Full Text of SB1038 100th General Assembly
SB1038sam002 100TH GENERAL ASSEMBLY | Sen. Dale A. Righter Filed: 5/26/2017
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| 1 | | AMENDMENT TO SENATE BILL 1038
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1038 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Firearm Concealed Carry Act is amended by | 5 | | changing Sections 10, 15, 20, 55, and 87 as follows: | 6 | | (430 ILCS 66/10)
| 7 | | Sec. 10. Issuance of licenses to carry a concealed firearm. | 8 | | (a) The Department shall issue a license to carry a | 9 | | concealed firearm under this Act to an applicant who: | 10 | | (1) meets the qualifications of Section 25 of this Act; | 11 | | (2) has provided the application and documentation | 12 | | required in Section 30 of this Act; | 13 | | (3) has submitted the requisite fees; and | 14 | | (4) does not pose a danger to himself, herself, or | 15 | | others, or a threat to public safety as determined by the | 16 | | Concealed Carry Licensing Review Board in accordance with |
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| 1 | | Section 20. | 2 | | (b) The Department shall issue a renewal, corrected, or | 3 | | duplicate license as provided in this Act. | 4 | | (c) A license shall be valid throughout the State for a | 5 | | period of 5 years from the date of issuance. A license shall | 6 | | permit the licensee to: | 7 | | (1) carry a loaded or unloaded concealed firearm, fully | 8 | | concealed or partially concealed, on or about his or her | 9 | | person; and
| 10 | | (2) keep or carry a loaded or unloaded concealed | 11 | | firearm on or about his or her person within a vehicle. | 12 | | (d) The Department shall make applications for a license | 13 | | available no later than 180 days after the effective date of | 14 | | this Act. The Department shall establish rules for the | 15 | | availability and submission of applications in accordance with | 16 | | this Act. | 17 | | (e) An application for a license submitted to the | 18 | | Department that contains all the information and materials | 19 | | required by this Act, including the requisite fee, shall be | 20 | | deemed completed. Except as otherwise provided in this Act, no | 21 | | later than 90 days after receipt of a completed application, | 22 | | the Department shall issue or deny the applicant a license. | 23 | | (f) The Department shall deny the applicant a license if | 24 | | the applicant fails to meet the requirements under this Act or | 25 | | the Department receives a determination from the Board that the | 26 | | applicant is ineligible for a license. The Department must |
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| 1 | | notify the applicant stating the grounds for the denial. The | 2 | | notice of denial must inform the applicant of his or her right | 3 | | to an appeal through administrative or de novo and judicial | 4 | | review. | 5 | | (g) A licensee shall possess a license at all times the | 6 | | licensee carries a concealed firearm except: | 7 | | (1) when the licensee is carrying or possessing a | 8 | | concealed firearm on his or her land or in his or her | 9 | | abode, legal dwelling, or fixed place of business, or on | 10 | | the land or in the legal dwelling of another person as an | 11 | | invitee with that person's permission; | 12 | | (2) when the person is authorized to carry a firearm | 13 | | under Section 24-2 of the Criminal Code of 2012, except | 14 | | subsection (a-5) of that Section; or | 15 | | (3) when the handgun is broken down in a | 16 | | non-functioning state, is not immediately accessible, or | 17 | | is unloaded and enclosed in a case. | 18 | | (h) If an officer of a law enforcement agency initiates an | 19 | | investigative stop, including but not limited to a traffic | 20 | | stop, of a licensee or a non-resident carrying a concealed | 21 | | firearm under subsection (e) of
Section 40 of this Act, upon | 22 | | the request of the officer the licensee or non-resident shall | 23 | | disclose to the officer that he or she is in possession of a | 24 | | concealed firearm under this Act, or present the license upon | 25 | | the request of the officer if he or she is a licensee or | 26 | | present upon the request of the officer evidence
under |
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| 1 | | paragraph (2) of subsection (e) of Section 40 of this Act that | 2 | | he or she is a non-resident qualified to carry
under that | 3 | | subsection. The disclosure requirement under this subsection | 4 | | (h) is satisfied if the licensee presents his or her license to | 5 | | the officer or the non-resident presents to the officer | 6 | | evidence under paragraph (2) of subsection (e) of Section 40 of | 7 | | this Act that he or she is qualified to carry under that | 8 | | subsection. Upon the request of the officer, the licensee or | 9 | | non-resident shall also identify the location of the concealed | 10 | | firearm and permit the officer to safely secure the firearm for | 11 | | the duration of the investigative stop. During a traffic stop, | 12 | | any
passenger within the vehicle who is a licensee or a | 13 | | non-resident carrying under subsection (e) of
Section 40 of | 14 | | this Act must comply with the requirements of this subsection | 15 | | (h). | 16 | | (h-1) If a licensee carrying a firearm or a non-resident | 17 | | carrying a firearm in a vehicle under subsection (e) of Section | 18 | | 40 of this Act is contacted by a law enforcement officer or | 19 | | emergency
services personnel, the law enforcement officer or | 20 | | emergency services personnel may secure the firearm
or direct | 21 | | that it be secured during the duration of the contact if the | 22 | | law enforcement officer or emergency
services personnel | 23 | | determines that it is necessary for the safety of any person
| 24 | | present, including the law enforcement officer or emergency | 25 | | services personnel. The licensee or nonresident
shall submit to | 26 | | the order to secure the firearm. When the law enforcement |
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| 1 | | officer or emergency services
personnel have determined that | 2 | | the licensee or non-resident is not a threat to
the safety of | 3 | | any person present, including the law enforcement officer or | 4 | | emergency services personnel, and
if the licensee or | 5 | | non-resident is physically and mentally capable of
possessing | 6 | | the firearm, the law enforcement officer or emergency services | 7 | | personnel shall return the
firearm to the licensee or | 8 | | non-resident before releasing him or her from the
scene and | 9 | | breaking contact. If the licensee or non-resident is | 10 | | transported for
treatment to another location, the firearm | 11 | | shall be turned over to any peace
officer. The peace officer | 12 | | shall provide a receipt which includes the make,
model, | 13 | | caliber, and serial number of the firearm. | 14 | | (i) The Department shall maintain a database of license | 15 | | applicants and licensees. The database shall be available to | 16 | | all federal, State, and local law enforcement agencies, State's | 17 | | Attorneys, the Attorney General, and authorized court | 18 | | personnel. Within 180 days after the effective date of this | 19 | | Act, the database shall be searchable and provide all | 20 | | information included in the application, including the | 21 | | applicant's previous addresses within the 10 years prior to the | 22 | | license application and any information related to violations | 23 | | of this Act. No law enforcement agency, State's Attorney, | 24 | | Attorney General, or member or staff of the judiciary shall | 25 | | provide any information to a requester who is not entitled to | 26 | | it by law. |
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| 1 | | (j) No later than 10 days after receipt of a completed | 2 | | application, the Department shall enter the relevant | 3 | | information about the applicant into the database under | 4 | | subsection (i) of this Section which is accessible by law | 5 | | enforcement agencies.
| 6 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29, | 7 | | eff. 7-10-15.) | 8 | | (430 ILCS 66/15)
| 9 | | Sec. 15. Objections by law enforcement agencies. | 10 | | (a) Any law enforcement agency may submit an objection to a | 11 | | license applicant based upon a reasonable suspicion that the | 12 | | applicant is a danger to himself or herself or others, or a | 13 | | threat to public safety. The objection shall be made by the | 14 | | chief law enforcement officer of the law enforcement agency, or | 15 | | his or her designee, and must include any information relevant | 16 | | to the objection. Objections previously filed against an | 17 | | applicant shall not be considered as a basis for an objection | 18 | | for renewal of a concealed carry license unless another | 19 | | incident has occurred since the license applicant's last review | 20 | | by the Board. A law enforcement agency that submits an | 21 | | objection to a license applicant to the Department may withdraw | 22 | | the objection before it is submitted to the Board. If a law | 23 | | enforcement agency submits an objection within 30 days after | 24 | | the entry of an applicant into the database, the Department | 25 | | shall submit the objection , unless withdrawn or rejected as |
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| 1 | | provided for in this Section, and all information available to | 2 | | the Board under State and federal law related to the | 3 | | application to the Board within 10 days of completing all | 4 | | necessary background checks and any verification performed by | 5 | | the Department . The Department may review and verify a law | 6 | | enforcement agency objection to a license applicant before the | 7 | | Department's submission of the objection to the Board. Any | 8 | | verification shall determine: (i) if the requirements under | 9 | | this Act for the submission of an objection by a law | 10 | | enforcement agency has been met, (ii) that the objection has | 11 | | been filed against the proper person, and (iii) that | 12 | | information relevant to the objection has been included. A law | 13 | | enforcement agency objection that fails this verification | 14 | | shall be returned to the objecting law enforcement agency and | 15 | | the law enforcement agency shall have 30 calendar days after | 16 | | receiving notification from the Department to submit the | 17 | | required information, provide the Department a response, or | 18 | | withdraw the objection. If the objecting law enforcement agency | 19 | | fails to respond within 30 calendar days, the Department shall | 20 | | reject the objection and process the application. | 21 | | (b) If an applicant has 5 or more arrests for any reason, | 22 | | that have been entered into the Criminal History Records | 23 | | Information (CHRI) System, within the 7 years preceding the | 24 | | date of application for a license, or has 3 or more arrests | 25 | | within the 7 years preceding the date of application for a | 26 | | license for any combination of gang-related offenses, the |
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| 1 | | Department shall object and submit the applicant's arrest | 2 | | record to the extent the Board is allowed to receive that | 3 | | information under State and federal law, the application | 4 | | materials, and any additional information submitted by a law | 5 | | enforcement agency to the Board. For purposes of this | 6 | | subsection, "gang-related offense" is an offense described in | 7 | | Section 12-6.4, Section 24-1.8, Section 25-5, Section 33-4, or | 8 | | Section 33G-4, or in paragraph (1) of subsection (a) of Section | 9 | | 12-6.2, paragraph (2) of subsection (b) of Section 16-30, | 10 | | paragraph (2) of subsection (b) of Section 31-4, or item (iii) | 11 | | of paragraph (1.5) of subsection (i) of Section 48-1 of the | 12 | | Criminal Code of 2012. | 13 | | (c) The referral of an objection under this Section to the | 14 | | Board shall toll the 90-day period for the Department to issue | 15 | | or deny the applicant a license under subsection (e) of Section | 16 | | 10 of this Act, during the period of review and until the Board | 17 | | issues its decision. | 18 | | (c-5) If a law enforcement agency submits an erroneous | 19 | | objection or decides to withdraw an objection, the law | 20 | | enforcement agency shall notify the Department immediately and | 21 | | the objection shall be considered null and void. The Department | 22 | | shall notify the Board that the objection has been rescinded | 23 | | and the application shall be returned to the Department for | 24 | | completion of the application process. | 25 | | (d) If no objection is made by a law enforcement agency or | 26 | | the Department under this Section, the Department shall process |
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| 1 | | the application in accordance with this Act.
| 2 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | 3 | | (430 ILCS 66/20)
| 4 | | Sec. 20. Concealed Carry Licensing Review Board. | 5 | | (a) There is hereby created within the Department of State | 6 | | Police a Concealed Carry Licensing Review Board to consider any | 7 | | objection to an applicant's eligibility to obtain a license | 8 | | under this Act submitted by a law enforcement agency or the | 9 | | Department under Section 15 of this Act. The Board shall | 10 | | consist of 7 commissioners to be appointed by the Governor, | 11 | | with the advice and consent of the Senate, with 3 commissioners | 12 | | residing within the First Judicial District and one | 13 | | commissioner residing within each of the 4 remaining Judicial | 14 | | Districts. No more than 4 commissioners shall be members of the | 15 | | same political party. The Governor shall designate one | 16 | | commissioner as the Chairperson. The Board shall consist of: | 17 | | (1) one commissioner with at least 5 years of service | 18 | | as a federal judge; | 19 | | (2) 2 commissioners with at least 5 years of experience | 20 | | serving as an attorney with the United States Department of | 21 | | Justice; | 22 | | (3) 3 commissioners with at least 5 years of experience | 23 | | as a federal agent or employee with investigative | 24 | | experience or duties related to criminal justice under the | 25 | | United States Department of Justice, Drug Enforcement |
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| 1 | | Administration, Department of Homeland Security, or | 2 | | Federal Bureau of Investigation; and | 3 | | (4) one member with at least 5 years of experience as a | 4 | | licensed physician or clinical psychologist with expertise | 5 | | in the diagnosis and treatment of mental illness. | 6 | | (b) The initial terms of the commissioners shall end on | 7 | | January 12, 2015. Thereafter, the commissioners shall hold | 8 | | office for 4 years, with terms expiring on the second Monday in | 9 | | January of the fourth year. Commissioners may be reappointed. | 10 | | Vacancies in the office of commissioner shall be filled in the | 11 | | same manner as the original appointment, for the remainder of | 12 | | the unexpired term. The Governor may remove a commissioner for | 13 | | incompetence, neglect of duty, malfeasance, or inability to | 14 | | serve. Commissioners shall receive compensation in an amount | 15 | | equal to the compensation of members of the Executive Ethics | 16 | | Commission and may be reimbursed for reasonable expenses | 17 | | actually incurred in the performance of their Board duties, | 18 | | from funds appropriated for that purpose. | 19 | | (c) The Board shall meet at the call of the chairperson as | 20 | | often as necessary to consider objections to applications for a | 21 | | license under this Act. If necessary to ensure the | 22 | | participation of a commissioner, the Board shall allow a | 23 | | commissioner to participate in a Board meeting by electronic | 24 | | communication. Any commissioner participating electronically | 25 | | shall be deemed present for purposes of establishing a quorum | 26 | | and voting. |
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| 1 | | (d) The Board shall adopt rules for the review of | 2 | | objections and the conduct of hearings , including minimum | 3 | | standards for information required to file with an objection . | 4 | | The Board shall maintain a record of its decisions and all | 5 | | materials considered in making its decisions. All Board | 6 | | decisions and voting records shall be kept confidential and all | 7 | | materials considered by the Board shall be exempt from | 8 | | inspection except upon order of a court. | 9 | | (d-5) Immediately upon the receipt from the Department of | 10 | | notice of an objection, the Board shall notify the applicant of | 11 | | the referral of the application to the Board and that the | 12 | | 90-day period for the Department to issue or deny a license has | 13 | | been tolled. The notification of referral shall include the | 14 | | identity of the law enforcement agency submitting the objection | 15 | | and any detailed narrative upon which the objection is based. | 16 | | The Department may, however, exclude or redact information that | 17 | | may be confidential or which may impair or compromise an | 18 | | ongoing investigation. Notification to the applicant shall be | 19 | | by mail and the applicant's online application page. The | 20 | | notification of the referral shall inform the applicant of his | 21 | | or her right to submit a written statement to the Board on his | 22 | | or her behalf. The applicant's statement may include any | 23 | | documents that the applicant believes will clarify or | 24 | | substantiate the applicant's statement. This statement may be | 25 | | submitted by mail, email, or the applicant's online application | 26 | | page. The applicant shall have 45 days from the date the |
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| 1 | | notification of the referral to the Board is sent to submit a | 2 | | statement. However, the applicant need not respond within 45 | 3 | | days if the applicant notifies the Board that an additional 45 | 4 | | days are needed to respond. An applicant shall have a maximum | 5 | | of 90 days in which to respond. If an applicant fails to | 6 | | respond within the 90-day period, the applicant shall be deemed | 7 | | to have waived his or her right to respond. | 8 | | (e) In considering an objection of a law enforcement agency | 9 | | or the Department, the Board shall review the materials | 10 | | received with the objection from the law enforcement agency or | 11 | | the Department. By a vote of at least 4 commissioners, the | 12 | | Board may request additional information from the law | 13 | | enforcement agency, Department, or the applicant, or the | 14 | | testimony of the law enforcement agency, Department, or the | 15 | | applicant. The Board may require that the applicant submit | 16 | | electronic fingerprints to the Department for an updated | 17 | | background check where the Board determines it lacks sufficient | 18 | | information to determine eligibility. The Board may only | 19 | | consider information submitted by the Department, a law | 20 | | enforcement agency, or the applicant. The Board shall review | 21 | | each objection and determine by a majority of commissioners | 22 | | whether an applicant is eligible for a license. | 23 | | (f) The Board shall issue a decision within 30 days of | 24 | | receipt of the objection from the Department. However, the | 25 | | Board need not issue a decision within 30 days if: | 26 | | (1) the Board requests information from the applicant, |
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| 1 | | including but not limited to electronic fingerprints to be | 2 | | submitted to the Department, in accordance with subsection | 3 | | (e) of this Section, in which case the Board shall make a | 4 | | decision within 30 days of receipt of the required | 5 | | information from the applicant; | 6 | | (2) the applicant agrees, in writing, to allow the | 7 | | Board additional time to consider an objection; or | 8 | | (3) the Board notifies the applicant and the Department | 9 | | that the Board needs an additional 30 days to issue a | 10 | | decision. | 11 | | (f-5) The Board's request for an additional 30 days to | 12 | | issue a decision shall be limited to one 30-day period. | 13 | | (g) If the Board determines by a preponderance of the | 14 | | evidence that the applicant poses a danger to himself or | 15 | | herself or others, or is a threat to public safety, then the | 16 | | Board shall affirm the objection of the law enforcement agency | 17 | | or the Department and shall notify the Department that the | 18 | | applicant is ineligible for a license. If the Board does not | 19 | | determine by a preponderance of the evidence that the applicant | 20 | | poses a danger to himself or herself or others, or is a threat | 21 | | to public safety, then the Board shall notify the Department | 22 | | that the applicant is eligible for a license. | 23 | | (h) Meetings of the Board shall not be subject to the Open | 24 | | Meetings Act and records of the Board shall not be subject to | 25 | | the Freedom of Information Act. | 26 | | (i) The Board shall report monthly to the Governor and the |
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| 1 | | General Assembly on the number of objections received and | 2 | | provide details of the circumstances in which the Board has | 3 | | determined to deny licensure based on law enforcement or | 4 | | Department objections under Section 15 of this Act. The report | 5 | | shall not contain any identifying information about the | 6 | | applicants.
| 7 | | (Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.) | 8 | | (430 ILCS 66/55)
| 9 | | Sec. 55. Change of address or name; lost, destroyed, or | 10 | | stolen licenses. | 11 | | (a) A licensee shall notify the Department within 30 days | 12 | | of moving or changing residence or any change of name. The | 13 | | licensee shall submit the requisite fee and the Department may | 14 | | require a notarized statement that the licensee has
changed his | 15 | | or her residence or his or her name, including the prior and | 16 | | current address or name and the date the applicant moved or | 17 | | changed his or her name. | 18 | | (b) A licensee shall notify the Department within 10 days | 19 | | of discovering that a license has been lost, destroyed, or | 20 | | stolen. A lost, destroyed, or stolen license is invalid. To | 21 | | request a replacement license, the licensee shall submit: | 22 | | (1) a notarized statement that the licensee no longer | 23 | | possesses the license, and that it was lost, destroyed, or | 24 | | stolen; | 25 | | (2) if applicable, a copy of a police report stating |
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| 1 | | that the license was stolen; and | 2 | | (3) the requisite fee. | 3 | | (b-5) The Department shall provide confirmation that a | 4 | | request has been submitted for a replacement of a lost, | 5 | | destroyed, or stolen license which shall serve in a place of | 6 | | the license until a replacement is issued. | 7 | | (c) A violation of this Section is a petty offense with a | 8 | | fine of $150 which shall be deposited into the Mental Health | 9 | | Reporting Fund.
| 10 | | (Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.) | 11 | | (430 ILCS 66/87)
| 12 | | Sec. 87. Administrative and judicial review. | 13 | | (a) Whenever an application for a concealed carry license | 14 | | is denied, whenever the Department fails to act on an | 15 | | application
within 90 days of its receipt, or whenever a | 16 | | license is revoked or suspended as provided in this Act, the | 17 | | aggrieved party may
appeal
to the Director for a hearing upon
| 18 | | the denial, revocation, suspension, or failure to act on the | 19 | | application, unless the denial
was made by the Concealed Carry | 20 | | Licensing Review Board, in which case the
aggrieved party may | 21 | | petition the circuit court in writing in the county of
his or | 22 | | her residence for a hearing upon the denial. The Director shall | 23 | | have 45 days after the submission of an applicant's request for | 24 | | a hearing to hold the hearing and 15 days after the hearing to | 25 | | make a final administrative decision. |
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| 1 | | (b) All final administrative decisions of the Department or | 2 | | the Concealed Carry Licensing Review Board under this
Act shall | 3 | | be subject to judicial review under the provisions of the | 4 | | Administrative
Review Law , unless the denial by the Board was | 5 | | based on the mental condition or possible intellectual | 6 | | disability of the applicant, in which case an appeal of the | 7 | | denial shall be subject to de novo judicial review by the | 8 | | circuit court. In this case, a party may offer evidence that is | 9 | | otherwise proper and admissible without regard to whether that | 10 | | evidence is a part of the administrative record . The term
| 11 | | "administrative decision" is defined as in Section 3-101 of the | 12 | | Code of
Civil Procedure.
| 13 | | (Source: P.A. 98-63, eff. 7-9-13.)".
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