years of battery,
assault, aggravated assault, violation | 20 | | of an order of protection, or a
substantially similar | 21 | | offense in another jurisdiction, in which a firearm was
| 22 | | used or possessed;
| 23 | | (l) A person who has been convicted of domestic | 24 | | battery, aggravated domestic battery, or a substantially
| 25 | | similar offense in another jurisdiction committed before, | 26 | | on or after January 1, 2012 (the effective date of Public |
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| 1 | | Act 97-158). If the applicant or person who has been | 2 | | previously issued a Firearm Owner's Identification Card | 3 | | under this Act knowingly and intelligently waives the right | 4 | | to have an offense described in this paragraph (l) tried by | 5 | | a jury, and by guilty plea or otherwise, results in a | 6 | | conviction for an offense in which a domestic relationship | 7 | | is not a required element of the offense but in which a | 8 | | determination of the applicability of 18 U.S.C. 922(g)(9) | 9 | | is made under Section 112A-11.1 of the Code of Criminal | 10 | | Procedure of 1963, an entry by the court of a judgment of | 11 | | conviction for that offense shall be grounds for denying an | 12 | | application for and for revoking and seizing a Firearm | 13 | | Owner's Identification Card previously issued to the | 14 | | person under this Act;
| 15 | | (m) (Blank);
| 16 | | (n) A person who is prohibited from acquiring or | 17 | | possessing
firearms or firearm ammunition by any Illinois | 18 | | State statute or by federal
law;
| 19 | | (o) A minor subject to a petition filed under Section | 20 | | 5-520 of the
Juvenile Court Act of 1987 alleging that the | 21 | | minor is a delinquent minor for
the commission of an | 22 | | offense that if committed by an adult would be a felony;
| 23 | | (p) An adult who had been adjudicated a delinquent | 24 | | minor under the Juvenile
Court Act of 1987 for the | 25 | | commission of an offense that if committed by an
adult | 26 | | would be a felony;
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| 1 | | (q) A person who is not a resident of the State of | 2 | | Illinois, except as provided in subsection (a-10) of | 3 | | Section 4; | 4 | | (r) A person who has been adjudicated as a person with | 5 | | a mental disability; | 6 | | (s) A person who has been found to have a developmental | 7 | | disability; | 8 | | (t) A person involuntarily admitted into a mental | 9 | | health facility; or | 10 | | (u) A person who has had his or her Firearm Owner's | 11 | | Identification Card revoked or denied under subsection (e) | 12 | | of this Section or item (iv) of paragraph (2) of subsection | 13 | | (a) of Section 4 of this Act because he or she was a | 14 | | patient in a mental health facility as provided in | 15 | | subsection (e) of this Section, shall not be permitted to | 16 | | obtain a Firearm Owner's Identification Card, after the | 17 | | 10-year 5-year period has lapsed, unless he or she has | 18 | | received a mental health evaluation by a physician, | 19 | | clinical psychologist, or qualified examiner as those | 20 | | terms are defined in the Mental Health and Developmental | 21 | | Disabilities Code, and has received a certification that he | 22 | | or she is not a clear and present danger to himself, | 23 | | herself, or others. The physician, clinical psychologist, | 24 | | or qualified examiner making the certification and his or | 25 | | her employer shall not be held criminally, civilly, or | 26 | | professionally liable for making or not making the |
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| 1 | | certification required under this subsection, except for | 2 | | willful or wanton misconduct. This subsection does not | 3 | | apply to a person whose firearm possession rights have been | 4 | | restored through administrative or judicial action under | 5 | | Section 10 or 11 of this Act. | 6 | | Upon revocation of a person's Firearm Owner's | 7 | | Identification Card, the Department of State Police shall | 8 | | provide notice to the person and the person shall comply with | 9 | | Section 9.5 of this Act. | 10 | | (Source: P.A. 98-63, eff. 7-9-13; 98-508, eff. 8-19-13; 98-756, | 11 | | eff. 7-16-14; 99-143, eff. 7-27-15.)
| 12 | | (430 ILCS 65/10) (from Ch. 38, par. 83-10)
| 13 | | Sec. 10. Appeal to director; hearing; relief from firearm | 14 | | prohibitions. | 15 | | (a) Whenever an application for a Firearm Owner's | 16 | | Identification
Card is denied, whenever the Department fails to | 17 | | act on an application
within 30 days of its receipt, or | 18 | | whenever such a Card is revoked or seized
as provided for in | 19 | | Section 8 of this Act, the aggrieved party may
appeal
to the | 20 | | Director of State Police for a hearing upon
such denial, | 21 | | revocation or seizure, unless the denial, revocation, or | 22 | | seizure
was based upon a forcible felony, stalking, aggravated | 23 | | stalking, domestic
battery, any violation of the Illinois | 24 | | Controlled Substances Act, the Methamphetamine Control and | 25 | | Community Protection Act, or the
Cannabis Control Act that is |
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| 1 | | classified as a Class 2 or greater felony,
any
felony violation | 2 | | of Article 24 of the Criminal Code of 1961 or the Criminal Code | 3 | | of 2012, or any
adjudication as a delinquent minor for the | 4 | | commission of an
offense that if committed by an adult would be | 5 | | a felony, in which case the
aggrieved party may petition the | 6 | | circuit court in writing in the county of
his or her residence | 7 | | for a hearing upon such denial, revocation, or seizure.
| 8 | | (b) At least 30 days before any hearing in the circuit | 9 | | court, the
petitioner shall serve the
relevant State's Attorney | 10 | | with a copy of the petition. The State's Attorney
may object to | 11 | | the petition and present evidence. At the hearing the court
| 12 | | shall
determine whether substantial justice has been done. | 13 | | Should the court
determine that substantial justice has not | 14 | | been done, the court shall issue an
order directing the | 15 | | Department of State Police to issue a Card. However, the court | 16 | | shall not issue the order if the petitioner is otherwise | 17 | | prohibited from obtaining, possessing, or using a firearm under
| 18 | | federal law.
| 19 | | (c) Any person prohibited from possessing a firearm under | 20 | | Sections 24-1.1
or 24-3.1 of the Criminal Code of 2012 or | 21 | | acquiring a Firearm Owner's
Identification Card under Section 8 | 22 | | of this Act may apply to
the Director
of State Police
or | 23 | | petition the circuit court in the county where the petitioner | 24 | | resides,
whichever is applicable in accordance with subsection | 25 | | (a) of this Section,
requesting relief
from such prohibition | 26 | | and the Director or court may grant such relief if it
is
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| 1 | | established by the applicant to the court's or Director's | 2 | | satisfaction
that:
| 3 | | (0.05) when in the circuit court, the State's Attorney | 4 | | has been served
with a written
copy of the
petition at | 5 | | least 30 days before any such hearing in the circuit court | 6 | | and at
the hearing the
State's Attorney was afforded an | 7 | | opportunity to present evidence and object to
the petition;
| 8 | | (1) the applicant has not been convicted of a forcible | 9 | | felony under the
laws of this State or any other | 10 | | jurisdiction within 20 years of the
applicant's | 11 | | application for a Firearm Owner's Identification Card, or | 12 | | at
least 20 years have passed since the end of any period | 13 | | of imprisonment
imposed in relation to that conviction;
| 14 | | (2) the circumstances regarding a criminal conviction, | 15 | | where applicable,
the applicant's criminal history and his | 16 | | reputation are such that the applicant
will not be likely | 17 | | to act in a manner dangerous to public safety;
| 18 | | (3) granting relief would not be contrary to the public | 19 | | interest; and | 20 | | (4) granting relief would not be contrary to federal | 21 | | law.
| 22 | | (c-5) (1) An active law enforcement officer employed by a | 23 | | unit of government, who is denied, revoked, or has his or her | 24 | | Firearm Owner's Identification Card seized under subsection | 25 | | (e) of Section 8 of this Act may apply to the Director of State | 26 | | Police requesting relief if the officer did not act in a manner |
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| 1 | | threatening to the officer, another person, or the public as | 2 | | determined by the treating clinical psychologist or physician, | 3 | | and as a result of his or her work is referred by the employer | 4 | | for or voluntarily seeks mental health evaluation or treatment | 5 | | by a licensed clinical psychologist, psychiatrist, or | 6 | | qualified examiner, and: | 7 | | (A) the officer has not received treatment | 8 | | involuntarily at a mental health facility, regardless of | 9 | | the length of admission; or has not been voluntarily | 10 | | admitted to a mental health facility for more than 30 days | 11 | | and not for more than one incident within the past 10 5 | 12 | | years; and | 13 | | (B) the officer has not left the mental institution | 14 | | against medical advice. | 15 | | (2) The Director of State Police shall grant expedited | 16 | | relief to active law enforcement officers described in | 17 | | paragraph (1) of this subsection (c-5) upon a determination by | 18 | | the Director that the officer's possession of a firearm does | 19 | | not present a threat to themselves, others, or public safety. | 20 | | The Director shall act on the request for relief within 30 | 21 | | business days of receipt of: | 22 | | (A) a notarized statement from the officer in the form | 23 | | prescribed by the Director detailing the circumstances | 24 | | that led to the hospitalization; | 25 | | (B) all documentation regarding the admission, | 26 | | evaluation, treatment and discharge from the treating |
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| 1 | | licensed clinical psychologist or psychiatrist of the | 2 | | officer; | 3 | | (C) a psychological fitness for duty evaluation of the | 4 | | person completed after the time of discharge; and | 5 | | (D) written confirmation in the form prescribed by the | 6 | | Director from the treating licensed clinical psychologist | 7 | | or psychiatrist that the provisions set forth in paragraph | 8 | | (1) of this subsection (c-5) have been met, the person | 9 | | successfully completed treatment, and their professional | 10 | | opinion regarding the person's ability to possess | 11 | | firearms. | 12 | | (3) Officers eligible for the expedited relief in paragraph | 13 | | (2) of this subsection (c-5) have the burden of proof on | 14 | | eligibility and must provide all information required. The | 15 | | Director may not consider granting expedited relief until the | 16 | | proof and information is received. | 17 | | (4) "Clinical psychologist", "psychiatrist", and | 18 | | "qualified examiner" shall have the same meaning as provided in | 19 | | Chapter I of the Mental Health and Developmental Disabilities | 20 | | Code. | 21 | | (c-10) (1) An applicant, who is denied, revoked, or has his | 22 | | or her Firearm Owner's Identification Card seized under | 23 | | subsection (e) of Section 8 of this Act based upon a | 24 | | determination of a developmental disability or an intellectual | 25 | | disability may apply to the Director of State Police requesting | 26 | | relief. |
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| 1 | | (2) The Director shall act on the request for relief within | 2 | | 60 business days of receipt of written certification, in the | 3 | | form prescribed by the Director, from a physician or clinical | 4 | | psychologist, or qualified examiner, that the aggrieved | 5 | | party's developmental disability or intellectual disability | 6 | | condition is determined by a physician, clinical psychologist, | 7 | | or qualified to be mild. If a fact-finding conference is | 8 | | scheduled to obtain additional information concerning the | 9 | | circumstances of the denial or revocation, the 60 business days | 10 | | the Director has to act shall be tolled until the completion of | 11 | | the fact-finding conference. | 12 | | (3) The Director may grant relief if the aggrieved party's | 13 | | developmental disability or intellectual disability is mild as | 14 | | determined by a physician, clinical psychologist, or qualified | 15 | | examiner and it is established by the applicant to the | 16 | | Director's satisfaction that: | 17 | | (A) granting relief would not be contrary to the public | 18 | | interest; and | 19 | | (B) granting relief would not be contrary to federal | 20 | | law. | 21 | | (4) The Director may not grant relief if the condition is | 22 | | determined by a physician, clinical psychologist, or qualified | 23 | | examiner to be moderate, severe, or profound. | 24 | | (5) The changes made to this Section by this amendatory Act | 25 | | of the 99th General Assembly apply to requests for
relief | 26 | | pending on or before the effective date of this amendatory Act, |
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| 1 | | except that the 60-day period for the Director to act on | 2 | | requests pending before the effective date shall begin
on the | 3 | | effective date of this amendatory Act. | 4 | | (d) When a minor is adjudicated delinquent for an offense | 5 | | which if
committed by an adult would be a felony, the court | 6 | | shall notify the Department
of State Police.
| 7 | | (e) The court shall review the denial of an application or | 8 | | the revocation of
a Firearm Owner's Identification Card of a | 9 | | person who has been adjudicated
delinquent for an offense that | 10 | | if
committed by an adult would be a felony if an
application | 11 | | for relief has been filed at least 10 years after the | 12 | | adjudication
of delinquency and the court determines that the | 13 | | applicant should be
granted relief from disability to obtain a | 14 | | Firearm Owner's Identification Card.
If the court grants | 15 | | relief, the court shall notify the Department of State
Police | 16 | | that the disability has
been removed and that the applicant is | 17 | | eligible to obtain a Firearm Owner's
Identification Card.
| 18 | | (f) Any person who is subject to the disabilities of 18 | 19 | | U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act | 20 | | of 1968 because of an adjudication or commitment that occurred | 21 | | under the laws of this State or who was determined to be | 22 | | subject to the provisions of subsections (e), (f), or (g) of | 23 | | Section 8 of this Act may apply to the Department of State | 24 | | Police requesting relief from that prohibition. The Director | 25 | | shall grant the relief if it is established by a preponderance | 26 | | of the evidence that the person will not be likely to act in a |
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| 1 | | manner dangerous to public safety and that granting relief | 2 | | would not be contrary to the public interest. In making this | 3 | | determination, the Director shall receive evidence concerning | 4 | | (i) the circumstances regarding the firearms disabilities from | 5 | | which relief is sought; (ii) the petitioner's mental health and | 6 | | criminal history records, if any; (iii) the petitioner's | 7 | | reputation, developed at a minimum through character witness | 8 | | statements, testimony, or other character evidence; and (iv) | 9 | | changes in the petitioner's condition or circumstances since | 10 | | the disqualifying events relevant to the relief sought. If | 11 | | relief is granted under this subsection or by order of a court | 12 | | under this Section, the Director shall as soon as practicable | 13 | | but in no case later than 15 business days, update, correct, | 14 | | modify, or remove the person's record in any database that the | 15 | | Department of State Police makes available to the National | 16 | | Instant Criminal Background Check System and notify the United | 17 | | States Attorney General that the basis for the record being | 18 | | made available no longer applies. The Department of State | 19 | | Police shall adopt rules for the administration of this | 20 | | Section. | 21 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78, | 22 | | eff. 7-20-15.)
| 23 | | Section 95. No acceleration or delay. Where this Act makes | 24 | | changes in a statute that is represented in this Act by text | 25 | | that is not yet or no longer in effect (for example, a Section |
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| 1 | | represented by multiple versions), the use of that text does | 2 | | not accelerate or delay the taking effect of (i) the changes | 3 | | made by this Act or (ii) provisions derived from any other | 4 | | Public Act.
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2018.".
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